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91_SB1283
LRB9109070DJcd
1 AN ACT concerning counties, amending named Acts.
2 WHEREAS, A federal decennial census will be conducted in
3 the year 2000; and
4 WHEREAS, DuPage County, Illinois had a population of less
5 than 1,000,000 as established by the 1990 federal decennial
6 census, but the 2000 census may establish that DuPage County
7 has a population greater than 1,000,000; and
8 WHEREAS, The Illinois Compiled Statutes contain many
9 provisions classifying counties according to their
10 population; and
11 WHEREAS, Many of those provisions impose duties on
12 counties or otherwise regulate counties according to whether
13 a county's population is 1,000,000 or more or is less than
14 1,000,000; and
15 WHEREAS, The General Assembly intends that (i) under the
16 laws of this State, DuPage County be treated no differently
17 after the 2000 census than it was treated before that census
18 solely by virtue of a change in its population and (ii)
19 DuPage County be deemed to be a county with a population of
20 less than 1,000,000 before the effective date of this
21 amendatory Act of the 91st General Assembly and be governed
22 by the changes made by this amendatory Act of the 91st
23 General Assembly after that date; therefore
24 Be it enacted by the People of the State of Illinois,
25 represented in the General Assembly:
26 Section 5. The Constitutional Convention Act is amended
27 by changing Section 1 as follows:
28 (5 ILCS 25/1) (from Ch. 1, par. 151)
29 Sec. 1. Whenever the question of whether a
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1 Constitutional Convention should be called is required to be
2 submitted to the electors of this State pursuant to
3 subsection (a) or (b) of Section 1 of Article XIV of the
4 Illinois Constitution, the General Assembly shall prepare a
5 brief explanation of such call, a brief argument in favor of
6 the same, and the form in which such call of a Constitutional
7 Convention will appear on the separate ballot as provided by
8 Section 16-6 of The Election Code, as amended. Members of
9 the General Assembly who oppose the call of a Constitutional
10 Convention or, if there are no members opposing the call of a
11 Constitutional Convention, anyone designated by the General
12 Assembly shall prepare a brief argument against such call of
13 a Constitutional Convention.
14 The explanation, the arguments for and against a call of
15 a Constitutional Convention and the form in which the call
16 will appear on the separate ballot, shall be filed in the
17 office of the Secretary of State. At least 1 month before
18 the general election in which the questions of the call of
19 the Constitutional Convention shall be submitted to the
20 electors of this State, the Secretary of State shall publish
21 the question of the call of a Constitutional Convention, in
22 full in 8 point type, or the equivalent thereto, in at least
23 one secular newspaper of general circulation in every county
24 in this State in which a newspaper is published. In counties
25 in which 2 or more newspapers are published, the Secretary of
26 State shall cause such question of the call of a
27 Constitutional Convention to be published in 2 newspapers.
28 In counties having a population of 2,000,000 1,000,000 or
29 more, such question shall be published in not less than 6
30 newspapers of general circulation. After the first
31 publication, the publication of such question shall be
32 repeated once each week for 2 consecutive weeks. In
33 selecting newspapers in which to publish such question the
34 Secretary of State shall have regard solely to the
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1 circulation of such newspapers, selecting secular newspapers
2 in every case having the largest circulation. The proposed
3 question shall have a notice prefixed thereto in said
4 publications, that at such election the question of calling a
5 Constitutional Convention will be submitted to the electors
6 for adoption or rejection, and at the end of the official
7 publication, he shall also publish the form in which the
8 question of calling a Constitutional Convention will appear
9 on the separate ballot. The Secretary of State shall fix the
10 publication fees to be paid newspapers for making such
11 publication, but in no case shall such publication fee exceed
12 the amount charged by such newspapers to private individuals
13 for a like publication. In addition to the notice hereby
14 required to be published, the Secretary of State shall also
15 cause the question of calling a Constitutional Convention,
16 the explanation of the same, the arguments for and against
17 the same, and the form in which such call will appear on the
18 separate ballot, to be published in pamphlet form in 8 point
19 type or the equivalent thereto; and the Secretary of State
20 shall mail such pamphlet to every mailing address in the
21 State, addressed to the attention of the Postal Patron. He
22 shall also maintain a reasonable supply of such pamphlets so
23 as to make them available to any person requesting one.
24 (Source: P.A. 86-795.)
25 Section 7. The Statute on Statutes is amended by adding
26 Section 9 as follows:
27 (5 ILCS 70/9 new)
28 Sec. 9. DuPage County; population. For purposes of
29 applying the laws of this State before the effective date of
30 this amendatory Act of the 91st General Assembly, DuPage
31 County shall be deemed to be a county with a population of
32 less than 1,000,000 before that date. On and after that
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1 date, DuPage County shall be governed by the changes made by
2 this amendatory Act of the 91st General Assembly.
3 Section 10. The Intergovernmental Cooperation Act is
4 amended by changing Section 3.6 as follows:
5 (5 ILCS 220/3.6) (from Ch. 127, par. 743.6)
6 Sec. 3.6. (a) Any special district the boundaries of
7 which are exactly coterminous with, or entirely within, the
8 boundaries of a township in a county having less than
9 2,000,000 1,000,000 inhabitants may merge into and transfer
10 all of its rights, powers, duties, liabilities and functions
11 to the township as provided in this Section notwithstanding
12 any other provision of the law.
13 (b) "Special district" means any political subdivision
14 other than a county, municipality, township, school district
15 or community college district.
16 (c) By resolution or ordinance the special district may
17 petition the township for merger. Within 30 days after the
18 adoption of such resolution or ordinance, the special
19 district shall file a copy of the petition with the town
20 clerk of the township and with the county clerk.
21 (d) Within 60 days of the filing of the petition with
22 the town clerk the board of town trustees shall by ordinance
23 either agree or refuse to agree to the merger. Failure of
24 the board of town trustees to adopt such an ordinance within
25 the 60 days shall constitute a refusal to agree to the
26 merger.
27 (e) After an ordinance is passed by the board of town
28 trustees agreeing to a merger, it shall be published once
29 within 30 days after its passage in one or more newspapers
30 published in the township or, if no newspaper is published
31 therein, it shall be published in a newspaper published in
32 the county in which such township is located and having
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1 general circulation within such township. If no newspaper is
2 published in the county having general circulation in the
3 township, publication may be made instead by posting copies
4 of such ordinance in 10 public places within the township.
5 The publication or posting of the ordinance shall include a
6 notice of (1) the specific number of voters required to sign
7 a petition requesting that the question of the merger be
8 submitted to the voters of the township; (2) the time within
9 which the petition must be filed; and (3) the date of the
10 prospective referendum. The township clerk shall provide a
11 petition form to any individual requesting one. The ordinance
12 shall not become effective until 30 days after its
13 publication or the date of such posting of such copies.
14 Whenever a petition signed by the electors of the
15 township equal in number to 10% or more of the registered
16 voters in the township is filed with the board of town
17 trustees thereof which has adopted an ordinance agreeing to
18 merger and such petition has been filed with the board of
19 town trustees within 30 days after the publication or the
20 date of the posting of the copies which petition seeks the
21 submission of such merger to an election, the board of town
22 trustees shall certify the question to the proper election
23 officials who shall submit the question at an election in
24 accordance with the general election law.
25 The proposition shall be substantially in the following
26 form:
27 -------------------------------------------------------------
28 Shall (name of special YES
29 district) be merged into ----------------------------
30 ............. Township? NO
31 -------------------------------------------------------------
32 If the boundaries of the township and special district are
33 coterminous and a majority of the voters voting on the
34 question shall favor merger, the special district shall merge
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1 into the township. If a majority of the voters voting on the
2 question shall not favor merger, the special district shall
3 not merge into the township. If the boundaries of the
4 township and special district are not coterminous, then a
5 majority of the voters voting upon the question in the
6 special district and a majority of the voters voting in that
7 portion of the township that is not included within the
8 special district must both favor the merger. If a majority
9 of the voters residing in the special district or a majority
10 of the voters voting in that portion of the townships that is
11 not included within the special district do not favor the
12 merger, the special district shall not merge into the
13 township.
14 (f) The effective date of the merger shall be the first
15 day of January of the year immediately following the
16 effective date of the ordinance or the approval by the
17 referendum as the case may be.
18 (g) If the board of town trustees refuses to agree to
19 the merger or if a majority of the voters voting on the
20 question shall not favor merger, then the special district
21 shall not file a petition for merger with the town clerk
22 within 3 years after such refusal to agree or referendum.
23 (h) Upon the effective date of the merger the township
24 shall assume and succeed to all of the rights, powers,
25 duties, liabilities and functions of the special district,
26 including assuming any indebtedness of the special district,
27 and the special district shall be dissolved and cease to
28 exist as a separate and distinct political subdivision. In
29 connection with such rights, powers, duties, liabilities and
30 functions the township shall be subject to, governed by and
31 have the benefit of the statutes, as then or thereafter
32 amended, and laws affecting such a special district,
33 including without limitation the right to levy taxes in such
34 amounts as allowed to such a special district, but the right
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1 to levy taxes shall exist only within the area formerly
2 comprising such merged special district. Upon the effective
3 date of the merger all books, records, equipment, property
4 and personnel held by, in the custody of or employed by the
5 special district shall be transferred to the township. The
6 transfer shall not affect the status or employment benefits
7 of transferred personnel.
8 (Source: P.A. 89-150, eff. 7-14-95.)
9 Section 15. The Election Code is amended by changing
10 Sections 4-4, 4-7, 13-2, 14-1, and 17-32 as follows:
11 (10 ILCS 5/4-4) (from Ch. 46, par. 4-4)
12 Sec. 4-4. The county clerk shall be ex officio the
13 registration officer of such county and shall have full
14 charge and control of the registration of voters within such
15 county, where this Article 4 is in effect.
16 For the 3 days of any 1969 and 1970 re-registration and
17 for precinct registrations hereinafter provided, 2 of the
18 judges of election, no more than one from the same political
19 party, theretofore duly appointed and confirmed as such and
20 acting in each precinct, shall be designated by the county
21 clerk to constitute a board of registration for each
22 precinct, respectively, and each of such judges of election
23 so designated shall serve as a judge of registration therein.
24 In counties over 2,000,000 1,000,000 population town or
25 road district clerks, city or village clerks, their duly
26 authorized deputies approved by the county clerk, and
27 employees of the office of the county clerk may be appointed
28 by the county clerk as deputy registration officers.
29 Such clerks appointed as deputy registration officers may
30 accept registration of voters at their offices at any time
31 that such registrations may be accepted by the county clerk,
32 but shall not accept such registrations at any other place.
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1 Such deputy registration officers shall return any
2 registrations accepted by them to the county clerk within 7
3 days after any registration is accepted by them.
4 Registration officers, deputy registration officers and
5 judges of registration shall be officers of the court and the
6 provisions of the laws of this State as to vacancies, removal
7 and control (except as hereinafter provided), and punishment
8 in case of misbehavior of judges of election shall apply to
9 such registration officials.
10 Each registration officer including officers and judges
11 of registration shall before entering upon his duties take
12 and subscribe to the following oath or affirmation:
13 "I do solemnly swear (or affirm, as the case may be) that
14 I will support the Constitution of the United States, and the
15 Constitution of the State of Illinois, and that I will
16 faithfully discharge the duties of the office of registration
17 officer to the best of my ability, and that I will register
18 no person nor cause the registration of any person except
19 upon his personal application before me.
20 .......................................
21 (Signature of Registration Officer)"
22 This oath shall be administered by the county clerk, or by
23 one of his deputies, or by any person qualified to take
24 acknowledgments and shall immediately thereafter be filed
25 with the county clerk, except that judges of registration may
26 administer such oath or affirmation to each other and such
27 oath of office and all affidavits which have been signed and
28 sworn to before them shall be returned to the office of the
29 county clerk in an envelope provided for that purpose.
30 No registration official for a precinct or other place of
31 registration shall, without urgent necessity, absent himself
32 from the place of registration or revision of registration
33 upon any day of registration or revision of registration
34 whereby less than the number of persons necessary to conduct
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1 the registration or revision of registration shall be present
2 during such hours of registration or revision of
3 registration.
4 (Source: Laws 1968, p. 572.)
5 (10 ILCS 5/4-7) (from Ch. 46, par. 4-7)
6 Sec. 4-7. In counties having a re-registration in 1969
7 and 1970, there shall be 3 days of precinct re-registration
8 in each precinct. The first of such 3 days shall be Friday,
9 November 21, 1969; the second, Friday, December 19, 1969; and
10 the third, Tuesday, January 15, 1970. In all counties over
11 2,000,000 1,000,000 population, or in counties under
12 2,000,000 1,000,000 population if the county clerk determines
13 to have precinct registration in the county pursuant to
14 Section 4-6.1 there shall be one day of precinct registration
15 preceding each regular election on the first Tuesday after
16 the first Monday in November of even numbered years, on
17 Saturday preceding the Tuesday 6 weeks preceding the
18 election. The county board shall have authority to designate
19 2 days of registration in each precinct, in which event the
20 second day of precinct registration shall be 29 days before
21 such election. On each day of registration, the registration
22 places shall be opened at noon and remain open until 9:00
23 P.M. The provisions of Section 4-3 of this Article shall
24 apply to the selection of places of registration or
25 re-registration under this Section.
26 At least 20 days prior to a precinct registration or
27 re-registration, the county clerk shall publish a notice of
28 registration or re-registration, giving the dates, hours and
29 places of registration or re-registration, in a newspaper of
30 general circulation published in the county, if there is one,
31 or otherwise in a newspaper of general circulation in such
32 county.
33 The election authorities shall issue credentials to
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1 registration day pollwatchers in the manner and on the terms
2 prescribed in Section 17-23 with respect to pollwatchers at
3 elections. Registration day pollwatchers shall be allowed to
4 see the names and addresses of the people who have registered
5 during the course of the day.
6 No person shall, at any precinct registration or
7 reregistration, do any electioneering or soliciting of votes
8 or engage in any political discussion within any precinct
9 registration place or within 30 feet thereof. Nothing in
10 this Act shall be construed to prohibit any candidate from
11 being present in or near any precinct registration place.
12 All persons who register to vote at any precinct registration
13 place must be residents of the precinct in which they
14 register.
15 (Source: P.A. 81-1535.)
16 (10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
17 Sec. 13-2. In counties under the township organization
18 the county board shall at its meeting in May in each
19 even-numbered year except in counties containing a population
20 of 3,000,000 inhabitants or over and except when such judges
21 are appointed by election commissioners, select in each
22 election precinct in the county, 5 capable and discreet
23 persons to be judges of election who shall possess the
24 qualifications required by this Act for such judges. Where
25 neither voting machines nor electronic, mechanical or
26 electric voting systems are used, the county board may, for
27 any precinct with respect to which the board considers such
28 action necessary or desirable in view of the number of
29 voters, and shall for general elections for any precinct
30 containing more than 600 registered voters, appoint in
31 addition to the 5 judges of election a team of 5 tally
32 judges. In such precincts the judges of election shall
33 preside over the election during the hours the polls are
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1 open, and the tally judges, with the assistance of the
2 holdover judges designated pursuant to Section 13-6.2, shall
3 count the vote after the closing of the polls. The tally
4 judges shall possess the same qualifications and shall be
5 appointed in the same manner and with the same division
6 between political parties as is provided for judges of
7 election.
8 However, the county board may appoint 3 judges of
9 election to serve in lieu of the 5 judges of election
10 otherwise required by this Section to serve in any emergency
11 referendum, or in any odd-year regular election or in any
12 special primary or special election called for the purpose of
13 filling a vacancy in the office of representative in the
14 United States Congress or to nominate candidates for such
15 purpose.
16 In addition to such precinct judges, the county board
17 shall appoint special panels of 3 judges each, who shall
18 possess the same qualifications and shall be appointed in the
19 same manner and with the same division between political
20 parties as is provided for other judges of election. The
21 number of such panels of judges required shall be determined
22 by regulations of the State Board of Elections, which shall
23 base the required number of special panels on the number of
24 registered voters in the jurisdiction or the number of
25 absentee ballots voted at recent elections or any combination
26 of such factors.
27 No more than 3 persons of the same political party shall
28 be appointed judges in the same election district or
29 undivided precinct. The election of the judges of election in
30 the various election precincts shall be made in the following
31 manner: The county board shall select and approve 3 of the
32 election judges in each precinct from a certified list
33 furnished by the chairman of the County Central Committee of
34 the first leading political party in such election precinct
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1 and shall also select and approve 2 judges of election in
2 each election precinct from a certified list furnished by the
3 chairman of the County Central Committee of the second
4 leading political party in such election precinct. However,
5 if only 3 judges of election serve in each election precinct,
6 no more than 2 persons of the same political party shall be
7 judges of election in the same election precinct; and which
8 political party is entitled to 2 judges of election and which
9 political party is entitled to one judge of election shall be
10 determined in the same manner as set forth in the next two
11 preceding sentences with regard to 5 election judges in each
12 precinct. The respective County Central Committee chairman
13 shall notify the county board by June 1 of each odd-numbered
14 year immediately preceding the annual meeting of the county
15 board whether or not such certified list will be filed by
16 such chairman. Such list shall be arranged according to
17 precincts. The chairman of each county central committee
18 shall, insofar as possible, list persons who reside within
19 the precinct in which they are to serve as judges. However,
20 he may, in his sole discretion, submit the names of persons
21 who reside outside the precinct but within the county
22 embracing the precinct in which they are to serve. He must,
23 however, submit the names of at least 2 residents of the
24 precinct for each precinct in which his party is to have 3
25 judges and must submit the name of at least one resident of
26 the precinct for each precinct in which his party is to have
27 2 judges. Such certified list, if filed, shall be filed with
28 the county clerk not less than 20 days before the annual
29 meeting of the county board. The county board shall
30 acknowledge in writing to each county chairman the names of
31 all persons submitted on such certified list and the total
32 number of persons listed thereon. If no such list is filed or
33 the list is incomplete (that is, no names or an insufficient
34 number of names are furnished for certain election
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1 precincts), the county board shall make or complete such list
2 from the names contained in the supplemental list provided
3 for in Section 13-1.1. Provided, further, that in any case
4 where a township has been or shall be redistricted, in whole
5 or in part, subsequent to one general election for Governor,
6 and prior to the next, the judges of election to be selected
7 for all new or altered precincts shall be selected in that
8 one of the methods above detailed, which shall be applicable
9 according to the facts and circumstances of the particular
10 case, but the majority of such judges for each such precinct
11 shall be selected from the first leading political party, and
12 the minority judges from the second leading political party.
13 Provided, further, that in counties having a population of
14 2,000,000 1,000,000 inhabitants or over the selection of
15 judges of election shall be made in the same manner in all
16 respects as in other counties, except that the provisions
17 relating to tally judges are inapplicable to such counties
18 and except that the county board shall meet during the month
19 of January for the purpose of making such selection and the
20 chairman of each county central committee shall notify the
21 county board by the preceding October 1 whether or not the
22 certified list will be filed. Such judges of election shall
23 hold their office for 2 years from their appointment and
24 until their successors are duly appointed in the manner
25 provided in this Act. The county board shall fill all
26 vacancies in the office of judges of elections at any time in
27 the manner herein provided.
28 Such selections under this Section shall be confirmed by
29 the circuit court as provided in Section 13-3 of this
30 Article.
31 (Source: P.A. 91-352, eff. 1-1-00.)
32 (10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
33 Sec. 14-1. (a) The board of election commissioners
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1 established or existing under Article 6 shall, at the time
2 and in the manner provided in Section 14-3.1, select and
3 choose 5 persons, men or women, as judges of election for
4 each precinct in such city, village or incorporated town.
5 Where neither voting machines nor electronic, mechanical
6 or electric voting systems are used, the board of election
7 commissioners may, for any precinct with respect to which the
8 board considers such action necessary or desirable in view of
9 the number of voters, and shall for general elections for any
10 precinct containing more than 600 registered voters, appoint
11 in addition to the 5 judges of election a team of 5 tally
12 judges. In such precincts the judges of election shall
13 preside over the election during the hours the polls are
14 open, and the tally judges, with the assistance of the
15 holdover judges designated pursuant to Section 14-5.2, shall
16 count the vote after the closing of the polls. The tally
17 judges shall possess the same qualifications and shall be
18 appointed in the same manner and with the same division
19 between political parties as is provided for judges of
20 election. The foregoing provisions relating to the
21 appointment of tally judges are inapplicable in counties with
22 a population of 2,000,000 1,000,000 or more.
23 (b) To qualify as judges the persons must:
24 (1) be citizens of the United States;
25 (2) be of good repute and character;
26 (3) be able to speak, read and write the English
27 language;
28 (4) be skilled in the 4 fundamental rules of
29 arithmetic;
30 (5) be of good understanding and capable;
31 (6) not be candidates for any office at the
32 election and not be elected committeemen;
33 (7) reside and be entitled to vote in the precinct
34 in which they are selected to serve, except that in each
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1 precinct not more than one judge of each party may be
2 appointed from outside such precinct. Any judge so
3 appointed to serve in any precinct in which he is not
4 entitled to vote must be entitled to vote elsewhere
5 within the county which encompasses the precinct in which
6 such judge is appointed and such judge must otherwise
7 meet the qualifications of this Section.
8 (c) An election authority may establish a program to
9 permit a person who is not entitled to vote to be appointed
10 as an election judge if, as of the date of the election at
11 which the person serves as a judge, he or she:
12 (1) is a U.S. citizen;
13 (2) is a senior in good standing enrolled in a
14 public or private secondary school;
15 (3) has a cumulative grade point average equivalent
16 to at least 3.0 on a 4.0 scale;
17 (4) has the written approval of the principal of
18 the secondary school he or she attends at the time of
19 appointment;
20 (5) has the written approval of his or her parent
21 or legal guardian;
22 (6) has satisfactorily completed the training
23 course for judges of election described in Sections
24 13-2.1, 13-2.2, and 14-4.1; and
25 (7) meets all other qualifications for appointment
26 and service as an election judge.
27 No more than one election judge qualifying under this
28 subsection may serve per political party per precinct. Prior
29 to appointment, a judge qualifying under this subsection must
30 certify in writing to the election authority the political
31 party the judge chooses to affiliate with.
32 Students appointed as election judges under this
33 subsection shall not be counted as absent from school on the
34 day they serve as judges.
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1 (d) The board of election commissioners may select 2
2 additional judges of election, one from each of the major
3 political parties, for each 200 voters in excess of 600 in
4 any precinct having more than 600 voters as authorized by
5 Section 11--3. These additional judges must meet the
6 qualifications prescribed in this Section.
7 (Source: P.A. 91-352, eff. 1-1-00.)
8 (10 ILCS 5/17-32) (from Ch. 46, par. 17-32)
9 Sec. 17-32. (1) The following shall be added together to
10 determine the total costs and expenses of an emergency
11 referendum or special election not conducted at the time of a
12 regular election reimbursed to the county or municipality
13 under the jurisdiction of a board of election commissioners
14 by the political subdivisions:
15 (a) The cost of printing and distributing ballots and
16 other printed material used in or for the election;
17 (b) The amounts paid to judges of election for election
18 day duties;
19 (c) Extra office expenses of the election authority,
20 including (i) postage and (ii) compensation to temporary
21 employees which are directly attributable to election day and
22 the canvass of the votes of political subdivision candidates
23 and propositions, whenever applicable;
24 (d) The cost of election day supplies used in the
25 election;
26 (e) The cost of delivery and return of election day
27 materials and supplies, including voting machines and voting
28 devices used in connection with an electronic voting system;
29 and
30 (f) The cost of renting polling places, computers and
31 any other property, the use of which is directly attributable
32 to election day activities.
33 (2) Any county of more than 2,000,000 1,000,000
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1 inhabitants in which there is a municipal board of election
2 commissioners shall reimburse that board for, or shall pay
3 directly, the cost items hereinafter specified incurred by
4 that board in relation to the territory within its
5 jurisdiction for each general primary and general election
6 and for any other election where such cost items are incurred
7 or increased as a result of the certification of candidates
8 or public questions by the county clerk to such board:
9 (a) The cost of printing and distributing ballots;
10 (b) The amounts paid to judges of election for election
11 day duties;
12 (c) Costs attributable to the canvass of votes;
13 (d) The cost of delivery and return of election day
14 materials and supplies, including voting devices and
15 equipment used in conjunction with an electronic voting
16 system; and
17 (e) The cost of renting polling places, computers, and
18 other property, the use of which is directly attributable to
19 election day activities.
20 However, the State shall pay the amount of the increase
21 in compensation for judges of election, registrars and
22 canvassers provided in Public Acts 81-850 and 81-1149.
23 (Source: P.A. 83-999.)
24 Section 20. The Department of Central Management
25 Services Law is amended by changing Section 405-315 as
26 follows:
27 (20 ILCS 405/405-315) (was 20 ILCS 405/67.24)
28 Sec. 405-315. Management of State buildings; security
29 force; fees.
30 (a) To manage, operate, maintain, and preserve from
31 waste the State buildings listed below. The Department may
32 rent portions of these and other State buildings when in the
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1 judgment of the Director those leases will be in the best
2 interests of the State. The leases shall not exceed 5 years
3 unless a greater term is specifically authorized.
4 a. Peoria Regional Office Building
5 5415 North University
6 Peoria, Illinois 61614
7 b. Springfield Regional Office Building
8 4500 South 6th Street
9 Springfield, Illinois 62703
10 c. Champaign Regional Office Building
11 2125 South 1st Street
12 Champaign, Illinois 61820
13 d. Illinois State Armory Building
14 124 East Adams
15 Springfield, Illinois 62706
16 e. Marion Regional Office Building
17 2209 West Main Street
18 Marion, Illinois 62959
19 f. Kenneth Hall Regional State Office
20 Building
21 #10 Collinsville Avenue
22 East St. Louis, Illinois 62201
23 g. Rockford Regional Office Building
24 4402 North Main Street
25 P.O. Box 915
26 Rockford, Illinois 61105
27 h. State of Illinois Building
28 160 North LaSalle
29 Chicago, Illinois 60601
30 i. Office and Laboratory Building
31 2121 West Taylor Street
32 Chicago, Illinois 60602
33 j. Central Computer Facility
34 201 West Adams
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1 Springfield, Illinois 62706
2 k. Elgin Office Building
3 595 South State Street
4 Elgin, Illinois 60120
5 l. James R. Thompson Center
6 Bounded by Lake, Clark, Randolph and
7 LaSalle Streets
8 Chicago, Illinois
9 m. The following buildings located within the Chicago
10 Medical Center District:
11 1. Lawndale Day Care Center
12 2929 West 19th Street
13 2. Edwards Center
14 2020 Roosevelt Road
15 3. Illinois Center for
16 Rehabilitation and Education
17 1950 West Roosevelt Road and 1151 South Wood Street
18 4. Department of Children and
19 Family Services District Office
20 1026 South Damen
21 5. The William Heally School
22 1731 West Taylor
23 6. Administrative Office Building
24 1100 South Paulina Street
25 7. Metro Children and Adolescents Center
26 1601 West Taylor Street
27 n. E.J. "Zeke" Giorgi Center
28 200 Wyman Street
29 Rockford, Illinois
30 o. Suburban North Facility
31 9511 Harrison
32 Des Plaines, Illinois
33 p. The following buildings located within the Revenue
34 Center in Springfield:
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1 1. State Property Control Warehouse
2 11th & Ash
3 2. Illinois State Museum Research & Collections
4 Center
5 1011 East Ash Street
6 q. Effingham Regional Office Building
7 401 Industrial Drive
8 Effingham, Illinois
9 Portions or all of the basement and
10 ground floor of the
11 State of Illinois Building
12 160 North LaSalle
13 Chicago, Illinois 60601
14 may be leased to persons, firms, partnerships, associations,
15 or individuals for terms not to exceed 15 years when in the
16 judgment of the Director those leases will be in the best
17 interests of the State.
18 Portions or all of the commercial space, which includes
19 the sub-basement, storage mezzanine, concourse, and ground
20 and second floors of the
21 James R. Thompson Center
22 Bounded by Lake, Clark, Randolph and LaSalle Streets
23 Chicago, Illinois
24 may be leased to persons, firms, partnerships, associations,
25 or individuals for terms not to exceed 15 years subject to
26 renewals when in the judgment of the Director those leases
27 will be in the best interests of the State.
28 The Director is authorized to rent portions of the above
29 described facilities to persons, firms, partnerships,
30 associations, or individuals for terms not to exceed 30 days
31 when those leases will not interfere with State usage of the
32 facility. This authority is meant to supplement and shall not
33 in any way be interpreted to restrict the Director's ability
34 to make portions of the State of Illinois Building and the
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1 James R. Thompson Center available for long-term commercial
2 leases.
3 Provided however, that all rentals or fees charged to
4 persons, firms, partnerships, associations, or individuals
5 for any lease or use of space in the above described
6 facilities made for terms not to exceed 30 days in length
7 shall be deposited in a special fund in the State treasury to
8 be known as the Special Events Revolving Fund.
9 Notwithstanding the provisions above, the Department of
10 Children and Family Services and the Department of Human
11 Services (as successor to the Department of Rehabilitation
12 Services and the Department of Mental Health and
13 Developmental Disabilities) shall determine the allocation of
14 space for direct recipient care in their respective
15 facilities. The Department of Central Management Services
16 shall consult with the affected agency in the allocation and
17 lease of surplus space in these facilities. Potential lease
18 arrangements shall not endanger the direct recipient care
19 responsibilities in these facilities.
20 (b) To appoint, subject to the Personnel Code, persons
21 to be members of a police and security force. Members of the
22 security force shall be peace officers when performing duties
23 pursuant to this Section and as such shall have all of the
24 powers possessed by policemen in cities and sheriffs,
25 including the power to make arrests on view or issue
26 citations for violations of State statutes or city or county
27 ordinances, except that in counties of more than 2,000,000
28 1,000,000 population, any powers created by this subsection
29 shall be exercised only (i) when necessary to protect the
30 property, personnel, or interests of the Department or any
31 State agency for whom the Department manages, operates, or
32 maintains property or (ii) when specifically requested by
33 appropriate State or local law enforcement officials, and
34 except that within counties of 2,000,000 1,000,000 or less
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1 population, these powers shall be exercised only when
2 necessary to protect the property, personnel, or interests of
3 the State of Illinois and only while on property managed,
4 operated, or maintained by the Department.
5 Nothing in this subsection shall be construed so as to
6 make it conflict with any provisions of, or rules promulgated
7 under, the Personnel Code.
8 (c) To charge reasonable fees to all State agencies
9 utilizing facilities operated by the Department for occupancy
10 related fees and charges. All fees collected under this
11 subsection shall be deposited in a special fund in the State
12 treasury known as the Facilities Management Revolving Fund.
13 As used in this subsection, the term "State agencies" means
14 all departments, officers, commissions, institutions, boards,
15 and bodies politic and corporate of the State.
16 (Source: P.A. 91-239, eff. 1-1-00.)
17 Section 25. The Illinois Promotion Act is amended by
18 changing Section 8 as follows:
19 (20 ILCS 665/8) (from Ch. 127, par. 200-28)
20 Sec. 8. Allocation of appropriations.
21 (1) Amounts transferred under subsection (1) of Section
22 4a that are appropriated from the Tourism Promotion Fund to
23 the Department for the purpose of making grants under
24 Sections 5 and 6 of this Act shall be allocated by the
25 Department as follows:
26 (a) 62.5% to local promotion groups,
27 municipalities, and counties not wholly or partially
28 within any county of more than 2,000,000 1 million
29 population;
30 (b) 37.5% to local promotion groups,
31 municipalities, and counties wholly or partially within
32 any county of more than 2,000,000 1 million population.
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1 However, if sufficient local funds cannot be raised to
2 match the allocation made under either paragraph (a) or (b)
3 of this subsection, such appropriations may be reallocated,
4 in whole or in part, to any applicant or applicants able to
5 qualify for a grant or may be used by the Department to
6 promote the tourist attractions of the State of Illinois as a
7 whole.
8 (2) Amounts transferred under subsection (1) of Section
9 4a that are appropriated from the Tourism Promotion Fund to
10 the Department for the purpose of making grants under
11 Sections 5 and 6 of this Act to match funds from the private
12 sector may be used by the Department in any county of this
13 State.
14 (Source: P.A. 90-26, eff. 7-1-97.)
15 Section 30. The Military Code of Illinois is amended by
16 changing Section 22-2 as follows:
17 (20 ILCS 1805/22-2) (from Ch. 129, par. 220.22-2)
18 Sec. 22-2. The Adjutant General shall have the power and
19 authority to sell, at a fair market price, Illinois National
20 Guard armories and lands under his jurisdiction when in his
21 judgment such armories and lands are obsolete, inadequate,
22 unusable or no longer required for Illinois National Guard
23 purposes. All such sales shall be subject to the written
24 approval of the Governor. Where the sale price of the armory
25 exceeds 3.5 million dollars, and the armory is located in any
26 county with a population of 2,000,000 l million or more, the
27 authorization of the General Assembly will be required for
28 the sale of such armory.
29 (Source: P.A. 83-899.)
30 Section 35. The Agricultural Fair Act is amended by
31 changing Sections 17, 18, 19, and 21 as follows:
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1 (30 ILCS 120/17) (from Ch. 85, par. 667)
2 Sec. 17. Any county fair eligible to participate in
3 appropriations made from the Agricultural Premium Fund,
4 except in counties of more than 600,000 but less than
5 2,000,000 1,000,000 inhabitants, may elect instead in any odd
6 numbered year to participate in the appropriation from the
7 Fair and Exposition Fund. The Department must be notified of
8 such election by January 1 of the year of participation in
9 that fund. Any such election shall be binding for 4 calendar
10 years. No county fair shall participate for the same calendar
11 year in appropriations under both this Fund and the
12 Agricultural Premium Fund.
13 In counties with more than 600,000 but less than
14 2,000,000 1,000,000 inhabitants, there shall be created a
15 Fair and Exposition Authority for purposes of participating
16 in the appropriation from the Fair and Exposition Fund. The
17 Fair and Exposition Authority shall consist of 7 members
18 appointed by the county board chairman with the advice and
19 consent of the county board.
20 (Source: P.A. 87-1219.)
21 (30 ILCS 120/18) (from Ch. 85, par. 668)
22 Sec. 18. Money shall be paid into the Fair and
23 Exposition Fund by the Illinois Racing Board, as provided in
24 Section 28 of the Illinois Horse Racing Act of 1975. The
25 General Assembly shall from time to time make appropriations
26 payable from such fund to the Department for distribution to
27 county fairs in counties having a population of less than
28 600,000 and to any Fair and Exposition Authority in counties
29 with a population of more than 600,000 but less than
30 2,000,000 1,000,000 inhabitants. Such appropriations shall be
31 distributed by the Department to county fairs which are
32 eligible to participate in appropriations made from the
33 Agricultural Premium Fund but which elect instead to
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1 participate in appropriations made from the Fair and
2 Exposition Fund and to Fair and Exposition Authorities in
3 counties having a population of more than 600,000 but less
4 than 2,000,000 1,000,000 inhabitants. If a county has more
5 than one county fair, such fairs shall jointly elect to
6 participate either in appropriations made from the
7 Agricultural Premium Fund or in appropriations made from the
8 Fair and Exposition Fund. All participating county fairs of
9 the same county shall participate in the same appropriation.
10 A participant, to be eligible to receive appropriations from
11 the Fair and Exposition Fund must hold the land on which such
12 fair or exposition is to be conducted as a fee or under a
13 lease of at least 20 years duration, except counties with
14 more than 600,000 but less than 2,000,000 1,000,000
15 inhabitants where the participant shall be the Fair and
16 Exposition Authority. Before receiving a distribution of
17 monies from the fund, the treasurer or other financial
18 officer of a participant shall file with the Director a penal
19 bond in an amount equaling the sums to be distributed, and
20 conditioned upon the lawful expenditure of the money so
21 distributed. The cost of such bond may be paid from such
22 money.
23 (Source: P.A. 87-1219.)
24 (30 ILCS 120/19) (from Ch. 85, par. 669)
25 Sec. 19. Each county fair or Fair and Exposition
26 Authority in counties having a population of more than
27 600,000 but less than 2,000,000 1,000,000 inhabitants shall
28 receive that proportion of the total amount appropriated for
29 distribution from the Fair and Exposition Fund as the
30 population of such county bears to the total population of
31 all counties having fairs or in counties of more than 600,000
32 but less than 2,000,000 1,000,000 inhabitants having a Fair
33 and Exposition Authority participating in such appropriation.
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1 In the event a county has more than one fair participating in
2 such appropriation, that county's share shall be divided
3 equally among them.
4 (Source: P.A. 87-1219.)
5 (30 ILCS 120/21) (from Ch. 85, par. 671)
6 Sec. 21. Before any money is distributed to any
7 participant under the Fair and Exposition Fund the
8 participant shall file with the Director a schedule, showing
9 in detail the purposes for which State appropriated funds are
10 to be spent, including plans and specifications for any
11 buildings or exhibits. At the end of the calendar year
12 following such distribution, each participant receiving any
13 money from this Fund shall make an accounting of it to the
14 Director. Unless otherwise granted authorization, in writing,
15 by the Director, any county fair receiving money from an
16 appropriation from the Fair and Exposition Fund must spend
17 the money during the calendar year in which it was received;
18 any money received and not spent during the calendar year or
19 spent for a different purpose than for which it was received
20 shall be repaid to the Department for deposit in the Fair and
21 Exposition Fund. The Department may promulgate rules and
22 regulations permitting participants to invest such funds
23 prior to use; interest or dividends earned from such
24 investments shall accrue to the participants subject to the
25 same conditions as the funds appropriated. Any county fair
26 or Fair and Exposition Authority in counties of more than
27 600,000 but less than 2,000,000 1,000,000 inhabitants which
28 has participated or shall participate in the Fair and
29 Exposition Fund must make an accounting at the end of the
30 calendar or fiscal year, as the case may be, to the Director
31 of any monies received or derived from any use or usage of
32 fair and exposition buildings and the money must remain in
33 the participants' fair and exposition fund or, in the case of
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1 a Fair and Exposition Authority in counties of more than
2 600,000 but less than 2,000,000 1,000,000 inhabitants, in the
3 Authority's revenue fund, and show expenditure for such
4 purposes as maintaining fair and exposition buildings and for
5 other specific purposes as set forth in this Act. Failure to
6 comply with any of the provisions of this Section shall bar a
7 participant from any further distribution of money under this
8 Act.
9 In counties of more than 600,000 but less than 2,000,000
10 1,000,000 inhabitants, the county fair association shall
11 submit an annual budget to the Fair and Exposition Authority
12 by October 1 of each calendar year for purposes of
13 appropriating monies for the annual county fair and 4-H
14 exhibitions. The Fair and Exposition Authority shall
15 appropriate monies on an annual basis for purposes of
16 operating and maintaining an annual county fair and 4-H
17 exhibitions. The Fair and Exposition Authority shall
18 establish audit standards for the operation of the county
19 fair.
20 (Source: P.A. 87-1219.)
21 Section 40. The Property Tax Code is amended by
22 changing Section 3-40 as follows:
23 (35 ILCS 200/3-40)
24 Sec. 3-40. Compensation of supervisors of assessments.
25 (a) A supervisor of assessments shall receive annual
26 compensation in an amount fixed by the county board subject
27 to the following minimum amounts:
28 In counties with less than 14,000 inhabitants, not
29 less than $7,500;
30 In counties with 14,000 or more but less than 30,000
31 inhabitants, not less than $8,000;
32 In counties with 30,000 or more but less than 60,000
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1 inhabitants, not less than $9,000;
2 In counties with 60,000 or more but less than
3 100,000 inhabitants, not less than $10,000;
4 In counties with 100,000 or more but less than
5 200,000 inhabitants, not less than $11,500;
6 In counties with 200,000 or more but less than
7 300,000 inhabitants, not less than $13,000;
8 In counties with 300,000 or more but less than
9 2,000,000 1,000,000 inhabitants, not less than $15,000.
10 For purposes of this subsection, the number of inhabitants
11 shall be determined by the latest Federal decennial or
12 special census of the county.
13 (b) Elected supervisors of assessments who began a term
14 of office before December 1, 1990 shall be compensated at the
15 rate of their base salary. "Base salary" is the compensation
16 paid for their position before July 1, 1989.
17 (c) Elected supervisors of assessments beginning a term
18 of office on or after December 1, 1990 shall, beginning
19 December 1, 1993, receive their base salary plus at least 12%
20 of base salary.
21 Any supervisor of assessments who has been presented a
22 Certified Assessing Evaluator Certificate by the
23 International Association of Assessing Officers shall receive
24 an additional compensation of $500 per year to be paid out of
25 funds appropriated to the Department.
26 The salary set by the county board shall be paid in equal
27 monthly installments out of the treasury of the county in
28 which he or she is appointed or elected. If the Department
29 has determined that the total assessed value of property in a
30 county, as equalized by the supervisor of assessments under
31 Section 9-210, is between 31 1/3% and 35 1/3% of the total
32 fair cash value of property in the county, the State of
33 Illinois shall reimburse the county monthly from the State
34 treasury 50% of the amount of salary the county paid to the
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1 officer for the preceding month.
2 The county board shall provide necessary office space for
3 the officer and pay all necessary expenses of the office out
4 of the county treasury.
5 Each supervisor of assessments may, with the advice and
6 consent of the county board, appoint necessary deputies and
7 clerks, their compensation to be fixed by the county board
8 and paid by the county.
9 (Source: P.A. 86-482; 86-1475; 88-455.)
10 Section 45. The Motor Fuel Tax Law is amended by
11 changing Section 8 as follows:
12 (35 ILCS 505/8) (from Ch. 120, par. 424)
13 Sec. 8. Except as provided in Sections 8a and 13a.6 and
14 items 13, 14, 15, and 16 of Section 15, all money received by
15 the Department under this Act, including payments made to the
16 Department by member jurisdictions participating in the
17 International Fuel Tax Agreement, shall be deposited in a
18 special fund in the State treasury, to be known as the "Motor
19 Fuel Tax Fund", and shall be used as follows:
20 (a) 2 1/2 cents per gallon of the tax collected on
21 special fuel under paragraph (b) of Section 2 and Section 13a
22 of this Act shall be transferred to the State Construction
23 Account Fund in the State Treasury;
24 (b) $420,000 shall be transferred each month to the
25 State Boating Act Fund to be used by the Department of
26 Natural Resources for the purposes specified in Article X of
27 the Boat Registration and Safety Act;
28 (c) $2,250,000 shall be transferred each month to the
29 Grade Crossing Protection Fund to be used as follows: not
30 less than $6,000,000 each fiscal year shall be used for the
31 construction or reconstruction of rail highway grade
32 separation structures; beginning with fiscal year 1997 and
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1 ending in fiscal year 2003, $1,500,000, and $750,000 in
2 fiscal year 2004 and each fiscal year thereafter shall be
3 transferred to the Transportation Regulatory Fund and shall
4 be accounted for as part of the rail carrier portion of such
5 funds and shall be used to pay the cost of administration of
6 the Illinois Commerce Commission's railroad safety program in
7 connection with its duties under subsection (3) of Section
8 18c-7401 of the Illinois Vehicle Code, with the remainder to
9 be used by the Department of Transportation upon order of the
10 Illinois Commerce Commission, to pay that part of the cost
11 apportioned by such Commission to the State to cover the
12 interest of the public in the use of highways, roads or
13 streets in the county highway system, township and district
14 road system or municipal street system as defined in the
15 Illinois Highway Code, as the same may from time to time be
16 amended, for separation of grades, for installation,
17 construction or reconstruction of crossing protection or
18 reconstruction, alteration, relocation including construction
19 or improvement of any existing highway necessary for access
20 to property or improvement of any grade crossing including
21 the necessary highway approaches thereto of any railroad
22 across the highway or public road, as provided for in and in
23 accordance with Section 18c-7401 of the Illinois Vehicle
24 Code. In entering orders for projects for which payments
25 from the Grade Crossing Protection Fund will be made, the
26 Commission shall account for expenditures authorized by the
27 orders on a cash rather than an accrual basis. For purposes
28 of this requirement an "accrual basis" assumes that the total
29 cost of the project is expended in the fiscal year in which
30 the order is entered, while a "cash basis" allocates the cost
31 of the project among fiscal years as expenditures are
32 actually made. To meet the requirements of this subsection,
33 the Illinois Commerce Commission shall develop annual and
34 5-year project plans of rail crossing capital improvements
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1 that will be paid for with moneys from the Grade Crossing
2 Protection Fund. The annual project plan shall identify
3 projects for the succeeding fiscal year and the 5-year
4 project plan shall identify projects for the 5 directly
5 succeeding fiscal years. The Commission shall submit the
6 annual and 5-year project plans for this Fund to the
7 Governor, the President of the Senate, the Senate Minority
8 Leader, the Speaker of the House of Representatives, and the
9 Minority Leader of the House of Representatives on the first
10 Wednesday in April of each year;
11 (d) of the amount remaining after allocations provided
12 for in subsections (a), (b) and (c), a sufficient amount
13 shall be reserved to pay all of the following:
14 (1) the costs of the Department of Revenue in
15 administering this Act;
16 (2) the costs of the Department of Transportation
17 in performing its duties imposed by the Illinois Highway
18 Code for supervising the use of motor fuel tax funds
19 apportioned to municipalities, counties and road
20 districts;
21 (3) refunds provided for in Section 13 of this Act
22 and under the terms of the International Fuel Tax
23 Agreement referenced in Section 14a;
24 (4) from October 1, 1985 until June 30, 1994, the
25 administration of the Vehicle Emissions Inspection Law,
26 which amount shall be certified monthly by the
27 Environmental Protection Agency to the State Comptroller
28 and shall promptly be transferred by the State
29 Comptroller and Treasurer from the Motor Fuel Tax Fund to
30 the Vehicle Inspection Fund, and beginning July 1, 1994,
31 and until December 31, 2000, one-twelfth of $25,000,000
32 each month for the administration of the Vehicle
33 Emissions Inspection Law of 1995, to be transferred by
34 the State Comptroller and Treasurer from the Motor Fuel
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1 Tax Fund into the Vehicle Inspection Fund;
2 (5) amounts ordered paid by the Court of Claims;
3 and
4 (6) payment of motor fuel use taxes due to member
5 jurisdictions under the terms of the International Fuel
6 Tax Agreement. The Department shall certify these
7 amounts to the Comptroller by the 15th day of each month;
8 the Comptroller shall cause orders to be drawn for such
9 amounts, and the Treasurer shall administer those amounts
10 on or before the last day of each month;
11 (e) after allocations for the purposes set forth in
12 subsections (a), (b), (c) and (d), the remaining amount shall
13 be apportioned as follows:
14 (1) Until January 1, 2000, 58.4%, and beginning
15 January 1, 2000, 45.6% shall be deposited as follows:
16 (A) 37% into the State Construction Account
17 Fund, and
18 (B) 63% into the Road Fund, $1,250,000 of
19 which shall be reserved each month for the
20 Department of Transportation to be used in
21 accordance with the provisions of Sections 6-901
22 through 6-906 of the Illinois Highway Code;
23 (2) Until January 1, 2000, 41.6%, and beginning
24 January 1, 2000, 54.4% shall be transferred to the
25 Department of Transportation to be distributed as
26 follows:
27 (A) 49.10% to the municipalities of the State,
28 (B) 16.74% to the counties of the State having
29 2,000,000 1,000,000 or more inhabitants,
30 (C) 18.27% to the counties of the State having
31 less than 2,000,000 1,000,000 inhabitants,
32 (D) 15.89% to the road districts of the State.
33 As soon as may be after the first day of each month the
34 Department of Transportation shall allot to each municipality
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1 its share of the amount apportioned to the several
2 municipalities which shall be in proportion to the population
3 of such municipalities as determined by the last preceding
4 municipal census if conducted by the Federal Government or
5 Federal census. If territory is annexed to any municipality
6 subsequent to the time of the last preceding census the
7 corporate authorities of such municipality may cause a census
8 to be taken of such annexed territory and the population so
9 ascertained for such territory shall be added to the
10 population of the municipality as determined by the last
11 preceding census for the purpose of determining the allotment
12 for that municipality. If the population of any municipality
13 was not determined by the last Federal census preceding any
14 apportionment, the apportionment to such municipality shall
15 be in accordance with any census taken by such municipality.
16 Any municipal census used in accordance with this Section
17 shall be certified to the Department of Transportation by the
18 clerk of such municipality, and the accuracy thereof shall be
19 subject to approval of the Department which may make such
20 corrections as it ascertains to be necessary.
21 As soon as may be after the first day of each month the
22 Department of Transportation shall allot to each county its
23 share of the amount apportioned to the several counties of
24 the State as herein provided. Each allotment to the several
25 counties having less than 2,000,000 1,000,000 inhabitants
26 shall be in proportion to the amount of motor vehicle license
27 fees received from the residents of such counties,
28 respectively, during the preceding calendar year. The
29 Secretary of State shall, on or before April 15 of each year,
30 transmit to the Department of Transportation a full and
31 complete report showing the amount of motor vehicle license
32 fees received from the residents of each county,
33 respectively, during the preceding calendar year. The
34 Department of Transportation shall, each month, use for
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1 allotment purposes the last such report received from the
2 Secretary of State.
3 As soon as may be after the first day of each month, the
4 Department of Transportation shall allot to the several
5 counties their share of the amount apportioned for the use of
6 road districts. The allotment shall be apportioned among the
7 several counties in the State in the proportion which the
8 total mileage of township or district roads in the respective
9 counties bears to the total mileage of all township and
10 district roads in the State. Funds allotted to the respective
11 counties for the use of road districts therein shall be
12 allocated to the several road districts in the county in the
13 proportion which the total mileage of such township or
14 district roads in the respective road districts bears to the
15 total mileage of all such township or district roads in the
16 county. After July 1 of any year, no allocation shall be
17 made for any road district unless it levied a tax for road
18 and bridge purposes in an amount which will require the
19 extension of such tax against the taxable property in any
20 such road district at a rate of not less than either .08% of
21 the value thereof, based upon the assessment for the year
22 immediately prior to the year in which such tax was levied
23 and as equalized by the Department of Revenue or, in DuPage
24 County, an amount equal to or greater than $12,000 per mile
25 of road under the jurisdiction of the road district,
26 whichever is less. If any road district has levied a special
27 tax for road purposes pursuant to Sections 6-601, 6-602 and
28 6-603 of the Illinois Highway Code, and such tax was levied
29 in an amount which would require extension at a rate of not
30 less than .08% of the value of the taxable property thereof,
31 as equalized or assessed by the Department of Revenue, or, in
32 DuPage County, an amount equal to or greater than $12,000 per
33 mile of road under the jurisdiction of the road district,
34 whichever is less, such levy shall, however, be deemed a
-35- LRB9109070DJcd
1 proper compliance with this Section and shall qualify such
2 road district for an allotment under this Section. If a
3 township has transferred to the road and bridge fund money
4 which, when added to the amount of any tax levy of the road
5 district would be the equivalent of a tax levy requiring
6 extension at a rate of at least .08%, or, in DuPage County,
7 an amount equal to or greater than $12,000 per mile of road
8 under the jurisdiction of the road district, whichever is
9 less, such transfer, together with any such tax levy, shall
10 be deemed a proper compliance with this Section and shall
11 qualify the road district for an allotment under this
12 Section.
13 In counties in which a property tax extension limitation
14 is imposed under the Property Tax Extension Limitation Law,
15 road districts may retain their entitlement to a motor fuel
16 tax allotment if, at the time the property tax extension
17 limitation was imposed, the road district was levying a road
18 and bridge tax at a rate sufficient to entitle it to a motor
19 fuel tax allotment and continues to levy the maximum
20 allowable amount after the imposition of the property tax
21 extension limitation. Any road district may in all
22 circumstances retain its entitlement to a motor fuel tax
23 allotment if it levied a road and bridge tax in an amount
24 that will require the extension of the tax against the
25 taxable property in the road district at a rate of not less
26 than 0.08% of the assessed value of the property, based upon
27 the assessment for the year immediately preceding the year in
28 which the tax was levied and as equalized by the Department
29 of Revenue or, in DuPage County, an amount equal to or
30 greater than $12,000 per mile of road under the jurisdiction
31 of the road district, whichever is less.
32 As used in this Section the term "road district" means
33 any road district, including a county unit road district,
34 provided for by the Illinois Highway Code; and the term
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1 "township or district road" means any road in the township
2 and district road system as defined in the Illinois Highway
3 Code. For the purposes of this Section, "road district" also
4 includes park districts, forest preserve districts and
5 conservation districts organized under Illinois law and
6 "township or district road" also includes such roads as are
7 maintained by park districts, forest preserve districts and
8 conservation districts. The Department of Transportation
9 shall determine the mileage of all township and district
10 roads for the purposes of making allotments and allocations
11 of motor fuel tax funds for use in road districts.
12 Payment of motor fuel tax moneys to municipalities and
13 counties shall be made as soon as possible after the
14 allotment is made. The treasurer of the municipality or
15 county may invest these funds until their use is required and
16 the interest earned by these investments shall be limited to
17 the same uses as the principal funds.
18 (Source: P.A. 90-110, eff. 7-14-97; 90-655, eff. 7-30-98;
19 90-659, eff. 1-1-99; 90-691, eff. 1-1-99; 91-37, eff. 7-1-99;
20 91-59, eff. 6-30-99; 91-173, eff. 1-1-00; 91-357, eff.
21 7-29-99; revised 8-23-99.)
22 Section 50. The Illinois Pension Code is amended by
23 changing Sections 7-132 and 7-132.2 as follows:
24 (40 ILCS 5/7-132) (from Ch. 108 1/2, par. 7-132)
25 Sec. 7-132. Municipalities, instrumentalities and
26 participating instrumentalities included and effective dates.
27 (A) Municipalities and their instrumentalities.
28 (a) The following described municipalities, but not
29 including any with more than 1,000,000 inhabitants, and the
30 instrumentalities thereof, shall be included within and be
31 subject to this Article beginning upon the effective dates
32 specified by the Board:
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1 (1) Except as to the municipalities and
2 instrumentalities thereof specifically excluded under
3 this Article, every county shall be subject to this
4 Article, and all cities, villages and incorporated towns
5 having a population in excess of 5,000 inhabitants as
6 determined by the last preceding decennial or subsequent
7 federal census, shall be subject to this Article
8 following publication of the census by the Bureau of the
9 Census. Within 90 days after publication of the census,
10 the Board shall notify any municipality that has become
11 subject to this Article as a result of that census, and
12 shall provide information to the corporate authorities of
13 the municipality explaining the duties and consequences
14 of participation. The notification shall also include a
15 proposed date upon which participation by the
16 municipality will commence.
17 However, for any city, village or incorporated town
18 that attains a population over 5,000 inhabitants after
19 having provided social security coverage for its
20 employees under the Social Security Enabling Act,
21 participation under this Article shall not be mandatory
22 but may be elected in accordance with subparagraph (3) or
23 (4) of this paragraph (a), whichever is applicable.
24 (2) School districts, other than those specifically
25 excluded under this Article, shall be subject to this
26 Article, without election, with respect to all employees
27 thereof.
28 (3) Towns and all other bodies politic and
29 corporate which are formed by vote of, or are subject to
30 control by, the electors in towns and are located in
31 towns which are not participating municipalities on the
32 effective date of this Act, may become subject to this
33 Article by election pursuant to Section 7-132.1.
34 (4) Any other municipality (together with its
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1 instrumentalities), other than those specifically
2 excluded from participation and those described in
3 paragraph (3) above, may elect to be included either by
4 referendum under Section 7-134 or by the adoption of a
5 resolution or ordinance by its governing body. A copy of
6 such resolution or ordinance duly authenticated and
7 certified by the clerk of the municipality or other
8 appropriate official of its governing body shall
9 constitute the required notice to the board of such
10 action.
11 (b) A municipality that is about to begin participation
12 shall submit to the Board an application to participate, in a
13 form acceptable to the Board, not later than 90 days prior to
14 the proposed effective date of participation. The Board
15 shall act upon the application within 90 days, and if it
16 finds that the application is in conformity with its
17 requirements and the requirements of this Article,
18 participation by the applicant shall commence on a date
19 acceptable to the municipality and specified by the Board,
20 but in no event more than one year from the date of
21 application.
22 (c) A participating municipality which succeeds to the
23 functions of a participating municipality which is dissolved
24 or terminates its existence shall assume and be transferred
25 the net accumulation balance in the municipality reserve and
26 the municipality account receivable balance of the terminated
27 municipality.
28 (d) In the case of a Veterans Assistance Commission
29 whose employees were being treated by the Fund on January 1,
30 1990 as employees of the county served by the Commission, the
31 Fund may continue to treat the employees of the Veterans
32 Assistance Commission as county employees for the purposes of
33 this Article, unless the Commission becomes a participating
34 instrumentality in accordance with subsection (B) of this
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1 Section.
2 (B) Participating instrumentalities.
3 (a) The participating instrumentalities designated in
4 paragraph (b) of this subsection shall be included within and
5 be subject to this Article if:
6 (1) an application to participate, in a form
7 acceptable to the Board and adopted by a two-thirds vote
8 of the governing body, is presented to the Board not
9 later than 90 days prior to the proposed effective date;
10 and
11 (2) the Board finds that the application is in
12 conformity with its requirements, that the applicant has
13 reasonable expectation to continue as a political entity
14 for a period of at least 10 years and has the prospective
15 financial capacity to meet its current and future
16 obligations to the Fund, and that the actuarial soundness
17 of the Fund may be reasonably expected to be unimpaired
18 by approval of participation by the applicant.
19 The Board shall notify the applicant of its findings
20 within 90 days after receiving the application, and if the
21 Board approves the application, participation by the
22 applicant shall commence on the effective date specified by
23 the Board.
24 (b) The following participating instrumentalities, so
25 long as they meet the requirements of Section 7-108 and the
26 area served by them or within their jurisdiction is not
27 located entirely within a municipality having more than one
28 million inhabitants, may be included hereunder:
29 i. Township School District Trustees.
30 ii. Multiple County and Consolidated Health
31 Departments created under Division 5-25 of the Counties
32 Code or its predecessor law.
33 iii. Public Building Commissions created under the
34 Public Building Commission Act, and located in counties
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1 of less than 2,000,000 1,000,000 inhabitants.
2 iv. A multitype, consolidated or cooperative
3 library system created under the Illinois Library System
4 Act. Any library system created under the Illinois
5 Library System Act that has one or more predecessors that
6 participated in the Fund may participate in the Fund upon
7 application. The Board shall establish procedures for
8 implementing the transfer of rights and obligations from
9 the predecessor system to the successor system.
10 v. Regional Planning Commissions created under
11 Division 5-14 of the Counties Code or its predecessor
12 law.
13 vi. Local Public Housing Authorities created under
14 the Housing Authorities Act, located in counties of less
15 than 2,000,000 1,000,000 inhabitants.
16 vii. Illinois Municipal League.
17 viii. Northeastern Illinois Metropolitan Area
18 Planning Commission.
19 ix. Southwestern Illinois Metropolitan Area
20 Planning Commission.
21 x. Illinois Association of Park Districts.
22 xi. Illinois Supervisors, County Commissioners and
23 Superintendents of Highways Association.
24 xii. Tri-City Regional Port District.
25 xiii. An association, or not-for-profit
26 corporation, membership in which is authorized under
27 Section 85-15 of the Township Code.
28 xiv. Drainage Districts operating under the
29 Illinois Drainage Code.
30 xv. Local mass transit districts created under the
31 Local Mass Transit District Act.
32 xvi. Soil and water conservation districts created
33 under the Soil and Water Conservation Districts Law.
34 xvii. Commissions created to provide water supply
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1 or sewer services or both under Division 135 or Division
2 136 of Article 11 of the Illinois Municipal Code.
3 xviii. Public water districts created under the
4 Public Water District Act.
5 xix. Veterans Assistance Commissions established
6 under Section 9 of the Military Veterans Assistance Act
7 that serve counties with a population of less than
8 1,000,000.
9 xx. The governing body of an entity, other than a
10 vocational education cooperative, created under an
11 intergovernmental cooperative agreement established
12 between participating municipalities under the
13 Intergovernmental Cooperation Act, which by the terms of
14 the agreement is the employer of the persons performing
15 services under the agreement under the usual common law
16 rules determining the employer-employee relationship.
17 The governing body of such an intergovernmental
18 cooperative entity established prior to July 1, 1988 may
19 make participation retroactive to the effective date of
20 the agreement and, if so, the effective date of
21 participation shall be the date the required application
22 is filed with the fund. If any such entity is unable to
23 pay the required employer contributions to the fund, then
24 the participating municipalities shall make payment of
25 the required contributions and the payments shall be
26 allocated as provided in the agreement or, if not so
27 provided, equally among them.
28 xxi. The Illinois Municipal Electric Agency.
29 xxii. The Waukegan Port District.
30 xxiii. The Fox Waterway Agency created under the
31 Fox Waterway Agency Act.
32 (c) The governing boards of special education joint
33 agreements created under Section 10-22.31 of the School Code
34 without designation of an administrative district shall be
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1 included within and be subject to this Article as
2 participating instrumentalities when the joint agreement
3 becomes effective. However, the governing board of any such
4 special education joint agreement in effect before September
5 5, 1975 shall not be subject to this Article unless the joint
6 agreement is modified by the school districts to provide that
7 the governing board is subject to this Article, except as
8 otherwise provided by this Section.
9 The governing board of the Special Education District of
10 Lake County shall become subject to this Article as a
11 participating instrumentality on July 1, 1997.
12 Notwithstanding subdivision (a)1 of Section 7-139, on the
13 effective date of participation, employees of the governing
14 board of the Special Education District of Lake County shall
15 receive creditable service for their prior service with that
16 employer, up to a maximum of 5 years, without any employee
17 contribution. Employees may establish creditable service for
18 the remainder of their prior service with that employer, if
19 any, by applying in writing and paying an employee
20 contribution in an amount determined by the Fund, based on
21 the employee contribution rates in effect at the time of
22 application for the creditable service and the employee's
23 salary rate on the effective date of participation for that
24 employer, plus interest at the effective rate from the date
25 of the prior service to the date of payment. Application for
26 this creditable service must be made before July 1, 1998; the
27 payment may be made at any time while the employee is still
28 in service. The employer may elect to make the required
29 contribution on behalf of the employee.
30 The governing board of a special education joint
31 agreement created under Section 10-22.31 of the School Code
32 for which an administrative district has been designated, if
33 there are employees of the cooperative educational entity who
34 are not employees of the administrative district, may elect
-43- LRB9109070DJcd
1 to participate in the Fund and be included within this
2 Article as a participating instrumentality, subject to such
3 application procedures and rules as the Board may prescribe.
4 The Boards of Control of cooperative or joint educational
5 programs or projects created and administered under Section
6 3-15.14 of the School Code, whether or not the Boards act as
7 their own administrative district, shall be included within
8 and be subject to this Article as participating
9 instrumentalities when the agreement establishing the
10 cooperative or joint educational program or project becomes
11 effective.
12 The governing board of a special education joint
13 agreement entered into after June 30, 1984 and prior to
14 September 17, 1985 which provides for representation on the
15 governing board by less than all the participating districts
16 shall be included within and subject to this Article as a
17 participating instrumentality. Such participation shall be
18 effective as of the date the joint agreement becomes
19 effective.
20 The governing boards of educational service centers
21 established under Section 2-3.62 of the School Code shall be
22 included within and subject to this Article as participating
23 instrumentalities. The governing boards of vocational
24 education cooperative agreements created under the
25 Intergovernmental Cooperation Act and approved by the State
26 Board of Education shall be included within and be subject to
27 this Article as participating instrumentalities. If any such
28 governing boards or boards of control are unable to pay the
29 required employer contributions to the fund, then the school
30 districts served by such boards shall make payment of
31 required contributions as provided in Section 7-172. The
32 payments shall be allocated among the several school
33 districts in proportion to the number of students in average
34 daily attendance for the last full school year for each
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1 district in relation to the total number of students in
2 average attendance for such period for all districts served.
3 If such educational service centers, vocational education
4 cooperatives or cooperative or joint educational programs or
5 projects created and administered under Section 3-15.14 of
6 the School Code are dissolved, the assets and obligations
7 shall be distributed among the districts in the same
8 proportions unless otherwise provided.
9 (d) The governing boards of special recreation joint
10 agreements created under Section 8-10b of the Park District
11 Code, operating without designation of an administrative
12 district or an administrative municipality appointed to
13 administer the program operating under the authority of such
14 joint agreement shall be included within and be subject to
15 this Article as participating instrumentalities when the
16 joint agreement becomes effective. However, the governing
17 board of any such special recreation joint agreement in
18 effect before January 1, 1980 shall not be subject to this
19 Article unless the joint agreement is modified, by the
20 districts and municipalities which are parties to the
21 agreement, to provide that the governing board is subject to
22 this Article.
23 If the Board returns any employer and employee
24 contributions to any employer which erroneously submitted
25 such contributions on behalf of a special recreation joint
26 agreement, the Board shall include interest computed from the
27 end of each year to the date of payment, not compounded, at
28 the rate of 7% per annum.
29 (e) Each multi-township assessment district, the board
30 of trustees of which has adopted this Article by ordinance
31 prior to April 1, 1982, shall be a participating
32 instrumentality included within and subject to this Article
33 effective December 1, 1981. The contributions required under
34 Section 7-172 shall be included in the budget prepared under
-45- LRB9109070DJcd
1 and allocated in accordance with Section 2-30 of the Property
2 Tax Code.
3 (f) Beginning January 1, 1992, each prospective
4 participating municipality or participating instrumentality
5 shall pay to the Fund the cost, as determined by the Board,
6 of a study prepared by the Fund or its actuary, detailing the
7 prospective costs of participation in the Fund to be expected
8 by the municipality or instrumentality.
9 (Source: P.A. 89-162, eff. 7-19-95; 90-511, eff. 8-22-97.)
10 (40 ILCS 5/7-132.2) (from Ch. 108 1/2, par. 7-132.2)
11 Sec. 7-132.2. Regional office of education.
12 (a) A regional office of education serving 2 or more
13 counties, except those serving a county of 2,000,000
14 1,000,000 inhabitants or more, formed pursuant to Article 3A
15 of the School Code shall be included within and be subject to
16 this Article, effective as of the effective date of
17 consolidation. For the purpose of this Article, a regional
18 office of education serving 2 or more counties shall be
19 considered a participating instrumentality but the
20 requirements of Sections 7-106 and 7-132 shall not apply to
21 it. Each county served by a regional office of education
22 that serves 2 or more counties shall pay its proportional
23 cost of the office's municipality contributions. This cost
24 shall be included in the budget prepared under and
25 apportioned in the manner provided by Section 3A-7 of the
26 School Code. Each county may include the cost for its share
27 of the municipality contributions required for the regional
28 office of education in its appropriation and tax levy under
29 Section 7-171 of this Article.
30 (b) At the request of the county, the Board may
31 designate any participating regional office of education to
32 be a separate reporting entity distinct from the county.
33 (Source: P.A. 90-448, eff. 8-16-97.)
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1 Section 55. The Governmental Account Audit Act is
2 amended by changing Section 1 as follows:
3 (50 ILCS 310/1) (from Ch. 85, par. 701)
4 Sec. 1. Definitions. As used in this Act, unless the
5 context otherwise indicates:
6 "Governmental unit" or "unit" includes all municipal
7 corporations in and political subdivisions of this State that
8 appropriate more than $5,000 for a fiscal year, with the
9 amount to increase or decrease by the amount of the Consumer
10 Price Index (CPI) as reported on January 1 of each year,
11 except the following:
12 (1) School districts.
13 (2) Cities, villages, and incorporated towns
14 subject to the Municipal Auditing Law, as contained in
15 the Illinois Municipal Code, and cities that file a
16 report with the Comptroller under Section 3.1-35-115 of
17 the Illinois Municipal Code.
18 (3) Counties with a population of 2,000,000
19 1,000,000 or more.
20 (4) Counties subject to the County Auditing Law.
21 (5) Any other municipal corporations in or
22 political subdivisions of this State, the accounts of
23 which are required by law to be audited by or under the
24 direction of the Auditor General.
25 (6) (Blank).
26 "Governing body" means the board or other body or
27 officers having authority to levy taxes, make appropriations,
28 authorize the expenditure of public funds or approve claims
29 for any governmental unit.
30 "Comptroller" means the Comptroller of the State of
31 Illinois.
32 "Consumer Price Index" means the Consumer Price Index for
33 All Urban Consumers for all items published by the United
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1 States Department of Labor.
2 "Licensed public accountant" means the holder of a valid
3 certificate as a public accountant under the Illinois Public
4 Accounting Act.
5 "Audit report" means the written report of the licensed
6 public accountant and all appended statements and schedules
7 relating to that report, presenting or recording the findings
8 of an examination or audit of the financial transactions,
9 affairs, or conditions of a governmental unit.
10 "Report" includes both audit reports and reports filed
11 instead of an audit report by a governmental unit
12 appropriating less than $200,000 during any fiscal year to
13 which the reports relate.
14 (Source: P.A. 90-104, eff. 7-11-97.)
15 Section 60. The Counties Code is amended by changing
16 Sections 3-4004, 3-4004.1, 3-4004.2, 3-4008, 3-4008.1,
17 3-4010, 3-4040.1, 3-5019, 3-5027, 3-5028, 3-6018, 3-6019,
18 3-6033, 3-6036, 3-7001, 3-8002, 3-11009, 3-12001, 3-15002,
19 4-1001, 4-2001, 4-7001, 5-1005, 5-1025, 5-1062, 5-1064,
20 5-1067, 5-1074, 5-1084, 5-1085, 5-1101, 5-1103.1, 5-1108,
21 5-1109, 5-1115, 5-7001, 5-12007, 5-12010, 5-21001, 5-23001,
22 5-23006, 5-25003, 5-25004, 5-25025, 5-31004, 5-37001, 6-2001,
23 6-3005, 6-21002, and 6-29002 as follows:
24 (55 ILCS 5/3-4004) (from Ch. 34, par. 3-4004)
25 Sec. 3-4004. Appointment of Public Defender in counties
26 under 2,000,000 1,000,000. As soon as may be after this
27 Division becomes applicable to a county with a population
28 under 2,000,000 1,000,000, the judges of the Circuit Court of
29 the circuit in which the county is located shall, by a
30 majority vote of the entire number of those judges, appoint
31 to the office of Public Defender a properly qualified person,
32 who shall hold office, his death or resignation not
-48- LRB9109070DJcd
1 intervening, at the pleasure of the judges competent to
2 appoint. Whenever a vacancy occurs in the office it shall be
3 filled in the same manner, and the person appointed to fill
4 the vacancy shall have the same tenure of office.
5 (Source: P.A. 86-962; 87-111.)
6 (55 ILCS 5/3-4004.1) (from Ch. 34, par. 3-4004.1)
7 Sec. 3-4004.1. Appointment of Public Defender in counties
8 over 2,000,000 1,000,000. Whenever a vacancy shall occur in
9 the position of Public Defender in counties over 2,000,000
10 1,000,000, a properly qualified person shall be appointed to
11 the position by the President with the advice and consent of
12 the Board.
13 (Source: P.A. 87-111.)
14 (55 ILCS 5/3-4004.2) (from Ch. 34, par. 3-4004.2)
15 Sec. 3-4004.2. Qualifications of Public Defender and
16 terms of employment in counties over 2,000,000 1,000,000. In
17 counties with a population over 2,000,000 1,000,000, the
18 following qualifications and terms of employment shall apply:
19 (a) The president shall select as Public Defender only a
20 person with the following qualifications: an attorney whose
21 practice of law has clearly demonstrated experience in the
22 representation of persons accused of crime; who has been
23 licensed to practice law in this State or in another state
24 for at least 5 years; who has had administrative experience;
25 and who is dedicated to the goals of providing high quality
26 representation for eligible persons and to improving the
27 quality of defense services generally.
28 (b) The Public Defender shall devote full time to the
29 duties of the public defender system and shall not otherwise
30 engage in the practice of law.
31 (c) The Public Defender once approved by the Board shall
32 serve for 6 years and may be removed by the President only
-49- LRB9109070DJcd
1 for good cause or dereliction of duty after notice and a
2 hearing before the Board. The effective date of this
3 amendatory Act of 1991 shall be deemed the commencement of
4 the term of the current public defender.
5 (d) The Public Defender's compensation shall be set at a
6 level that is commensurate with his qualifications and
7 experience and professionally appropriate with the
8 responsibility of the position. The Public Defender's
9 compensation shall be comparable with that paid to circuit
10 court judges, but in no event shall be more than that of the
11 State's Attorney of the county.
12 (Source: P.A. 87-111.)
13 (55 ILCS 5/3-4008) (from Ch. 34, par. 3-4008)
14 Sec. 3-4008. Assistants in counties under 2,000,000
15 1,000,000. The Public Defender in counties with a population
16 under 2,000,000 1,000,000 shall have power to appoint, in the
17 manner directed by the judges mentioned in Section 3-4004 the
18 number of assistants, all duly licensed practitioners, that
19 those judges deem necessary for the proper discharge of the
20 duties of the office, who shall serve at the pleasure of the
21 Public Defender. He shall also, in like manner, appoint the
22 number of clerks and other employees necessary for the due
23 transaction of the business of the office. The compensation
24 of the assistants, clerks and employees shall be fixed by the
25 County Board and paid out of the county treasury.
26 (Source: P.A. 86-962; 87-111.)
27 (55 ILCS 5/3-4008.1) (from Ch. 34, par. 3-4008.1)
28 Sec. 3-4008.1. Assistants in counties over 2,000,000
29 1,000,000. The Public Defender in counties with a population
30 over 2,000,000 1,000,000 shall appoint assistants, all duly
31 licensed practitioners, as that Public Defender shall deem
32 necessary for the proper discharge of the duties of the
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1 office, who shall serve at the pleasure of the Public
2 Defender. The Public Defender shall also, in like manner,
3 appoint clerks and other employees necessary for the
4 transaction of the business of the office. The compensation
5 of and the appropriate number of assistants, clerks, and
6 employees shall be fixed by the County Board and paid out of
7 the county treasury.
8 (Source: P.A. 87-111.)
9 (55 ILCS 5/3-4010) (from Ch. 34, par. 3-4010)
10 Sec. 3-4010. Records; reports in counties under
11 2,000,000 1,000,000. The Public Defender in counties with a
12 population under 2,000,000 1,000,000 shall keep a record of
13 the services rendered by him and prepare and file monthly
14 with the County Board a written report of such services
15 transmitting a copy of such report to the clerk of the
16 Circuit Court for the judges thereof. In cases where 2 or
17 more adjoining counties have joined to form a common office
18 of Public Defender, the Public Defender so appointed shall
19 file his monthly report with each of the several county
20 boards involved.
21 (Source: P.A. 86-962; 87-111.)
22 (55 ILCS 5/3-4010.1) (from Ch. 34, par. 3-4010.1)
23 Sec. 3-4010.1. Records; reports in counties over
24 2,000,000 1,000,000. The public defender in counties with a
25 population over 2,000,000 1,000,000 shall keep a record of
26 the services rendered by him and prepare and file quarterly
27 with the president a written report of those services.
28 (Source: P.A. 87-111.)
29 (55 ILCS 5/3-5019) (from Ch. 34, par. 3-5019)
30 Sec. 3-5019. Monthly list of conveyances. Immediately
31 following each calendar month, the recorder, in counties with
-51- LRB9109070DJcd
1 less than 2,000,000 1,000,000 inhabitants shall, upon their
2 request, transmit copies of all documents, plats and deeds
3 conveying real property to the county clerk, the county
4 treasurer, the tax map department, the supervisor of
5 assessments and the township assessor for which he shall be
6 paid by the county the usual and customary fee charged by the
7 recorder for furnishing such documents.
8 (Source: P.A. 86-962.)
9 (55 ILCS 5/3-5027) (from Ch. 34, par. 3-5027)
10 Sec. 3-5027. Real estate index number system; counties
11 of less than 2,000,000 1,000,000. In counties with a
12 population of less than 2,000,000 1,000,000, the recorder,
13 pursuant to ordinance or resolution of the county board, may
14 establish a permanent real estate index number system which
15 shall describe all real estate in the county by township,
16 Section, block, and parcel or lot, the street or post office
17 address, if any, and street code number, if any, of such real
18 estate. The recorder having established such index number
19 system shall be the sole authority in the county to designate
20 and assign index numbers and may establish and maintain cross
21 indexes of numbers assigned with the complete legal
22 description of the real estate to which such numbers relate.
23 Such index number system may be used by the supervisor of
24 assessments or board of assessors, as the case may be, in
25 counties of less than 2,000,000 1,000,000 population for the
26 purposes of assessment and collection of taxes. If a real
27 estate index number system is being maintained by an
28 authority other than the recorder on September 8, 1980, the
29 county board may approve the adoption, modification or
30 expansion of such system by the recorder and the recorder
31 shall thereafter designate and assign all index numbers under
32 said system. All indexes established hereunder shall be open
33 to public inspection and shall be made available to the
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1 public during regular business hours.
2 (Source: P.A. 86-962.)
3 (55 ILCS 5/3-5028) (from Ch. 34, par. 3-5028)
4 Sec. 3-5028. Map making department; counties of less
5 than 2,000,000 1,000,000. In counties with a population of
6 less than 2,000,000 1,000,000, the recorder, pursuant to
7 ordinance or resolution of the county board, may establish a
8 map making department which shall have sole authority over
9 the preparation, maintenance and designation of maps and
10 up-to-date lists of property owners names and addresses
11 required for use by the county, including but not limited to,
12 those maps and lists used for assessment purposes.
13 If the recorder establishes a map making department
14 pursuant to such ordinance or resolution, then such
15 department shall supersede the authority of any other person
16 or agency previously charged with the responsibility for map
17 making.
18 (Source: P.A. 86-962.)
19 (55 ILCS 5/3-6018) (from Ch. 34, par. 3-6018)
20 Sec. 3-6018. Counties under 2,000,000 1,000,000; control
21 of internal operations. In counties of less than 2,000,000 1
22 million population, the sheriff shall control the internal
23 operations of his office. Subject to the applicable county
24 appropriation ordinance, the sheriff shall direct the county
25 treasurer to pay, and the treasurer shall pay, the
26 expenditures for the sheriff's office, including payments for
27 personal services, equipment, materials and contractual
28 services. Purchases of equipment by the sheriff shall be
29 made in accordance with any ordinance requirements for
30 centralized purchasing through another county office or
31 through the state which are applicable to all county offices.
32 (Source: P.A. 86-962.)
-53- LRB9109070DJcd
1 (55 ILCS 5/3-6019) (from Ch. 34, par. 3-6019)
2 Sec. 3-6019. Duties of sheriff; office quarters and
3 hours. Sheriffs shall serve and execute, within their
4 respective counties, and return all warrants, process, orders
5 and judgments of every description that may be legally
6 directed or delivered to them. A sheriff of a county with a
7 population of less than 2,000,000 1,000,000 may employ
8 civilian personnel to serve process in civil matters.
9 Each sheriff shall keep and maintain his or her office at
10 the county seat of the county for which he or she is the
11 sheriff, and shall in counties having a population of less
12 than 500,000 keep his or her office open and attend to the
13 duties thereof from 8 o'clock in the forenoon to 5 o'clock in
14 the afternoon of each working day, excepting such days and
15 half days as, under any law, are or may be legal holidays, or
16 half holidays. The hours of opening and closing of the office
17 of the sheriff may be changed and otherwise fixed and
18 determined by the county board of such county. Such action
19 taken by the county board shall be by an appropriate
20 resolution passed at a regular meeting.
21 (Source: P.A. 86-962; 86-1028.)
22 (55 ILCS 5/3-6033) (from Ch. 34, par. 3-6033)
23 Sec. 3-6033. Citizenship and residence. It is unlawful
24 for the sheriff of any county of fewer than 2,000,000
25 1,000,000 inhabitants, or the corporate authorities of any
26 city, town or village to authorize, empower, employ or permit
27 any person to act as deputy sheriff or special policeman for
28 the purpose of preserving the peace, who is not a citizen of
29 the United States.
30 (Source: P.A. 86-962; 87-357.)
31 (55 ILCS 5/3-6036) (from Ch. 34, par. 3-6036)
32 Sec. 3-6036. Powers and duties of Supervisor of Safety.
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1 The Supervisor of Safety shall enforce all the laws of this
2 State and, within the municipalities in his county, the
3 ordinances of such municipalities relating to the regulation
4 of motor vehicle traffic and the promotion of safety on
5 public highways. The Supervisor of Safety shall advise the
6 county board as to contracts negotiated regulating traffic of
7 parking areas of schools, hospitals, commercial and
8 industrial facilities, shopping centers and apartment
9 complexes outside any municipality of said county, and shall
10 act as its representative and agent in connection with the
11 execution of such contracts. In those instances where
12 contracts are being negotiated between municipalities and
13 schools, hospitals, commercial and industrial facilities,
14 shopping centers and apartment complexes outside the
15 corporate limits, the Supervisor of Safety shall advise the
16 county board. All such contracts shall be negotiated in the
17 manner of section 11-209 of The Illinois Vehicle Code.
18 Subject to the approval of the county board, the Supervisor
19 of Safety may appoint assistants to aid him in carrying out
20 his duties. The Supervisor of Safety shall cooperate with the
21 State and Federal governments and agencies thereof in
22 programs designed to promote safety on highways.
23 The Supervisor of Safety in counties of less than
24 2,000,000 1,000,000 inhabitants may enter into cooperative
25 contractual agreements with school districts in his county,
26 under which the school district hires, compensates and is
27 liable for one or more school crossing guards, and the
28 Supervisor of Safety, as sheriff of the county, appoints any
29 such guard as an auxiliary deputy, in the manner and under
30 the terms of Sections 3-6001 through 3-6032.
31 This Section is not a prohibition upon the contractual
32 and associational powers granted by Article VII, Section 10
33 of the Illinois Constitution.
34 (Source: P.A. 90-145, eff. 1-1-98; 90-481, eff. 8-17-97.)
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1 (55 ILCS 5/3-7001) (from Ch. 34, par. 3-7001)
2 Sec. 3-7001. Maintenance of county police department.
3 The Sheriff in each county having more than 2,000,000
4 1,000,000 inhabitants shall maintain a division to be known
5 as the County Police Department and to consist of such deputy
6 sheriffs charged with the duty of law enforcement in such
7 county as may be selected as hereinafter provided.
8 (Source: P.A. 86-962.)
9 (55 ILCS 5/3-8002) (from Ch. 34, par. 3-8002)
10 Sec. 3-8002. Applicability and adoption. The county
11 board of every county having a county police department merit
12 board established under "The County Police Department Act",
13 approved August 7, 1967, as amended (repealed), or a merit
14 commission for sheriff's personnel established under Section
15 58.1 of "An Act to revise the law in relation to counties",
16 approved March 31, 1874, as amended (repealed), shall adopt
17 and implement the merit system provided by this Division and
18 shall modify the merit system now in effect in that county as
19 may be necessary to comply with this Division.
20 The county board of any county having a population of
21 less than 2,000,000 1,000,000 which does not have a merit
22 board or merit commission for sheriff's personnel may adopt
23 and implement by ordinance the merit system provided by this
24 Division. If the county board does not adopt such a merit
25 system by an ordinance and if a petition signed by not fewer
26 than 5% or 1000, whichever is less, of the registered
27 electors of any such county is filed with the county clerk
28 requesting a referendum on the adoption of a merit system for
29 deputies in the office of the Sheriff, the county board
30 shall, by appropriate ordinance, cause the question to be
31 submitted to the electors of the county, at a special or
32 general election specified in such ordinance, in accordance
33 with the provisions of Section 28-3 of "The Election Code",
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1 approved May 11, 1943, as now or hereafter amended. Notice
2 of the election shall be given as provided in Article 12 of
3 such code. If a majority of those voting on the proposition
4 at such election vote in favor thereof, the county board
5 shall adopt and implement a merit system provided in this
6 Division. When a merit board or merit commission for
7 sheriff's personnel has been established in a county, it may
8 be abolished by the same procedure in which it was
9 established.
10 This Division does not apply to any county having a
11 population of more than 2,000,000 1,000,000 nor to any county
12 which has not elected to adopt the merit system provided by
13 this Division and which is not required to do so under this
14 Section.
15 (Source: P.A. 86-962.)
16 (55 ILCS 5/3-11009) (from Ch. 34, par. 3-11009)
17 Sec. 3-11009. Petty cash fund. For the purpose of
18 enabling the county treasurer to pay in cash such warrants
19 and other demands as may be presented to him for payment in
20 cash, he is hereby authorized to withhold from the daily
21 deposit of funds required of him under Section 3-11004, or to
22 withdraw from the one or more banks or savings and loan
23 associations holding such county moneys on deposit, upon
24 check or draft payable to his own order as county treasurer,
25 such amounts as will enable him to maintain a petty cash fund
26 sufficient to meet the daily demand for the purpose herein
27 indicated: Provided, however, that the amount of said petty
28 cash fund shall at no time exceed the sum of $5,000 in
29 counties having fewer than 2,000,000 1,000,000 inhabitants or
30 the sum of $200,000 in counties having 2,000,000 1,000,000 or
31 more inhabitants. The county treasurer shall keep proper
32 records of such petty cash fund, showing the amounts so
33 withheld or withdrawn by him daily and the amounts paid out
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1 by him in cash from day to day. Such records shall be open to
2 the inspection of all persons wishing to examine the same.
3 (Source: P.A. 86-962.)
4 (55 ILCS 5/3-12001) (from Ch. 34, par. 3-12001)
5 Sec. 3-12001. Creation or abolition of Personnel Policy
6 Commission. The County Board of any county having a
7 population of 350,000 or more but less than 2,000,000
8 1,000,000 inhabitants as determined by the last preceding
9 federal census, may by ordinance create a Personnel Policy
10 Commission.
11 If the county board does not by ordinance create a
12 Personnel Policy Commission pursuant to the provisions of
13 this Division, a petition may be filed with the county clerk,
14 signed by not less than 1% of the registered voters of the
15 county, requesting the submission to a referendum of the
16 following proposition: shall the county board of..... county
17 create a Personnel Policy Commission pursuant to the
18 provisions of Division 3-12 of the Counties Code?
19 If such a petition is filed, the county clerk shall
20 submit the proposition to the voters at an election to be
21 held in accordance with the general election law.
22 If a majority of the voters voting on the proposition
23 vote in favor of it, the county board shall, by ordinance,
24 create a Personnel Policy Commission pursuant to the
25 provisions of this Division.
26 At any time after the creation of a Personnel Policy
27 Commission pursuant to this Division, a petition may be filed
28 with the county clerk, signed by not less than 1% of the
29 registered voters of the county, requesting the submission to
30 a referendum of the following proposition: shall the county
31 board of..... county abolish the Personnel Policy Commission
32 established pursuant to the provisions of Division 3-12 of
33 the Counties Code?
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1 The election authority shall submit the proposition to
2 the voters at an election to be held in accordance with the
3 general election law.
4 If a majority of the voters voting on the proposition
5 vote in favor of it, the county board shall, by ordinance,
6 abolish such Personnel Policy Commission.
7 (Source: P.A. 86-962.)
8 (55 ILCS 5/3-15002) (from Ch. 34, par. 3-15002)
9 Sec. 3-15002. Creation. In any county having more than
10 2,000,000 1,000,000 inhabitants, there is created within the
11 office of the Sheriff a Department of Corrections, referred
12 to in this Division as the "Department".
13 (Source: P.A. 86-962; 87-895.)
14 (55 ILCS 5/4-1001) (from Ch. 34, par. 4-1001)
15 Sec. 4-1001. Counties classified. For the purpose of
16 fixing the fees and compensation of county and township
17 officers in this State, the several counties therein are
18 hereby divided into 3 classes, according to population as
19 ascertained by the most recent Federal Census, which classes
20 shall be known as the first, second and third, as follows:
21 Counties containing a population of not exceeding 25,000
22 inhabitants shall be known as counties of the first class.
23 Counties containing a population over 25,000 and not
24 exceeding 2,000,000 1,000,000 shall be known as counties of
25 the second class.
26 Counties containing a population exceeding 2,000,000
27 1,000,000 shall be known as counties of the third class.
28 The fees and compensation of the several officers
29 hereinafter named, shall be as provided by law in the
30 respective classes of the counties to which they belong.
31 (Source: P.A. 86-962.)
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1 (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
2 Sec. 4-2001. State's attorney salaries.
3 (a) There shall be allowed to the several state's
4 attorneys in this State, except the state's attorney of Cook
5 County, the following annual salary:
6 (1) Subject to paragraph (5), to each state's
7 attorney in counties containing less than 10,000
8 inhabitants, $40,500 until December 31, 1988, $45,500
9 until June 30, 1994, and $55,500 thereafter or as set by
10 the Compensation Review Board, whichever is greater.
11 (2) Subject to paragraph (5), to each state's
12 attorney in counties containing 10,000 or more
13 inhabitants but less than 20,000 inhabitants, $46,500
14 until December 31, 1988, $61,500 until June 30, 1994, and
15 $71,500 thereafter or as set by the Compensation Review
16 Board, whichever is greater.
17 (3) Subject to paragraph (5), to each state's
18 attorney in counties containing 20,000 or more but less
19 than 30,000 inhabitants, $51,000 until December 31, 1988,
20 $65,000 until June 30, 1994, and $75,000 thereafter or as
21 set by the Compensation Review Board, whichever is
22 greater.
23 (4) To each state's attorney in counties of 30,000
24 or more inhabitants, $65,500 until December 31, 1988,
25 $80,000 until June 30, 1994, and $96,837 thereafter or as
26 set by the Compensation Review Board, whichever is
27 greater.
28 (5) Effective December 1, 2000, to each state's
29 attorney in counties containing fewer than 30,000
30 inhabitants, the same salary plus any cost of living
31 adjustments as authorized by the Compensation Review
32 Board to take effect after January 1, 1999, for state's
33 attorneys in counties containing 20,000 or more but fewer
34 than 30,000 inhabitants, or as set by the Compensation
-60- LRB9109070DJcd
1 Review Board whichever is greater.
2 The State shall furnish 66 2/3% of the total annual
3 compensation to be paid to each state's attorney in Illinois
4 based on the salary in effect on December 31, 1988, and 100%
5 of the increases in salary taking effect after December 31,
6 1988.
7 Said amounts furnished by the State shall be payable
8 monthly from the state treasury to the county in which each
9 state's attorney is elected.
10 Each county shall be required to furnish 33 1/3% of the
11 total annual compensation to be paid to each state's attorney
12 in Illinois based on the salary in effect on December 31,
13 1988.
14 (b) Effective December 1, 2000, no state's attorney may
15 engage in the private practice of law. However, until
16 November 30, 2000, (i) the state's attorneys in counties
17 containing fewer than 10,000 inhabitants may engage in the
18 practice of law, and (ii) in any county between 10,000 and
19 30,000 inhabitants or in any county containing 30,000 or more
20 inhabitants which reached that population between 1970 and
21 December 31, 1981, the state's attorney may declare his or
22 her intention to engage in the private practice of law, and
23 may do so through no later than November 30, 2000, by filing
24 a written declaration of intent to engage in the private
25 practice of law with the county clerk. The declaration of
26 intention shall be irrevocable during the remainder of the
27 term of office. The declaration shall be filed with the
28 county clerk within 30 days of certification of election or
29 appointment, or within 60 days of March 15, 1989, whichever
30 is later. In that event the annual salary of such state's
31 attorney shall be as follows:
32 (1) In counties containing 10,000 or more
33 inhabitants but less than 20,000 inhabitants, $46,500
34 until December 31, 1988, $51,500 until June 30, 1994, and
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1 $61,500 thereafter or as set by the Compensation Review
2 Board, whichever is greater. The State shall furnish
3 100% of the increases taking effect after December 31,
4 1988.
5 (2) In counties containing 20,000 or more
6 inhabitants but less than 30,000 inhabitants, and in
7 counties containing 30,000 or more inhabitants which
8 reached said population between 1970 and December 31,
9 1981, $51,500 until December 31, 1988, $56,000 until June
10 30, 1994, and $65,000 thereafter or as set by the
11 Compensation Review Board, whichever is greater. The
12 State shall furnish 100% of the increases taking effect
13 after December 31, 1988.
14 (c) In counties where a state mental health institution,
15 as hereinafter defined, is located, one assistant state's
16 attorney shall receive for his services, payable monthly from
17 the state treasury to the county in which he is appointed,
18 the following:
19 (1) To each assistant state's attorney in counties
20 containing less than 10,000 inhabitants, the sum of
21 $2,500 per annum;
22 (2) To each assistant state's attorney in counties
23 containing not less than 10,000 inhabitants and not more
24 than 20,000 inhabitants, the sum of $3,500 per annum;
25 (3) To each assistant state's attorney in counties
26 containing not less than 20,000 inhabitants and not more
27 than 30,000 inhabitants, the sum of $4,000 per annum;
28 (4) To each assistant state's attorney in counties
29 containing not less than 30,000 inhabitants and not more
30 than 40,000 inhabitants, the sum of $4,500 per annum;
31 (5) To each assistant state's attorney in counties
32 containing not less than 40,000 inhabitants and not more
33 than 70,000 inhabitants, the sum of $5,000 per annum;
34 (6) To each assistant state's attorney in counties
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1 containing not less than 70,000 inhabitants and not more
2 than 2,000,000 1,000,000 inhabitants, the sum of $6,000
3 per annum.
4 (d) The population of all counties for the purpose of
5 fixing salaries as herein provided shall be based upon the
6 last Federal census immediately previous to the appointment
7 of an assistant state's attorney in each county.
8 (e) At the request of the county governing authority, in
9 counties where one or more state correctional institutions,
10 as hereinafter defined, are located, one or more assistant
11 state's attorneys shall receive for their services, provided
12 that such services are performed in connection with the state
13 correctional institution, payable monthly from the state
14 treasury to the county in which they are appointed, the
15 following:
16 (1) $22,000 for each assistant state's attorney in
17 counties with one or more State correctional institutions
18 with a total average daily inmate population in excess of
19 2,000, on the basis of 2 assistant state's attorneys when
20 the total average daily inmate population exceeds 2,000
21 but is less than 4,000; and 3 assistant state's attorneys
22 when such population exceeds 4,000; with reimbursement to
23 be based on actual services rendered.
24 (2) $15,000 per year for one assistant state's
25 attorney in counties having one or more correctional
26 institutions with a total average daily inmate population
27 of between 750 and 2,000 inmates, with reimbursement to
28 be based on actual services rendered.
29 (3) A maximum of $12,000 per year for one assistant
30 state's attorney in counties having less than 750
31 inmates, with reimbursement to be based on actual
32 services rendered.
33 Upon application of the county governing authority
34 and certification of the State's Attorney, the Director
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1 of Corrections may, in his discretion and subject to
2 appropriation, increase the amount of salary
3 reimbursement to a county in the event special
4 circumstances require the county to incur extraordinary
5 salary expenditures as a result of services performed in
6 connection with State correctional institutions in that
7 county.
8 In determining whether or not to increase the amount of
9 salary reimbursement, the Director shall consider, among
10 other matters:
11 (1) the nature of the services rendered;
12 (2) the results or dispositions obtained;
13 (3) whether or not the county was required to
14 employ additional attorney personnel as a direct result
15 of the services actually rendered in connection with a
16 particular service to a State correctional institution.
17 (f) In counties where a State senior institution of
18 higher education is located, the assistant state's attorneys
19 specified by this Section shall receive for their services,
20 payable monthly from the State treasury to the county in
21 which appointed, the following:
22 (1) $14,000 per year each for employment on a full
23 time basis for 2 assistant state's attorneys in counties
24 having a State university or State universities with
25 combined full time enrollment of more than 15,000
26 students.
27 (2) $7,200 per year for one assistant state's
28 attorney with no limitation on other practice in counties
29 having a State university or State universities with
30 combined full time enrollment of 10,000 to 15,000
31 students.
32 (3) $4,000 per year for one assistant state's
33 attorney with no limitation on other practice in counties
34 having a State university or State universities with
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1 combined full time enrollment of less than 10,000
2 students.
3 Such salaries shall be paid to the state's attorney and
4 the assistant state's attorney in equal monthly installments
5 by such county out of the county treasury provided that the
6 State of Illinois shall reimburse each county monthly from
7 the state treasury the amount of such salary. This Section
8 shall not prevent the payment of such additional compensation
9 to the state's attorney or assistant state's attorney of any
10 county, out of the treasury of that county as may be provided
11 by law.
12 (g) For purposes of this Section, "State mental health
13 institution" means any institution under the jurisdiction of
14 the Department of Human Services that is listed in Section 4
15 of the Mental Health and Developmental Disabilities
16 Administrative Act.
17 For purposes of this Section, "State correctional
18 institution" means any facility of the Department of
19 Corrections including adult facilities, juvenile facilities,
20 pre-release centers, community correction centers, and work
21 camps.
22 For purposes of this Section, "State university" means
23 the University of Illinois, Southern Illinois University,
24 Chicago State University, Eastern Illinois University,
25 Governors State University, Illinois State University,
26 Northeastern Illinois University, Northern Illinois
27 University, Western Illinois University, and any public
28 community college which has established a program of
29 interinstitutional cooperation with one of the foregoing
30 institutions whereby a student, after earning an associate
31 degree from the community college, pursues a course of study
32 at the community college campus leading to a baccalaureate
33 degree from the foregoing institution (also known as a "2
34 Plus 2" degree program).
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1 (h) A number of assistant state's attorneys shall be
2 appointed in each county, that chooses to participate, as
3 provided in this subsection for the prosecution of
4 alcohol-related traffic offenses. Each county shall receive
5 annually a subsidy for payment of the salaries and benefits
6 of these assistant state's attorneys from State funds
7 appropriated to the county for that purpose. The amounts of
8 subsidies provided by this subsection shall be adjusted for
9 inflation each July 1 using the Consumer Price Index of the
10 Bureau of Labor Statistics of the U.S. Department of Labor.
11 When a county chooses to participate in the subsidy
12 program described in this subsection (h), the number of
13 assistant state's attorneys who are prosecuting
14 alcohol-related traffic offenses must increase according to
15 the subsidy provided in this subsection. These appointed
16 assistant state's attorneys shall be in addition to any other
17 assistant state's attorneys assigned to those cases on the
18 effective date of this amendatory Act of the 91st General
19 Assembly, and may not replace those assistant state's
20 attorneys. In counties where the state's attorney is the
21 sole prosecutor, this subsidy shall be used to provide an
22 assistant state's attorney to prosecute alcohol-related
23 traffic offenses along with the state's attorney. In
24 counties where the state's attorney is the sole prosecutor,
25 and in counties where a judge presides over cases involving a
26 variety of misdemeanors, including alcohol-related traffic
27 matters, assistant state's attorneys appointed and subsidized
28 by this subsection (h) may also prosecute the different
29 misdemeanor cases at the direction of the state's attorney.
30 Assistant state's attorneys shall be appointed under this
31 subsection in the following number and counties shall receive
32 the following annual subsidies:
33 (1) In counties with fewer than 30,000 inhabitants,
34 one at $35,000.
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1 (2) In counties with 30,000 or more but fewer than
2 100,000 inhabitants, one at $45,000.
3 (3) In counties with 100,000 or more but fewer than
4 300,000 inhabitants, 2 at $45,000 each.
5 (4) In counties, other than Cook County, with
6 300,000 or more inhabitants, 4 at $50,000 each.
7 (Source: P.A. 90-14, eff. 7-1-97; 90-375, eff. 8-14-97;
8 91-273, eff. 1-1-00; 91-440, eff. 8-6-99; revised 10-19-99.)
9 (55 ILCS 5/4-7001) (from Ch. 34, par. 4-7001)
10 Sec. 4-7001. Coroner's fees. The fees of the coroner's
11 office shall be as follows:
12 1. For a copy of a transcript of sworn testimony: $3.00
13 per page.
14 2. For a copy of an autopsy report (if not included in
15 transcript): $30.00.
16 3. For a copy of the verdict of a coroner's jury: $5.00.
17 4. For a copy of a toxicology report: $15.00.
18 5. For a print of a picture obtained by the coroner:
19 actual cost or $3.00, whichever is greater.
20 6. For each copy of miscellaneous reports, including
21 artist's drawings but not including police reports: actual
22 cost or $15.00, whichever is greater.
23 7. For a coroner's or medical examiner's permit to
24 cremate a dead human body: $10.00.
25 All of which fees shall be certified by the court; in
26 the case of inmates of any State charitable or penal
27 institution, the fees shall be paid by the operating
28 department or commission, out of the State Treasury. The
29 coroner shall file his or her claim in probate for his or her
30 fees and he or she shall render assistance to the State's
31 attorney in the collection of such fees out of the estate of
32 the deceased. In counties of less than 2,000,000 1,000,000
33 population, the State's attorney shall collect such fees out
-67- LRB9109070DJcd
1 of the estate of the deceased.
2 Except as otherwise provided in this Section, whenever
3 the coroner is required by law to perform any of the duties
4 of the office of the sheriff, the coroner is entitled to the
5 like fees and compensation as are allowed by law to the
6 sheriff for the performance of similar services.
7 Except as otherwise provided in this Section, whenever
8 the coroner of any county is required to travel in the
9 performance of his or her duties, he or she shall receive the
10 same mileage fees as are authorized for the sheriff of such
11 county.
12 All fees under this Section collected by or on behalf of
13 the coroner's office shall be paid over to the county
14 treasurer and deposited into the general fund of the county.
15 (Source: P.A. 86-962; 86-1028.)
16 (55 ILCS 5/5-1005) (from Ch. 34, par. 5-1005)
17 Sec. 5-1005. Powers. Each county shall have power:
18 1. To purchase and hold the real and personal estate
19 necessary for the uses of the county, and to purchase and
20 hold, for the benefit of the county, real estate sold by
21 virtue of judicial proceedings in which the county is
22 plaintiff.
23 2. To sell and convey or lease any real or personal
24 estate owned by the county.
25 3. To make all contracts and do all other acts in
26 relation to the property and concerns of the county necessary
27 to the exercise of its corporate powers.
28 4. To take all necessary measures and institute
29 proceedings to enforce all laws for the prevention of cruelty
30 to animals.
31 5. To purchase and hold or lease real estate upon which
32 may be erected and maintained buildings to be utilized for
33 purposes of agricultural experiments and to purchase, hold
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1 and use personal property for the care and maintenance of
2 such real estate in connection with such experimental
3 purposes.
4 6. To cause to be erected, or otherwise provided,
5 suitable buildings for, and maintain a county hospital and
6 necessary branch hospitals and/or a county sheltered care
7 home or county nursing home for the care of such sick,
8 chronically ill or infirm persons as may by law be proper
9 charges upon the county, or upon other governmental units,
10 and to provide for the management of the same. The county
11 board may establish rates to be paid by persons seeking care
12 and treatment in such hospital or home in accordance with
13 their financial ability to meet such charges, either
14 personally or through a hospital plan or hospital insurance,
15 and the rates to be paid by governmental units, including the
16 State, for the care of sick, chronically ill or infirm
17 persons admitted therein upon the request of such
18 governmental units. Any hospital maintained by a county under
19 this Section is authorized to provide any service and enter
20 into any contract or other arrangement not prohibited for a
21 hospital that is licensed under the Hospital Licensing Act,
22 incorporated under the General Not-For-Profit Corporation
23 Act, and exempt from taxation under paragraph (3) of
24 subsection (c) of Section 501 of the Internal Revenue Code.
25 7. To contribute such sums of money toward erecting,
26 building, maintaining, and supporting any non-sectarian
27 public hospital located within its limits as the county board
28 of the county shall deem proper.
29 8. To purchase and hold real estate for the preservation
30 of forests, prairies and other natural areas and to maintain
31 and regulate the use thereof.
32 9. To purchase and hold real estate for the purpose of
33 preserving historical spots in the county, to restore,
34 maintain and regulate the use thereof and to donate any
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1 historical spot to the State.
2 10. To appropriate funds from the county treasury to be
3 used in any manner to be determined by the board for the
4 suppression, eradication and control of tuberculosis among
5 domestic cattle in such county.
6 11. To take all necessary measures to prevent forest
7 fires and encourage the maintenance and planting of trees and
8 the preservation of forests.
9 12. To authorize the closing on Saturday mornings of all
10 offices of all county officers at the county seat of each
11 county, and to otherwise regulate and fix the days and the
12 hours of opening and closing of such offices, except when the
13 days and the hours of opening and closing of the office of
14 any county officer are otherwise fixed by law; but the power
15 herein conferred shall not apply to the office of State's
16 Attorney and the offices of judges and clerks of courts and,
17 in counties of 500,000 or more population, the offices of
18 county clerk.
19 13. To provide for the conservation, preservation and
20 propagation of insectivorous birds through the expenditure of
21 funds provided for such purpose.
22 14. To appropriate funds from the county treasury and
23 expend the same for care and treatment of tuberculosis
24 residents.
25 15. In counties having less than 2,000,000 1,000,000
26 inhabitants, to take all necessary or proper steps for the
27 extermination of mosquitoes, flies or other insects within
28 the county.
29 16. To install an adequate system of accounts and
30 financial records in the offices and divisions of the county,
31 suitable to the needs of the office and in accordance with
32 generally accepted principles of accounting for governmental
33 bodies, which system may include such reports as the county
34 board may determine.
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1 17. To purchase and hold real estate for the
2 construction and maintenance of motor vehicle parking
3 facilities for persons using county buildings, but the
4 purchase and use of such real estate shall not be for revenue
5 producing purposes.
6 18. To acquire and hold title to real property located
7 within the county, or partly within and partly outside the
8 county by dedication, purchase, gift, legacy or lease, for
9 park and recreational purposes and to charge reasonable fees
10 for the use of or admission to any such park or recreational
11 area and to provide police protection for such park or
12 recreational area. Personnel employed to provide such police
13 protection shall be conservators of the peace within such
14 park or recreational area and shall have power to make
15 arrests on view of the offense or upon warrants for violation
16 of any of the ordinances governing such park or recreational
17 area or for any breach of the peace in the same manner as the
18 police in municipalities organized and existing under the
19 general laws of the State. All such real property outside the
20 county shall be contiguous to the county and within the
21 boundaries of the State of Illinois.
22 19. To appropriate funds from the county treasury to be
23 used to provide supportive social services designed to
24 prevent the unnecessary institutionalization of elderly
25 residents, or, for operation of, and equipment for, senior
26 citizen centers providing social services to elderly
27 residents.
28 20. To appropriate funds from the county treasury and
29 loan such funds to a county water commission created under
30 the "Water Commission Act", approved June 30, 1984, as now or
31 hereafter amended, in such amounts and upon such terms as the
32 county may determine or the county and the commission may
33 agree. The county shall not under any circumstances be
34 obligated to make such loans. The county shall not be
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1 required to charge interest on any such loans.
2 All contracts for the purchase of coal under this Section
3 shall be subject to the provisions of "An Act concerning the
4 use of Illinois mined coal in certain plants and
5 institutions", filed July 13, 1937, as amended.
6 (Source: P.A. 86-962; 86-1028.)
7 (55 ILCS 5/5-1025) (from Ch. 34, par. 5-1025)
8 Sec. 5-1025. Tax for expense of conducting elections and
9 maintaining system of permanent registration of voters. In
10 counties of more than 2,000,000 1,000,000 inhabitants, a
11 county board may levy and collect, in odd numbered years, a
12 tax of not to exceed .05% of the value, as equalized or
13 assessed by the Department of Revenue, of all the taxable
14 property in the county, for the expense of conducting
15 elections and maintaining a system of permanent registration
16 of voters. Such tax shall not be included within any
17 statutory limitation of rate or amount for other county
18 purposes, but shall be excluded therefrom and be in addition
19 thereto and in excess thereof; provided that this tax shall
20 not be levied or collected on property situated within the
21 jurisdiction of any municipal board of election
22 commissioners.
23 Beginning with calendar year 1986 and annually
24 thereafter, any county with less than 2,000,000 1,000,000
25 inhabitants shall pay over to any municipal board of election
26 commissioners in the county, for the expense of conducting
27 elections and maintaining a system of permanent registration
28 of voters, an amount at least equal to the proceeds of the
29 tax collected on property situated within the jurisdiction of
30 that board under this Section during calendar year 1985;
31 provided, however, such amount shall be increased or
32 decreased annually in proportion to any increase or decrease
33 in the equalized assessed valuation of such municipality.
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1 Such amount shall be payable from the tax levied and
2 collected under Section 5-1024.
3 (Source: P.A. 86-962.)
4 (55 ILCS 5/5-1062) (from Ch. 34, par. 5-1062)
5 Sec. 5-1062. Stormwater management.
6 (a) The purpose of this Section is to allow management
7 and mitigation of the effects of urbanization on stormwater
8 drainage in metropolitan counties located in the area served
9 by the Northeastern Illinois Planning Commission, and
10 references to "county" in this Section shall apply only to
11 those counties. This Section shall not apply to any county
12 with a population in excess of 2,000,000 1,500,000, except as
13 provided in subsection (c). The purpose of this Section shall
14 be achieved by:
15 (1) consolidating the existing stormwater
16 management framework into a united, countywide structure;
17 (2) setting minimum standards for floodplain and
18 stormwater management; and
19 (3) preparing a countywide plan for the management
20 of stormwater runoff, including the management of natural
21 and man-made drainageways. The countywide plan may
22 incorporate watershed plans.
23 (b) A stormwater management planning committee shall be
24 established by county board resolution, with its membership
25 consisting of equal numbers of county board and municipal
26 representatives from each county board district, and such
27 other members as may be determined by the county and
28 municipal members. However, if the county has more than 6
29 county board districts, the county board may by ordinance
30 divide the county into not less than 6 areas of approximately
31 equal population, to be used instead of county board
32 districts for the purpose of determining representation on
33 the stormwater management planning committee.
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1 The county board members shall be appointed by the
2 chairman of the county board. Municipal members from each
3 county board district or other represented area shall be
4 appointed by a majority vote of the mayors of those
5 municipalities which have the greatest percentage of their
6 respective populations residing in such county board district
7 or other represented area. All municipal and county board
8 representatives shall be entitled to a vote; the other
9 members shall be nonvoting members, unless authorized to vote
10 by the unanimous consent of the municipal and county board
11 representatives. A municipality that is located in more than
12 one county may choose, at the time of formation of the
13 stormwater management planning committee and based on
14 watershed boundaries, to participate in the stormwater
15 management planning program of either or both of the
16 counties. Subcommittees of the stormwater management planning
17 committee may be established to serve a portion of the county
18 or a particular drainage basin that has similar stormwater
19 management needs. The stormwater management planning
20 committee shall adopt by-laws, by a majority vote of the
21 county and municipal members, to govern the functions of the
22 committee and its subcommittees. Officers of the committee
23 shall include a chair and vice chair, one of whom shall be a
24 county representative and one a municipal representative.
25 The principal duties of the committee shall be to develop
26 a stormwater management plan for presentation to and approval
27 by the county board, and to direct the plan's implementation
28 and revision. The committee may retain engineering, legal and
29 financial advisors and inspection personnel. The committee
30 shall meet at least quarterly and shall hold at least one
31 public meeting during the preparation of the plan and prior
32 to its submittal to the county board.
33 (c) In the preparation of a stormwater management plan,
34 a county stormwater management planning committee shall
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1 coordinate the planning process with each adjoining county to
2 ensure that recommended stormwater projects will have no
3 significant impact on the levels or flows of stormwaters in
4 inter-county watersheds or on the capacity of existing and
5 planned stormwater retention facilities. An adopted
6 stormwater management plan shall identify steps taken by the
7 county to coordinate the development of plan recommendations
8 with adjoining counties.
9 (d) Before the stormwater management planning committee
10 recommends to the county board a stormwater management plan
11 for the county or a portion thereof, it shall submit the plan
12 to the Office of Water Resources of the Department of Natural
13 Resources and to the Northeastern Illinois Planning
14 Commission for review and recommendations. The Office and
15 the Commission, in reviewing the plan, shall consider such
16 factors as impacts on the levels or flows in rivers and
17 streams and the cumulative effects of stormwater discharges
18 on flood levels. The Office of Water Resources shall
19 determine whether the plan or ordinances enacted to implement
20 the plan complies with the requirements of subsection (f).
21 Within a period not to exceed 60 days, the review comments
22 and recommendations shall be submitted to the stormwater
23 management planning committee for consideration. Any
24 amendments to the plan shall be submitted to the Office and
25 the Commission for review.
26 (e) Prior to recommending the plan to the county board,
27 the stormwater management planning committee shall hold at
28 least one public hearing thereon and shall afford interested
29 persons an opportunity to be heard. The hearing shall be
30 held in the county seat. Notice of the hearing shall be
31 published at least once no less than 15 days in advance
32 thereof in a newspaper of general circulation published in
33 the county. The notice shall state the time and place of the
34 hearing and the place where copies of the proposed plan will
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1 be accessible for examination by interested parties. If an
2 affected municipality having a stormwater management plan
3 adopted by ordinance wishes to protest the proposed county
4 plan provisions, it shall appear at the hearing and submit in
5 writing specific proposals to the stormwater management
6 planning committee. After consideration of the matters
7 raised at the hearing, the committee may amend or approve the
8 plan and recommend it to the county board for adoption.
9 The county board may enact the proposed plan by
10 ordinance. If the proposals for modification of the plan
11 made by an affected municipality having a stormwater
12 management plan are not included in the proposed county plan,
13 and the municipality affected by the plan opposes adoption of
14 the county plan by resolution of its corporate authorities,
15 approval of the county plan shall require an affirmative vote
16 of at least two-thirds of the county board members present
17 and voting. If the county board wishes to amend the county
18 plan, it shall submit in writing specific proposals to the
19 stormwater management planning committee. If the proposals
20 are not approved by the committee, or are opposed by
21 resolution of the corporate authorities of an affected
22 municipality having a municipal stormwater management plan,
23 amendment of the plan shall require an affirmative vote of at
24 least two-thirds of the county board members present and
25 voting.
26 (f) The county board may prescribe by ordinance
27 reasonable rules and regulations for floodplain management
28 and for governing the location, width, course and release
29 rate of all stormwater runoff channels, streams and basins in
30 the county, in accordance with the adopted stormwater
31 management plan. These rules and regulations shall, at a
32 minimum, meet the standards for floodplain management
33 established by the Office of Water Resources and the
34 requirements of the Federal Emergency Management Agency for
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1 participation in the National Flood Insurance Program.
2 (g) In accordance with, and if recommended in, the
3 adopted stormwater management plan, the county board may
4 adopt a schedule of fees as may be necessary to mitigate the
5 effects of increased stormwater runoff resulting from new
6 development. The fees shall not exceed the cost of
7 satisfying the onsite stormwater retention or detention
8 requirements of the adopted stormwater management plan. The
9 fees shall be used to finance activities undertaken by the
10 county or its included municipalities to mitigate the effects
11 of urban stormwater runoff by providing regional stormwater
12 retention or detention facilities, as identified in the
13 county plan. All such fees collected by the county shall be
14 held in a separate fund, and shall be expended only in the
15 watershed within which they were collected.
16 (h) For the purpose of implementing this Section and for
17 the development, design, planning, construction, operation
18 and maintenance of stormwater facilities provided for in the
19 stormwater management plan, a county board that has
20 established a stormwater management planning committee
21 pursuant to this Section may cause an annual tax of not to
22 exceed 0.20% of the value, as equalized or assessed by the
23 Department of Revenue, of all taxable property in the county
24 to be levied upon all the taxable property in the county.
25 The tax shall be in addition to all other taxes authorized by
26 law to be levied and collected in the county and shall be in
27 addition to the maximum tax rate authorized by law for
28 general county purposes. The 0.20% limitation provided in
29 this Section may be increased or decreased by referendum in
30 accordance with the provisions of Sections 18-120, 18-125,
31 and 18-130 of the Property Tax Code.
32 Any revenues generated as a result of ownership or
33 operation of facilities or land acquired with the tax funds
34 collected pursuant to this subsection (h) shall be held in a
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1 separate fund and be used either to abate such property tax
2 or for implementing this Section.
3 However, unless at least part of the county has been
4 declared after July 1, 1986 by presidential proclamation to
5 be a disaster area as a result of flooding, the tax
6 authorized by this subsection (h) shall not be levied until
7 the question of its adoption, either for a specified period
8 or indefinitely, has been submitted to the electors thereof
9 and approved by a majority of those voting on the question.
10 This question may be submitted at any election held in the
11 county after the adoption of a resolution by the county board
12 providing for the submission of the question to the electors
13 of the county. The county board shall certify the resolution
14 and proposition to the proper election officials, who shall
15 submit the proposition at an election in accordance with the
16 general election law. If a majority of the votes cast on the
17 question is in favor of the levy of the tax, it may
18 thereafter be levied in the county for the specified period
19 or indefinitely, as provided in the proposition. The question
20 shall be put in substantially the following form:
21 -------------------------------------------------------------
22 Shall an annual tax be levied
23 for stormwater management purposes YES
24 (for a period of not more than
25 ...... years) at a rate not exceeding ------------------
26 .....% of the equalized assessed
27 value of the taxable property of NO
28 ........ County?
29 -------------------------------------------------------------
30 (i) Upon the creation and implementation of a county
31 stormwater management plan, the county may petition the
32 circuit court to dissolve any or all drainage districts
33 created pursuant to the Illinois Drainage Code or predecessor
34 Acts which are located entirely within the area of the county
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1 covered by the plan.
2 However, any active drainage district implementing a plan
3 that is consistent with and at least as stringent as the
4 county stormwater management plan may petition the stormwater
5 management planning committee for exception from dissolution.
6 Upon filing of the petition, the committee shall set a date
7 for hearing not less than 2 weeks, nor more than 4 weeks,
8 from the filing thereof, and the committee shall give at
9 least one week's notice of the hearing in one or more
10 newspapers of general circulation within the district, and in
11 addition shall cause a copy of the notice to be personally
12 served upon each of the trustees of the district. At the
13 hearing, the committee shall hear the district's petition and
14 allow the district trustees and any interested parties an
15 opportunity to present oral and written evidence. The
16 committee shall render its decision upon the petition for
17 exception from dissolution based upon the best interests of
18 the residents of the district. In the event that the
19 exception is not allowed, the district may file a petition
20 within 30 days of the decision with the circuit court. In
21 that case, the notice and hearing requirements for the court
22 shall be the same as herein provided for the committee. The
23 court shall likewise render its decision of whether to
24 dissolve the district based upon the best interests of
25 residents of the district.
26 The dissolution of any drainage district shall not affect
27 the obligation of any bonds issued or contracts entered into
28 by the district nor invalidate the levy, extension or
29 collection of any taxes or special assessments upon the
30 property in the former drainage district. All property and
31 obligations of the former drainage district shall be assumed
32 and managed by the county, and the debts of the former
33 drainage district shall be discharged as soon as practicable.
34 If a drainage district lies only partly within a county
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1 that adopts a county stormwater management plan, the county
2 may petition the circuit court to disconnect from the
3 drainage district that portion of the district that lies
4 within that county. The property of the drainage district
5 within the disconnected area shall be assumed and managed by
6 the county. The county shall also assume a portion of the
7 drainage district's debt at the time of disconnection, based
8 on the portion of the value of the taxable property of the
9 drainage district which is located within the area being
10 disconnected.
11 The operations of any drainage district that continues to
12 exist in a county that has adopted a stormwater management
13 plan in accordance with this Section shall be in accordance
14 with the adopted plan.
15 (j) Any county that has adopted a county stormwater
16 management plan under this Section may, after 10 days written
17 notice to the owner or occupant, enter upon any lands or
18 waters within the county for the purpose of inspecting
19 stormwater facilities or causing the removal of any
20 obstruction to an affected watercourse. The county shall be
21 responsible for any damages occasioned thereby.
22 (k) Upon petition of the municipality, and based on a
23 finding of the stormwater management planning committee, the
24 county shall not enforce rules and regulations adopted by the
25 county in any municipality located wholly or partly within
26 the county that has a municipal stormwater management
27 ordinance that is consistent with and at least as stringent
28 as the county plan and ordinance, and is being enforced by
29 the municipal authorities.
30 (l) A county may issue general obligation bonds for
31 implementing any stormwater plan adopted under this Section
32 in the manner prescribed in Section 5-1012; except that the
33 referendum requirement of Section 5-1012 shall not apply to
34 bonds issued pursuant to this Section on which the principal
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1 and interest are to be paid entirely out of funds generated
2 by the taxes and fees authorized by this Section.
3 (m) The powers authorized by this Section may be
4 implemented by the county board for a portion of the county
5 subject to similar stormwater management needs.
6 (n) The powers and taxes authorized by this Section are
7 in addition to the powers and taxes authorized by Division
8 5-15; in exercising its powers under this Section, a county
9 shall not be subject to the restrictions and requirements of
10 that Division.
11 (o) Pursuant to paragraphs (g) and (i) of Section 6 of
12 Article VII of the Illinois Constitution, this Section
13 specifically denies and limits the exercise of any power
14 which is inconsistent herewith by home rule units in any
15 county with a population of less than 2,000,000 1,500,000 in
16 the area served by the Northeastern Illinois Planning
17 Commission. This Section does not prohibit the concurrent
18 exercise of powers consistent herewith.
19 (Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96.)
20 (55 ILCS 5/5-1064) (from Ch. 34, par. 5-1064)
21 Sec. 5-1064. Buildings in certain counties of less than
22 2,000,000 1,000,000 population. The county board in any
23 county with a population not in excess of 2,000,000 1,000,000
24 located in the area served by the Northeastern Illinois
25 Metropolitan Area Planning Commission may prescribe by
26 resolution or ordinance reasonable rules and regulations (a)
27 governing the construction and alteration of all buildings
28 and structures and parts and appurtenances thereof and
29 governing the maintenance thereof in a condition reasonably
30 safe from the hazards of fire, explosion, collapse, contagion
31 and the spread of infectious disease, but any such resolution
32 or ordinance shall be subject to any rule or regulation now
33 or hereafter adopted by the State Fire Marshal pursuant to
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1 "An Act to regulate the storage, transportation, sale and use
2 of gasoline and volatile oils", approved June 28, 1919, as
3 amended, (b) for prohibiting the use for residential purposes
4 of buildings and structures already erected or moved into
5 position which do not comply with such rules and regulations,
6 and (c) for the restraint, correction and abatement of any
7 violations. However, the county shall exempt all
8 municipalities located wholly or partly within the county
9 where the municipal building code is equal to the county
10 regulation and where the local authorities are enforcing the
11 municipal building code. Such rules and regulations shall be
12 applicable throughout the county but this Section shall not
13 be construed to prevent municipalities from establishing
14 higher standards nor shall such rules and regulations apply
15 to the construction or alteration of buildings and structures
16 used or to be used for agricultural purposes and located upon
17 a tract of land which is zoned and used for agricultural
18 purposes.
19 In the adoption of rules and regulations under this
20 Section the county board shall be governed by the publication
21 and posting requirements set out in Section 5-1063.
22 Violation of any rule or regulation adopted pursuant to
23 this Section shall be deemed a petty offense.
24 All rules and regulations enacted by resolution or
25 ordinance under the provisions of this Section shall be
26 enforced by such officer of the county as may be designated
27 by resolution of the county board.
28 (Source: P.A. 86-962.)
29 (55 ILCS 5/5-1067) (from Ch. 34, par. 5-1067)
30 Sec. 5-1067. Names of streets and highways; numbers of
31 buildings and lots. A county board may name or may change the
32 name of any street, lane, road or highway and may regulate
33 the numbering of buildings and lots adjacent to any street,
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1 lane, road or highway in the unincorporated area of the
2 county.
3 In counties under 2,000,000 1,000,000 population, a
4 county board may name or change the name of any road in the
5 county highway system or any trail under its jurisdiction.
6 (Source: P.A. 88-387.)
7 (55 ILCS 5/5-1074) (from Ch. 34, par. 5-1074)
8 Sec. 5-1074. Surveys in counties of less than 2,000,000
9 1,000,000. In counties of less than 2,000,000 1,000,000
10 inhabitants, a county board may employ and fix the
11 compensation for any person, firm or corporation for the
12 purposes of conducting all necessary surveys and performing
13 all appropriate acts with a view to obtaining the location of
14 commercial enterprises in the employing county. Such person,
15 firm or corporation shall serve at the pleasure of the County
16 Board.
17 "Commercial enterprise" means any industrial, service,
18 retail or wholesale organization of any kind and any other
19 undertaking likely to be beneficial by its presence and
20 operation.
21 (Source: P.A. 86-962.)
22 (55 ILCS 5/5-1084) (from Ch. 34, par. 5-1084)
23 Sec. 5-1084. Regulation of water craft. In a county
24 having less than 2,000,000 1,000,000 population, in public
25 waters not under the jurisdiction of any municipality, the
26 county board may regulate all water craft in a manner not
27 inconsistent with the provisions of the "Boat Registration
28 and Safety Act", as now or hereafter amended.
29 (Source: P.A. 86-962.)
30 (55 ILCS 5/5-1085) (from Ch. 34, par. 5-1085)
31 Sec. 5-1085. Ambulances. In counties of 2,000,000
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1 1,000,000 or more inhabitants, a county board may license and
2 regulate ambulances and ambulance drivers, attendants and
3 equipment.
4 (Source: P.A. 86-962.)
5 (55 ILCS 5/5-1101) (from Ch. 34, par. 5-1101)
6 Sec. 5-1101. Additional fees to finance court system. A
7 county board may enact by ordinance or resolution the
8 following fees:
9 (a) A $5 fee to be paid by the defendant on a judgment
10 of guilty or a grant of supervision for violation of the
11 Illinois Vehicle Code other than Section 11-501 or violations
12 of similar provisions contained in county or municipal
13 ordinances committed in the county, and up to a $30 fee to be
14 paid by the defendant on a judgment of guilty or a grant of
15 supervision for violation of Section 11-501 of the Illinois
16 Vehicle Code or a violation of a similar provision contained
17 in county or municipal ordinances committed in the county.
18 (b) In the case of a county having a population of
19 2,000,000 1,000,000 or less, a $5 fee to be collected in all
20 civil cases by the clerk of the circuit court.
21 (c) A fee to be paid by the defendant on a judgment of
22 guilty or a grant of supervision under Section 5-9-1 of the
23 Unified Code of Corrections, as follows:
24 (1) for a felony, $50;
25 (2) for a class A misdemeanor, $25;
26 (3) for a class B or class C misdemeanor, $15;
27 (4) for a petty offense, $10;
28 (5) for a business offense, $10.
29 (d) A $100 fee for the second and subsequent violations
30 of Section 11-501 of the Illinois Vehicle Code or violations
31 of similar provisions contained in county or municipal
32 ordinances committed in the county. The proceeds of this fee
33 shall be placed in the county general fund and used to
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1 finance education programs related to driving under the
2 influence of alcohol or drugs.
3 (e) The proceeds of all fees enacted under this Section
4 shall, except as provided in subsection (d), be placed in the
5 county general fund and used to finance the court system in
6 the county, unless the fee is subject to disbursement by the
7 circuit clerk as provided under Section 27.5 of the Clerks of
8 Courts Act.
9 (Source: P.A. 87-670; 87-1075; 87-1230; 88-45.)
10 (55 ILCS 5/5-1103.1) (from Ch. 34, par. 5-1103.1)
11 Sec. 5-1103.1. Contract for police protection. In
12 counties having fewer than 2,000,000 1,000,000 inhabitants,
13 the county board may contract, with advice and consent of the
14 sheriff in the county in which the request for contract
15 services is made, based upon a determination of law
16 enforcement needs of the area in which contract services are
17 sought, with one or more incorporated municipalities lying
18 wholly or partly within the county to furnish police
19 protection in the area of the county that is not within the
20 incorporated area of any municipality having a regular police
21 department.
22 (Source: P.A. 91-633, eff. 12-1-99.)
23 (55 ILCS 5/5-1108) (from Ch. 34, par. 5-1108)
24 Sec. 5-1108. Additional duties of recorder in counties of
25 less than 2,000,000 1,000,000. In counties with a population
26 of less than 2,000,000 1,000,000, the county board, by
27 ordinance or resolution, may authorize the recorder to (a)
28 establish a map making department with sole authority over
29 the preparation, maintenance and designation of all maps
30 required for use by the county, including but not limited to,
31 those maps required for assessment purposes; (b) establish a
32 permanent real estate index number system; or (c) prepare and
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1 maintain up-to-date lists of property owners names and
2 addresses.
3 (Source: P.A. 86-962.)
4 (55 ILCS 5/5-1109) (from Ch. 34, par. 5-1109)
5 Sec. 5-1109. Assessment maps in counties of less than
6 2,000,000 1,000,000. The county board of any county having a
7 population of less than 2,000,000 1,000,000 inhabitants may
8 whenever in the opinion of the board it becomes necessary,
9 retain the services of a surveyor who shall be registered
10 under the provisions of the Illinois Professional Land
11 Surveyor Act of 1989, as amended, or a person experienced in
12 the preparation of assessment maps or plats, to prepare
13 assessment maps or plats of all or any part of the real
14 property in any or all of the townships in such county. Such
15 maps shall show each separately assessed parcel of real
16 estate together with the area thereof. Subdivided property in
17 recorded plats shall be given the same designation as is
18 contained in the plat recorded, except that the surveyor may
19 designate by letter or number any assessed parcel within such
20 recorded plat which cannot be identified without describing
21 it by metes and bounds. Assessed parcels not within recorded
22 plats shall be designated by lot numbers or letters. The
23 county board in each county may make such further regulations
24 concerning this work as are deemed necessary. A copy of the
25 books containing such maps or plats shall be filed with the
26 county assessor or supervisor of assessments, with the
27 recorder and with the county clerk, and a copy of the maps or
28 plats for each township shall be filed with the assessor of
29 such township, all of whom shall maintain and preserve these
30 copies subject to the provisions of the Local Records Act, as
31 amended. Upon the filing of the books as aforesaid, the
32 county clerk, the township or county assessor, the supervisor
33 of assessments, the board of review, and all other persons
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1 whose duty it is to assess property within the area covered
2 by the maps, shall, beginning with the next quadrennial
3 assessment year as set forth in Section 9-95 of the Property
4 Tax Code, assess the parcels of land by identifying them in
5 accordance with the description and designation set forth in
6 such assessment map or maps. All maps filed in accordance
7 herewith shall be designated as "Supervisors' Assessment Maps
8 .... Township".
9 In any county adopting the provisions of this Section, a
10 surveyor, who shall be registered under the provisions of the
11 Illinois Professional Land Surveyor Act of 1989, as amended,
12 or a person experienced in the preparation of assessment maps
13 or plats, shall be retained by the county board and shall
14 prepare supplemental or correction maps showing all changes
15 in assessment descriptions made subsequent to the preceding
16 maps and prior to November 15 of the year preceding each
17 quadrennial assessment year. Supplemental or correction maps
18 shall be prepared only of those pages upon which corrections
19 or changes are to be made and shall conform to the original
20 maps filed except as to such changes. Copies of such
21 supplemental or correction maps or pages, properly indexed
22 and identified, shall be bound in one volume, if practical;
23 shall be filed in the same manner as is herein provided for
24 copies of the original maps; and shall be known as
25 "Supplemental Supervisors' Assessment Maps for the year
26 (insert year)".
27 The expense of making such maps or plats and copies
28 thereof shall be borne by the county.
29 (Source: P.A. 91-357, eff. 7-29-99.)
30 (55 ILCS 5/5-1115) (from Ch. 34, par. 5-1115)
31 Sec. 5-1115. Food service establishments.
32 (a) The county board of any county having a population
33 of 2,000,000 1,000,000 or more inhabitants may license and
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1 regulate and impose license fees on all food service
2 establishments in the county except those food service
3 establishments which are located within any city, village or
4 incorporated town in such county not including, however,
5 establishments where food is sold only as merchandise and not
6 prepared to be consumed on the premises.
7 (b) The county board of any county having a population
8 of less than 2,000,000 1,000,000 inhabitants and having a
9 health department created under Division 5-25 may license and
10 regulate and impose license fees on all food service
11 establishments within both the incorporated and
12 unincorporated areas of the county which fall within the
13 jurisdiction of that health department as set forth in
14 Section 5-25008.
15 (c) The license fees which may be imposed under this
16 Section must be reasonably related to the cost of inspecting
17 and regulating the food service establishments. License fees
18 for food establishments operated by a unit of local
19 government, school district, or not-for-profit organization
20 may be waived by ordinance of the county board.
21 (Source: P.A. 86-962; 86-1028.)
22 (55 ILCS 5/5-7001) (from Ch. 34, par. 5-7001)
23 Sec. 5-7001. Tax for maintaining public nonsectarian
24 hospitals. Each county board, subject to the provisions of
25 Section 5-7002, has power to levy a tax of not to exceed
26 .25%, or the rate limit in effect on July 1, 1967, whichever
27 is greater, of the value, as equalized or assessed by the
28 Department of Revenue, annually on all taxable property of
29 the county, for the purpose of maintaining public
30 nonsectarian hospitals located in the county. Such tax shall
31 be levied and collected in like manner as the general taxes
32 of the county, and shall, when collected, be paid into the
33 "Hospital Fund", which fund is hereby created. Such tax shall
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1 be in addition to all other taxes which the county is now, or
2 hereafter may be, authorized to levy on the aggregate
3 valuation of the property within the county and shall not be
4 included in any tax limitation of rate upon which taxes are
5 required to be extended but shall be excluded therefrom and
6 in addition thereto. The foregoing limitations upon tax
7 rates, insofar as they are applicable to counties of less
8 than 2,000,000 1,000,000 population, may be increased or
9 decreased under the referendum provisions of the General
10 Revenue Law of Illinois.
11 For the purposes of this Division the words, "public
12 nonsectarian hospital", shall be construed to include
13 community hospitals operated on a non-profit basis, which are
14 required by the terms of any contract to receive and care for
15 acutely ill patients up to 25 per cent of the service
16 rendered by such hospital expressed in terms of patient-days,
17 regardless of whether the hospital receives compensation from
18 such patients for the services rendered.
19 (Source: P.A. 86-962.)
20 (55 ILCS 5/5-12007) (from Ch. 34, par. 5-12007)
21 Sec. 5-12007. Zoning commission; proposed ordinance. The
22 county board in counties which desire to exercise the powers
23 conferred by this Division shall provide for a zoning
24 commission of not less than 3 nor more than 9 members whose
25 duty it shall be to recommend the boundaries of districts and
26 appropriate regulations to be enforced therein, such
27 commission to be appointed by the chairman or president of
28 the county board, subject to confirmation by the county
29 board. The members of the zoning commission shall be
30 compensated on a per diem basis with a mileage allowance for
31 travel, the amounts to be determined by the county board.
32 Such commission shall prepare a tentative report and a
33 proposed zoning ordinance or resolution for the entire county
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1 outside the limits of cities, villages and incorporated towns
2 which have in effect municipal zoning ordinances. After the
3 preparation of such tentative report and ordinance or
4 resolution, the commission shall hold hearings thereon and
5 shall afford persons interested an opportunity to be heard.
6 A hearing shall be held in each township or road district
7 affected by the terms of such proposed ordinance or
8 resolution. Notice of each hearing shall be published at
9 least 15 days in advance thereof in a newspaper of general
10 circulation published in the township or road district in
11 which such property is located. If no newspaper is published
12 in such township or road district, then such notice shall be
13 published in a newspaper of general circulation published in
14 the county and having circulation where such property is
15 located. Such notice shall state the time and place of the
16 hearing and the place where copies of the proposed ordinance
17 or resolution will be accessible for examination by
18 interested parties. Such hearings may be adjourned from time
19 to time. If any municipality having a zoning ordinance
20 wishes to protest the proposed county zoning provisions for
21 the area within one and one-half miles of its corporate
22 limits, it shall appear at a hearing and submit in writing
23 specific proposals to the commission for zoning such
24 territory. If the Board of Trustees of any township located
25 in a county with a population of less than 2,000,000
26 1,000,000 wishes to protest the proposed zoning of property
27 in the unincorporated area of the township, it shall appear
28 at a hearing and submit in writing specific proposals to the
29 commission for zoning such territory. If the commission
30 approves of such proposals they shall be incorporated within
31 the report of the commission and its proposed ordinance.
32 Within 30 days after the final adjournment of such
33 hearings the commission shall make a final report and submit
34 a proposed ordinance or resolution to the county board. The
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1 county board may enact the ordinance or resolution with or
2 without change, or may refer it back to the commission for
3 further consideration. If a township located within a county
4 with a population of less than 600,000 has a plan commission
5 and the plan commission objects to the proposed zoning of
6 property in the unincorporated areas of the township, the
7 township board of trustees may submit its written objections
8 to the county board within 30 days after the submission of a
9 proposed zoning ordinance or resolution by the County Zoning
10 Commission to the county board. In such case, the county
11 board shall not adopt zoning provisions which affect the
12 unincorporated areas of the township, except by the favorable
13 vote of 3/4 of all the members of the county board. If the
14 proposals made by a municipality as provided above in this
15 Section are not incorporated in their entirety into the
16 ordinance proposed to be enacted by the county board, the
17 county board shall not enact the proposed zoning of such area
18 within one and one-half miles of such municipality except by
19 a three-fourths vote of all members. The zoning commission
20 shall cease to exist, upon the adoption of a zoning ordinance
21 or resolution for such county.
22 In the preparation of its report and proposed zoning
23 ordinance or resolution the commission may incur such
24 expenditures as shall be authorized by the county board. The
25 provisions of the amendatory Act of 1963 (Laws 1963, p. 297)
26 shall apply only to the initial and original proposed county
27 zoning ordinance and shall not apply to any subsequent
28 amendments or revisions of such county zoning ordinance once
29 adopted or to the supplanting of such county zoning ordinance
30 with an entirely new zoning ordinance; provided, that any
31 zoning ordinance or resolution heretofore enacted which
32 excludes municipalities subject to regulation shall be
33 amended or modified, in the manner hereinabove prescribed for
34 original enactment, to make provision to include any such
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1 municipality.
2 Appeals from final zoning decisions of the County Board
3 must be filed within one year unless a shorter filing period
4 is required by another law.
5 (Source: P.A. 89-272, eff. 8-10-95.)
6 (55 ILCS 5/5-12010) (from Ch. 34, par. 5-12010)
7 Sec. 5-12010. Board of Appeals. The presiding officer of
8 the county board with the advice and consent of the county
9 board shall appoint a board of appeals consisting of 5
10 members and may appoint 2 alternate members, the 5 members to
11 serve respectively for the following terms: one for one year,
12 one for 2 years, one for 3 years, one for 4 years and one for
13 5 years; and the alternate members to serve respectively for
14 4 years and 5 years. The successor to each member so
15 appointed shall serve for a term of 5 years. Alternate
16 members, if appointed, shall serve as members of the board
17 only in the absence of regular members, with the alternate
18 member who has the greatest amount of time remaining in his
19 or her term to have priority over the other alternate member
20 in determining which alternate member shall serve in the
21 absence of a regular member. In counties of less than
22 2,000,000 1,000,000 population the presiding officer of the
23 county board with the advice and consent of the county board
24 may appoint an additional 2 members to serve for a term of 5
25 years. At the end of the term of the 2 additional members,
26 the county board may provide for the appointment of
27 successors in the same manner or may allow the board of
28 appeals to revert to a membership of 5. One of the members so
29 appointed shall be named as chairman at the time of his
30 appointment, and in case of vacancy the appointing power
31 shall designate a chairman. All members of a board of appeals
32 shall be residents of separate townships at the time of their
33 appointments, except that in counties containing fewer than 5
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1 townships, or fewer than 7 townships if the county board has
2 provided for the appointment of 2 additional members, that
3 limitation shall not be applicable. The appointing authority
4 shall have the power to remove any member of the board for
5 cause, after public hearing. Vacancies shall be filled by the
6 appointing authority for the unexpired term of any member
7 whose place has become vacant. The members of the board of
8 appeals shall be compensated on a per diem basis with a
9 mileage allowance for travel, the amounts to be determined by
10 the county board. All meetings of the board of appeals shall
11 be held at the call of the chairman and at such times and
12 places within the county as the board may determine. The
13 chairman, or in his absence the acting chairman may
14 administer oaths and compel the attendance of witnesses. All
15 meetings of the board shall be open to the public. The board
16 shall keep minutes of its proceedings, showing the vote of
17 each member upon every question, or if absent or failing to
18 vote, indicating such fact, and shall also keep records of
19 its examinations and other official actions. Every rule,
20 regulation, every amendment or repeal thereof, and every
21 order, requirement, decision or determination of the board
22 shall immediately be filed in the office of the board and
23 shall be a public record. In the performance of its duties
24 the board of appeals may incur such expenditures as are
25 authorized by the county board.
26 (Source: P.A. 89-217, eff. 1-1-96.)
27 (55 ILCS 5/5-21001) (from Ch. 34, par. 5-21001)
28 Sec. 5-21001. Establishment and maintenance of county
29 home. In any county which establishes and maintains a county
30 sheltered care home or a county nursing home for the care of
31 infirm or chronically ill persons, as provided in Section
32 5-1005, the County Board shall have power:
33 1. To acquire in the name of the county by purchase,
-93- LRB9109070DJcd
1 grant, gift, or legacy, a suitable tract or tracts of land
2 upon which to erect and maintain the home, and in connection
3 therewith a farm or acreage for the purpose of providing
4 supplies for the home and employment for such patients as are
5 able to work and benefit thereby.
6 The board shall expend not more than $20,000 for the
7 purchase of any such land or the erection of buildings
8 without a 2/3 vote of all its members in counties of 300,000
9 or more population, or a favorable vote of at least a
10 majority of all its members in counties under 300,000
11 population.
12 2. To receive in the name of the county, gifts and
13 legacies to aid in the erection or maintenance of the home.
14 3. To appoint a superintendent and all necessary
15 employees for the management and control of the home and to
16 prescribe their compensation and duties.
17 4. To arrange for physicians' services and other medical
18 care for the patients in the home and prescribe the
19 compensation and duties of physicians so designated.
20 5. To control the admission and discharge of patients in
21 the home.
22 6. To fix the rate per day, week, or month which it will
23 charge for care and maintenance of the patients. Rates so
24 established may vary according to the amount of care
25 required, but the rates shall be uniform for all persons or
26 agencies purchasing care in the home except rates for persons
27 who are able to purchase their own care may approximate
28 actual cost.
29 7. To make all rules and regulations for the management
30 of the home and of the patients therein.
31 8. To make appropriations from the county treasury for
32 the purchase of land and the erection of buildings for the
33 home, and to defray the expenses necessary for the care and
34 maintenance of the home and for providing maintenance,
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1 personal care and nursing services to the patients therein,
2 and to cause an amount sufficient for those purposes to be
3 levied upon the taxable property of the counties and
4 collected as other taxes and further providing that in
5 counties with a population of not more than 2,000,000
6 1,000,000 to levy and collect annually a tax of not to exceed
7 .1% of the value, as equalized or assessed by the Department
8 of Revenue, of all the taxable property in the county for
9 these purposes. The tax shall be in addition to all other
10 taxes which the county is authorized to levy on the aggregate
11 valuation of the property within the county and shall not be
12 included in any limitation of the tax rate upon which taxes
13 are required to be extended, but shall be excluded therefrom
14 and in addition thereto. The tax shall be levied and
15 collected in like manner as the general taxes of the county,
16 and when collected, shall be paid into a special fund in the
17 county treasury and used only as herein authorized. No such
18 tax shall be levied or increased from a rate lower than the
19 maximum rate in any such county until the question of levying
20 such tax has first been submitted to the voters of such
21 county at an election held in such county, and has been
22 approved by a majority of such voters voting thereon. The
23 corporate authorities shall certify the question of levying
24 such tax to the proper election officials, who shall submit
25 the question to the voters at an election held in accordance
26 with the general election law.
27 The proposition shall be in substantially the following
28 form:
29 -------------------------------------------------------------
30 Shall ........ County be authorized
31 to levy and collect a tax at a rate not YES
32 to exceed .1% for the purpose of -------------------
33 ........ (purchasing, maintaining) a NO
34 county nursing home?
-95- LRB9109070DJcd
1 -------------------------------------------------------------
2 If a majority of votes cast on the question are in favor,
3 the county shall be authorized to levy the tax.
4 If the county has levied such tax at a rate lower than
5 the maximum rate set forth in this Section, the county board
6 may increase the rate of the tax, but not to exceed such
7 maximum rate, by certifying the proposition of such increase
8 to the proper election officials for submission to the voters
9 of the county at a regular election in accordance with the
10 general election law. The proposition shall be in
11 substantially the following form:
12 -------------------------------------------------------------
13 Shall the maximum rate
14 of the tax levied by........ YES
15 County for the purpose of.......
16 (purchasing, maintaining) a ----------------------------
17 county nursing home be
18 increased from........ to NO
19 ........ (not to exceed .1%)
20 -------------------------------------------------------------
21 If a majority of all the votes cast upon the proposition
22 are in favor thereof, the county board may levy the tax at a
23 rate not to exceed the rate set forth in this Section.
24 9. Upon the vote of a 2/3 majority of all the members of
25 the board, to sell, dispose of or lease for any term, any
26 part of the home properties in such manner and upon such
27 terms as it deems best for the interest of the county, and to
28 make and execute all necessary conveyances thereof in the
29 same manner as other conveyances of real estate may be made
30 by a county. However, if the home was erected after
31 referendum approval by the voters of the county, it shall not
32 be sold or disposed of except after referendum approval
33 thereof by a majority of the voters of the county voting
34 thereon.
-96- LRB9109070DJcd
1 If the home was erected after referendum approval by the
2 voters of the county, the county nursing home may be leased
3 upon the vote of a 3/5 majority of all the members of the
4 board.
5 10. To operate a sheltered care home as a part of a
6 county nursing home provided that a license to do so is
7 obtained pursuant to the Nursing Home Care Act, as amended.
8 (Source: P.A. 89-185, eff. 1-1-96.)
9 (55 ILCS 5/5-23001) (from Ch. 34, par. 5-23001)
10 Sec. 5-23001. Establishment of tuberculosis sanitarium.
11 The county board of each county of this State shall have the
12 power in the manner hereinafter provided, to establish and
13 maintain a county tuberculosis sanitarium, and branches,
14 dispensaries, and other auxiliary institutions connected with
15 the same, within the limits of such county, for the use and
16 benefit of the inhabitants thereof, for the treatment and
17 care of persons afflicted with tuberculosis, and shall have
18 the power to levy a tax, subject to such further limitation
19 as may be occasioned by the issuance of bonds as hereinafter
20 provided, not to exceed .075 per cent of the value, as
21 equalized or assessed by the Department of Revenue, annually
22 on all taxable property of such county, such tax to be levied
23 and collected in like manner with the general taxes of such
24 county, and to form, when collected, a fund to be known as
25 the "Tuberculosis Sanitarium Fund", which tax shall be in
26 addition to all other taxes which such county is now, or
27 hereafter may be, authorized to levy on the aggregate
28 valuation of all property within such county, and the county
29 clerk, in reducing tax levies under the provisions of Section
30 18-165 of the Property Tax Code, shall not consider the tax
31 for such tuberculosis sanitarium fund, authorized by this
32 Division, as a part of the general tax levy for county
33 purposes, and shall not include the same in the limitation of
-97- LRB9109070DJcd
1 one percent of the assessed valuation upon which taxes are
2 required to be extended. In order to secure greater working
3 efficiency any county maintaining a tuberculosis sanitarium
4 may convey the property acquired for such purpose, or any
5 part thereof, or any interest therein, to any other county or
6 counties adjacent thereto upon such terms and conditions as
7 the respective county boards thereof shall agree on by a
8 majority vote of all the members of each of the county
9 boards. The foregoing limitations upon tax rates, insofar as
10 they are applicable to counties of less than 2,000,000
11 1,000,000 population, may be increased or decreased under the
12 referendum provisions of the General Revenue Law of Illinois.
13 No money received from taxes authorized to be levied
14 under this Division shall be used for care and treatment of
15 the convalescent or chronically ill.
16 (Source: P.A. 88-670, eff. 12-2-94.)
17 (55 ILCS 5/5-23006) (from Ch. 34, par. 5-23006)
18 Sec. 5-23006. Referendum; joint facilities. When 100
19 legal voters of any county shall present a petition, to the
20 County Board of such county asking that an annual tax may be
21 levied for the establishment and maintenance of a county
22 tuberculosis sanitarium in such county, such County Board
23 shall certify the proposition to the proper election
24 officials, who shall submit the proposition at an election in
25 accordance with the general election law. At such election
26 every elector may vote for or against the levy of a tax for
27 the establishment and maintenance of a county tuberculosis
28 sanitarium. The proposition shall be in substantially the
29 following form:
30 -------------------------------------------------------------
31 Shall an annual tax of not to
32 exceed .075 % of the value as YES
33 equalized or assessed by the
-98- LRB9109070DJcd
1 Department of Revenue for the -----------------------
2 establishment and maintenance of
3 a county tuberculosis sanitarium NO
4 be levied?
5 -------------------------------------------------------------
6 If a majority of all the votes cast upon the proposition
7 shall be for the levy of a tax for a county tuberculosis
8 sanitarium the County Board of such county shall thereafter
9 annually levy a tax of not to exceed .075 per cent of the
10 value, as equalized or assessed by the Department of Revenue,
11 which tax shall be collected in like manner with other
12 general taxes in such county and shall be known as the
13 "Tuberculosis Sanitarium Fund", and thereafter the County
14 Board of such county shall in the annual appropriation bill,
15 appropriate from such fund such sum or sums of money as may
16 be deemed necessary to defray all necessary expenses and
17 liabilities of such county tuberculosis sanitarium.
18 If a county has adopted a proposition for the levy of a
19 tax of not to exceed one mill on the dollar for a county
20 tuberculosis sanitarium such tax shall after January 1, 1946
21 be extended at a rate not to exceed .05 per cent of the
22 value, as equalized or assessed by the Department of Revenue,
23 but may be increased to not to exceed .075 per cent of the
24 value, as equalized or assessed by the Department of Revenue,
25 by ordering the submission of the proposition to increase
26 such tax to the voters of such county at any regular election
27 in accordance with the general election law; provided that if
28 a county has adopted, prior to January 1, 1946, a proposition
29 for the levy of a tax of not to exceed 1 1/2 mills on the
30 dollar for a county tuberculosis sanitarium, such tax shall
31 after January 1, 1946 be extended at a rate not to exceed
32 .075 per cent of the value, as equalized or assessed by the
33 Department of Revenue.
34 The foregoing limitations upon tax rates, insofar as they
-99- LRB9109070DJcd
1 are applicable to counties of less than 2,000,000 1,000,000
2 population, may be increased or decreased under the
3 referendum provisions of the General Revenue Law of Illinois.
4 The County boards of any 2 or more adjoining counties
5 each having a population of less than 2,000,000 1,000,000
6 inhabitants may hereafter by agreement provide for the joint
7 construction, maintenance and control of a tuberculosis
8 sanitarium. Such agreement shall specify the site of the
9 proposed sanitarium and the proportionate share of the cost
10 of construction and the cost of maintenance which shall be
11 borne by each of such counties. The proposition for such
12 joint construction, maintenance and control shall be
13 submitted to the voters of each such county at the next
14 succeeding regular election in such county and shall state
15 the proposed site of such sanitarium and the proportionate
16 share of the cost of construction and maintenance to be borne
17 by the respective counties concerned. Each county board shall
18 certify the proposition to the proper election officials who
19 shall submit the proposition at said election in accordance
20 with the general election law. If such proposition is
21 approved by a majority of the voters in each of such counties
22 voting upon the proposition, the presiding officer of the
23 county board of each county, with the advice and consent of
24 that county board, shall appoint 3 directors. The
25 qualifications, terms of office and removal of the directors
26 appointed in each such county shall be as provided in
27 Sections 5-23007 and 5-23008 and vacancies shall be filled in
28 the manner provided in Section 5-23009. The directors so
29 appointed by the several counties shall constitute a joint
30 board of directors for the control and management of the
31 tuberculosis sanitarium. The joint board of directors shall
32 exercise the powers and be subject to the duties prescribed
33 in this Division for boards of directors of tuberculosis
34 sanitaria. The county board of each of the counties shall
-100- LRB9109070DJcd
1 annually levy the tax herein provided, and may issue bonds as
2 provided in this paragraph, for the purpose of defraying its
3 proportionate share of the cost of construction and
4 maintenance of the tuberculosis sanitarium.
5 If any county shall issue bonds as hereinafter provided,
6 then so long as taxes are required to be levied and extended
7 to pay the principal of and interest on such bonds, the rate
8 extended in any year for the benefit of the tuberculosis
9 sanitarium fund shall be limited to the amount by which .075
10 per cent of the value, as equalized or assessed by the
11 Department of Revenue, exceeds the rate extended in such year
12 to pay such principal of and interest on such bonds.
13 (Source: P.A. 91-357, eff. 7-29-99.)
14 (55 ILCS 5/5-25003) (from Ch. 34, par. 5-25003)
15 Sec. 5-25003. Election on establishment of county health
16 department and annual levy of additional tax. Whenever a
17 petition signed by voters representing not less than 10% of
18 the votes cast at the last preceding general election of any
19 county is presented to the county clerk requesting the
20 establishment and maintenance of a county health department
21 and the levy therefor, in excess of the statutory limit, of
22 an additional annual tax of not to exceed .1% of the value,
23 as equalized or assessed by the Department of Revenue, of all
24 taxable property of the county, the county clerk shall
25 certify the proposition for submission at an election in
26 accordance with the general election law, and the proposition
27 shall be so submitted. The proposition shall be in
28 substantially the following form:
29 -------------------------------------------------------------
30 Shall.... county levy
31 an annual tax of not to YES
32 exceed .1% for the purpose -----------------------------
33 of providing community health NO
-101- LRB9109070DJcd
1 facilities and services?
2 -------------------------------------------------------------
3 If a majority of all votes cast upon the proposition is
4 in favor thereof, the county board shall immediately proceed
5 to establish a health department. In any county in which a
6 county health department was established by a referendum
7 prior to January 1, 1970, the county board may, by resolution
8 and without subsequent referendum, levy a tax at a rate not
9 to exceed the rate set forth in Section 5-25010. However, any
10 levy in excess of .05% shall be approved by at least a
11 three-fifths vote of the county board. The foregoing
12 limitations upon tax rates, insofar as they are applicable to
13 counties of less than 2,000,000 1,000,000 population, may be
14 increased or decreased under the referendum provisions of the
15 General Revenue Law of Illinois.
16 (Source: P.A. 86-962.)
17 (55 ILCS 5/5-25004) (from Ch. 34, par. 5-25004)
18 Sec. 5-25004. Election on establishment of
19 multiple-county health department and annual levy of
20 additional tax. Whenever a petition signed by voters
21 representing not less than 10% of the votes cast at the last
22 preceding general election in each of two or more adjacent
23 counties is presented to their respective county clerks
24 requesting the establishment and maintenance of a
25 multiple-county health department and the levy therefor, in
26 excess of the statutory limit, of an additional annual tax in
27 each county of not to exceed .1% of the value, as equalized
28 or assessed by the Department of Revenue, of all taxable
29 property of the county, each county clerk shall certify the
30 proposition to the county clerk of each of the other counties
31 mentioned in the petition. Each such county clerk in
32 accordance with the general election law shall make
33 certification to any board of election commissioners in his
-102- LRB9109070DJcd
1 county and shall submit the proposition to the voters at an
2 election. If the petitions are so presented in 4 or more
3 counties, the approval of the State Department of Public
4 Health as provided in Section 5-25001, shall be obtained
5 prior to the giving of notice. The proposition shall be in
6 substantially the following form:
7 -------------------------------------------------------------
8 Shall.... counties levy an
9 annual tax of not to exceed .1% YES
10 for the purpose of providing health -------------------------
11 facilities and services in their NO
12 respective counties?
13 -------------------------------------------------------------
14 If a majority of all votes cast upon the proposition in
15 each county is in favor thereof, the several county boards
16 shall immediately proceed to organize a multiple-county
17 health department and shall agree concerning the conditions
18 governing the organization and operation of the department
19 and for the apportionment of the cost thereof. In any county
20 in which a multiple county health department was established
21 and organized by a referendum prior to January 1, 1970, the
22 county board may, by resolution and without subsequent
23 referendum, levy a tax at a rate not to exceed the rate set
24 forth in Section 5-25010. However, any levy in excess of .05%
25 shall be approved by at least a three-fifths vote of the
26 county board. The foregoing limitations upon tax rates,
27 insofar as they are applicable to counties of less than
28 2,000,000 1,000,000 population, may be increased or decreased
29 under the referendum provisions of the General Revenue Law of
30 Illinois.
31 (Source: P.A. 86-962.)
32 (55 ILCS 5/5-25025) (from Ch. 34, par. 5-25025)
33 Sec. 5-25025. Mental health program. If the county board
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1 of any county having a population of less than 2,000,000
2 1,000,000 inhabitants and maintaining a county health
3 department under this Division desires the inclusion of a
4 mental health program in that county health department and
5 the authority to levy the tax provided for in subsection (c)
6 of this Section, the county board shall certify that question
7 to the proper election officials, who shall submit the
8 proposition at an election in accordance with the general
9 election law. The proposition shall be in substantially the
10 following form:
11 -------------------------------------------------------------
12 Shall ...........County include
13 a mental health program in the YES
14 county health department, and
15 levy an annual tax of not to exceed ----------------------
16 .05% of the value of all taxable
17 property for use for mental health
18 purposes by the county health NO
19 department?
20 -------------------------------------------------------------
21 If a majority of the electors voting at that election
22 vote in favor of the proposition, the county board may
23 include the mental health program in the county health
24 department and may, annually, levy the additional tax for
25 mental health purposes. All mental health facilities provided
26 shall be available to all citizens of the county, but the
27 county health board may vary any charges for services
28 according to ability to pay.
29 When the inclusion of a mental health program has been
30 approved:
31 (a) To the extent practicable, at least one member of
32 the County Board of Health, under Section 5-25012, shall be a
33 person certified by The American Board of Psychiatry and
34 Neurology professionally engaged in the field of mental
-104- LRB9109070DJcd
1 health and licensed to practice medicine in the State, unless
2 there is no such qualified person in the county.
3 (b) The president or chairman of the county board of
4 health shall appoint a mental health advisory board composed
5 of not less than 9 nor more than 15 members who have special
6 knowledge and interest in the field of mental health.
7 Initially, 1/3 of the board members shall be appointed for
8 terms of one year, 1/3 for 2 years and 1/3 for 3 years.
9 Thereafter, all terms shall be for 3 years. This advisory
10 board shall meet at least twice each year and provide
11 counsel, direction and advice to the county board of health
12 in the field of mental health.
13 (c) The county board may levy, in excess of the
14 statutory limit and in addition to the taxes permitted under
15 Sections 5-25003, 5-25004 and 5-25010, an additional annual
16 tax of not more than .05% of the value, as equalized or
17 assessed by the Department of Revenue, of all taxable
18 property within the county which tax shall be levied and
19 collected as provided in Section 5-25010 but held in the
20 County Health Fund of the county treasury for use for mental
21 health purposes. These funds may be used to provide care and
22 treatment in public and private mental health facilities.
23 (d) When a mental health program has been included in a
24 county health department pursuant to this Section, the county
25 board may obtain the authority to levy a tax for mental
26 health purposes in addition to the tax authorized by the
27 preceding paragraphs of this Section but not in excess of an
28 additional .05% of the value, as equalized or assessed by the
29 Department of Revenue, of all taxable property in the county
30 by following the procedure set out in Section 5-25003 except
31 that the proposition shall be in substantially the following
32 form:
33 -------------------------------------------------------------
34 Shall.... county levy, in excess
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1 of the statutory limit, an additional YES
2 annual tax of not to exceed .05% for ---------------------
3 use for mental health purposes by the NO
4 county health department?
5 ------------------------------------------------------------
6 If the majority of all the votes cast on the proposition
7 in the county is in favor thereof, the county board shall
8 levy such tax annually. The levy and collection of this tax
9 shall be as provided in Section 5-25010 but the tax shall be
10 held in the County Health Fund of the county treasury for
11 use, with that levied pursuant to paragraph (c), for mental
12 health purposes.
13 (Source: P.A. 86-962; 86-1028.)
14 (55 ILCS 5/5-31004) (from Ch. 34, par. 5-31004)
15 Sec. 5-31004. Election.
16 (a) In any county having less than 2,000,000 1,000,000
17 population which is not organized as a forest preserve
18 district and in which the county board has not in any 3 of
19 the past 5 years levied taxes in support of an historical
20 museum as authorized by Division 6-23, at least 1% of the
21 voters may file with the circuit clerk of the county a
22 petition addressed to the circuit court of the county
23 requesting the creation of a county historical museum
24 district, the boundaries of which shall be those of the
25 county. At least 1% of the voters in each county of a group
26 of not more than 5 contiguous counties, each of which has
27 less than 2,000,000 1,000,000 population and none of which is
28 organized as a forest preserve district and in none of which
29 the county board has in any 3 of the past 5 years levied
30 taxes in support of an historical museum as authorized by
31 Division 6-23, may jointly file with the circuit clerk of the
32 county having the largest population a petition addressed to
33 the circuit court of the county having the largest population
-106- LRB9109070DJcd
1 requesting the creation of an historical museum district, the
2 boundaries of which shall be those of the counties as a
3 whole. If the museum district shall embrace more than one
4 county, the petition shall be accompanied by the written
5 approval of the Illinois State Museum. A museum district
6 composed of a single county shall be designated by the name
7 of the county.
8 The circuit court of the county shall set the petition
9 for hearing. The petition shall set forth (1) a description
10 of the territory to be embraced in the proposed museum
11 district, (2) the names of the municipalities located within
12 the area, (3) the name of the proposed museum district, (4)
13 the population of the museum district, and request that the
14 question be submitted to the electors residing within the
15 limits of the proposed museum district whether they will
16 establish a museum district under this Division to be known
17 as .... Historical Museum District. The petitioners in and by
18 the petition shall designate one or more persons to represent
19 them on the petition, and in the proceedings thereon in the
20 circuit court, with authority to amend, to move to dismiss,
21 or to withdraw the petition. The circuit court shall set the
22 petition for hearing within not less than 30 nor more than 40
23 days after the filing of the petition with the circuit clerk.
24 Notice shall be given by the circuit court of the time
25 and place where the hearing will be held, by publication on 3
26 separate days in one or more newspapers having a general
27 circulation within the territory proposed to be incorporated
28 as a museum district, the first of which publications shall
29 be not less than 20 days prior to the date set for the
30 hearing and if there is no such newspaper, then such notice
31 shall be posted in 10 of the most public places in such
32 territory, not less than 20 days prior to the date set for
33 the hearing. This notice shall include a description of the
34 territory as set out in the petition, names of municipalities
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1 located therein and the name of the proposed museum district
2 and the question of creating such area into a museum
3 district.
4 The filing fee on the petition and costs of printing and
5 publication or posting of notices of public hearing thereon
6 shall be paid in advance by the petitioners, and, if a museum
7 district is organized under this Division, they shall be
8 reimbursed out of the funds received by the museum district
9 from taxation or other sources.
10 (b) The court may continue the hearing on the petition
11 from time to time. During the public hearing the petitioners
12 may move to amend the petition or to dismiss or to withdraw
13 it, and any such motion shall be allowed by the court. If
14 such petition is not dismissed or withdrawn, the court by
15 written order shall find and determine whether such territory
16 meets the requirements of this Division, and the sufficiency
17 of the petition as filed or amended, and of the proceedings
18 thereon.
19 Should 2 or more petitions covering in part the same
20 territory be filed prior to the public hearing, such
21 petitions shall be consolidated for public hearing, and
22 hearing upon the first petition which is filed may be
23 continued to permit the giving of notice of any such
24 subsequent petition or petitions. At the public hearing upon
25 such petitions, the petitioners in the petition first filed
26 may move to amend such petition to include any part of the
27 territory described in the subsequent petition or petitions,
28 either as originally filed or as amended. Any such motion
29 shall be allowed by the court. The public hearing shall
30 proceed upon the first petition as originally filed or as so
31 amended, and further proceedings upon any such other
32 petitions subsequently filed shall be stayed and held in
33 abeyance until the termination of all proceedings upon the
34 first petition, or any such petition may be dismissed or
-108- LRB9109070DJcd
1 withdrawn upon motion of the petitioners therein by their
2 representatives.
3 If such territory, petition and proceedings meet the
4 requirements of this Division, the court shall in, and by the
5 order finding and determining the sufficiency of the petition
6 and that the territory meets the requirements of this
7 Division or by a separate order, order the proposition
8 submitted to referendum in accordance with the general
9 election law. The clerk of the circuit court shall certify
10 the order and the proposition to the appropriate election
11 officials who shall submit the proposition to the voters at
12 an election in accordance with the general election law.
13 (c) In addition to the requirements of the general
14 election law, notice of the referendum shall state briefly
15 the purpose of the referendum and shall include a description
16 of the territory. The notice shall further state that any
17 such museum district upon its establishment shall have the
18 powers, objects and purposes provided by this Division,
19 including the power to levy a tax of not to exceed .02 per
20 cent of value, as equalized or assessed by the Department of
21 Revenue, of all taxable property within the area of the
22 museum district. Each legal voter residing within the
23 territory shall have a right to cast a ballot at such
24 election. The proposition shall be in substantially the
25 following form:
26 -------------------------------------------------------------
27 Shall the County Historical
28 Museum District Law be adopted
29 and the.... Historical Museum
30 District be established? YES
31 If established, the Museum
32 District will have the powers,
33 objects and purposes provided ---------------------
34 by the Law, including the power
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1 to levy a tax of not to exceed
2 .02 per cent of the value NO
3 of taxable property, as equalized
4 or assessed by the Department of
5 Revenue.
6 ------------------------------------------------------------
7 The court shall cause the order determining and declaring
8 results of the election to be entered of record in the court
9 and a certified copy thereof shall be filed with the circuit
10 clerk of each such other county who shall cause the same to
11 be filed in the records of the court of such county.
12 (d) If a majority of the voters in any county voting
13 upon the question of the adoption of this Division and the
14 establishment of a museum district shall be favorable, the
15 inhabitants thereof shall be deemed to have accepted the
16 provisions of this Division, and the territory of the
17 approving county or counties shall thenceforth be deemed an
18 organized museum district under this Division, having the
19 name stated in the petition which shall be evidenced by an
20 order to be entered of record by the court.
21 (Source: P.A. 86-962.)
22 (55 ILCS 5/5-37001) (from Ch. 34, par. 5-37001)
23 Sec. 5-37001. Applicability; subtitle. This Division
24 shall apply only in counties containing 2,000,000 1,000,000
25 or more inhabitants, and shall be subtitled the "County
26 Hospitals Law".
27 (Source: P.A. 86-962.)
28 (55 ILCS 5/6-2001) (from Ch. 34, par. 6-2001)
29 Sec. 6-2001. Applicability. This Division shall apply
30 only to counties having a population of more than 2,000,000
31 1,000,000.
32 This Division shall be construed as cumulative authority
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1 and not as a repeal of any existing statute authorizing the
2 issuance of obligations to anticipate the collection of
3 taxes.
4 (Source: P.A. 86-962.)
5 (55 ILCS 5/6-3005) (from Ch. 34, par. 6-3005)
6 Sec. 6-3005. Counties of 500,000 or more but less than
7 2,000,000 1,000,000; bonds for construction or remodeling of
8 county jails. Any county with a population of 500,000 or
9 more inhabitants, but less than 2,000,000 1,000,000
10 inhabitants may by resolution of its county board incur an
11 indebtedness for the construction or remodeling of a county
12 jail and for the acquisition of land and fixtures therefor,
13 and may issue and sell bonds therefor, and levy taxes upon
14 all taxable property of the county sufficient to pay the
15 principal on bonds at maturity and to pay the interest
16 thereon as it falls due.
17 (Source: P.A. 86-962.)
18 (55 ILCS 5/6-21002) (from Ch. 34, par. 6-21002)
19 Sec. 6-21002. Tax for county fair purposes. Whenever a
20 petition signed by 100 taxpayers of any county is presented
21 to the county board of such county of less than 2,000,000
22 1,000,000 population requesting the submission of a
23 proposition whether or not, an annual tax of not to exceed
24 .05 per cent of the value, as equalized or assessed by the
25 Department of Revenue, of all taxable property in such county
26 shall be levied upon all the taxable property of such county
27 for the purpose of creating and maintaining a fund for county
28 fair purposes, such county board shall adopt a resolution for
29 the submission of such proposition at the next regular
30 election held in such county. The county board shall certify
31 the resolution and the proposition to the proper election
32 officials, who shall submit the proposition at said election
-111- LRB9109070DJcd
1 in accordance with the general election law. The foregoing
2 limitations upon tax rates may be increased or decreased
3 under the referendum provisions of the General Revenue Law of
4 Illinois.
5 (Source: P.A. 86-962.)
6 (55 ILCS 5/6-29002) (from Ch. 34, par. 6-29002)
7 Sec. 6-29002. Counties of less than 2,000,000 1,000,000;
8 creation of fund. In each county of this State having a
9 population of less than 2,000,000 1,000,000 inhabitants a
10 working cash fund may be created, set apart, maintained and
11 administered, in the manner prescribed in this Division, to
12 enable the county to have in its treasury at all times
13 sufficient money to meet demands for ordinary and necessary
14 expenditures for general corporate purposes.
15 (Source: P.A. 86-962.)
16 Section 65. The County Shelter Care and Detention Home
17 Act is amended by changing Section 5 as follows:
18 (55 ILCS 75/5) (from Ch. 23, par. 2685)
19 Sec. 5. The county board of any county may, in addition
20 to taxes levied and collected for other county purposes, and
21 in addition to the tax rate of .10% or a greater rate, as the
22 case may be in certain counties, of the value, as equalized
23 or assessed by the Department of Revenue, now provided for
24 county purposes, annually levy and collect a tax not
25 exceeding .015% or the rate limit in effect on July 1, 1967,
26 whichever is greater, of the value, as equalized or assessed
27 by the Department of Revenue, upon all property within the
28 county for the purpose of purchasing, erecting, leasing or
29 otherwise providing, establishing, supporting and maintaining
30 such a shelter care or detention home if this Act has been
31 adopted and the levy and collection of such tax authorized by
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1 the legal voters of the county in the manner provided by
2 Section 6 of this Act. However, in counties with over 300,000
3 but less than 2,000,000 1,000,000 inhabitants that establish
4 a shelter care or detention home by majority vote of their
5 county boards, taxes for construction and maintenance of the
6 home may be extended without adoption of this Act by the
7 legal voters of the counties and without a referendum. They
8 may levy and collect a tax not exceeding .04% of the value,
9 as equalized or assessed by the Department of Revenue, upon
10 all property within the county, for the purpose of
11 constructing a home, and a tax of .02% for operation of the
12 home.
13 After September 20, 1987, in all counties subject to this
14 Section, the additional tax authorized to be annually levied
15 and collected pursuant to this Section may be increased to a
16 rate not exceeding .10% if approved by a referendum submitted
17 to the voters of such county pursuant to ordinance or
18 resolution of the county board and in accordance with the
19 general election law. The proposition shall be in
20 substantially the following form:
21 -------------------------------------------------------------
22 Shall the county increase the
23 additional annual tax levy authorized
24 by Section 5 of the County Shelter YES
25 Care and Detention Home Act for shelter
26 care or detention homes for minors in -------------------
27 ..... county from the current rate of
28 .....% to .....% of the equalized NO
29 assessed value of real property in
30 ..... county?
31 -------------------------------------------------------------
32 If a majority of the votes cast for and against such
33 proposition shall be for such proposition, the county shall
34 be authorized to levy such additional tax at the rate
-113- LRB9109070DJcd
1 authorized by the referendum.
2 The foregoing limitations upon tax rates, insofar as they
3 are applicable to counties of less than 2,000,000 1,000,000
4 population, may be increased or decreased under the
5 referendum provisions of the Property Tax Code.
6 Taxes collected under this Act shall not be expended for
7 any purpose except those purposes authorized by this Act.
8 (Source: P.A. 88-670, eff. 12-2-94.)
9 Section 70. The Township Code is amended by changing
10 Sections 30-150, 30-155, 30-160, 120-15, 120-20, 230-5, and
11 265-5 as follows:
12 (60 ILCS 1/30-150)
13 Sec. 30-150. Police protection by municipality; county
14 under 2,000,000 1,000,000. In counties having a population of
15 less than 2,000,000 1,000,000, the electors may authorize the
16 township board to contract with one or more incorporated
17 municipalities lying wholly or partly within the boundaries
18 of the township, or with advice and consent of the sheriff in
19 the county in which the request for contract services is
20 made, based upon a determination of law enforcement needs of
21 the area in which contract services are sought with the
22 county within which the township is located to furnish police
23 protection in the area of the township that is not within the
24 incorporated area of any municipality having a regular police
25 department.
26 (Source: P.A. 91-633, eff. 12-1-99.)
27 (60 ILCS 1/30-155)
28 Sec. 30-155. Police protection by county in county under
29 2,000,000 1,000,000; special taxing district.
30 (a) In counties having a population of less than
31 2,000,000 1,000,000, the electors may authorize the township
-114- LRB9109070DJcd
1 board to contract with the county sheriff within which the
2 township is located to furnish police protection in the
3 unincorporated area of the township.
4 (b) The township board may adopt a resolution declaring
5 the unincorporated area of the township a special police
6 district for tax purposes. Proof of the adoption of the
7 resolution authorizes the county clerk to extend a tax upon
8 the special police district in the amount specified in the
9 annual township tax levy, but not to exceed a rate of .10% of
10 the value of taxable property as equalized or assessed by the
11 Department of Revenue.
12 (c) Whenever a resolution creating a special police
13 district has been adopted, the township board shall order the
14 proposition submitted to the voters within the territory of
15 the proposed special police district at an election. The
16 clerk shall certify the proposition to the proper election
17 officials. Notice shall be given and the election conducted
18 in accordance with the general election law. The proposition
19 shall be in substantially the following form:
20 Shall a special police district be created to serve
21 the unincorporated areas of (name of township), and shall
22 a tax be levied at a rate of not more than 0.10% of the
23 value of taxable property in the district as equalized or
24 assessed by the Department of Revenue?
25 The votes shall be recorded as "Yes" or "No".
26 (d) If a majority of votes cast on the proposition is in
27 favor of the special police district, the district shall be
28 created.
29 (Source: P.A. 83-209; 88-62.)
30 (60 ILCS 1/30-160)
31 Sec. 30-160. Police protection by municipality or
32 county; county of 2,000,000 1,000,000 or more; special taxing
33 district.
-115- LRB9109070DJcd
1 (a) In counties having a population of 2,000,000
2 1,000,000 or more, the electors may authorize the township
3 board to contract with one or more municipalities in the
4 township or with the county within which the township is
5 located to furnish police protection in the unincorporated
6 area of the township.
7 (b) The township board may declare the unincorporated
8 area of the township a special police district for tax
9 purposes. Proof of the declaration authorizes the county
10 clerk to extend a tax upon the special police district in the
11 amount specified in the annual township tax levy, but not to
12 exceed a rate of .10% of the value of taxable property as
13 equalized or assessed by the Department of Revenue.
14 (Source: P.A. 82-783; 88-62.)
15 (60 ILCS 1/120-15)
16 Sec. 120-15. Townships in certain counties; golf courses
17 and fees.
18 (a) A township in a county having a population between
19 300,000 and 2,000,000 1,000,000 may, by purchase only and not
20 by condemnation, acquire lands not exceeding 50 acres for
21 park purposes or golf courses. A township in a county having
22 a population between 100,000 and 300,000 may, by purchase
23 only and not by condemnation, acquire lands not exceeding 100
24 acres for park purposes or golf courses.
25 (b) If the lands are developed as a golf course, the
26 township board shall charge a fee of those using the golf
27 course and its facilities. The fee shall be at a rate
28 sufficient to pay for the maintenance, depreciation, and
29 operating costs relating to the golf course.
30 (Source: P.A. 85-1209; 88-62.)
31 (60 ILCS 1/120-20)
32 Sec. 120-20. Park maintenance tax.
-116- LRB9109070DJcd
1 (a) To provide a fund for the maintenance of parks, the
2 township board may levy annual taxes not exceeding 0.02% (or
3 the rate limit in effect on July 1, 1967, whichever is
4 greater) of the value of the property in the township in any
5 one year, as equalized or assessed by the Department of
6 Revenue. The tax shall be levied and collected at the time
7 and in the manner that other township taxes are required to
8 be levied and collected.
9 (b) The limitations upon tax rates in subsection (a) may
10 be increased or decreased under the referendum provisions of
11 the General Revenue Law of Illinois.
12 (c) The maintenance tax, when levied and collected,
13 shall be kept separate and distinct from all other township
14 funds and shall be applied exclusively to the expense of
15 maintenance and upkeep, adornment, and development of parks
16 acquired by the township or to the acquisition of other lands
17 to be used for public park purposes. In any township in a
18 county having a population between 100,000 and 2,000,000
19 1,000,000, the moneys provided by the taxes authorized by
20 this Section may be used for the acquisition and development
21 of lands for park and golf course purposes under Section
22 120-15, subject to the requirements of that Section
23 concerning the establishment of fees for the use of golf
24 courses.
25 (Source: P.A. 82-783; 88-62.)
26 (60 ILCS 1/230-5)
27 Sec. 230-5. CETA funds. The township board in counties
28 with a population of less than 2,000,000 1,000,000 may
29 receive funds from the United States under the Comprehensive
30 Employment and Training Act of 1973, Public Law 93-203, and
31 may disburse those funds together with any other township
32 funds for the purposes specified in that Act.
33 (Source: P.A. 82-783; 88-62.)
-117- LRB9109070DJcd
1 (60 ILCS 1/265-5)
2 Sec. 265-5. Distribution to school districts.
3 (a) Whenever the electors attending an annual or special
4 township meeting of a township in a county with a population
5 of more than 2,000,000 1,000,000 (counties of the third
6 class) determine that the general township fund of the
7 township is in excess of the amount needed for township
8 purposes during the remainder of the then current fiscal
9 year, the electors may, by resolution adopted by the
10 affirmative vote of two-thirds of the electors attending the
11 meeting, direct that all or any portion of the excess funds
12 be distributed ratably to the various school districts
13 maintaining grades 1 through 8 that are wholly or partly
14 located in the township. In any distribution to school
15 districts, the share of each school district wholly or partly
16 located within the township shall be the proportion that the
17 assessed valuation of all property within the school district
18 or part of the school district in the township bears to the
19 total assessed valuation of all property in the township.
20 (b) For purposes of distribution ratably to school
21 districts under this Section, the township supervisor shall
22 determine the ratable distribution on the basis of the most
23 recent assessment figures as supplied to him or her by the
24 county assessor.
25 (Source: Laws 1959, p. 684; P.A. 88-62.)
26 Section 75. The Illinois Municipal Code is amended by
27 changing Sections 2-2-5, 2-2-14, 2-3-18, 9-2-82, 9-2-83,
28 9-2-84, 9-2-85, 9-2-87, 9-2-88, 9-2-89, 9-2-91, 9-2-92,
29 11-1-7, and 11-4-1 as follows:
30 (65 ILCS 5/2-2-5) (from Ch. 24, par. 2-2-5)
31 Sec. 2-2-5. Whenever any area of contiguous territory,
32 not exceeding 4 square miles, and not already included within
-118- LRB9109070DJcd
1 the corporate limits of any municipality has residing thereon
2 a population of not less than 2,500 persons, including 2,000
3 living in immobile dwellings, it may be incorporated as a
4 city as follows. Whenever in any county with more than
5 2,000,000 1,000,000 inhabitants any area of contiguous
6 territory not exceeding 4 square miles and not already
7 included within the corporate limits of any municipality, has
8 residing within the area all of the registered voters of a
9 township who are not already included within the corporate
10 limits of any municipality, is wholly bounded by a single
11 municipality, and contains more than 1,200 residents, it may
12 be incorporated as follows. If such area contains fewer than
13 7,500 residents and lies within 1 1/2 miles of the boundary
14 line of any existing municipality, the consent of such
15 existing municipality must be obtained before such area may
16 be incorporated.
17 (Source: P.A. 85-1449.)
18 (65 ILCS 5/2-2-14) (from Ch. 24, par. 2-2-14)
19 Sec. 2-2-14. In any county of between 150,000 and
20 2,000,000 1,000,000 population which has adopted an official
21 plan under "An Act to provide for regional planning and for
22 the creation, organization and powers of regional planning
23 commissions", approved June 25, 1929, as amended, the county
24 board, by resolution, may provide that before the question of
25 incorporating a city under this Division is submitted to the
26 electors in response to a petition filed under Section 2-2-6
27 the county board must first determine that (1) the proposed
28 incorporation is compatible with the official plan for the
29 development of the county, and (2) the lands described in the
30 petition as intended to be embraced in the proposed city
31 constitute a sufficient tax base as will insure the ability
32 of the city to provide all necessary municipal services to
33 its inhabitants. When such a resolution is in effect, the
-119- LRB9109070DJcd
1 court in which such a petition is filed shall first require a
2 showing that those determinations have been made by the
3 county board. If no such showing is made the court shall deny
4 the petition. If such a showing is made, the court shall
5 proceed as provided in Section 2-2-6.
6 (Source: P.A. 76-676.)
7 (65 ILCS 5/2-3-18) (from Ch. 24, par. 2-3-18)
8 Sec. 2-3-18.
9 In any county of between 150,000 and 2,000,000 1,000,000
10 population which has adopted an official plan under "An Act
11 to provide for regional planning and for the creation,
12 organization and powers of regional planning commissions",
13 approved June 25, 1929, as amended, the county board, by
14 resolution, may provide that before the question of
15 incorporating a village under this Division is submitted to
16 the electors in response to a petition filed under Section
17 2-3-5 or 2-3-10 the county board must first determine that
18 (1) the proposed incorporation is compatible with the
19 official plan for the development of the county, and (2) the
20 lands described in the petition as intended to be embraced in
21 the village constitute a sufficient tax base as will insure
22 the ability of the village to provide all necessary municipal
23 services to its inhabitants. When such a resolution is in
24 effect, the court in which such a petition is filed shall
25 first require a showing that those determinations have been
26 made by the county board. If no such showing is made, the
27 court shall deny the petition. If such a showing is made, the
28 court shall proceed as provided in Section 2-3-6 or 2-3-11,
29 as the case may be.
30 (Source: P.A. 76-676.)
31 (65 ILCS 5/9-2-82) (from Ch. 24, par. 9-2-82)
32 Sec. 9-2-82. In counties having a population of 2,000,000
-120- LRB9109070DJcd
1 1,000,000 or more the collector shall, on or before the first
2 day of August in each year, make a report in writing to the
3 general officer of the county (in which the respective lots,
4 tracts, and parcels of land are situated) authorized by the
5 general revenue laws of this State to apply for judgment and
6 sell land for taxes due the county and State, of all the
7 land, town lots, and real property on which he has been
8 unable to collect special assessments or special taxes, or
9 installments thereof matured and payable, or interest
10 thereon, or interest due to the preceding January 2 on
11 installments not yet matured on all warrants in his
12 possession, with the amount of those delinquent special
13 assessments or special taxes or installments and interest
14 together with his warrants; or, in case of an assessment
15 levied to be paid by installments, with a brief description
16 of the nature of the warrant or warrants received by him
17 authorizing the collection thereof. This report shall be
18 accompanied with the oath of the collector (1) that the list
19 is a correct return and report of the land, town lots, and
20 real property on which the special assessment or special tax
21 (levied by the authority of the city or incorporated town or
22 village of .... as the case may be), or installments thereof,
23 or interest, remains due and unpaid, (2) that he is unable to
24 collect the same, or any part thereof, and (3) that he has
25 given the notice required by law that the specified warrants
26 have been received by him for collection.
27 (Source: P.A. 82-1013.)
28 (65 ILCS 5/9-2-83) (from Ch. 24, par. 9-2-83)
29 Sec. 9-2-83. In counties having a population of less than
30 2,000,000 1,000,000, the general officer of the county having
31 authority to receive State and county taxes shall, not later
32 than August 15 each year, designate a day in the month of
33 October upon which application will be made for judgment and
-121- LRB9109070DJcd
1 order of sale for unpaid special assessments or installments
2 thereof, and interest thereon, on delinquent land, town lots,
3 and real property and also a Monday succeeding the date of
4 that application, on which the land and lots for the sale of
5 which an order is made will be exposed to public sale, and
6 shall forthwith notify the collectors of all municipalities
7 situated in whole or in part within the county of the dates
8 so designated.
9 (Source: P.A. 85-1137.)
10 (65 ILCS 5/9-2-84) (from Ch. 24, par. 9-2-84)
11 Sec. 9-2-84. In counties having a population of less than
12 2,000,000 1,000,000, the collector of the municipality, at
13 any time after August 15 in each year, shall publish an
14 advertisement that a return will be made to the general
15 officer of the county having authority to receive State and
16 county taxes of all unpaid special assessments or
17 installments thereof matured and payable, or interest
18 thereon, or interest due to the preceding January 2 on
19 installments not yet matured on all warrants in his hands.
20 This advertisement (1) shall contain a list of the delinquent
21 lands, town lots, and real property upon which the special
22 assessment or installments thereof or interest thereon remain
23 unpaid, the name of the person shown by the county
24 collector's current warrant book to be the party in whose
25 name the general real estate taxes were last assessed for
26 each such property, the total amount due thereon, and the
27 year for which the same are due; (2) shall give notice that
28 the general officer of the county having authority to receive
29 State and county taxes in the county in which those lands,
30 town lots, or real property may be located, will make
31 application on the day specified therein, for judgment
32 against those lands, town lots, and real property for those
33 special assessments, matured installments of special
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1 assessments, interest and costs due thereon, and for an order
2 to sell those lands, town lots, and real property for the
3 satisfaction thereof; and (3) shall give notice that on the
4 Monday fixed by that general officer of the county for sale,
5 all the lands, town lots, and real property, for the sale of
6 which an order is made, will be exposed to public sale at the
7 court house in that county for the amount of special
8 assessments and matured installments of special assessments,
9 interest and costs due thereon. The advertisement shall be
10 sufficient notice of the intended application for judgment
11 and of the sale of those lands, town lots, and real property
12 under the order of the court.
13 Publication of the advertisement shall be made at least
14 once not more than 30 nor less than 15 days in advance of the
15 date upon which the judgment is to be sought. Such
16 publication shall be made in one or more newspapers published
17 in the municipality, or if no newspaper is published therein
18 then in one or more newspapers with a general circulation in
19 the municipality. In municipalities with less than 500
20 inhabitants, publication may instead be made by posting a
21 notice in 3 prominent places within the municipality.
22 The municipal collector shall add to all special
23 assessments and matured installments of special assessments
24 and the interest thereon, when paid after August 15, in the
25 year when they became due and payable the sum of 10 cents for
26 each lot, tract, or parcel of land upon which payment is
27 made, to cover the cost of the advertisement as required in
28 this Division 2.
29 (Source: P.A. 85-1137.)
30 (65 ILCS 5/9-2-85) (from Ch. 24, par. 9-2-85)
31 Sec. 9-2-85. In counties having a population of less than
32 2,000,000 1,000,000, the collector of the municipality, not
33 later than 5 days prior to the date fixed for application for
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1 judgment, shall make a return or report in duplicate upon
2 forms to be provided by the county collector to the general
3 officer of the county having authority to receive State and
4 county taxes in the county in which the respective lots,
5 tracts, and parcels of land are situated. Such report shall
6 list all the land, town lots, and real property on which he
7 has been unable to collect the special assessments or special
8 taxes or installments, thereof, matured and payable or
9 interest thereon, or interest due to the preceding January 2
10 on installments not yet matured on all warrants in his
11 possession. Also contained in the report shall be a list of
12 the amount of those delinquent special assessments or special
13 taxes or installments and interest together with a brief
14 description of the warrant or warrants received by him,
15 authorizing the collection thereof. The original of this
16 report shall be accompanied with the oath of the collector
17 (1) that the list is a correct return and report of the land,
18 town lots, and real property on which the special assessment
19 or special tax (levied by the authority of the city or
20 incorporated town or village of ...., as the case may be), or
21 installments thereof, or interest, remains due and unpaid,
22 (2) that he is unable to collect the same, or any part
23 thereof, (3) that he has given the notice required by law
24 that the specified warrants have been received by him for
25 collection, and (4) that he has published an advertisement in
26 the manner prescribed by law, giving notice that an
27 application will be made on the date specified therefor for
28 judgment against all of those delinquent lands, town lots,
29 and real property.
30 (Source: P.A. 82-1013.)
31 (65 ILCS 5/9-2-87) (from Ch. 24, par. 9-2-87)
32 Sec. 9-2-87. When the specified general officer in each
33 county receives the report provided for, he shall proceed to
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1 obtain judgment against the lots and parcels of land and
2 property for the special assessments and the special taxes,
3 or installments thereof, and interest remaining due and
4 unpaid, in the same manner as is or may be by law provided
5 for obtaining judgment against lands for taxes due and unpaid
6 the county or State except that in counties having a
7 population of less than 2,000,000 1,000,000, no other notice
8 of the application for this judgment shall be required than
9 that specified in this Division 2 to be given by the
10 collector of the municipality. The general collecting officer
11 of the county shall proceed in the same manner to sell the
12 same for the specified special assessments, special taxes, or
13 installments thereof, and interest remaining due and unpaid
14 except that in counties having a population of less than
15 2,000,000 1,000,000, no other notice of sale shall be
16 required than that specified in this Division 2 to be given
17 by the collector of the municipality. In obtaining these
18 judgments and making this sale, the general collecting
19 officer of the county shall be governed by the general
20 revenue law of the State except as otherwise provided in this
21 Division 2.
22 No application for judgment against land for unpaid
23 special taxes or special assessments shall be made at a time
24 different from the annual application for judgment against
25 land upon which general taxes remain due and unpaid.
26 The application for judgment upon delinquent special
27 assessments or special taxes in each year shall include only
28 such special assessments, special taxes, or installments
29 thereof, and interest, as have been returned as delinquent to
30 the county collector on or before the first day of August in
31 the year in which the application is made, and marked on the
32 general tax books of the county collector on or before March
33 10, as provided in Section 9-2-81. However, in counties
34 having a population of less than 2,000,000 1,000,000, such
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1 application shall include only the special assessments,
2 special taxes, or installments thereof, and interest as have
3 been returned or reported as delinquent to the general
4 collecting officer of the county not less than 5 days prior
5 to the date designated for application for judgment, in the
6 year in which the application is made. Such judgment of sale
7 shall include interest on matured installments up to the date
8 of the judgment, as provided in this Division 2.
9 In the 5 years next following the completion of a general
10 reassessment of real property in any county having a
11 population of 2,000,000 1,000,000 or more, made pursuant to
12 an order of the Department of Revenue of the State of
13 Illinois, notwithstanding that those special assessments,
14 special taxes, or installments thereof, and interest, have
15 not been returned as delinquent to the county collector on or
16 before the first day of August in the year in which the
17 application is made, and notwithstanding that those special
18 assessments, special taxes, or installments thereof, and
19 interest, were not marked on the general tax books of the
20 county collector on or before March 10 of the same year as
21 provided in Section 9-2-81 or within 15 days after the county
22 collector received the general tax books in that year, such
23 an application shall be made on the first day of September
24 for judgment and order of sale for special assessments,
25 special taxes, or installments thereof, and interest, in each
26 year on delinquent lands and lots. The county collector shall
27 include in that application all special assessments, special
28 taxes, and installments thereof, and interest, then remaining
29 unpaid. Within 30 days after the county collector has
30 received the general tax books the special assessments,
31 special taxes, or installments thereof, and interest, then
32 remaining unpaid, shall be marked therein, and if for any
33 reason, that application cannot be made on the first day of
34 September, it shall be made at any time not later than the
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1 first day of the next succeeding January.
2 In counties having a population of less than 2,000,000
3 1,000,000, the application for judgment and order of sale,
4 and the sale, shall be made on the respective days previously
5 designated by the general collecting officer of the county.
6 (Source: P.A. 82-1013.)
7 (65 ILCS 5/9-2-88) (from Ch. 24, par. 9-2-88)
8 Sec. 9-2-88. In counties having a population of less than
9 2,000,000 1,000,000 in all cases, except where land or lots
10 have been withdrawn from collection for want of bidders or
11 forfeited to the State for nonpayment of special assessments
12 2 or more years in succession next preceding the year in
13 which the application for judgment and order of sale is made,
14 the collector of the municipality shall send a notice of the
15 application for judgment and sale of the land or lots upon
16 which special assessments remain due and unpaid, the date of
17 sale, a description of the land or lots, and the amount of
18 the special assessments together with interest and costs due
19 thereon. The notice shall be sent by mail, either by letter
20 or post card, postage prepaid, at least 5 days before the
21 date of sale. The notice shall be addressed to the person
22 shown by the county collector's current warrant book to be
23 the party in whose name the general real estate taxes on such
24 property were last assessed, and such notices shall be mailed
25 to each such party at the address shown for such party in the
26 county collector's current warrant book. For each such notice
27 the collector of the municipality shall charge 10 cents to be
28 taxed and collected as costs.
29 (Source: P.A. 85-1137.)
30 (65 ILCS 5/9-2-89) (from Ch. 24, par. 9-2-89)
31 Sec. 9-2-89. In counties having a population of less than
32 2,000,000 1,000,000, any person owning or claiming land or
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1 lots upon which judgment is prayed, as provided in this
2 Division 2, may pay the special taxes, special assessments,
3 interest, and costs due thereon to the collector of the
4 municipality in which the land or lots are situated at any
5 time before sale. On the day fixed for sale, the collector
6 shall report, under oath, to the county clerk, all the land
7 or lots upon which special assessments have been paid, if
8 any, after the time of making the return mentioned in Section
9 9-2-85 and prior to that day. The clerk shall note this fact
10 opposite each tract or lot upon which those payments have
11 been made. This report shall include a statement by the
12 collector, under oath, that notice of sale has been sent by
13 mail, by letter or post card, as to all other land or lots
14 included in the report as required by Section 9-2-88.
15 (Source: P.A. 82-1013.)
16 (65 ILCS 5/9-2-91) (from Ch. 24, par. 9-2-91)
17 Sec. 9-2-91. In counties having a population of less than
18 2,000,000 1,000,000, a list of all lots, parcels of land, and
19 property withdrawn from collection at the sale by the
20 corporate authorities levying the tax and a list of all lots,
21 parcels of land, and property charged with delinquent special
22 assessments which were forfeited to the State at that sale,
23 shall be returned by the county clerk to the office of the
24 municipal collector, where payment of any delinquent special
25 assessment so withdrawn from collection or forfeited to the
26 State may be made, as in the case of redemption from sale, at
27 any time thereafter, unless and until again advertised and
28 offered for sale and sold for the non-payment thereof.
29 (Source: P.A. 82-1013.)
30 (65 ILCS 5/9-2-92) (from Ch. 24, par. 9-2-92)
31 Sec. 9-2-92. In counties having a population of 2,000,000
32 1,000,000 or more, a list of all lots, parcels of land, and
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1 property withdrawn from collection at that sale by the
2 corporate authorities levying the tax and a list of all lots,
3 parcels of land, and property charged with delinquent special
4 assessments which were forfeited to the State at that sale,
5 shall also be returned to the office of the county clerk
6 where payment of any delinquent special assessment so
7 withdrawn from collection or forfeited to the State may be
8 made, as in the case of redemption from sale at any time
9 while the same is withdrawn from the county collector, or
10 forfeited, or thereafter, if again advertised and sold, until
11 the period of redemption at such subsequent sale under the
12 general revenue laws of the State has expired and a tax deed
13 is issued thereon.
14 (Source: P.A. 82-1013.)
15 (65 ILCS 5/11-1-7) (from Ch. 24, par. 11-1-7)
16 Sec. 11-1-7. The corporate authorities of any
17 incorporated municipality, the boundaries of which are not
18 co-extensive with any township, may contract with any such
19 township in the county within which the municipality is
20 located to furnish police protection outside of the
21 incorporated municipality in such township.
22 The corporate authorities of any incorporated
23 municipality situated in a county of fewer than 2,000,000
24 1,000,000 inhabitants may contract, with advice and consent
25 of the sheriff in the county in which the request for
26 contract services is made, based upon a determination of law
27 enforcement needs of the area in which contract services are
28 sought, with the county in which the municipality is located
29 to furnish police protection in the county outside of the
30 incorporated municipality.
31 (Source: P.A. 91-633, eff. 12-1-99.)
32 (65 ILCS 5/11-4-1) (from Ch. 24, par. 11-4-1)
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1 Sec. 11-4-1. Except in any county having a population of
2 more than 2,000,000 1,000,000, the corporate authorities of
3 any city may establish a house of correction, which shall be
4 used for the confinement and punishment of criminals, or
5 persons sentenced or committed thereto under the provisions
6 of this Division 4, or any law of this state, or ordinance of
7 any city or village authorizing the confinement of convicted
8 persons in any such house of correction.
9 The corporate authorities of any such city may purchase
10 or otherwise acquire, own or control so much land within the
11 incorporated limits of such city or outside and within the
12 same county as such city may require, for the purpose of
13 establishing thereon such house of correction and other
14 buildings or appurtenances thereto, and for the purpose of
15 establishing in connection therewith a farm colony. Any farm
16 colony so established in connection with a house of
17 correction shall also be used for the confinement and
18 punishment of criminals or persons sentenced or committed
19 thereto under the provisions of this Division 4, or any law
20 of this state, or ordinance of any city or village,
21 authorizing the confinement of convicted persons in any such
22 house of correction or farm colony.
23 When such land is purchased or acquired and house of
24 correction or farm colony established by any such city
25 outside of the corporate limits thereof, such city and the
26 corporate authorities thereof shall have complete police
27 powers, for the purpose of control and management of same and
28 of the persons confined therein, over such lands and
29 territory surrounding the same and highways leading thereto
30 from such city as is now conferred by law upon cities,
31 incorporated towns and villages within this state over
32 territory lying within the corporate limits thereof.
33 (Source: P.A. 76-425.)
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1 Section 80. The Airport Authorities Act is amended by
2 changing Sections 2.7 and 8.10 as follows:
3 (70 ILCS 5/2.7) (from Ch. 15 1/2, par. 68.2g)
4 Sec. 2.7. Metropolitan Airport Authority.
5 (a) Upon the effective date of this amendatory Act of
6 1986, in any county with a population between 600,000 and
7 3,000,000 and contiguous to a county with a population in
8 excess of 2,000,000 1,000,000 inhabitants, a Metropolitan
9 Airport Authority is hereby established, the territory of
10 which shall include all of the territory within the corporate
11 limits of the county and the territory of any pre-existing
12 authority located partly within and partly outside the
13 county, except the territory of any municipality whose
14 territory lies both inside and outside the county with the
15 majority of the territory lying outside the county. Upon
16 that date, the Metropolitan Airport Authority shall be deemed
17 an organized Airport Authority under this Act. Within 30
18 days after the initial appointments have been made under
19 Section 3.4, the Authority board shall notify the office of
20 the Secretary of State of the establishment of the
21 Metropolitan Airport Authority by this amendatory Act of
22 1986, who shall thereupon issue a certificate of
23 incorporation to the Authority.
24 (b) If all of the airport facilities of an existing
25 Airport Authority are situated within the corporate limits of
26 a county in which a Metropolitan Airport Authority is
27 established, the existing Airport Authority shall be
28 dissolved upon the establishment of the Metropolitan Airport
29 Authority. In such event the rights to all property and all
30 assets and liabilities, including bonded indebtedness, of the
31 existing Airport Authority shall be assumed by the
32 Metropolitan Airport Authority.
33 (c) (Blank).
-131- LRB9109070DJcd
1 (Source: P.A. 91-618, eff. 1-1-00.)
2 (70 ILCS 5/8.10) (from Ch. 15 1/2, par. 68.8-10)
3 Sec. 8.10. Regulation of aircraft.
4 (a) For the prevention of accidents, for the furtherance
5 and protection of public health, safety and convenience in
6 respect to aeronautics, for the protection of property and
7 persons within the authority from any hazard or nuisance
8 resulting from the flight of aircraft, for the prevention of
9 interference between, or collision of, aircraft while in
10 flight or upon the ground, for the prevention or abatement of
11 nuisances in the air or upon the ground or for the extension
12 or increase in the usefulness or safety of any public airport
13 or public airport facility owned by the airport authority, an
14 authority may regulate the movement of aircraft upon the
15 surface of any public airport or in the air above the
16 incorporated territory of the authority.
17 (b) Aircraft with a maximum gross take-off weight in
18 excess of 91,000 pounds may not use any airport facilities
19 under the jurisdiction of a Metropolitan Airport Authority
20 located in any county with a population of more than 700,000
21 and less than 2,000,000 1,100,000 except in an emergency or
22 in connection with an air show or exhibition or as required
23 by the Federal Aviation Administration or to otherwise comply
24 with federal law.
25 (Source: P.A. 89-678, eff. 8-14-96.)
26 Section 85. The Conservation District Act is amended by
27 changing Section 4 as follows:
28 (70 ILCS 410/4) (from Ch. 96 1/2, par. 7104)
29 Sec. 4. Not less than 1% of the voters in any county
30 having less than 2,000,000 1,000,000 population which is not
31 organized as a forest preserve district may petition the
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1 circuit court of such county to order the question to be
2 submitted to the voters of such county whether a conservation
3 district, the boundaries of which shall be coextensive with
4 the boundaries of the county, shall be organized under this
5 Act. Not less than 1% of the voters in each county of a
6 group of not more than 5 adjoining counties each of which has
7 less than 2,000,000 1,000,000 population and none of which is
8 organized as a forest preserve district may jointly petition
9 the circuit court of the county having the largest population
10 to order the question to be submitted to the voters of such
11 counties whether a conservation district, the boundaries of
12 which shall be coextensive with the boundaries of the group
13 of counties taken as a whole, shall be organized under this
14 Act.
15 If the proposed district shall embrace more than one
16 county the petition shall be accompanied by the written
17 approval of the Department of Natural Resources.
18 If the proposed district is coextensive with the
19 boundaries of a single county it shall be designated by the
20 name of that county.
21 Upon the filing of such petition with the circuit court,
22 the circuit clerk shall give notice of the time and place of
23 a hearing upon the subject of the petition which shall be
24 inserted in one or more daily or weekly newspapers published
25 within the proposed district at least 20 days before such
26 hearing. If no daily or weekly newspaper is published within
27 such proposed district, notice may be given by posting at
28 least 15 copies in each county in such proposed district at
29 least 20 days before such meeting in conspicuous public
30 places as far separated from each other as reasonably
31 possible.
32 At the time and place fixed for such public hearing the
33 circuit court shall hear all persons who desire to be heard,
34 and if the circuit court shall find that the provisions of
-133- LRB9109070DJcd
1 this Act have been complied with and that the allegations of
2 the petition are true then the court shall order a referendum
3 by the legal voters to be held in the proposed district to
4 determine the question of organization of the proposed
5 district. The clerk of the circuit court shall certify the
6 order and the question to the proper election officials who
7 shall submit the question to the voters of the proposed
8 district at a referendum in accordance with the general
9 election law.
10 Notice of the referendum shall specify the purpose of
11 such referendum with a description of such proposed district,
12 and the name of the proposed district.
13 The clerk of the circuit court shall cause a statement of
14 the results of such referendum to be entered of record in the
15 circuit court, and if such district shall lie in more than
16 one county, a certified copy thereof shall be filed with the
17 clerk of the circuit court of each such other county who
18 shall file the same of record in the circuit court of such
19 county. If a majority of the votes cast in the referendum
20 are in favor of the organization of a conservation district,
21 such district shall thenceforth be deemed to be organized.
22 (Source: P.A. 89-445, eff. 2-7-96.)
23 Section 90. The Fire Protection District Act is amended
24 by changing Sections 19a and 20a as follows:
25 (70 ILCS 705/19a) (from Ch. 127 1/2, par. 38.2a)
26 Sec. 19a. (a) In any county having a population of more
27 than 600,000 but less than 2,000,000 1,000,000, territory
28 located within the corporate limits of any municipality and
29 which is included within the limits of any fire protection
30 district may be disconnected from the district and
31 transferred to another district providing fire protection
32 service within such municipality and to which the territory
-134- LRB9109070DJcd
1 is contiguous, in the manner hereinafter set forth, if: (1)
2 the municipality does not provide fire protection service;
3 (2) the territory comprises all of that portion of a fire
4 protection district located within such municipality; (3) the
5 territory would receive equal or greater benefits from the
6 district to which it seeks to be transferred; (4) the
7 district to which the transfer is sought to be made provides
8 fire protection service to more than 70% of the territory of
9 the municipality; and (5) the trustees of the district to
10 which the transfer is sought to be made do not file a written
11 refusal to accept the territory within the time hereinafter
12 specified.
13 (b) Territory disconnected pursuant to this Section
14 shall remain liable for its proportionate share of the bonded
15 indebtedness outstanding as of the date of disconnection, if
16 any, of the district from which it was disconnected, and
17 shall assume a proportionate share of the bonded
18 indebtedness, if any, of the district to which it is
19 transferred.
20 (c) Five percent or more of the legal voters residing
21 within the limits of the territory proposed to be transferred
22 may file a petition, in the court of the county where the
23 district to which it seeks to be transferred is organized,
24 setting forth: the description of the territory sought to be
25 transferred; that the territory is located within the
26 corporate limits of a municipality; that the district to
27 which the transfer is sought provides fire protection service
28 within such municipality; that the territory is contiguous to
29 the district to which the transfer is sought to be made; that
30 such municipality does not provide fire protection service;
31 that the territory comprises all of that portion of a fire
32 protection district located within such municipality; that
33 the territory will receive equal or greater benefits from the
34 district to which it seeks the transfer; that the district to
-135- LRB9109070DJcd
1 which the transfer is sought to be made provides fire
2 protection service to more than 70% of the territory of such
3 municipality; and the amount of any outstanding bonded
4 indebtedness against the district or districts in which the
5 territory is then situated which has been incurred pursuant
6 to this Act; and praying that the question whether the
7 transfer shall be made, and whether the voters of such
8 territory shall remain liable for a proportionate share of
9 the bonded indebtedness outstanding as of the date of the
10 transfer, if any, of the district from which it was
11 transferred and also assume a proportionate share of the
12 bonded indebtedness, if any, of the district to which the
13 transfer is to be made, be submitted to the voters of the
14 territory sought to be transferred.
15 (d) Upon the filing of the petition, the court shall set
16 a day for hearing, not less than 2 weeks nor more than 4
17 weeks from the filing thereof, and the court, or the circuit
18 clerk or sheriff upon order of the court, shall give 2 weeks
19 notice of such hearing in one or more daily or weekly
20 newspapers of general circulation in the county or in each
21 county wherein the district or districts from which the
22 territory sought to be transferred is organized, and by
23 posting at least 10 copies of the notice in conspicuous
24 places in the district or in each of the districts from which
25 the territory is sought to be transferred, and in addition
26 shall cause a copy of the notice to be personally served upon
27 each of the trustees of the district to which the transfer is
28 sought to be made at least one week before the date set for
29 the hearing. In such notice, or in any accompanying notice
30 to be served upon the trustees at the same time, a recital
31 shall be made stating that the trustees may at any time prior
32 to the date of the hearing, or within such additional time as
33 may be granted by the court upon request in writing filed on
34 or before such date, file a written refusal to accept the
-136- LRB9109070DJcd
1 territory as part of their district. However, such
2 notification need not be given to the trustees if they file
3 in the proceeding their written appearances or written
4 consent to a transfer of the territory to their district.
5 (e) At any time prior to the date set for the hearing,
6 or within such additional time as may be granted by the
7 court, the trustees of the district to which the transfer is
8 sought to be made may file a written refusal to accept the
9 territory as part of their district and in case of such
10 refusal the court shall enter an order dismissing the
11 petition for the transfer. The trustees may withdraw their
12 refusal at any time prior to the entry of an order dismissing
13 the petition. In case the trustees fail to file a written
14 refusal within the time hereinbefore authorized, they shall
15 be deemed to have consented to a transfer of the territory to
16 their district, and consent once given may not be withdrawn
17 without leave of court for good cause shown. In case of such
18 consent, the court shall proceed with the matter as herein
19 provided, but if the court finds that any of the conditions
20 herein required for the making of a transfer do not exist it
21 shall enter an order dismissing the petition. In taking any
22 action upon the petition, the findings of the court shall
23 become a part of the court record in the case.
24 (f) All property owners in the district from which the
25 transfer is sought, and all persons interested therein, may
26 file objections, and at the hearing may appear and contest
27 the transfer and the matters averred in the petition, and
28 objectors and petitioners may offer any competent evidence in
29 regard thereto. In addition, all persons residing in or
30 interested in any of the property situated in the territory
31 sought to be transferred shall have an opportunity to be
32 heard regarding the location and boundary of the territory to
33 be voted upon for such transfer, and may make suggestions
34 about such matters.
-137- LRB9109070DJcd
1 (g) If the court shall, upon hearing the petition, find
2 that the territory described in the petition would receive
3 equal or greater benefits by being so transferred and meet
4 the conditions hereinbefore set forth, it shall certify to
5 the proper election officials the question of whether the
6 territory shall be transferred, and its order, and such
7 officials shall submit that question at an election in such
8 territory in accordance with the general election law. The
9 proposition shall be in substantially the following form:
10 -------------------------------------------------------------
11 For making the transfer from the
12 .......... Fire Protection
13 District to the .......... Fire
14 Protection District, remaining liable
15 for a proportionate share of the bonded
16 indebtedness outstanding as of the date
17 of disconnection, if any, of the district
18 from which disconnection is proposed,
19 and also assuming a proportionate
20 share of the bonded indebtedness, if
21 any, of the district to which transfer
22 is proposed.
23 -------------------------------------------------------------
24 Against making the transfer from
25 the .......... Fire Protection
26 District to the ..........
27 Fire Protection District, remaining
28 liable for a proportionate share of
29 the bonded indebtedness outstanding
30 as of the date of disconnection, if
31 any, of the district from which
32 disconnection is proposed, and also
33 assuming a proportionate share of the
34 bonded indebtedness, if any, of the
-138- LRB9109070DJcd
1 district to which the transfer is proposed.
2 -------------------------------------------------------------
3 (h) If a majority of the votes cast upon the question of
4 making the transfer shall be in favor of the transfer, the
5 territory shall thenceforth cease to be a part of the fire
6 protection district or districts to which it has been
7 attached and shall become an integral part of the fire
8 protection district to which the transfer shall have been
9 sought and shall be subject to all the enjoyments and
10 responsibilities of the latter district. In each case in
11 which a transfer is effected pursuant to the provisions
12 hereof, the circuit clerk in whose court the transfer
13 proceedings have been conducted shall certify copies of all
14 orders entered in effecting such transfer and file or send
15 them to the proper county clerk or clerks for filing and to
16 the Office of the State Fire Marshal.
17 (Source: P.A. 85-556.)
18 (70 ILCS 705/20a) (from Ch. 127 1/2, par. 38.3a)
19 Sec. 20a. (a) Territory not exceeding 100 acres included
20 within the limits of any fire protection district and a home
21 rule municipality that provides fire protection services or
22 within the limits of any fire protection district and wholly
23 surrounded by a home rule municipality having between 50,000
24 and 55,000 inhabitants that provides fire protection
25 services, in any county having a population of 2,000,000
26 1,000,000 or more, may be disconnected from the district and
27 receive fire protection services from the municipality,
28 regardless of whether the transfer will cause the territory
29 remaining in the district to be noncontiguous, with the
30 boundaries of the noncontiguous sections not to be separated
31 by a distance of more than 2,000 feet, in the manner set
32 forth in this Section and under the following conditions:
33 (1) if the fire stations of the municipality are
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1 manned 24 hours a day;
2 (2) if the territory being disconnected is all of
3 the territory within the fire protection district
4 contained within the limits of the municipality or is all
5 of the unincorporated territory within the fire
6 protection district area wholly surrounded by a
7 municipality having between 50,000 and 55,000
8 inhabitants; and
9 (3) if the corporate authorities of the
10 municipality to which transfer is sought do not file a
11 written refusal to accept the territory within the time
12 required under this Section.
13 (b) Territory disconnected under this Section shall
14 remain liable for its proportionate share of the bonded
15 indebtedness outstanding as of the date of disconnection, if
16 any, of the district from which it was disconnected.
17 (c) Five per cent or more of the legal voters residing
18 within the limits of the territory proposed to be transferred
19 may file a petition, in the court of the county where the
20 municipality to which it seeks to be transferred is located,
21 setting forth the following: the description of the territory
22 sought to be transferred and the amount of any outstanding
23 bonded indebtedness against the district in which the
24 territory is then situated that has been incurred under this
25 Act; and praying that the question whether the transfer shall
26 be made, and whether the voters of such territory shall
27 remain liable for a proportionate share of the bonded
28 indebtedness outstanding as of the date of disconnection, if
29 any, of the district from which it was disconnected, be
30 submitted to the voters of the territory sought to be
31 transferred.
32 (d) Upon the filing of the petition, the court shall set
33 a day for hearing, not less than 2 weeks nor more than 4
34 weeks from the filing of the petition, and the court, or the
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1 circuit clerk or sheriff upon order of the court, shall give
2 2 weeks notice of the hearing in one or more daily or weekly
3 newspapers of general circulation in the county or in each
4 county where the district from which the territory sought to
5 be transferred is organized, and by posting at least 10
6 copies of the notice in conspicuous places in the district
7 from which the territory is sought to be transferred. In
8 addition, the court shall cause a copy of the notice to be
9 personally served upon the corporate authorities of the
10 municipality to which the transfer is sought at least one
11 week before the date set for the hearing, and in the notice,
12 or in any accompanying notice to be served upon the corporate
13 authorities at the same time, a recital shall be made stating
14 that the corporate authorities may at any time before the
15 date of the hearing, or within such additional time as may be
16 granted by the court upon request in writing filed on or
17 before that date, file a written refusal to accept the
18 territory as a part of their municipality. The notification
19 need not be given to the corporate authorities if they file
20 in the proceeding their written appearances or written
21 consent to the transfer.
22 (e) At any time before the date set for the hearing, or
23 within such additional time as may be granted by the court,
24 the corporate authorities of the municipality to which the
25 transfer is sought to be made may file a written refusal to
26 accept the transfer, and in case of their refusal the court
27 shall enter an order dismissing the petition for the
28 transfer. The corporate authorities may withdraw their
29 refusal at any time before the entry of an order dismissing
30 the petition. In case the corporate authorities fail to file
31 a written refusal within the time required under this
32 Section, they shall be deemed to have consented to the
33 transfer, and that consent once given may not be withdrawn
34 without leave of court for good cause shown. In case of such
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1 consent, the court shall proceed with the matter as provided
2 in this Section, but if the court finds that any of the
3 conditions required under this Section for the making of a
4 transfer do not exist, it shall enter an order dismissing the
5 petition. In taking any action upon the petition, the
6 findings of the court shall become a part of the court record
7 in the case.
8 (f) All property owners in the district from which the
9 transfer is sought, and all persons interested therein, may
10 file objections, at the hearing they may appear and contest
11 the transfer and the matters averred in the petition, and
12 both objectors and petitioners may offer any competent
13 evidence in regard to those matters. In addition, all
14 persons residing in or interested in any of the property
15 situated in the territory sought to be transferred shall have
16 an opportunity to be heard concerning the location and
17 boundary of the territory to be voted upon for transfer, and
18 they may make suggestions regarding those matters.
19 (g) If the court shall, upon hearing the petition, find
20 that the petition meets the conditions imposed under this
21 Section, it shall certify to the proper election officials
22 the question of whether the territory shall be transferred,
23 and those officials shall submit that question at an election
24 in the territory in accordance with the general election law.
25 The proposition shall be in substantially the following form:
26 -------------------------------------------------------------
27 For making the transfer for fire protection
28 purposes from the Fire Protection
29 District to the Village (City) of ,
30 remaining liable for a proportionate share of
31 the bonded indebtedness outstanding as of
32 the date of disconnection, if any, of the
33 district from which disconnection is proposed.
34 -------------------------------------------------------------
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1 Against making the transfer for fire protection
2 purposes from the Fire Protection
3 District to the Village (City) of ,
4 remaining liable for a proportionate share of
5 the bonded indebtedness outstanding as of
6 the date of disconnection, if any, of the
7 district from which disconnection is proposed.
8 -------------------------------------------------------------
9 If a majority of the votes cast upon the question of
10 making the transfer shall be in favor of the transfer, the
11 territory shall then cease to be a part of the fire
12 protection district or districts to which it has been
13 attached and shall receive fire protection services from the
14 municipality of which it is a part. In each case in which a
15 transfer is effected under this Section, the circuit clerk in
16 whose court the transfer proceedings have been conducted
17 shall certify copies of all orders entered in effecting the
18 transfer and file or send them to the proper county clerk or
19 clerks for filing and to the Office of the State Fire
20 Marshal.
21 (h) If no legal voters reside in the territory being
22 disconnected and proposed to be transferred, a majority of
23 all owners, whether corporate or individual, of real property
24 in the territory being disconnected and proposed to be
25 transferred may file a petition in the circuit court of the
26 county in which is located the municipality to which the
27 district is proposed to be transferred. The petition shall
28 set forth the description of the territory sought to be
29 transferred and the amount of any outstanding bonded
30 indebtedness against the district in which the territory is
31 then situated that has been incurred under this Act. The
32 petition shall request that the court order the disconnection
33 and transfer.
34 Upon the filing of the petition the court shall set a
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1 date for a hearing not less than 2 weeks nor more than 4
2 weeks after the date the petition is filed. The court, or
3 the circuit clerk or sheriff upon order of the court, shall
4 give 2 weeks notice of the hearing by publishing the notice
5 in one or more daily or weekly newspapers of general
6 circulation in the county or in each county where the
7 district from which the territory is sought to be transferred
8 is organized and by posting at least 10 copies of the notice
9 in conspicuous places in the district from which the
10 territory is sought to be transferred. In addition, the
11 court shall cause a copy of the notice to be personally
12 served on the corporate authorities of the municipality to
13 which the transfer is sought at least one week before the
14 date set for the hearing. In that notice or in any
15 accompanying notice to be served upon the corporate
16 authorities at the same time, a recital shall be made stating
17 that the corporate authorities, at any time before the date
18 of the hearing or within additional time granted by the court
19 upon written request filed on or before that date, may file a
20 written refusal to accept the territory as a part of the
21 municipality. The notification need not be given to the
22 corporate authorities if they file in the proceeding their
23 written appearances or written consent to the transfer.
24 If the court finds that the petition is filed by a
25 majority of all owners, whether corporate or individual, of
26 real property within the district and that the provisions of
27 subsection (a) have been met, the court shall order the
28 disconnection, and the territory shall cease to be a part of
29 the fire protection district or districts to which it has
30 been attached and shall receive fire protection services from
31 the municipality of which it is a part.
32 In each case in which a transfer is effected under this
33 subsection, the circuit court in which the transfer
34 proceedings have been conducted shall certify copies of all
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1 orders entered in effecting the transfer and shall file them
2 with or send them to the proper county clerk or clerks for
3 filing. The court also shall send them to the Office of the
4 State Fire Marshal.
5 This subsection (h) applies only to petitions to
6 disconnect where the territory being disconnected is a
7 portion of a fire protection district and the territory being
8 disconnected is within an unincorporated area wholly
9 surrounded by the municipality having between 50,000 and
10 55,000 inhabitants.
11 (Source: P.A. 89-509, eff. 7-5-96.)
12 Section 93. The Cook County Forest Preserve District
13 Act is amended by changing Section 3 as follows:
14 (70 ILCS 810/3) (from Ch. 96 1/2, par. 6406)
15 Sec. 3. Any contiguous territory lying wholly within one
16 county may be incorporated as a forest preserve district
17 under the conditions and in the manner prescribed in Sections
18 1 and 2 of the Downstate Forest Preserve District Act "An Act
19 to provide for the creation and management of forest preserve
20 districts in counties having a population of less than
21 1,000,000", approved June 27, 1913, as now or hereafter
22 amended, and the provisions of those Sections shall apply to
23 the same extent as if included herein.
24 Nothing in this Act shall impair the validity of a forest
25 preserve district organized prior to the effective date of
26 this Act or affect any rights, obligations or privileges of
27 such a forest preserve district, or those of any person,
28 existing prior to the effective date of this Act.
29 (Source: P.A. 80-320.)
30 Section 95. The Hospital District Law is amended by
31 changing Section 4 as follows:
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1 (70 ILCS 910/4) (from Ch. 23, par. 1254)
2 Sec. 4. A Hospital District may be created, incorporated
3 and managed as provided in this Act and may exercise the
4 powers herein granted or necessarily implied. A Hospital
5 District may include municipalities or territory not in
6 municipalities or both or territory in one or more counties;
7 provided, that the provisions of this Act shall not be
8 effective in counties having a population of more than
9 2,000,000 1,000,000 inhabitants. The territory of any
10 municipality shall not be divided and the territory contained
11 within the corporate limits of an existing Hospital District
12 shall not be incorporated in another Hospital District.
13 (Source: Laws 1965, p. 2148.)
14 Section 100. The Mosquito Abatement District Act is
15 amended by changing Section 12a as follows:
16 (70 ILCS 1005/12a) (from Ch. 111 1/2, par. 85.1)
17 Sec. 12a. Any mosquito abatement district organized under
18 the provisions of this Act which lies wholly within a county
19 having fewer than 2,000,000 1,000,000 inhabitants which
20 levies a tax for mosquito abatement pursuant to Section
21 25.05-4 of "An Act in relation to counties", approved March
22 31, 1874, as heretofore or hereafter amended, shall be
23 dissolved and discontinued upon the action by such county
24 board which levies such tax.
25 The trustees of such mosquito abatement district shall
26 immediately proceed to wind up the affairs of such district
27 and shall have the same powers as before dissolution to levy
28 taxes for the purpose of paying the debts, obligations and
29 liabilities of such mosquito abatement district outstanding
30 on the date of such dissolution and the necessary expenses of
31 closing up the affairs of such district. All property of such
32 district shall be sold and in case any excess remains after
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1 all liabilities of such district are paid such excess shall
2 be paid to the various common school districts located in
3 such mosquito abatement district ratably in the proportion
4 that the taxable value of all the property in each of the
5 school districts bears to the taxable value of all the
6 property in the mosquito abatement district.
7 (Source: Laws 1963, p. 3019.)
8 Section 105. The Park District Code is amended by
9 changing Sections 3-6b, 3-6d, and 8-1 as follows:
10 (70 ILCS 1205/3-6b) (from Ch. 105, par. 3-6b)
11 Sec. 3-6b. The owner or owners of record of any area of
12 land consisting of one or more tracts located in a county or
13 counties having a population of less than 2,000,000 1,000,000
14 lying within the corporate limits of any park district which
15 (1) is not contiguous in whole or in part to any other park
16 district; (2) contains 20 or more acres; (3) is not
17 subdivided into municipal lots and blocks; (4) is located on
18 the border of the park district, (5) which, if disconnected
19 will not result in the isolation of any part of the park
20 district from the remainder of the park district, and (6)
21 which, if disconnected will not result in reducing the
22 assessed valuation, as equalized or assessed by the
23 Department of Revenue, of all of the taxable property within
24 the park district to be ascertained by the last assessment
25 for state and county taxes prior to the filing of the
26 petition, to less than $20,000,000, may have the area
27 disconnected as follows:
28 The owner or owners of record of any such area shall file
29 a petition in the circuit court of the county in which the
30 land is situated, alleging facts in support of the
31 disconnection. If such area of land is located in 2 or more
32 counties, such petition shall be filed in the circuit court
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1 of the county in which the largest portion of such area of
2 land is located. The park district from which disconnection
3 is sought shall be made a defendant and it or any taxpayer
4 residing in the park district may appear and defend against
5 the petition. If the court finds that the allegations of the
6 petition are true, and that the area of land is entitled to
7 disconnection, it shall order the designated land
8 disconnected from the designated park district. Such petition
9 shall be filed within one year after the park district is
10 organized.
11 This Section shall apply only to park districts which are
12 organized after the effective date of this amendatory Act.
13 (Source: P.A. 81-1509.)
14 (70 ILCS 1205/3-6d) (from Ch. 105, par. 3-6d)
15 Sec. 3-6d. (a) This Section applies only in a park
16 district located in whole or in part within a county with a
17 population of more than 250,000 but less than 2,000,000
18 1,000,000.
19 (b) A contiguous area of land containing one or more
20 tracts may be disconnected from the district if (1) the area
21 contains 20 acres or more in the aggregate, (2) the area is
22 located on the border of the district, (3) disconnection will
23 not cause any part of the district to be isolated from the
24 rest of the district, and (4) the district has levied taxes
25 in a total amount of less than $10,000 for each of the 5
26 previous years.
27 (c) The owner or owners of record of the area must file
28 a petition in the circuit court of the county in which the
29 land is situated alleging facts in support of the
30 disconnection. If the area is located in 2 or more counties,
31 the petition must be filed in the circuit court of the county
32 in which the largest portion of the area is located. The
33 district from which disconnection is sought shall be made a
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1 defendant, and it or any taxpayer residing in the district
2 may appear and defend against the petition. If the court
3 finds that the allegations of the petition are true and that
4 the area is entitled to disconnection, it shall order the
5 area disconnected from the district.
6 (Source: P.A. 86-132.)
7 (70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
8 Sec. 8-1. Every park district shall, from the time of
9 its organization, be a body corporate and politic by such
10 name as set forth in the petition for its organization or
11 such name as it may adopt under Section 8-8 hereof and shall
12 have and exercise the following powers:
13 (a) To adopt a corporate seal and alter the same at
14 pleasure; to sue and be sued; and to contract in furtherance
15 of any of its corporate purposes.
16 (b) (1) To acquire by gift, legacy, grant or purchase,
17 or by condemnation in the manner provided for the exercise of
18 the power of eminent domain under Article VII of the Code of
19 Civil Procedure, approved August 19, 1981, as amended, any
20 and all real estate, or rights therein necessary for
21 building, laying out, extending, adorning and maintaining any
22 such parks, boulevards and driveways, or for effecting any of
23 the powers or purposes granted under this Code as its board
24 may deem proper, whether such lands be located within or
25 without such district; but no park district, except as
26 provided in paragraph (2) of this subsection, shall have any
27 power of condemnation in the manner provided for the exercise
28 of the power of eminent domain under Article VII of the Code
29 of Civil Procedure, approved August 19, 1981, as amended, or
30 otherwise as to any real estate, lands, riparian rights or
31 estate, or other property situated outside of such district,
32 but shall only have power to acquire the same by gift,
33 legacy, grant or purchase, and such district shall have the
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1 same control of and power over lands so acquired without the
2 district as over parks, boulevards and driveways within such
3 district.
4 (2) In addition to the powers granted in paragraph (1)
5 of subsection (b), a park district located in more than one
6 county, the majority of its territory located in a county
7 over 450,000 in population and none of its territory located
8 in a county over 2,000,000 1,000,000 in population, shall
9 have condemnation power in the manner provided for the
10 exercise of the power of eminent domain under Article VII of
11 the Code of Civil Procedure, approved August 19, 1981, as
12 amended, or as otherwise granted by law as to any and all
13 real estate situated up to one mile outside of such district
14 which is not within the boundaries of another park district.
15 (c) To acquire by gift, legacy or purchase any personal
16 property necessary for its corporate purposes provided that
17 all contracts for supplies, materials or work involving an
18 expenditure in excess of $10,000 shall be let to the lowest
19 responsible bidder, considering conformity with
20 specifications, terms of delivery, quality, and
21 serviceability, after due advertisement, excepting contracts
22 which by their nature are not adapted to award by competitive
23 bidding, such as contracts for the services of individuals
24 possessing a high degree of professional skill where the
25 ability or fitness of the individual plays an important part,
26 contracts for the printing of finance committee reports and
27 departmental reports, contracts for the printing or engraving
28 of bonds, tax warrants and other evidences of indebtedness,
29 contracts for utility services such as water, light, heat,
30 telephone or telegraph, contracts for the use, purchase,
31 delivery, movement, or installation of data processing
32 equipment, software, or services and telecommunications and
33 interconnect equipment, software, or services, contracts for
34 duplicating machines and supplies, contracts for goods or
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1 services procured from another governmental agency, purchases
2 of equipment previously owned by some entity other than the
3 district itself, and contracts for the purchase of magazines,
4 books, periodicals, pamphlets and reports and excepting where
5 funds are expended in an emergency and such emergency
6 expenditure is approved by 3/4 of the members of the board.
7 All competitive bids for contracts involving an
8 expenditure in excess of $10,000 must be sealed by the bidder
9 and must be opened by a member or employee of the park board
10 at a public bid opening at which the contents of the bids
11 must be announced. Each bidder must receive at least 3 days
12 notice of the time and place of the bid opening.
13 For purposes of this subsection, "due advertisement"
14 includes, but is not limited to, at least one public notice
15 at least 10 days before the bid date in a newspaper published
16 in the district or, if no newspaper is published in the
17 district, in a newspaper of general circulation in the area
18 of the district.
19 (d) To pass all necessary ordinances, rules and
20 regulations for the proper management and conduct of the
21 business of the board and district and to establish by
22 ordinance all needful rules and regulations for the
23 government and protection of parks, boulevards and driveways
24 and other property under its jurisdiction, and to effect the
25 objects for which such districts are formed.
26 (e) To prescribe such fines and penalties for the
27 violation of ordinances as it shall deem proper not exceeding
28 $500 for any one offense, which fines and penalties may be
29 recovered by an action in the name of such district in the
30 circuit court for the county in which such violation
31 occurred. The park district may also seek in the action, in
32 addition to or instead of fines and penalties, an order that
33 the offender be required to make restitution for damage
34 resulting from violations, and the court shall grant such
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1 relief where appropriate. The procedure in such actions
2 shall be the same as that provided by law for like actions
3 for the violation of ordinances in cities organized under the
4 general laws of this State, and offenders may be imprisoned
5 for non-payment of fines and costs in the same manner as in
6 such cities. All fines when collected shall be paid into the
7 treasury of such district.
8 (f) To manage and control all officers and property of
9 such districts and to provide for joint ownership with one or
10 more cities, villages or incorporated towns of real and
11 personal property used for park purposes by one or more park
12 districts. In case of joint ownership, the terms of the
13 agreement shall be fair, just and equitable to all parties
14 and shall be set forth in a written agreement entered into by
15 the corporate authorities of each participating district,
16 city, village or incorporated town.
17 (g) To secure grants and loans, or either, from the
18 United States Government, or any agency or agencies thereof,
19 for financing the acquisition or purchase of any and all real
20 estate, or rights therein, or for effecting any of the powers
21 or purposes granted under this Code as its Board may deem
22 proper.
23 (h) To establish fees for the use of facilities and
24 recreational programs of the districts and to derive revenue
25 from non-resident fees from their operations. Fees charged
26 non-residents of such district need not be the same as fees
27 charged to residents of the district. Charging fees or
28 deriving revenue from the facilities and recreational
29 programs shall not affect the right to assert or utilize any
30 defense or immunity, common law or statutory, available to
31 the districts or their employees.
32 (i) To make contracts for a term exceeding one year, but
33 not to exceed 3 years, notwithstanding any provision of this
34 Code to the contrary, relating to: (1) the employment of a
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1 park director, superintendent, administrator, engineer,
2 health officer, land planner, finance director, attorney,
3 police chief, or other officer who requires technical
4 training or knowledge; (2) the employment of outside
5 professional consultants such as engineers, doctors, land
6 planners, auditors, attorneys, or other professional
7 consultants who require technical training or knowledge; and
8 (3) the provision of data processing equipment and services.
9 With respect to any contract made under this subsection (i),
10 the corporate authorities shall include in the annual
11 appropriation ordinance for each fiscal year an appropriation
12 of a sum of money sufficient to pay the amount which, by the
13 terms of the contract, is to become due and payable during
14 that fiscal year.
15 (j) To enter into licensing or management agreements
16 with not-for-profit corporations organized under the laws of
17 this State to operate park district facilities if the
18 corporation covenants to use the facilities to provide public
19 park or recreational programs for youth.
20 (Source: P.A. 88-91; 88-426; 88-670, eff. 12-2-94; 89-458,
21 eff. 5-24-96; 89-509, eff. 7-5-96.)
22 Section 110. The Mt. Carmel Regional Port District Act
23 is amended by changing Section 35 as follows:
24 (70 ILCS 1835/35) (from Ch. 19, par. 735)
25 Sec. 35.
26 The provisions of the Illinois Municipal Code, approved
27 May 29, 1961, as now or hereafter amended, or the provisions
28 of "An Act in relation to airport authorities", approved
29 April 4, 1945, as now or hereafter amended, or the provisions
30 of "An Act to empower counties to acquire, own, construct,
31 manage, maintain, operate, and lease airports and landing
32 fields, to levy taxes and issue bonds therefor, and to
-153- LRB9109070DJcd
1 exercise the power of eminent domain", approved March 14,
2 1941, as now or hereafter amended, or the provisions of the
3 County Airports Act "An Act to authorize counties having less
4 than 1,000,000 population to acquire, construct, improve,
5 repair, maintain and operate certain airports, to charge for
6 the use thereof and repealing a certain act herein named",
7 approved July 17, 1945, as now or hereafter amended, or the
8 provisions of the County Airport Law of 1943 "An Act in
9 relation to the establishment, acquisition, maintenance and
10 operation of airports and landing fields by counties of less
11 than 1,000,000 population, and by such counties jointly with
12 certain taxing districts located within or partly within such
13 counties, and to provide for the financing thereof", approved
14 July 22, 1943, as now or hereafter amended, shall not be
15 effective within the area of the District insofar as those
16 Acts conflict with this Act or grant substantially the same
17 powers to any municipal corporation or political subdivision
18 as are granted to the District by this Act.
19 (Source: P.A. 77-843.)
20 Section 115. The Water Commission Act of 1985 is
21 amended by changing Section 2 as follows:
22 (70 ILCS 3720/2) (from Ch. 111 2/3, par. 252)
23 Sec. 2. The General Assembly hereby finds and declares
24 that it is necessary and in the public interest to help
25 assure a sufficient and economic supply of a source of water
26 within those county wide areas of this State where, because
27 of a growth in population and proximity to large urban
28 centers, the health, safety and welfare of the residents is
29 threatened by an ever increasing shortage of a continuing,
30 available and adequate source and supply of water on an
31 economically reasonable basis; however, it is not the intent
32 of the General Assembly to interfere with the power of
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1 municipalities to provide for the retail distribution of
2 water to their residents or the customers of their water
3 systems. Therefore, in order to provide for a sufficient and
4 economic supply of water to such areas, it is hereby declared
5 to be the law of this State that:
6 (a) With respect to any water commission constituted
7 pursuant to Division 135 of the Illinois Municipal Code or
8 established by operation of law under Public Act 83-1123, as
9 amended, which water commission includes municipalities which
10 in the aggregate have within their corporate limits more than
11 50% of the population of a county (hereinafter referred to as
12 a "home county"), and such county is contiguous to a county
13 which has a population in excess of 2,000,000 1,000,000
14 inhabitants, the provisions of this Act shall apply. With
15 respect to any such water commission (hereinafter referred to
16 as a "county water commission"):
17 (i) the terms of all commissioners of such
18 commission holding office at the time a water commission
19 becomes a county water commission shall terminate 30 days
20 after such time and new commissioners shall be appointed
21 as the governing board of the county water commission as
22 hereinafter provided in subsection (c); and
23 (ii) the county water commission shall continue to
24 be a body corporate and politic, and shall bear the name
25 of the home county but shall be independent from and not
26 a part of the county government and shall itself be a
27 political subdivision and a unit of local government, and
28 upon appointment of the new commissioners as the
29 governing board of such water commission as provided in
30 subsection (c), such water commission shall remain
31 responsible for the full payment of, and shall by
32 operation of law be deemed to have assumed and shall pay
33 when due all debts and obligations of the commission as
34 the same is constituted and as such debts and obligations
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1 existed on the date such water commission becomes a
2 county water commission and such additional debts and
3 obligations as are incurred by such commission after such
4 date and prior to the appointment of the new
5 commissioners as the governing board of such commission,
6 and further shall continue to have and exercise all
7 powers and functions and duties of a water commission
8 created pursuant to Division 135 of the Illinois
9 Municipal Code, as now or hereafter amended, and the
10 county water commission may rely on that Division, as
11 modified and supplemented by the provisions of this Act,
12 as lawful authority under which it may act.
13 (b) Any county water commission shall have as its
14 territory within its corporate limits, subject to taxation
15 for its purposes, and subject to the powers and limitations
16 as conferred by this Act, (i) all of the territory of the
17 home county except that territory located within the
18 corporate limits of excluded units as hereinafter defined and
19 (ii) also all of the territory located outside the home
20 county and included within the corporate limits of an
21 included unit as hereinafter defined. As used in this Act,
22 "excluded unit" means a unit of local government having a
23 waterworks system and having within its corporate limits
24 territory within the home county and which, at the time any
25 commission becomes a county water commission, receives, or
26 has contracted at such time for the receipt of, more than 25%
27 of the water distributed by such unit's water system from a
28 source outside of the home county. As used in this Section,
29 "included unit" means any unit of local government having a
30 waterworks system and having within its corporate limits
31 territory within the home county, which unit of local
32 government is not an excluded unit. No other water
33 commission shall be constituted under Division 135 of the
34 Illinois Municipal Code in any home county after the
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1 effective date of this Act to provide water from any source
2 located outside the home county. Except as authorized by a
3 county water commission, no home county or included unit
4 shall enter into any new or renew or extend any existing
5 contract, agreement or other arrangement for the acquisition
6 or sale of water from any source located outside a home
7 county; provided, however, that any included unit may
8 contract for a supply of water in case of a temporary
9 emergency from any other unit of local government or any
10 entity. In the event that any included unit elects to serve
11 retail customers outside its corporate boundaries and to
12 establish rates and charges for such water in excess of those
13 charged within its corporate boundaries, such rates and
14 charges shall have a reasonable relationship to the actual
15 cost of providing and delivering the water; this provision is
16 declarative of existing law. It is declared to be the law of
17 this State pursuant to paragraphs (g) and (h) of Section 6 of
18 Article VII of the Illinois Constitution that in any home
19 county, the provisions of this Act and Division 135 of the
20 Illinois Municipal Code, as modified and supplemented by this
21 Act, constitute a limitation upon the power of any such
22 county and upon all units of local government (except
23 excluded units) within such county, including home rule
24 units, limiting to such county, units of local government and
25 home rule units the power to acquire, supply or distribute
26 water or to establish any water commission for such purposes
27 involving water from any source located outside the home
28 county in a manner other than as provided or permitted by
29 this Act and Division 135, as modified and supplemented by
30 this Act, and further constitute an exercise of exclusive
31 State power with respect to the acquisition, supply and
32 distribution of water from any source located outside the
33 home county by any such county and by units of local
34 government (except excluded units), including home rule
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1 units, within such county and with respect to the
2 establishment for such purposes of any water commission
3 therein, which power may not be exercised concurrently by any
4 unit of local government or home rule unit. Upon the request
5 of any included unit, a county water commission shall provide
6 such included unit Lake Michigan water in an amount up to the
7 then current Department of Transportation allocation of Lake
8 Michigan water for such included unit.
9 With respect to a water commission to which the
10 provisions of subsection (a) apply, all uninhabited territory
11 that is owned and solely occupied by such a commission and is
12 located not within its home county but within a non-home rule
13 municipality adjacent to its home county shall,
14 notwithstanding any other provision of law, be disconnected
15 from that municipality by operation of this Act on the
16 effective date of this amendatory Act of 1991, and shall
17 thereafter no longer be within the territory of the
18 municipality for any purpose; except that for the purposes of
19 any statute that requires contiguity of territory, the
20 territory of the water commission shall be disregarded and
21 the municipality shall not be deemed to be noncontiguous by
22 virtue of the disconnection of the water commission
23 territory.
24 (c) The governing body of any water commission to which
25 the provisions of subsection (a) apply shall be a board of
26 commissioners, each to be appointed within 30 days after the
27 water commission becomes a county water commission to a term
28 commencing on such date, as follows:
29 (i) one commissioner, who shall serve as chairman,
30 who shall be a resident of the home county, to be
31 appointed by the chairman of the county board of such
32 county with the advice and consent of the county board;
33 (ii) one commissioner from each county board
34 district within the home county, to be appointed by the
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1 chairman of the county board of the home county with the
2 advice and consent of the county board; and
3 (iii) one commissioner from each county board
4 district within the home county, to be appointed by the
5 majority vote of the mayors of those included units which
6 are municipalities and which have the greatest percentage
7 of their respective populations residing within such
8 county board district of the home county.
9 The mayors of the respective county board districts shall
10 meet for the purpose of making said respective appointments
11 at a time and place designated by that mayor in each county
12 board district of the included unit with the largest
13 population voting for a commissioner upon not less than 10
14 days' written notice to each other mayor entitled to vote.
15 The commissioners so appointed shall serve for a term of
16 6 years, or until their successors have been appointed and
17 have qualified in the same manner as the original
18 appointments, except that at the first meeting of such
19 commissioners, (A) the commissioners first appointed pursuant
20 to paragraph (ii) of this subsection shall determine publicly
21 by lot 1/3 of their number to serve for terms of 2 years, 1/3
22 of their number to serve for terms of 4 years and 1/3 of
23 their number to serve for terms of 6 years, any odd number of
24 commissioners so determined by dividing into thirds to serve
25 6 year terms, and (B) the commissioners first appointed
26 pursuant to paragraph (iii) of this subsection shall
27 determine publicly by lot 1/3 of their number to serve for
28 terms of 2 years, 1/3 of their number to serve for terms of 4
29 years and 1/3 of their number to serve for terms of 6 years,
30 any odd number of commissioners so determined by dividing
31 into thirds to serve 6 year terms. The commissioner first
32 appointed pursuant to paragraph (i) of this subsection, who
33 shall serve as chairman, shall serve for a term of 6 years.
34 Any commissioner may be a member of the governing board or an
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1 officer or employee of such county or any unit of local
2 government within such county. A commissioner is eligible
3 for reappointment upon the expiration of his term. A vacancy
4 in the office of a commissioner shall be filled for the
5 balance of the unexpired term by appointment and
6 qualification as to residency in the same manner as the
7 original appointment was made. Each commissioner shall
8 receive the same compensation which shall not be more than
9 $600 per year, except that no such commissioner who is a
10 member of the governing board or an officer or employee of
11 such county or any unit of local government within such
12 county may receive any compensation for serving as a
13 commissioner. Each commissioner may be removed by the
14 appointing authority for any cause for which any other county
15 or municipal officer may be removed. The county water
16 commission shall determine its own rules of proceeding. A
17 quorum shall be a majority of the commissioners then in
18 office. All ordinances or resolutions shall be passed by not
19 less than a majority of a quorum. No commissioner or
20 employee of the commission, no member of the county board or
21 other official elected within such county, no mayor or
22 president or other member of the corporate authorities of any
23 unit of local government within such county, and no employee
24 of such county or any such unit of local government, shall be
25 interested directly or indirectly in any contract or job of
26 work or materials, or the profits thereof, or services to be
27 performed for or by the commission. A violation of any of
28 the foregoing provisions of this subsection is a Class C
29 misdemeanor. A conviction is cause for the removal of a
30 person from his office or employment.
31 (d) Except as provided in subsection (g), subject to the
32 referendum provided for in subsection (e), a county water
33 commission may borrow money for corporate purposes on the
34 credit of the commission, and issue general obligation bonds
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1 therefor, in such amounts and form and on such conditions as
2 it shall prescribe, but shall not become indebted in any
3 manner or for any purpose in an amount including existing
4 indebtedness in the aggregate to exceed 5.75% of the
5 aggregate value of the taxable property within the
6 territorial boundaries of the county water commission, as
7 equalized and assessed by the Department of Revenue and as
8 most recently available at the time of the issue of said
9 bonds. Before or at the time of incurring any indebtedness,
10 except as provided in subsection (g), the commission shall
11 provide for the collection of a direct annual tax, which
12 shall be unlimited as to rate or amount, sufficient to pay
13 the interest on such debt as it falls due and also to pay and
14 discharge the principal thereof at maturity, which shall be
15 within 40 years after the date of issue thereof. Such tax
16 shall be levied upon and collected from all of the taxable
17 property within the territory of the county water commission.
18 Dissolution of the county water commission for any reason
19 shall not relieve the taxable property within such territory
20 of the county water commission from liability for such tax.
21 The clerk of the commission shall file a certified copy of
22 the resolution or ordinance by which such bonds are
23 authorized to be issued and such tax is levied with the
24 County Clerk of each county in which any of the territory of
25 the county water commission is located and such filing shall
26 constitute, without the doing of any other act, full and
27 complete authority for each such County Clerk to extend such
28 tax for collection upon all the taxable property within the
29 territory of the county water commission subject to such tax
30 in each and every year required sufficient to pay the
31 principal of and interest on such bonds, as aforesaid,
32 without limit as to rate or amount, and shall be in addition
33 to and in excess of all other taxes authorized to be levied
34 by the commission or any included unit. The general
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1 obligation bonds shall be issued pursuant to an ordinance or
2 resolution and may be issued in one or more series, and shall
3 bear such date or dates, mature at such time or times and in
4 any event not more than 40 years from the date thereof, be
5 sold at such price at private or public sale as determined by
6 a county water commission, bear interest at such rate or
7 rates such that the net effective interest rate received upon
8 the sale of such bonds does not exceed the maximum rate
9 determined under Section 2 of the Bond Authorization Act,
10 which rates may be fixed or variable, be in such
11 denominations, be in such form, either coupon or registered,
12 carry such conversion, registration, and exchange privileges,
13 be executed in such manner, be payable in such medium of
14 payment at such place or places within or without the State
15 of Illinois, be subject to such terms of redemption, and
16 contain or be subject to such other terms as the ordinance or
17 resolution may provide, and shall not be restricted by the
18 provisions of any other terms of obligations of public
19 agencies or private persons.
20 (e) No issue of general obligation bonds by a county
21 water commission (except bonds to refund an existing bonded
22 indebtedness) shall be authorized unless the commission
23 certifies the proposition of issuing such bonds to the proper
24 election officials, who shall submit the proposition to the
25 voters at an election in accordance with the general election
26 law, and the proposition has been approved by a majority of
27 those voting on the proposition.
28 The proposition shall be in the form provided in Section
29 5 or shall be substantially in the following form:
30 -------------------------------------------------------------
31 Shall general obligation
32 bonds for the purpose of
33 (state purpose), in the YES
34 sum of $....(insert amount), -----------------------------
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1 be issued by the ......... NO
2 (insert corporate name of
3 the county water commission)?
4 -------------------------------------------------------------
5 (f) In order to carry out and perform its powers and
6 functions and duties under the provisions of this Act and
7 Division 135 of the Illinois Municipal Code, as modified and
8 supplemented by this Act, the governing body of any county
9 water commission may by ordinance levy annually upon all
10 taxable property within its territory a tax at a rate not to
11 exceed .005% of the value of such property, as equalized or
12 assessed by the Department of Revenue for the year in which
13 the levy is made. In addition, any county water commission
14 may by ordinance levy upon all taxable property within its
15 territory, for one year only, an additional tax for such
16 purposes at a rate not to exceed .20% of the value of such
17 property, as equalized or assessed by the Department of
18 Revenue for that year; provided, however, that such tax may
19 not be levied more than once in any county water commission.
20 (g) Any county water commission shall have the power to
21 borrow money, subject to the indebtedness limitation provided
22 in subsection (d), from the home county or included units, in
23 such amounts and in such terms as agreed by the governing
24 bodies of the commission and the home county or included
25 units.
26 (h) No county water commission constituted pursuant to
27 the Act shall engage in the retail sale or distribution of
28 water to residents or customers of any municipality.
29 (i) Nothing in the Section requires any municipality to
30 contract with a county water commission for a supply of
31 water.
32 (j) The State of Illinois recognizes that any such
33 contract for the supply of water executed by a unit of local
34 government and a county water commission may contain terms
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1 and conditions intended by the parties thereto to be absolute
2 conditions thereof. The State of Illinois also recognizes
3 that persons may loan funds to a county water commission
4 (including, without limitation, the purchase of revenue or
5 general obligation bonds of such commission) in reliance upon
6 the terms and conditions of any such contract for the supply
7 of water. Therefore, the State of Illinois pledges and
8 agrees to those parties and persons which make loans of funds
9 to a county water commission that it will not impair or limit
10 the power or ability of a county water commission or a unit
11 of local government fully to carry out the terms of any
12 contract for the supply of water entered into by such county
13 water commission or unit of local government for the term of
14 such contracts or loans.
15 (Source: P.A. 87-145.)
16 Section 120. The Illinois Local Library Act is amended
17 by changing Section 3-7 as follows:
18 (75 ILCS 5/3-7) (from Ch. 81, par. 3-7)
19 Sec. 3-7. (1) When a municipality levies a tax under
20 this Article, which municipality is situated wholly or partly
21 in a township which also levies a tax under this Article, the
22 levy and collection of the library taxes are subject to these
23 provisions: (a) If a city, village or incorporated town which
24 levies a tax under this Article is located in a county of
25 less than 2,000,000 1,000,000 inhabitants and is situated
26 wholly or partly in a township which levies a tax under this
27 Article, such township may proceed as follows unless the
28 authority to levy a library tax in the area which lies in
29 both the municipality and the township has been determined
30 under subsection (c). The township may cause an abatement in
31 full of the township library tax on property subject to such
32 tax as also lies within a city, village or incorporated town
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1 which also levies a library tax for the same year. However,
2 such township may instead pay to such city, village or
3 incorporated town the entire amount collected for such
4 township from taxes levied under this Article on property
5 subject to a tax which such city, village or incorporated
6 town levies under this Article.
7 Whenever any city, village or incorporated town receives
8 any payments from a township as provided in this Section,
9 such city, village or incorporated town shall reduce and
10 abate from the tax levied by the authority of this Article a
11 rate which would produce an amount equal to the amount
12 received from such township.
13 (b) If a city, village or incorporated town which levies
14 a tax under this Article is located in a county of 2,000,000
15 1,000,000 or more inhabitants and is situated wholly or
16 partly in a township which levies a tax under this Article,
17 such township shall proceed as follows unless the authority
18 to levy a library tax in the area which lies in both the
19 municipality and the township has been determined under
20 subsection (c). The township shall cause an abatement in full
21 of the township library tax on property subject to such tax
22 as also lies within a city, village or incorporated town
23 which also levies a library tax for the same year. However,
24 such city, village, or incorporated town shall, upon
25 collection of its library tax on such property, pay 1/2 of
26 the collections to the township for library purposes.
27 (c) If any part of a city, village or incorporated town
28 which levies a tax under this Article is situated within a
29 township which levies a tax under this Article, the corporate
30 authorities of the municipality or township may cause the
31 question of which such tax shall be applicable in that area
32 which is situated in both the municipality and township to be
33 submitted to the electors of such area at any regular
34 election. The question shall be certified to the proper
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1 election officials, who shall submit the question at an
2 election in accordance with the general election law. The
3 question shall be in substantially the following form: ------
4 Shall the area which lies in both (insert name of
5 municipality) and (insert name of township) be subject to
6 taxation for library purposes by (insert name of
7 municipality) or by (insert name of township)?
8 -------------------------------------------------------------
9 By (insert name of municipality)
10 -------------------------------------------------------------
11 By (insert name of township)
12 -------------------------------------------------------------
13 After such election, library taxes under this Article
14 shall be levied and collected in such area only by the
15 governmental unit which received the larger number of votes
16 cast in such election.
17 (2) If a city, village, incorporated town or township
18 which levies a tax under this Article is situated wholly or
19 partly in a library district which levies a tax under "The
20 Illinois Public Library District Act", such city, village,
21 incorporated town or township shall pay to such library
22 district the entire amount collected for such entity from
23 library taxes levied under this Article upon taxable property
24 within such library district.
25 Whenever any library district receives any payments from
26 any city, village, incorporated town or township as provided
27 in this Section, such library district shall reduce and abate
28 from the library tax levied by the authority of "The Illinois
29 Public Library District Act" on property which is subject to
30 taxation for library purposes by both the district and the
31 municipality or township a rate which would produce an amount
32 equal to the amount received by such library district.
33 (Source: P.A. 85-751.)
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1 Section 125. The Mobile Home Park Act is amended by
2 changing Section 22 as follows:
3 (210 ILCS 115/22) (from Ch. 111 1/2, par. 732)
4 Sec. 22. Any person refused a permit to construct or
5 alter a park or a license, or whose license is suspended or
6 revoked, shall have the right to a hearing before the
7 Department. A written notice of a request for such a hearing
8 shall be served upon the Department within 20 days of such
9 refusal of a permit to construct or alter or refusal of a
10 license or suspension or revocation thereof. The Director
11 shall give written notice of such decision, by registered
12 mail, to the park operator or the applicant, as the case may
13 be, within 5 days of such refusal, suspension or revocation.
14 The hearing shall be conducted by the Director, or a duly
15 qualified employee of the Department designated in writing by
16 the Director as a Hearing Officer.
17 The Director or Hearing Officer may compel by subpoena or
18 subpoena duces tecum the attendance and testimony of
19 witnesses and the production of books and papers, and
20 administer oaths to witnesses. The hearing shall be conducted
21 at such place as designated by the Department, except that
22 hearings concerning the establishment, operation or licensing
23 of a park in a county of 2,000,000 1,000,000 or more
24 inhabitants shall be conducted in such county. The Director
25 shall give written notice of the time and place of hearing,
26 by registered mail, to the park operator or license
27 applicant, as the case may be, at least 10 days prior to such
28 hearing.
29 The Director or Hearing Officer shall permit the
30 applicant or licensee to appear in person and to be
31 represented by counsel at the hearing at which time the
32 applicant or licensee shall be afforded an opportunity to
33 present all relevant matter in support of his application for
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1 license or renewal of license or in resisting the revocation
2 thereof.
3 In the event of the inability of any party, or the
4 Department, to procure the attendance of witnesses to give
5 testimony or produce books and papers, such party or the
6 Department may take the deposition of witnesses in accordance
7 with the law pertaining to the taking of depositions in civil
8 cases in the circuit courts of this State. All testimony
9 taken at a hearing shall be reduced to writing, and all such
10 testimony and other evidence introduced at the hearing shall
11 constitute a part of the record of the hearing.
12 The Director shall make findings of fact in such hearing,
13 and the Director shall render his or her decision within 30
14 days after the termination of the hearing, unless additional
15 time is required by him or her for a proper disposition of
16 the matter. When the hearing has been conducted by a Hearing
17 Officer, the Director shall review the record before
18 rendering a decision. It shall be the duty of the Director to
19 forward a copy of his or her decision, by registered mail, to
20 the park operator or applicant, as the case may be, within 5
21 days of rendering such decision.
22 Technical errors in the proceeding before the Director or
23 Hearing Officer or their failure to observe the technical
24 rules of evidence shall not constitute grounds for the
25 reversal of any administrative decision unless it appears to
26 the court that such error or failure materially affects the
27 rights of any party and results in substantial injustice to
28 him.
29 All subpoenas issued by the Director or Hearing Officer
30 may be served as provided for in civil actions. The fees of
31 witnesses for attendance and travel shall be the same as the
32 fees for witnesses before the Circuit Court and shall be paid
33 by the party to such proceeding at whose request the subpoena
34 is issued. If such subpoena is issued at the request of the
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1 Department, the witness fee shall be paid as an
2 administrative expense.
3 In cases of refusal of a witness to attend or testify, or
4 to produce books or papers, concerning any matter upon which
5 he might be lawfully examined, the Circuit Court of the
6 county wherein the hearing is held, upon application of any
7 party to the proceeding, may compel obedience by proceeding
8 for contempt as in cases of a like refusal to obey a similar
9 order of the Court.
10 The Department shall not be required to certify any
11 record or file any answer or otherwise appear in any
12 proceeding for judicial review unless the party filing the
13 complaint deposits with the clerk of the court the sum of 95
14 cents per page representing costs of such certification.
15 Failure on the part of the plaintiff to make such deposit
16 shall be grounds for dismissal of the action.
17 (Source: P.A. 83-334.)
18 Section 130. The Illinois Insurance Code is amended by
19 changing Section 807.1 as follows:
20 (215 ILCS 5/807.1)
21 Sec. 807.1. Exemption of Certain Counties by the
22 Director. The Director shall exempt every policy insuring
23 residences, living units or commercial buildings located in
24 any county of 2,000,000 1,000,000 or more inhabitants or any
25 county contiguous to any such county, and, upon request of
26 the Fund, may exempt every policy insuring residences, living
27 units or commercial buildings located in any other specified
28 county of this State, from the provisions of Section 805.1 of
29 this Article.
30 (Source: P.A. 91-357, eff. 7-29-99.)
31 Section 135. The Illinois Certified Shorthand Reporters
-169- LRB9109070DJcd
1 Act of 1984 is amended by changing Section 6 as follows:
2 (225 ILCS 415/6) (from Ch. 111, par. 6206)
3 Sec. 6. Upon receipt of a written request from the
4 Supreme Court, the Department shall, upon payment of the
5 required fee, issue to any reporter who has been appointed in
6 counties of less than 2,000,000 1,000,000 in population, and
7 examined under the Court Reporters Act, except those who have
8 achieved an "A" proficiency rating, a restricted certificate
9 by which such official court reporter may then lawfully
10 engage in reporting only court proceedings to which he may be
11 assigned by the Chief Judge of his circuit.
12 The Department may refuse to issue or may suspend the
13 certificate of any person who fails to file a return, or to
14 pay the tax, penalty or interest shown in a filed return, or
15 to pay any final assessment of tax, penalty or interest, as
16 required by any tax Act administered by the Illinois
17 Department of Revenue, until such time as the requirements of
18 any such tax Act are satisfied.
19 (Source: P.A. 84-1395.)
20 Section 140. The Illinois Horse Racing Act of 1975 is
21 amended by changing Section 28 as follows:
22 (230 ILCS 5/28) (from Ch. 8, par. 37-28)
23 Sec. 28. Except as provided in subsection (g) of Section
24 27 of this Act, moneys collected shall be distributed
25 according to the provisions of this Section 28.
26 (a) Thirty per cent of the total of all monies received
27 by the State as privilege taxes shall be paid into the
28 Metropolitan Fair and Exposition Authority Reconstruction
29 Fund in the State treasury until such Fund contains
30 sufficient money to pay in full, both principal and interest,
31 all of the outstanding bonds issued pursuant to the Fair and
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1 Exposition Authority Reconstruction Act, approved July 31,
2 1967, as amended, and thereafter shall be paid into the
3 Metropolitan Exposition Auditorium and Office Building Fund
4 in the State Treasury.
5 (b) Four and one-half per cent of the total of all
6 monies received by the State as privilege taxes shall be paid
7 into the State treasury into a special Fund to be known as
8 the "Metropolitan Exposition, Auditorium, and Office Building
9 Fund".
10 (c) Fifty per cent of the total of all monies received
11 by the State as privilege taxes under the provisions of this
12 Act shall be paid into the "Agricultural Premium Fund".
13 (d) Seven per cent of the total of all monies received
14 by the State as privilege taxes shall be paid into the Fair
15 and Exposition Fund in the State treasury; provided, however,
16 that when all bonds issued prior to July 1, 1984 by the
17 Metropolitan Fair and Exposition Authority shall have been
18 paid or payment shall have been provided for upon a refunding
19 of those bonds, thereafter 1/12 of $1,665,662 of such monies
20 shall be paid each month into the Build Illinois Fund, and
21 the remainder into the Fair and Exposition Fund. All excess
22 monies shall be allocated to the Department of Agriculture
23 for distribution to county fairs for premiums and
24 rehabilitation as set forth in the Agricultural Fair Act.
25 (e) The monies provided for in Section 30 shall be paid
26 into the Illinois Thoroughbred Breeders Fund.
27 (f) The monies provided for in Section 31 shall be paid
28 into the Illinois Standardbred Breeders Fund.
29 (g) Until January 1, 2000, that part representing 1/2 of
30 the total breakage in Thoroughbred, Harness, Appaloosa,
31 Arabian, and Quarter Horse racing in the State shall be paid
32 into the "Illinois Race Track Improvement Fund" as
33 established in Section 32.
34 (h) All other monies received by the Board under this
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1 Act shall be paid into the General Revenue Fund of the State.
2 (i) The salaries of the Board members, secretary,
3 stewards, directors of mutuels, veterinarians,
4 representatives, accountants, clerks, stenographers,
5 inspectors and other employees of the Board, and all expenses
6 of the Board incident to the administration of this Act,
7 including, but not limited to, all expenses and salaries
8 incident to the taking of saliva and urine samples in
9 accordance with the rules and regulations of the Board shall
10 be paid out of the Agricultural Premium Fund.
11 (j) The Agricultural Premium Fund shall also be used:
12 (1) for the expenses of operating the Illinois
13 State Fair and the DuQuoin State Fair, including the
14 payment of prize money or premiums;
15 (2) for the distribution to county fairs,
16 vocational agriculture section fairs, agricultural
17 societies, and agricultural extension clubs in accordance
18 with the "Agricultural Fair Act", as amended;
19 (3) for payment of prize monies and premiums
20 awarded and for expenses incurred in connection with the
21 International Livestock Exposition and the Mid-Continent
22 Livestock Exposition held in Illinois, which premiums,
23 and awards must be approved, and paid by the Illinois
24 Department of Agriculture;
25 (4) for personal service of county agricultural
26 advisors and county home advisors;
27 (5) for distribution to agricultural home economic
28 extension councils in accordance with "An Act in relation
29 to additional support and finance for the Agricultural
30 and Home Economic Extension Councils in the several
31 counties in this State and making an appropriation
32 therefor", approved July 24, 1967, as amended;
33 (6) for research on equine disease, including a
34 development center therefor;
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1 (7) for training scholarships for study on equine
2 diseases to students at the University of Illinois
3 College of Veterinary Medicine;
4 (8) for the rehabilitation, repair and maintenance
5 of the Illinois and DuQuoin State Fair Grounds and the
6 structures and facilities thereon and the construction of
7 permanent improvements on such Fair Grounds, including
8 such structures, facilities and property located on such
9 State Fair Grounds which are under the custody and
10 control of the Department of Agriculture;
11 (9) for the expenses of the Department of
12 Agriculture under Section 5-530 of the Departments of
13 State Government Law (20 ILCS 5/5-530);
14 (10) for the expenses of the Department of Commerce
15 and Community Affairs under Sections 605-620, 605-625,
16 and 605-630 of the Department of Commerce and Community
17 Affairs Law (20 ILCS 605/605-620, 605/605-625, and
18 605/605-630);
19 (11) for remodeling, expanding, and reconstructing
20 facilities destroyed by fire of any Fair and Exposition
21 Authority in counties with a population of 2,000,000
22 1,000,000 or more inhabitants;
23 (12) for the purpose of assisting in the care and
24 general rehabilitation of disabled veterans of any war
25 and their surviving spouses and orphans;
26 (13) for expenses of the Department of State Police
27 for duties performed under this Act;
28 (14) for the Department of Agriculture for soil
29 surveys and soil and water conservation purposes;
30 (15) for the Department of Agriculture for grants
31 to the City of Chicago for conducting the Chicagofest.
32 (k) To the extent that monies paid by the Board to the
33 Agricultural Premium Fund are in the opinion of the Governor
34 in excess of the amount necessary for the purposes herein
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1 stated, the Governor shall notify the Comptroller and the
2 State Treasurer of such fact, who, upon receipt of such
3 notification, shall transfer such excess monies from the
4 Agricultural Premium Fund to the General Revenue Fund.
5 (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00;
6 revised 8-9-99.)
7 Section 145. The Housing Authorities Act is amended by
8 changing Sections 8.2 and 8.3a as follows:
9 (310 ILCS 10/8.2) (from Ch. 67 1/2, par. 8.2)
10 Sec. 8.2. An Authority has power to prepare, carry out
11 and operate projects; to provide for the construction,
12 reconstruction, improvement, alteration or repair of any
13 project or any part thereof; to take over by purchase, lease,
14 or otherwise any project undertaken by any government; to act
15 as agent for the Federal government in connection with the
16 acquisition, construction, operation, or management of a
17 project or any part thereof; to arrange with any government
18 within the area of operation for the furnishing, planning,
19 replanning, opening or closing of streets, roads, roadways,
20 alleys, parks, or other places of public facilities or for
21 the acquisition by any government or any agency,
22 instrumentality or subdivision thereof, of property, options
23 or property rights or for the furnishing of property or
24 services in connection with a project; to function as an
25 agency of the city, village, incorporated town or county for
26 which it is constituted an Authority and to act as an agent
27 (when so designated) for any government, with respect to
28 matters relating to housing and the purposes of this Act,
29 including action for the elimination of unsafe and unsanitary
30 dwellings, the provision of rental assistance, the clearing
31 and redevelopment of blighted or slum areas, the assembly of
32 improved and unimproved land for development or redevelopment
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1 purposes, the conservation and rehabilitation of existing
2 housing, and the provision of decent, safe and sanitary and
3 affordable housing accommodations, and to utilize any and all
4 of its powers to assist governments in any manner which will
5 tend to further the objectives of this Act; to assist through
6 the exercise of the powers herein conferred any individual,
7 association, corporation or organization which presents a
8 plan for developing or redeveloping any property within the
9 area of operation of the Authority which will tend to provide
10 decent, safe and sanitary and affordable housing, or promote
11 other uses essential to sound community growth.
12 In counties having a population of less than 2,000,000
13 1,000,000, any contract in which State funds are used for
14 repair, improvement or rehabilitation of existing
15 improvements that involves expenditures that meet the
16 requirements applicable to either federal or State programs
17 shall be let by free and competitive bidding to the lowest
18 responsible bidder upon bond and subject to regulations as
19 may be set by the Department and with the written approval of
20 the Department. In the case of an emergency affecting the
21 public health or safety declared by a majority vote of the
22 commissioners of the Housing Authority, contracts may be let,
23 to the extent necessary to resolve an emergency, without
24 public advertisement or competitive bidding.
25 (Source: P.A. 87-200.)
26 (310 ILCS 10/8.3a) (from Ch. 67 1/2, par. 8.3a)
27 Sec. 8.3a. Hearing - Notice. Before any construction
28 contract for a proposed new construction of a specific
29 project or proposed rehabilitation project is entered into by
30 a local Housing Authority in a county having a population of
31 less than 2,000,000 1,000,000, a public hearing must be held
32 by the local Housing Authority affording interested persons
33 residing in the area an opportunity to be heard. There shall
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1 be a notice of the time and place of the hearing published at
2 least once, not more than 30 nor less than 15 days before the
3 hearing, in one or more newspapers published in the
4 municipality of the project; where there is no newspaper
5 which is published in the municipality, such notice shall be
6 given in one or more newspapers published in the county in
7 which the municipality is located and having general
8 circulation within such municipality. The notice shall
9 contain the particular site and location to be affected as
10 well as a brief statement of what is proposed in the project.
11 (Source: P.A. 82-723.)
12 Section 150. The Community Services Act is amended by
13 changing Section 4.2 as follows:
14 (405 ILCS 30/4.2) (from Ch. 91 1/2, par. 904.2)
15 Sec. 4.2. Case coordination pilot projects. In order to
16 further the provisions of this Act and enhance the
17 development of an integrated community-based service system
18 for persons with developmental disabilities, the Department
19 shall establish a free-standing case coordination pilot
20 project in each of its administrative regions in the State
21 based on the organizational design elements and service
22 linkage provisions contained in this Section. A case
23 coordination pilot project, as described in this Section
24 shall be an entity which provides no other direct services.
25 (a) Definition. For purposes of this Section, "case
26 coordination" means a life-long goal-oriented program for
27 assuring and coordinating a full range of services required
28 by persons with a developmental disability. Case
29 coordination services are designed to ensure service
30 accessibility, continuity of care and accountability and to
31 maximize the potential of persons with a developmental
32 disability for independence, productivity and community
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1 integration. Case coordination services include necessary
2 advocacy services to assure that each recipient with a
3 developmental disability who has identified service needs is
4 linked to available resources. The term also includes
5 coordination of the service efforts of multiple providers of
6 services for recipients with a developmental disability to
7 afford those recipients an opportunity to remain in a
8 community setting.
9 Case coordination services shall not displace other
10 service providers' responsibility for working directly with
11 the recipient with a developmental disability, the
12 recipient's family and the community support system in the
13 direct provision of counseling and training service needs
14 identified in the individualized habilitation services plan
15 for the recipient.
16 (b) Model. Each case coordination pilot project shall
17 be operated by a private not-for-profit corporation (project
18 operator). Each project operator shall have a board of
19 directors with representation from sufficient community areas
20 to provide representation of the various racial and ethnic
21 groups which comprise the population of the pilot project
22 area. At least one-third of the members of this board shall
23 not be relatives of any person to be served by the agency. No
24 member of the board may be an employee of any entity which
25 receives funds from the Department of Human Services. The
26 Department shall by rule prescribe procedures for assuring
27 that no such conflicts of interest exist. Geographic, social,
28 cultural and economic interests in the community shall be
29 represented. If more than one community area within a city
30 of more than 1,000,000 residents or more than one county of
31 less than 2,000,000 1,000,000 population is served by a
32 single project operator, each such community area or county
33 shall be represented.
34 Each project shall serve a clearly defined geographic
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1 area with a population base of not less than 100,000. The
2 Department shall designate the geographic area, define the
3 population base and select the project operator for each
4 project. The Department shall by rule establish all
5 procedures under which each case coordination project shall
6 operate and be funded.
7 In designating the geographic area of each project, the
8 Department shall target areas which currently lack sufficient
9 case coordination as determined by the Department. Both
10 rural and urban areas shall be represented among the
11 projects, and at least one area with a high concentration of
12 minority persons shall be represented.
13 All funds awarded to any agency or organization for case
14 coordination services in a geographic area selected for a
15 case coordination pilot project and not expended as of the
16 effective date of this amendatory Act of 1987 shall be
17 transferred to and considered a part of the case coordination
18 pilot project funds. Agencies and organizations which, on the
19 effective date of this amendatory Act of 1987, are providing
20 services to persons with a developmental disability and which
21 transfer case coordination services to a pilot project shall
22 not be disproportionately affected with respect to their
23 administration and support service costs.
24 The Department shall explore all State and federal
25 sources of funding for case coordination services.
26 (c) Service categories. Each case coordination pilot
27 project shall include the following case activities:
28 (1) Crisis management. The case coordination pilot
29 project shall demonstrate a capability to provide service
30 needs assessment, linkage to habilitative services and
31 client advocacy at any hour of the day or night, on any
32 day of the week. "Linkage" means an arrangement for the
33 exchange of information among various providers of
34 services.
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1 (2) Assessment of service need. The case
2 coordinator shall participate with direct service staff
3 in assessing an individual's needs and readiness to move
4 into alternate services or settings utilizing clinical
5 evaluation of intellectual, emotional and functioning
6 levels. Comprehensive diagnostic assessments shall
7 include the following areas:
8 (A) medical, physical and psychomotor status;
9 (B) psychological status including
10 intellectual and adaptive behavior functioning
11 levels, emotional stability and maladaptive behavior
12 profile;
13 (C) independent living skills; and
14 (D) social history.
15 (3) Development of recipient individualized
16 habilitation services plan. An interdisciplinary team
17 shall develop an individualized habilitation services
18 plan which is based on the recipient's service needs
19 assessment and which reflects active treatment. The
20 interdisciplinary team shall include the recipient if he
21 or she is functionally capable of participation; the
22 parent or guardian of the recipient; and professional and
23 paraprofessional staff representing all services the
24 recipient currently needs or receives, including, at a
25 minimum, the providers of day training, vocational,
26 residential and case coordination services.
27 (4) Coordination and advocacy with service
28 providers. The case coordinator is responsible for
29 providing continuity, accessibility and the most
30 effective delivery of services as prescribed in the
31 individualized habilitation services plan, including the
32 facilitation of coordination activities among multiple
33 providers.
34 (5) Follow-up. The case coordinator shall conduct
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1 scheduled activities to monitor and evaluate the
2 recipient's progress toward established service goals,
3 and the need for continuing services.
4 (d) Interagency coordination. Providers of services to
5 persons with a developmental disability shall participate in
6 the activities of case coordination pilot projects as a
7 condition of funding from the State. The Departments of
8 Children and Family Services, Human Services, Public Health
9 and Public Aid and the University of Illinois Division of
10 Specialized Care for Children shall enter into a written
11 linkage agreement with each pilot project.
12 (e) Target population. Persons with a developmental
13 disability in or from the designated geographic area of a
14 case coordination pilot project shall be eligible for case
15 coordination services regardless of age or nature of
16 disability. Priority in providing services shall be given,
17 however, to the following:
18 (1) Persons with severe disabilities or behavioral
19 impediments who are experiencing difficulty in accessing
20 services or who are at risk of movement to a more
21 restrictive level of care.
22 (2) Persons in public school special education
23 programs who are identified as needing transition
24 planning to prepare for entry into the adult service
25 system.
26 (3) Persons who have been discharged from a
27 State-operated developmental program and are subject to
28 mandated follow-up.
29 (4) Persons who are receiving purchase of care
30 funding from the Department and who are participating in
31 the Department's Home and Community-Based Care program.
32 (5) Persons in skilled nursing facilities and
33 intermediate care facilities who are subject to
34 relocation due to federal and State mandates.
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1 (f) Program standards and certification. The Department
2 shall promulgate rules and regulations governing the case
3 coordination pilot projects. Such rules and regulations
4 shall provide for program standards including staff
5 qualifications and training; recipient need-staff ratios;
6 program accessibility; governance; and certification.
7 Projects serving geographic areas with a high concentration
8 of persons of Hispanic origin shall be required to employ
9 staff who are bilingual and bicultural.
10 The Department shall annually certify that case
11 coordination pilot projects meet minimum standards
12 established by the Department. The Department shall at least
13 annually, or more often as necessary, review the services
14 being provided to assure compliance with the standards. The
15 Department may suspend, refuse to renew or deny certification
16 to any project operator which fails to meet any standards, as
17 provided by rule. If certification of any project operator
18 is suspended or not renewed, the Department shall designate a
19 new project operator in that geographic area.
20 (g) Evaluation. The Department shall evaluate the case
21 coordination pilot projects and shall report to the General
22 Assembly on the status of the pilot projects on January 1,
23 1989, and annually thereafter or until the pilot project is
24 terminated.
25 The Department's evaluation shall consider service system
26 and agency performance. The Department shall develop an
27 evaluation methodology which addresses the cost effectiveness
28 and efficient use of services.
29 The Department in conjunction with each case coordination
30 pilot project shall define a uniform data reporting system
31 which will provide need assessment data for the service area
32 as well as demographic data regarding the population served.
33 (h) Term of pilot projects. All planning for the pilot
34 projects authorized by this Section shall be completed by
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1 January 1, 1988. The pilot projects shall begin operation on
2 January 1, 1988, and terminate on December 31, 1990.
3 (i) Funding. Funding for the pilot projects authorized
4 by this Section shall be subject to the availability of
5 monies appropriated to the Department.
6 (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
7 Section 155. The Sanitary Food Preparation Act is
8 amended by changing Section 11.01 as follows:
9 (410 ILCS 650/11.01) (from Ch. 56 1/2, par. 77.01)
10 Sec. 11.01. (a) Any county under 2,000,000 1,000,000
11 inhabitants may, by resolution of its county board, create
12 the position of sanitary inspector and may appoint any
13 necessary assistants. Each sanitary inspector shall be a
14 registered sanitarian under the "Sanitarian Registration
15 Act".
16 (b) The sanitary inspector shall have the power to
17 enforce and observe the rules, regulations and orders of the
18 Department of Public Health and the provisions of this Act.
19 (c) The sanitary inspector appointed pursuant to this
20 Section has jurisdiction throughout the entire county, except
21 within:
22 (1) Municipalities;
23 (2) Any public health district organized under "An Act
24 to authorize the organization of public health districts and
25 for the establishment and maintenance of a health department
26 for the same", filed June 26, 1917, as amended; and
27 (3) Any public health district organized under "An Act
28 in relation to the establishment and maintenance of county
29 and multiple-county public health departments", approved July
30 9, 1943, as amended.
31 (Source: P.A. 81-802.)
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1 Section 160. The Gasoline Storage Act is amended by
2 changing Section 2 as follows:
3 (430 ILCS 15/2) (from Ch. 127 1/2, par. 154)
4 Sec. 2. Jurisdiction; regulation of tanks.
5 (1) (a) Except as otherwise provided in this Act, the
6 jurisdiction of the Office of the State Fire Marshal under
7 this Act shall be concurrent with that of municipalities and
8 other political subdivisions. The Office of the State Fire
9 Marshal has power to promulgate, pursuant to the Illinois
10 Administrative Procedure Act, reasonable rules and
11 regulations governing the keeping, storage, transportation,
12 sale or use of gasoline and volatile oils, including rules
13 requiring that underground storage tank contractors file a
14 bond or a certificate of insurance with the State Fire
15 Marshal, and rules governing the dismantling of abandoned
16 bulk storage plants. Nothing in this Act shall relieve any
17 person, corporation, or other entity from complying with any
18 zoning ordinance of a municipality or home rule unit enacted
19 pursuant to Section 11-13-1 of the Illinois Municipal Code or
20 any ordinance enacted pursuant to Section 11-8-4 of the
21 Illinois Municipal Code.
22 (b) The rulemaking power shall include the power to
23 promulgate rules providing for the issuance and revocation of
24 permits allowing the self service dispensing of motor fuels
25 as such term is defined in the Motor Fuel Tax Law in retail
26 service stations or any other place of business where motor
27 fuels are dispensed into the fuel tanks of motor vehicles,
28 internal combustion engines or portable containers. Such
29 rules shall specify the requirements that must be met both
30 prior and subsequent to the issuance of such permits in order
31 to insure the safety and welfare of the general public. The
32 operation of such service stations without a permit shall be
33 unlawful. The Office of the State Fire Marshal shall revoke
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1 such permit if the self service operation of such a service
2 station is found to pose a significant risk to the safety and
3 welfare of the general public.
4 (c) However, except in any county with a population of
5 2,000,000 1,000,000 or more, the Office of the State Fire
6 Marshal shall not have the authority to prohibit the
7 operation of a service station solely on the basis that it is
8 an unattended self-service station which utilizes key or card
9 operated self-service motor fuel dispensing devices. Nothing
10 in this paragraph shall prohibit the Office of the State Fire
11 Marshal from adopting reasonable rules and regulations
12 governing the safety of self-service motor fuel dispensing
13 devices.
14 (2) (a) The Office of the State Fire Marshal shall adopt
15 rules and regulations regarding underground storage tanks and
16 associated piping and no municipality or other political
17 subdivision shall adopt or enforce any ordinances or
18 regulations regarding such underground tanks and piping other
19 than those which are identical to the rules and regulations
20 of the Office of the State Fire Marshal. It is declared to
21 be the law of this State, pursuant to paragraphs (h) and (i)
22 of Section 6 of Article VII of the Illinois Constitution,
23 that the establishment and enforcement of standards regarding
24 underground storage tanks and associated piping within the
25 jurisdiction of the Office of the State Fire Marshal is an
26 exclusive State function which may not be exercised
27 concurrently by a home rule unit except as expressly
28 permitted in this Act.
29 (b) The Office of the State Fire Marshal may enter into
30 written contracts with municipalities of over 500,000 in
31 population to enforce the rules and regulations adopted under
32 this subsection.
33 (3) (a) The Office of the State Fire Marshal shall have
34 authority over underground storage tanks which contain, have
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1 contained, or are designed to contain petroleum, hazardous
2 substances and regulated substances as those terms are used
3 in Subtitle I of the Hazardous and Solid Waste Amendments of
4 1984 (P.L. 98-616), as amended by the Superfund Amendments
5 and Reauthorization Act of 1986 (P.L. 99-499). The Office
6 shall have the power with regard to underground storage tanks
7 to require any person who tests, installs, repairs, replaces,
8 relines, or removes any underground storage tank system
9 containing, formerly containing, or which is designed to
10 contain petroleum or other regulated substances to be
11 certified to perform that activity, to obtain a permit to
12 install, repair, replace, reline, or remove the particular
13 tank system, to pay an annual certification fee of $100 per
14 year, and to pay a fee of $100 per site for a permit to
15 install, repair, replace, reline, or remove any underground
16 storage tank system. All persons who do repairs above grade
17 level for themselves need not pay a fee or be certified. All
18 fees received by the Office from certification and permits
19 shall be deposited in the Fire Prevention Fund for the
20 exclusive use of the Office in administering the Underground
21 Storage Tank program.
22 (b) (i) Within 120 days after the promulgation of
23 regulations or amendments thereto by the Administrator of the
24 United States Environmental Protection Agency to implement
25 Section 9003 of Subtitle I of the Hazardous and Solid Waste
26 Amendments of 1984 (P.L. 98-616) of the Resource Conservation
27 and Recovery Act of 1976 (P.L. 95-580), as amended, the
28 Office of the State Fire Marshal shall adopt regulations or
29 amendments thereto which are identical in substance. The
30 rulemaking provisions of Section 5-35 of the Illinois
31 Administrative Procedure Act shall not apply to regulations
32 or amendments thereto adopted pursuant to this subparagraph
33 (i).
34 (ii) The Office of the State Fire Marshal may adopt
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1 additional regulations relating to an underground storage
2 tank program that are not inconsistent with and at least as
3 stringent as Section 9003 of Subtitle I of the Hazardous and
4 Solid Waste Amendments of 1984 (P.L. 98-616) of the Resource
5 Conservation and Recovery Act of 1976 (P.L. 94-580), as
6 amended, or regulations adopted thereunder. Except as
7 provided otherwise in subparagraph (i) of this paragraph (b),
8 the Office of the State Fire Marshal shall not adopt
9 regulations relating to corrective action at underground
10 storage tanks. Regulations adopted pursuant to this
11 subsection shall be adopted in accordance with the procedures
12 for rulemaking in Section 5-35 of the Illinois Administrative
13 Procedure Act.
14 (c) The Office of the State Fire Marshal shall require
15 any person, corporation or other entity who tests an
16 underground tank or its piping or cathodic protection for
17 another, except a lessor for his or her lessee, to register
18 with the Office, and pay an annual registration fee of $100,
19 to be deposited in the Fire Prevention Fund, and report the
20 results of such test to the Office.
21 (d) In accordance with constitutional limitations, the
22 Office shall have authority to enter at all reasonable times
23 upon any private or public property for the purpose of:
24 (i) Inspecting and investigating to ascertain
25 possible violations of this Act, of regulations
26 thereunder or of permits or terms or conditions thereof;
27 or
28 (ii) In accordance with the provisions of this Act,
29 taking whatever emergency action, that is necessary or
30 appropriate, to assure that the public health or safety
31 is not threatened whenever there is a release or a
32 substantial threat of a release of petroleum or a
33 regulated substance from an underground storage tank.
34 (e) The Office of the State Fire Marshal may issue an
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1 Administrative Order to any person who it reasonably believes
2 has violated the rules and regulations governing underground
3 storage tanks, including the installation, repair, leak
4 detection, cathodic protection tank testing, removal or
5 release notification. Such an order shall be served by
6 registered or certified mail or in person. Any person served
7 with such an order may appeal such order by submitting in
8 writing any such appeal to the Office within 10 days of the
9 date of receipt of such order. The Office shall conduct an
10 administrative hearing governed by the Illinois
11 Administrative Procedure Act and enter an order to sustain,
12 modify or revoke such order. Any appeal from such order shall
13 be to the circuit court of the county in which the violation
14 took place and shall be governed by the Administrative Review
15 Law.
16 (f) The Office of the State Fire Marshal shall not
17 require the removal of an underground tank system taken out
18 of operation before January 2, 1974, except in the case in
19 which the office of the State Fire Marshal has determined
20 that a release from the underground tank system poses a
21 current or potential threat to human health and the
22 environment. In that case, and upon receipt of an Order from
23 the Office of the State Fire Marshal, the owner or operator
24 of the nonoperational underground tank system shall assess
25 the excavation zone and close the system in accordance with
26 regulations promulgated by the Office of the State Fire
27 Marshal.
28 (4) (a) The Office of the State Fire Marshal shall adopt
29 rules and regulations regarding aboveground storage tanks and
30 associated piping and no municipality or other political
31 subdivision shall adopt or enforce any ordinances or
32 regulations regarding such aboveground tanks and piping other
33 than those which are identical to the rules and regulations
34 of the Office of the State Fire Marshal unless, in the
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1 interest of fire safety, the Office of the State Fire Marshal
2 delegates such authority to municipalities, political
3 subdivisions or home rule units. It is declared to be the
4 law of this State, pursuant to paragraphs (h) and (i) of
5 Section 6 of Article VII of the Illinois Constitution, that
6 the establishment of standards regarding aboveground storage
7 tanks and associated piping within the jurisdiction of the
8 Office of the State Fire Marshal is an exclusive State
9 function which may not be exercised concurrently by a home
10 rule unit except as expressly permitted in this Act.
11 (b) The Office of the State Fire Marshal shall enforce
12 its rules and regulations concerning aboveground storage
13 tanks and associated piping; however, municipalities may
14 enforce any of their zoning ordinances or zoning regulations
15 regarding aboveground tanks. The Office of the State Fire
16 Marshal may issue an administrative order to any owner of an
17 aboveground storage tank and associated piping it reasonably
18 believes to be in violation of such rules and regulations to
19 remedy or remove any such violation. Such an order shall be
20 served by registered or certified mail or in person. Any
21 person served with such an order may appeal such order by
22 submitting in writing any such appeal to the Office within 10
23 days of the date of receipt of such order. The Office shall
24 conduct an administrative hearing governed by the Illinois
25 Administrative Procedure Act and enter an order to sustain,
26 modify or revoke such order. Any appeal from such order
27 shall be to the circuit court of the county in which the
28 violation took place and shall be governed by the
29 Administrative Review Law.
30 (Source: P.A. 88-45; 89-161, eff. 7-19-95.)
31 Section 165. The Agricultural Areas Conservation and
32 Protection Act is amended by changing Section 3.07 as
33 follows:
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1 (505 ILCS 5/3.07) (from Ch. 5, par. 1003.07)
2 Sec. 3.07. "County Board" means the county board of any
3 county in this State except those counties with a population
4 of 2,000,000 1 million or more.
5 (Source: P.A. 81-1173.)
6 Section 170. The County Cooperative Extension Law is
7 amended by changing Section 8 as follows:
8 (505 ILCS 45/8) (from Ch. 5, par. 248)
9 Sec. 8. County extension education funds.
10 (a) The county governing board shall annually consider
11 the total budget certified by the county or multi-county
12 extension board in order to consider the total funds needed
13 for Cooperative Extension Service programs in the county. The
14 county governing board may appropriate and pay 50% of the
15 total so determined from the general corporate fund or other
16 available funds or from an existing extension education tax
17 of the county for the extension educational program in the
18 county or multi-county group of which it is a part, provided
19 that the amount so appropriated shall not exceed $54,400 in
20 counties of less than 10,000 inhabitants, $61,200 in counties
21 of 10,000 or more but less than 20,000 inhabitants, $68,000
22 in counties of 20,000 or more but less than 30,000
23 inhabitants, $91,000 in counties of 30,000 or more but less
24 than 50,000 inhabitants, $117,000 in counties of 50,000 or
25 more but less than 100,000 inhabitants, $156,000 in counties
26 of 100,000 or more but less than 250,000 inhabitants,
27 $233,000 in counties of 250,000 or more but less than 500,000
28 inhabitants, $311,000 in counties of 500,000 or more but less
29 than 2,000,000 1,000,000 inhabitants and $583,000 in counties
30 of 2,000,000 1,000,000 or more inhabitants. The amount to be
31 so appropriated by the county governing board may be reduced
32 by the total of any private gifts or grants specifically made
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1 to support the county extension programs included in such
2 determination, and may also be reduced by the fair market
3 value of office space furnished the Cooperative Extension
4 Service by the county governing board, provided it is
5 suitable for extension needs and meets the housing standards
6 adopted by the Cooperative Extension Service.
7 In order to provide matching funds, which shall not
8 exceed an amount equal to 50% of the funds needed as provided
9 herein, and funds for the purpose of general support to
10 counties for Cooperative Extension programs the State will
11 recognize those needs and may make an annual appropriation
12 from the Agricultural Premium Fund or any other source of
13 funding available.
14 On or before October 15 of each year, the director of
15 extension of the University of Illinois shall forward to the
16 Director of Agriculture, the Governor, the Speaker of the
17 House of Representatives, the Minority Leader of the House of
18 Representatives, the President of the Senate, and the
19 Minority Leader of the Senate, a report of the determinations
20 made by the various county governing boards of the total
21 funds needed for Cooperative Extension Service programs in
22 the respective counties. The State matching funds and funds
23 for the purpose of general support shall be included in an
24 appropriation request by the Department of Agriculture for
25 the next State fiscal year. That request shall be separate
26 and apart from the operating appropriation request for the
27 Department of Agriculture. The funds so appropriated by the
28 State to the Department of Agriculture shall be deposited
29 into the State Cooperative Extension Service Trust Fund and
30 transferred as provided in Section 8 (d) of this Act. The
31 Department of Agriculture shall have no responsibility for or
32 control over the cooperative extension service or its
33 programs.
34 All funds provided pursuant to this Act may be used for
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1 operations or facilities.
2 (b) If sufficient funds are not available from the
3 general corporate fund or if sums greater than the maximum
4 listed above are needed for the county's share of the
5 extension education program, the county governing board shall
6 have the power to increase by not more than .05 per cent,
7 with approval by referendum, the maximum rate at which it
8 levies, or can levy, taxes for general county purposes. Such
9 additional rate shall not be included within any statutory
10 limitation or rate or amount for other county purposes and
11 shall be in addition thereto.
12 Any county that under this Cooperative Extension Law has
13 approved a rate by referendum prior to the effective date of
14 this amendment, shall have authority to continue such tax as
15 approved, but may use the provisions of this subsection as
16 amended provided that another referendum must be held if the
17 rate desired is greater than the rate previously approved.
18 (c) Upon approval by resolution the county board shall
19 certify the resolution and the question of the adoption of a
20 levy sufficient to produce the sums determined by the county
21 board to the proper election officials, who shall submit the
22 question to the electors of the county at an election in
23 accordance with the general election law. No such levy shall
24 be made until the adoption by majority vote of the electors
25 voting on the proposition.
26 (d) Funds received from local sources and funds
27 appropriated by the county governing board or the State for
28 the county extension education program in any county shall be
29 paid over to the University of Illinois.
30 (Source: P.A. 89-691, eff. 12-31-96; 90-591, eff. 7-1-98.)
31 Section 175. The Illinois Highway Code is amended by
32 changing Sections 5-601, 5-602, 5-603, 5-605.2, 5-701.9,
33 5-701.10, 5-701.12, 5-701.16, 6-512, and 9-101.1 as follows:
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1 (605 ILCS 5/5-601) (from Ch. 121, par. 5-601)
2 Sec. 5-601. (a) For the purpose of improving,
3 maintaining, repairing, constructing and reconstructing the
4 county highways required to be maintained, repaired and
5 constructed by the county as provided in Section 5-401 of
6 this Code, and for the payment of lands, quarries, pits or
7 other deposits of road material required by the county for
8 such purpose, and for acquiring and maintaining machinery and
9 equipment, or for acquiring, maintaining, operating,
10 constructing or reconstructing buildings for housing highway
11 offices, machinery, equipment and materials, used for the
12 construction, repair and maintenance of such highways, the
13 county board shall have the power to levy an annual tax to be
14 known as the "county highway tax". Such tax shall be in
15 addition to the maximum of all other county taxes which the
16 county is now or may hereafter be authorized by statute to
17 levy upon the aggregate valuation of all taxable property
18 within the county. Such "county highway tax" shall not be
19 extended at a rate exceeding .10%, or the rate limit in
20 effect on July 1, 1967, whichever is greater, of the value,
21 as equalized or assessed by the Department of Revenue, of the
22 taxable property within the county, exclusive of the amount
23 necessary to pay the principal of and interest on county road
24 bonds duly authorized before July 1, 1959 for the
25 construction of county highways, unless otherwise authorized
26 by a vote of the people of the county. The county highway tax
27 rate may be increased to .20% as provided in subsection (b).
28 In counties having less than 2,000,000 1,000,000 inhabitants,
29 the amount that may be expended for the purchase of machinery
30 or equipment for constructing or maintaining highways shall
31 not exceed in any one year an amount in excess of 35% of the
32 maximum extension for highway purposes for such year. In
33 counties having 2,000,000 1,000,000 or more inhabitants,
34 taxes levied for any year for the purposes specified in this
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1 Section shall be subject to the limitation that they shall
2 not exceed the estimated amount of taxes to be levied for
3 such year for such purpose as determined in accordance with
4 the provisions of Section 6-24001 of the Counties Code and
5 set forth in the annual appropriation bill of such county;
6 and in ascertaining the rate per cent that will produce the
7 amount of any tax levied in any such county under the
8 provisions of this Section, the county clerk shall not add to
9 such tax or rate any sum or amount to cover the loss and cost
10 of collecting such tax. However, the foregoing limitations
11 upon tax rates, insofar as they are applicable to counties of
12 less than 2,000,000 1,000,000 population, may be increased or
13 decreased under the referendum provisions of the General
14 Revenue Law of Illinois. All moneys derived from the "county
15 highway tax" shall be placed in a separate fund to be known
16 as the "county highway fund" and shall be used for no other
17 purpose. In any county containing 2,000,000 1,000,000 or more
18 inhabitants, however, any appropriation or levy to be used
19 for lands, easements and rights-of-way, motor vehicle
20 equipment, mechanical equipment, engineering and drafting
21 equipment, road materials, road, bridge and drainage
22 improvements, grade separation improvements, railroad grade
23 crossing improvements, warehouse and garage improvements,
24 street signs and signals need not be expended during the
25 fiscal year in which the appropriation or levy was made but
26 shall also be available during the following fiscal year
27 without reduction of any levy made during the latter fiscal
28 year. After the end of that latter fiscal year, if there is
29 still an unexpended balance, it shall operate to reduce, in
30 like amount, any subsequent levy. It shall not be a defense
31 or objection to any appropriation or levy made in a
32 subsequent fiscal year for the same purposes that there
33 remain uncommenced or uncompleted projects or unexpended
34 moneys arising in an appropriation or levy of a prior year as
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1 contemplated in this Section.
2 (b) The maximum county highway tax rate provided for in
3 subsection (a) may be increased not to exceed .20% if such
4 increase is approved by a majority of the voters of the
5 county voting on the question. The question shall be
6 certified to the proper election officials, who shall submit
7 the question to the voters at an election. Such election
8 shall be conducted, returns made and notices thereof given as
9 provided by the general election law. The question shall be
10 in substantially the following form:
11 -------------------------------------------------------------
12 Shall the county highway tax rate YES
13 of.......... County be increased -------------------------
14 to.....%? NO
15 -------------------------------------------------------------
16 (Source: P.A. 86-1475.)
17 (605 ILCS 5/5-602) (from Ch. 121, par. 5-602)
18 Sec. 5-602. For the purpose of administering Sections
19 5-501, 5-502, 5-503 and 5-504 of this Code, any county having
20 less than 2,000,000 1,000,000 inhabitants may levy an
21 additional annual tax not exceeding .05% of the value of all
22 the taxable property in such county, as equalized or assessed
23 by the Department of Revenue, which tax shall be in addition
24 to all other county taxes and shall be in excess of any other
25 rate limitation. The foregoing rate limitation may be
26 increased, for a 10 year period, up to 0.25% under the
27 referendum provisions of Sections 18-120, 18-125, and 18-130
28 of the Property Tax Code. This tax shall be levied and
29 collected at the same time and in the same manner as taxes
30 for general county purposes. All moneys derived from such
31 tax shall be placed in a separate fund in the county treasury
32 to be known as the "county bridge fund". The county board
33 shall from time to time make appropriations payable from the
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1 "county bridge fund" for the purpose of administering
2 Sections 5-501, 5-502, 5-503 and 5-504 of this Code; but no
3 portion of this fund may be expended for the purpose of
4 administering sections 5-502, 5-503 or 5-504 of this Code
5 until all obligations imposed upon the county by Section
6 5-501 of this Code have been fulfilled. If, at the end of any
7 fiscal year of the county, there is any unappropriated
8 balance in the "county bridge fund", it shall operate to
9 reduce, in like amount, any subsequent tax levy payable into
10 such fund.
11 (Source: P.A. 88-670, eff. 12-2-94.)
12 (605 ILCS 5/5-603) (from Ch. 121, par. 5-603)
13 Sec. 5-603. For the purpose of providing funds to pay the
14 expenses for engineering and right-of-way costs, utility
15 relocations and its proportionate share of construction or
16 maintenance of highways in the federal aid network or county
17 highway network and costs incurred incident to transportation
18 planning studies conducted in cooperation, and by formal
19 agreement, with the Department of Transportation or its
20 predecessor, the Department of Public Works and Buildings and
21 the designated authority of the United States Government the
22 county board except in counties having a population in excess
23 of 2,000,000 1,000,000 inhabitants has the power to levy an
24 annual tax to be known as the matching tax. Such tax shall be
25 in addition to the maximum of all other county taxes which
26 the county is now or may hereafter be authorized by statute
27 to levy upon the aggregate valuation of all taxable property
28 within the county. Such matching tax shall not be extended at
29 a rate exceeding .05% of the value of all taxable property
30 within the county, as equalized or assessed by the Department
31 of Revenue. On ascertaining the rate per cent that will
32 produce the amount of any tax levied in any such county under
33 this section, the county clerk shall not add to such tax or
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1 rate any sum or amount to cover the loss or cost of
2 collecting such tax. All moneys derived from the matching tax
3 shall be placed in a separate fund to be known as the
4 matching fund and shall be used for no other purposes. The
5 county board shall from time to time adopt resolutions
6 appropriating matching funds for specific federal aid
7 projects and motor fuel tax sections or for transportation
8 planning studies conducted in cooperation, and by formal
9 agreement, with the Department of Transportation or its
10 predecessor, the Department of Public Works and Buildings and
11 the designated authority of the United States Government and
12 no moneys shall be disbursed from this fund unless so
13 appropriated by the county board. After the end of the fiscal
14 year, if there is still an unappropriated balance it shall
15 operate to reduce, in like amount, any subsequent levy.
16 (Source: P.A. 86-616.)
17 (605 ILCS 5/5-605.2) (from Ch. 121, par. 5-605.2)
18 Sec. 5-605.2. Bonds for county highways. Any county
19 with a population of less than 2,000,000 1,000,000
20 inhabitants may, by resolution of its county board, incur
21 indebtedness for the purpose of constructing, maintaining or
22 improving county highways, roads or bridges and may, by
23 resolution of its county board, issue and sell bonds
24 therefor. The bonds shall be issued in such principal
25 amount, bear such rate or rates of interest, be payable as to
26 principal or interest on such date or dates not more than 30
27 years after their date of issuance, be in such form and
28 denomination, be subject to redemption at such prices, be
29 executed by such officials, be sold at such price and in such
30 manner, and have such other terms and provisions as
31 determined by the county board and set forth in the
32 authorizing resolution or resolutions. This Section
33 constitutes a complete and cumulative grant of authority for
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1 the issuance of such bonds, and such bonds shall be payable
2 from such funds as are pledged therefor by the county board,
3 except that the county board shall have no authority
4 whatsoever to levy a special property tax for the purpose of
5 paying such bonds and shall not be subject to any of the
6 provisions of Section 5-1012 of the Counties Code or Section
7 5-605 of this Code with respect to the issuance of such
8 bonds.
9 (Source: P.A. 85-962; 86-1475.)
10 (605 ILCS 5/5-701.9) (from Ch. 121, par. 5-701.9)
11 Sec. 5-701.9. Any county board may also use motor fuel
12 tax money allotted to it for constructing or maintaining, or
13 both, a county garage for the servicing, maintenance or
14 storage of vehicles or equipment used in the construction or
15 maintenance of county or state highways. The county board of
16 any county with a population of 2,000,000 1,000,000 or more
17 may also use motor fuel tax money for constructing or
18 maintaining auxiliary office space.
19 (Source: P.A. 76-808.)
20 (605 ILCS 5/5-701.10) (from Ch. 121, par. 5-701.10)
21 Sec. 5-701.10. Any county board in counties of 2,000,000
22 1,000,000 or more inhabitants may also use any motor fuel tax
23 money allotted to it for the purpose of paying any and all
24 expenditures resulting from activities conducted by the
25 circuit court located in the county and for the further
26 purpose of paying any and all expenditures resulting from the
27 activities of any county department which has a relation to
28 highways located within the county.
29 (Source: P.A. 76-414.)
30 (605 ILCS 5/5-701.12) (from Ch. 121, par. 5-701.12)
31 Sec. 5-701.12. The county board of any county with a
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1 population of 2,000,000 1,000,000 or more may also use motor
2 fuel tax money allotted to it for construction, maintaining,
3 or leasing office space for activities of the county highway
4 department.
5 (Source: P.A. 76-2256.)
6 (605 ILCS 5/5-701.16) (from Ch. 121, par. 5-701.16)
7 Sec. 5-701.16. Any county board, in a county of less
8 than 2,000,000 1,000,000 inhabitants may also use any motor
9 fuel tax money allotted to it or any part thereof for the
10 payment of the principal of and interest on bonds issued for
11 the purpose of constructing, maintaining or improving county
12 highways, roads or bridges. Such construction, maintenance
13 or improvement shall be in accordance with the procedure in
14 Section 5-403 of this Code. Such county boards are authorized
15 to use motor fuel tax money to pay principal or interest on
16 such bonds without any prior appropriation and without regard
17 to any budget law. The State of Illinois pledges and agrees
18 with the holders of any bonds of a county issued for such
19 purposes that the State will not limit the use of such money
20 by such county, so long as any such bonds are outstanding and
21 unpaid. Payment of such motor fuel tax money to such county
22 shall be subject to appropriation by the General Assembly.
23 The State shall not be liable on or guarantee bonds of a
24 county issued for such purposes, and such bonds shall not be
25 State debt. The face of all such bonds shall contain a
26 statement with respect to the provisions of this Section.
27 (Source: P.A. 85-962.)
28 (605 ILCS 5/6-512) (from Ch. 121, par. 6-512)
29 Sec. 6-512. For the purpose of constructing, maintaining
30 and repairing county unit district roads, bridges and
31 drainage structures and the acquisition, maintenance, housing
32 and repair of machinery and equipment, the county board, in
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1 any county in which a county unit road district is
2 established, may levy annual separate taxes upon all taxable
3 property of the county to be known as the "County Unit Road
4 District Road Tax" and the "County Unit Road District Bridge
5 Tax". Such taxes shall be levied and collected as other
6 county taxes, but the road district taxes shall be in
7 addition to the maximum of all other county taxes which the
8 county is now or may hereafter be authorized by law to levy.
9 The tax levies authorized in this Section shall not be
10 extended in counties having less than 2,000,000 1,000,000
11 inhabitants at a rate in excess of .165% for the road tax,
12 unless the maximum rate has been increased as provided in
13 Section 6-512.1, and .05% for the bridge tax, both figures
14 based on the value of all the taxable property within the
15 county, as equalized or assessed by the Department of
16 Revenue, or .01% in counties having 2,000,000 1,000,000 or
17 more inhabitants, of the value, as equalized or assessed by
18 the Department of Revenue, of all taxable property within the
19 county; however, 1/2 of the County Unit Road District Road
20 tax levied under this Section, on property lying within a
21 municipality in which the streets and alleys are under the
22 care of the municipality, shall, when collected, be paid over
23 to the treasurer of the municipality to be appropriated to
24 the improvement of roads, streets and bridges therein. In
25 determining the amount of tax necessary to be raised and
26 levied, the county board shall state separately the several
27 amounts to be raised and levied for the construction of
28 roads, the construction and maintenance of bridges and
29 drainage structures, the purchase of machinery, the repair of
30 machinery, the oiling of roads and the prevention and
31 extirpation of weeds.
32 All tax moneys collected as a result of the levies
33 authorized by this Section shall be deposited in separate
34 county unit road district accounts known, respectively, as
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1 the "county unit road district road fund" and the "county
2 unit road district bridge and drainage fund". The county
3 treasurer shall be custodian of these funds, but the road
4 district funds shall be maintained separate and apart from
5 the general county fund.
6 (Source: P.A. 90-655, eff. 7-30-98.)
7 (605 ILCS 5/9-101.1) (from Ch. 121, par. 9-101.1)
8 Sec. 9-101.1. Whenever the proper highway authority is
9 about to construct or improve the drainage structures of a
10 State highway, county highways, or county unit district road,
11 the highway authority shall meet and consult with the
12 authorities of any municipality adjacent to or through which
13 such highway or road runs. The purpose of such meetings is to
14 work out an agreement with such municipality and all other
15 interested agencies and units of local government as to the
16 extent of such drainage construction or improvement.
17 If a county or State highway, in a county of under
18 2,000,000 1,000,000 population, adjoins a parcel of land
19 proposed to be subdivided, the subdivider of the parcel shall
20 notify the proper highway authority in writing of the
21 proposed subdivision and provide the proper local authority
22 that would approve the subdivision a copy of the notice. The
23 notice shall request of the proper highway authority its need
24 to have provided, at the cost of the highway authority or as
25 otherwise provided by law, additional capacity in any
26 stormwater detention facility to be constructed in the
27 subdivision for the future availability of the highway
28 authority for meeting the stormwater detention requirements
29 of any future public construction on the highway. The
30 highway authority shall within 30 days of receipt of the
31 written notice provide written information to the proper
32 local authority relative to the request. The parties may
33 then work out by agreement the extent of the inclusion of
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1 those stormwater detention needs, if any, in the subdivision.
2 The proper highway authority may provide to the subdivider
3 any funds generally available for highway construction to
4 provide for the highway authority's proportionate share of
5 the design of the stormwater detention and the proportionate
6 share of the cost of the property required for the stormwater
7 detention including the impact of density changes on said
8 parcel as the parties may agree within 60 days of the reply
9 to the notice issued by the highway authority. In the event
10 that the parties are not able to reach agreement within the
11 60 days the parcel may be subdivided as may be approved by
12 the proper local authority without the inclusion of said
13 stormwater detention needs identified by the highway
14 authority.
15 (Source: P.A. 88-79.)
16 Section 180. The Joint Airports Act is amended by
17 changing Sections 2 and 6 as follows:
18 (620 ILCS 20/2) (from Ch. 15 1/2, par. 602)
19 Sec. 2. The Intergovernmental Agreement shall provide
20 for the creation of a Joint County-City Airport Commission
21 for the purpose of establishing and operating the airport and
22 its facilities, the number and manner of appointment of
23 members to serve on the Commission, residence requirements,
24 term of office, compensation, resignation or removal from
25 office, filling of vacancies, election of officers and such
26 other functions, powers and duties of membership as are
27 reasonable and necessary to establish and operate an airport
28 and its facilities; provided, however, that the provision
29 against elected officials of a county or municipality from
30 serving on such a Commission in Section 3 of the County
31 Airport Law of 1943 "An Act in relation to the establishment,
32 acquisition, maintenance and operation of airports and
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1 landing fields by counties of less than 1,000,000 population
2 and by such counties jointly with certain taxing districts
3 located within or partly within such counties, and to provide
4 for the financing thereof", approved July 22, 1943, as
5 amended, shall not apply.
6 (Source: P.A. 81-1196.)
7 (620 ILCS 20/6) (from Ch. 15 1/2, par. 606)
8 Sec. 6. (a) Any park district may, under the
9 "Intergovernmental Cooperation Act", approved September 11,
10 1973, as now or hereafter amended, enter into an agreement
11 with any county or municipality, or both, to jointly
12 establish and operate an airport and its facilities. This
13 authority applies without regard to whether any part of the
14 county or municipality lies within the park district. The
15 Intergovernmental Agreement shall be effective upon its
16 execution by the corporate authorities of each party to the
17 agreement and shall continue in effect until terminated as
18 provided in this Act.
19 (b) The Intergovernmental Agreement shall provide for
20 the creation of a Joint Airport Commission for the purpose of
21 establishing and operating the airport and its facilities,
22 the number and manner of appointment of members to serve on
23 the Commission, residence requirements, term of office,
24 compensation, resignation or removal from office, filling of
25 vacancies, election of officers and such other functions,
26 powers and duties of membership as are reasonable and
27 necessary to establish and operate an airport and its
28 facilities; provided, however, that the provision against
29 elected officials of a county or municipality serving on such
30 a Commission in Section 3 of the County Airport Law of 1943
31 "An Act in relation to the establishment, acquisition,
32 maintenance and operation of airports and landing fields by
33 counties of less than 1,000,000 population and by such
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1 counties jointly with certain taxing districts located within
2 or partly within such counties, and to provide for the
3 financing thereof", approved July 22, 1943, as amended, shall
4 not apply.
5 (c) The Joint Airport Commission shall have the
6 authority to carry out any and all statutory powers and
7 duties or other responsibilities vested in the corporate
8 authorities of the parties to the Intergovernmental Agreement
9 including, unless otherwise restricted by law, the power to
10 enter into contracts and agreements with State and Federal
11 Authorities in connection with establishment and operation of
12 an airport and its facilities.
13 (d) The Intergovernmental Agreement executed under this
14 Act shall provide for the manner of its termination and
15 disposal of real and personal property and the proceeds of
16 the disposal of real and personal property; provided, that
17 the right of any party to the agreement to terminate the
18 Intergovernmental Agreement shall be abrogated if any other
19 party, acting separately, has entered into an agreement with
20 the State or federal government or any other person for the
21 expansion or capital improvement of the airport or its
22 facilities which obligates such other party to continue to
23 maintain and operate the airport and its facilities for the
24 contracted period of years and termination shall not be
25 effected until such time as the agreement between such party
26 and the State or federal government or other person shall
27 expire.
28 (Source: P.A. 81-1196.)
29 Section 185. The County Airport Law of 1943 is amended
30 by changing the title of the Law and Sections 1 and 2 as
31 follows:
32 (620 ILCS 45/ Act title)
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1 An Act in relation to the establishment, acquisition,
2 maintenance and operation of airports and landing fields by
3 counties of less than 2,000,000 1,000,000 population, and by
4 such counties jointly with certain taxing districts located
5 within or partly within such counties, and to provide for the
6 financing thereof.
7 (Source: L. 1943, vol. 1, p. 516. The Title amended by L.
8 1967, p. 851.)
9 (620 ILCS 45/1) (from Ch. 15 1/2, par. 84)
10 Sec. 1. The county board of each county having a
11 population of less than 2,000,000 1,000,000 may in the manner
12 hereinafter provided, establish and maintain airports and
13 landing fields and other auxiliary institutions connected
14 with the same within the limits of such county for the use
15 and benefit of the inhabitants thereof and may levy a tax
16 subject to such further limitation as may be occasioned by
17 the issue of bonds as hereinafter provided, not to exceed .25
18 per cent of the value, as equalized or assessed by the
19 Department of Revenue, annually on all taxable property of
20 such county, such tax to be levied and collected in like
21 manner with the general taxes of such county, and to form,
22 when collected, a fund to be known as the "County Airport
23 Fund". Such tax shall be in addition to all other taxes which
24 such county is now or hereafter may be authorized to levy on
25 the aggregate valuation of all property within such county
26 and shall not be included within the rate for general county
27 purposes, but shall be in addition thereto and exclusive
28 thereof. The foregoing limitations upon tax rates may be
29 increased or decreased under the referendum provisions of the
30 General Revenue Law of Illinois.
31 (Source: P.A. 81-1509.)
32 (620 ILCS 45/2) (from Ch. 15 1/2, par. 85)
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1 Sec. 2. When 100 legal voters of any such county shall
2 present a petition to the county board of such county asking
3 that an annual tax be levied for the establishment, operation
4 and maintenance of an airport and landing field in such
5 county, the county board shall certify the proposition to the
6 proper election officials, who shall submit the proposition
7 to the voters at an election in accordance with the general
8 election law. The proposition shall be in substantially the
9 following form:
10 -------------------------------------------------------------
11 Shall an annual tax be levied in
12 .................... County for a
13 county airport and landing field
14 under the provisions of the County
15 Airport Law of 1943 "An Act in YES
16 relation to the establishment,
17 acquisition, maintenance and operation
18 of airports and landing fields ---------------------
19 by counties of less than 1,000,000
20 population, and by such counties
21 jointly with certain taxing districts NO
22 located within or partly within such
23 counties, and to provide methods
24 for the financing thereof", approved
25 July 22, 1943, as amended?
26 -------------------------------------------------------------
27 If a majority of all the votes cast upon the proposition
28 shall be in favor thereof the county board shall thereafter
29 annually levy a tax of not to exceed .25 per cent of the
30 value, as equalized or assessed by the Department of Revenue,
31 which tax shall be collected in like manner and with other
32 general taxes in such county and shall be known as the
33 "County Airport Fund", and thereafter the county board shall,
34 in the annual appropriation bill, appropriate from such fund
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1 such sum or sums of money as may be necessary to defray all
2 necessary expenses and liabilities of the county airport and
3 landing field. The county board of any such county and the
4 corporate authorities of any one or more taxing districts
5 lying wholly or partly within the corporate limits of the
6 county which taxing district or districts are authorized
7 under the laws of this state to acquire, establish, operate
8 and maintain airports and landing fields, may hereafter by
9 agreement provide for the joint construction, maintenance and
10 control of an airport and landing field. Such agreement shall
11 specify the site of the proposed airport and landing field
12 and the proportionate share of the cost of construction and
13 the cost of maintenance which shall be borne by such county
14 and each of such taxing districts. The County Board shall
15 certify the proposition for such joint construction,
16 maintenance and control to the proper election officials, who
17 shall submit the proposition to the voters of the county and
18 each such taxing district at an election in accordance with
19 the general election law. The proposition shall state the
20 proposed site of such airport and landing field and the
21 proportionate share of the cost of construction and
22 maintenance to be borne by the respective governmental units
23 concerned.
24 If the proposition is approved by a majority of the
25 voters in the county and any taxing district voting on the
26 proposition, the corporate authorities of each such
27 governmental unit may, irrespective of any limitation of rate
28 in any other act or provision to the contrary, levy a tax
29 subject to such further limitation as may be occasioned by
30 the issue of bonds as hereinafter provided, not to exceed .25
31 per cent of the value, as equalized or assessed by the
32 Department of Revenue, annually on all taxable property of
33 such governmental unit. Such tax shall be levied and
34 collected in like manner with the general taxes of such
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1 governmental unit and shall form when collected a fund to be
2 known as the "County Airport Fund" and deposited with the
3 County Treasurer of the County. Such tax shall be in addition
4 to all other taxes which such governmental unit is now or
5 hereafter may be authorized to levy on the aggregate of all
6 property therein, and shall not be included within the rate
7 for general corporate purposes for each such governmental
8 unit but shall be in addition thereto and exclusive thereof;
9 and each such governmental unit shall appropriate such sum or
10 sums as its proportionate share shall be under the agreement
11 as may be necessary to defray all necessary expenses and
12 liability of such airport and landing field.
13 If such proposition is approved by a majority of the
14 voters in the county and each of the taxing districts voting
15 on the proposition, the corporate authorities of each such
16 governmental unit shall appoint 3 directors. The
17 qualifications, terms of office and removal of such directors
18 shall be as provided in Sections 3 and 4 of this Act, and
19 vacancies shall be filled in the manner as provided in
20 Section 5 hereof. The directors so appointed shall constitute
21 a joint Board of Directors for the control and management of
22 the airport and landing field. The joint Board of Directors
23 shall exercise the powers and be subject to the duties
24 prescribed in this Act for Board of Directors of airports and
25 landing fields. The corporate authorities of each of such
26 governmental units shall annually appropriate funds for the
27 maintenance and operation of the airport in the proportion
28 set forth in the proposition adopted, for the use of the
29 Airport Fund and shall levy the tax herein provided, or so
30 much of such rate as will provide the sum, and may issue
31 bonds as provided in this Act for the purpose of defraying
32 its proportionate share of the costs of construction and
33 maintenance of the airport and landing field.
34 If any county or taxing district shall issue bonds as
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1 hereinafter provided, then so long as taxes are required to
2 be levied and extended to pay the principal of and interest
3 on such bonds, the rate extended in any year for the benefit
4 of the Airport Fund shall be limited to the amount by which
5 .25 per cent of the value, as equalized or assessed by the
6 Department of Revenue, exceeds the rate extended in such year
7 to pay such principal and interest on such bonds. The
8 foregoing limitations upon tax rates may be increased or
9 decreased under the referendum provisions of the General
10 Revenue Law of Illinois.
11 (Source: P.A. 81-1489; 81-1509.)
12 Section 190. The County Airports Act is amended by
13 changing the title of the Act as follows:
14 (620 ILCS 50/Act title)
15 An Act to authorize counties having less than 2,000,000
16 1,000,000 population to acquire, construct, improve, repair,
17 maintain and operate certain airports, to charge for the use
18 thereof and repealing a certain act herein named.
19 (Source: L. 1945, p. 594. Title amended by L. 1967, p. 849.)
20 Section 195. The Illinois Vehicle Code is amended by
21 changing Sections 18c-4103 and 18c-4503 as follows:
22 (625 ILCS 5/18c-4103) (from Ch. 95 1/2, par. 18c-4103)
23 Sec. 18c-4103. Leasing.
24 (1) Prohibition Against Single-Source Leasing. No
25 private carrier shall lease any motor vehicle with driver,
26 nor shall any person lease a motor vehicle with driver to any
27 private carrier. Likewise, no person shall lease any motor
28 vehicle to any private carrier and either:
29 (a) Procure or exercise control over drivers of
30 such vehicles, directly or indirectly; or
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1 (b) Be responsible for or hold itself out to be
2 responsible for driver's wages, payroll, unemployment
3 compensation, social security tax, income withholding tax
4 or any other taxes or payments normally due by reason of
5 the employer-employee relationship, or any other
6 compensation to drivers.
7 The provision of motor vehicles with drivers shall
8 constitute motor carrier operations subject to the licensing,
9 ratemaking, and other jurisdiction of the Commission under
10 this Chapter.
11 (2) Exclusive Use of Household Goods Contract Carrier
12 Vehicles. The prohibition against single source leasing in
13 subsection (1) of this Section shall not prohibit a household
14 goods contract carrier from providing motor vehicles, with
15 drivers, for exclusive use by a private carrier where:
16 (a) The private carrier is a contracting shipper;
17 (b) Operations conducted with such motor vehicles
18 are within the scope of the household goods contract
19 carrier's authority;
20 (c) The household goods contract carrier exercises
21 direct supervision and control of such motor vehicles and
22 drivers; and
23 (d) The lease does not have the effect of circumventing
24 rate or other provisions of this Chapter, Commission
25 regulations and orders.
26 This subsection shall apply regardless of whether the
27 household goods contract carrier's permit expressly provides
28 for the lease of vehicles, with drivers, to contracting
29 shippers.
30 (3) Equipment Leasing.
31 (a) Requirements for Content, Filing, and Carrying
32 of Leases. The Commission may prescribe requirements for
33 the leasing of equipment, with driver, and of equipment
34 without driver, to or by a motor carrier of property;
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1 provided that such regulations shall not encompass the
2 leasing of equipment, without drivers, from a bona fide
3 equipment leasing company to a motor carrier of property.
4 Such leases shall be in writing, constitute the complete
5 and exclusive statement of terms between the parties,
6 specify the compensation for the lease and the duration
7 of the lease, be signed by the parties thereto, be filed
8 with the Commission, and be carried in each motor vehicle
9 covered thereby, provided, however, that the Commission
10 may exempt from the foregoing requirements leases between
11 parties, all of whom hold public carrier certificates
12 issued by the Commission. The provisions of this
13 paragraph shall not apply to the interchange of equipment
14 or drivers between carriers for use wholly within a
15 county having a population of more than 2,000,000
16 1,000,000 inhabitants.
17 (b) Direction and Control of Leased Equipment. It
18 shall be the responsibility of the license holder to
19 exercise full direction and control of all equipment and
20 personnel used in its operations. Equipment used in its
21 operations must be owned by or under lease to the
22 carrier.
23 (Source: P.A. 89-444, eff. 1-25-96.)
24 (625 ILCS 5/18c-4503) (from Ch. 95 1/2, par. 18c-4503)
25 Sec. 18c-4503. Terminal Area Operations.
26 (1) Exemption From Rate Regulation. Except as provided
27 in subsection (2) of this Section, nothing contained in this
28 Chapter shall be construed to require any carrier engaged in
29 the transportation of property by motor vehicle between
30 points wholly within a terminal area to comply with the
31 provisions of this Chapter with respect to the filing,
32 publishing, observance or enforcement of tariffs or schedules
33 of rates with respect to transportation wholly within any
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1 such area.
2 (2) Application of Section. Notwithstanding any
3 contrary provisions therein, the ratemaking provisions of
4 subsection (1) of this Section shall have no application to
5 transportation of household goods, as defined in Commission
6 regulations, wholly within a county having a population of
7 more than 2,000,000 1,000,000.
8 (Source: P.A. 85-553.)
9 Section 200. The Domestic Relations Legal Funding Act
10 is amended by changing Section 15 as follows:
11 (705 ILCS 130/15)
12 Sec. 15. Fund; fee; administration.
13 (a) In judicial circuits which include a county with a
14 population of over 650,000 and less than 2,000,000 1,000,000
15 inhabitants, a domestic relations legal fund may be
16 established by any such county by the passage of an ordinance
17 by the county board.
18 (b) In each judicial circuit in which the county board
19 has enacted an ordinance authorizing a domestic relations
20 legal fund to be established, the county board shall set a
21 fee to be collected by the clerk of the circuit court on all
22 civil case filings of not less than $1 nor more than $8 to be
23 paid by the plaintiff at the time of the filing of the case
24 and by the defendant at the time of filing an appearance.
25 The county board shall review the amount of the fee on an
26 annual basis and shall increase the amount of the fee, not to
27 exceed the $8 maximum, if the demand for legal representation
28 requires additional funding.
29 (c) In each judicial circuit in which the county board
30 has enacted an ordinance authorizing the domestic relations
31 legal fund to be established, the clerk of the circuit court
32 shall charge and collect a domestic relations legal fund fee
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1 as established by the county ordinance, such fee to be paid
2 by the parties to the action at the time of filing the first
3 pleading in all civil cases. Such fees shall not be charged
4 in any proceeding commenced by or on behalf of a unit of
5 local government.
6 Such fees shall be in addition to all other fees and
7 charges of such clerks, shall be assessable as costs, and
8 shall be remitted by such clerks monthly to the county
9 treasurers, and shall be disbursed monthly by the county
10 treasurer to the domestic relations legal fund established
11 under this Section. Each such clerk shall commence such
12 charges and collections upon receipt of written notice from
13 the county board of the judicial circuit that a domestic
14 relations legal fund has been established.
15 (d) Each domestic relations legal fund established under
16 this Section shall be administered by the Chief Judge of the
17 judicial circuit in which the fund is established.
18 (Source: P.A. 89-56, eff. 1-1-96.)
19 Section 205. The Jury Commission Act is amended by
20 changing Sections 3, 8, and 9.2 as follows:
21 (705 ILCS 310/3) (from Ch. 78, par. 26)
22 Sec. 3. (a) The said commissioners are empowered to
23 provide a suitable room or rooms in which to transact their
24 business, and to incur all other necessary expenses which
25 shall be paid by warrants drawn as provided in section 6 of
26 this act, and with the approval of said judges or a majority
27 thereof to appoint a clerk and the requisite number of
28 assistants. In counties having 2,000,000 1,000,000 or more
29 inhabitants, the clerk, if there be one, shall be on duty at
30 the room or rooms of said commissioners each day during the
31 session of court; if there be no clerk, then one, at least,
32 of said commissioners shall, in like manner, be present, if
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1 so prescribed by the rules hereinafter mentioned. The said
2 jury commissioners shall also have power to summon electors
3 to appear before them and to examine them touching their
4 qualifications for jury service; and each of said
5 commissioners and their clerk and assistants provided for in
6 this act, are hereby empowered to administer all oaths or
7 affirmations required in the discharge of their official
8 duties. Any Circuit Court of this state, in any county where
9 this law is in force, or any judge thereof, upon application
10 of any such jury commissioners may in the discretion of the
11 court compel the attendance of electors and the giving of
12 testimony before the said jury commissioners, by attachment
13 for contempt or otherwise, in the same manner as the
14 production of evidence may be compelled before said court.
15 Every person, who having taken an oath or made affirmation as
16 herein provided, shall swear or affirm willfully, corruptly
17 and falsely, shall be guilty of perjury, and upon conviction
18 shall be punished accordingly.
19 (b) In a county with a population of at least 3,000,000,
20 if a jury administrator is designated by the chief judge of
21 that circuit to perform the functions of jury commissioners,
22 the chief judge of that circuit is authorized to provide a
23 suitable room or rooms in which to transact the business of
24 qualifying jurors and to incur all the other necessary
25 expenses to be paid by the county treasurer. The chief judge
26 for that circuit is authorized to designate a requisite
27 number of assistants to aid in the functions of qualifying
28 jurors.
29 (Source: P.A. 90-482, eff. 1-1-98.)
30 (705 ILCS 310/8) (from Ch. 78, par. 31)
31 Sec. 8. In such manner as may be prescribed by rules to
32 be adopted by majority vote of the said judges, the jury
33 administrator or the jury commissioners shall also:
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1 (a) From time to time prepare a secondary list to be
2 known as the active jury list, containing such number of
3 names taken from the general jury list as shall be appointed
4 by the said rules, and in addition thereto, such other lists,
5 to be known as period jury lists, as the said rules may
6 require. Such period jury lists, if provided for, shall
7 contain the names of prospective jurors who shall have
8 indicated, either before or after being summoned for jury
9 duty, at what time of the year they could most conveniently
10 serve. The active jury list and, except as to the names of
11 persons certified back by the clerk of the court as provided
12 in Section 10 of this act, the period jury lists, shall be
13 prepared by selecting every twentieth name, or other whole
14 number rate necessary to obtain the number required, or, in
15 counties having a population greater than 2,000,000
16 1,000,000, in a manner prescribed by the judge in charge of
17 jury selection, from the general jury list;
18 (b) Make the active jury list and, except as to the
19 names of persons certified back by the clerk of the court as
20 provided in Section 10 of this Act, the period jury lists,
21 available for the clerks of the circuit court to draw
22 therefrom by lot, as hereinafter required, providing for the
23 purpose such devices or mechanisms as the said rules shall
24 prescribe;
25 (c) See that at least 2 jury commissioners, one jury
26 commissioner and a judge of the circuit court of the county,
27 or a jury administrator shall be present at any such drawing,
28 along with the clerk of the said jury commissioners, if there
29 be one, except that if the names are to be drawn by computer
30 no jury commissioner need be present at any drawing by
31 computer;
32 (d) Provide for the manner of selection of jurors to be
33 provided to coroners pursuant to Section 10 of "An Act to
34 revise the law in relation to coroners", approved July 1,
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1 1874, as amended; provided that such manner of selection
2 shall be, to the extent practicable, similar to the manner in
3 which petit and grand jurors are selected; and
4 (e) Perform such other duties in relation to the
5 selection of electors for jury service and their appearance
6 for such service as are prescribed by this act or may be
7 prescribed by the said rules or procedures established by the
8 chief judge of the circuit.
9 (Source: P.A. 90-482, eff. 1-1-98.)
10 (705 ILCS 310/9.2) (from Ch. 78, par. 32.2)
11 Sec. 9.2. In single county circuits containing or which
12 may hereafter contain more than 2,000,000 one million
13 inhabitants, jurors may be drawn from such parts of the
14 county and assigned to jury service as determined by court
15 rule to be most favorable to an impartial trial and not to
16 incur unnecessary expense or unduly burden the citizens of
17 any part of the county with jury service. Such rule may
18 utilize established divisions within the county.
19 (Source: P.A. 88-266.)
20 Section 210. The Juvenile Court Act of 1987 is amended
21 by changing Sections 6-1, 6-3, and 6-4 as follows:
22 (705 ILCS 405/6-1) (from Ch. 37, par. 806-1)
23 Sec. 6-1. Probation departments; functions and duties.
24 (1) The chief judge of each circuit shall make provision
25 for probation services for each county in his or her circuit.
26 The appointment of officers to probation or court services
27 departments and the administration of such departments shall
28 be governed by the provisions of the Probation and Probation
29 Officers Act.
30 (2) Every county or every group of counties constituting
31 a probation district shall maintain a court services or
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1 probation department subject to the provisions of the
2 Probation and Probation Officers Act. For the purposes of
3 this Act, such a court services or probation department has,
4 but is not limited to, the following powers and duties:
5 (a) When authorized or directed by the court, to
6 receive, investigate and evaluate complaints indicating
7 dependency, requirement of authoritative intervention,
8 addiction or delinquency within the meaning of Sections
9 2-3, 2-4, 3-3, 4-3 or 5-105, respectively; to determine
10 or assist the complainant in determining whether a
11 petition should be filed under Sections 2-13, 3-15, 4-12
12 or 5-520 or whether referral should be made to an agency,
13 association or other person or whether some other action
14 is advisable; and to see that the indicating filing,
15 referral or other action is accomplished. However, no
16 such investigation, evaluation or supervision by such
17 court services or probation department is to occur with
18 regard to complaints indicating only that a minor may be
19 a chronic or habitual truant.
20 (b) When a petition is filed under Section 2-13,
21 3-15, 4-15 or 5-520, to make pre-hearing investigations
22 and formulate recommendations to the court when the court
23 has authorized or directed the department to do so.
24 (c) To counsel and, by order of the court, to
25 supervise minors referred to the court; to conduct
26 indicated programs of casework, including referrals for
27 medical and mental health service, organized recreation
28 and job placement for wards of the court and, when
29 appropriate, for members of the family of a ward; to act
30 as liaison officer between the court and agencies or
31 associations to which minors are referred or through
32 which they are placed; when so appointed, to serve as
33 guardian of the person of a ward of the court; to provide
34 probation supervision and protective supervision ordered
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1 by the court; and to provide like services to wards and
2 probationers of courts in other counties or jurisdictions
3 who have lawfully become local residents.
4 (d) To arrange for placements pursuant to court
5 order.
6 (e) To assume administrative responsibility for
7 such detention, shelter care and other institutions for
8 minors as the court may operate.
9 (f) To maintain an adequate system of case records,
10 statistical records, and financial records related to
11 juvenile detention and shelter care and to make reports
12 to the court and other authorized persons, and to the
13 Supreme Court pursuant to the Probation and Probation
14 Officers Act.
15 (g) To perform such other services as may be
16 appropriate to effectuate the purposes of this Act or as
17 may be directed by any order of court made under this
18 Act.
19 (3) The court services or probation department in any
20 probation district or county having less than 2,000,000
21 1,000,000 inhabitants, or any personnel of the department,
22 may be required by the circuit court to render services to
23 the court in other matters as well as proceedings under this
24 Act.
25 (4) In any county or probation district, a probation
26 department may be established as a separate division of a
27 more inclusive department of court services, with any
28 appropriate divisional designation. The organization of any
29 such department of court services and the appointment of
30 officers and other personnel must comply with the Probation
31 and Probations Officers Act.
32 (Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)
33 (705 ILCS 405/6-3) (from Ch. 37, par. 806-3)
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1 Sec. 6-3. Court Services Departments; counties over
2 2,000,000 1,000,000. (1) Any county having more than
3 2,000,000 1,000,000 inhabitants shall maintain a Court
4 Services Department, which shall be under the authority and
5 supervision of the chief judge of the circuit or of some
6 other judge designated by him.
7 (2) The functions and duties of probation personnel of
8 the Court Services Department include, but are not limited
9 to, those described in Section 6-1. Neither the Court
10 Services Department nor any of its personnel must supervise
11 the probation of any person over 18 years of age convicted
12 under the criminal laws, except that the court may order the
13 Department to supervise the probation of an adult convicted
14 of the crime of contributing to the dependency and neglect of
15 children or of contributing to the delinquency of children.
16 (3) The Court Services Department in any such county
17 shall provide psychiatric clinical services relating to the
18 purposes of this Act when so requested, authorized or ordered
19 by the court. The Department may be required by the circuit
20 court to render psychiatric clinical services to the court in
21 other matters as well as in proceedings under this Act.
22 (Source: P.A. 85-601.)
23 (705 ILCS 405/6-4) (from Ch. 37, par. 806-4)
24 Sec. 6-4. Psychiatric Departments; counties under
25 2,000,000 1,000,000. (1) Any county having less than
26 2,000,000 1,000,000 inhabitants or any group of counties
27 constituting a probation district may maintain a Psychiatric
28 Department to render clinical services requested, authorized
29 or ordered by the court. The Psychiatric Department may be
30 required by the circuit court to render services to the court
31 in other matters as well as in proceedings under this Act. In
32 any county or probation district the Psychiatric Department
33 may be established as a separate division of a more inclusive
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1 psychiatric department or of a comprehensive department of
2 court services, with any appropriate divisional designation.
3 (2) The chief judge of the circuit court shall appoint a
4 professionally qualified person as Director of the
5 Psychiatric Department established for any county or
6 probation district in the circuit, to serve at his pleasure,
7 and may authorize the Director to appoint such other
8 personnel of the Department as the chief judge from time to
9 time may determine are needed, to serve at the pleasure of
10 the Director. The Director shall have general charge of the
11 Department under the supervision of the chief judge or of
12 some other judge designated by the chief judge for that
13 purpose.
14 (3) Appointments to any professional position in the
15 Psychiatric Department must be made in accordance with
16 standards prescribed by the chief judge in consultation with
17 an advisory committee of his selection, composed of persons
18 of recognized and outstanding ability in the practice of
19 psychiatry or psychology or in the teaching or practice of
20 social service and public welfare work.
21 (Source: P.A. 85-601.)
22 Section 215. The Code of Criminal Procedure of 1963 is
23 amended by changing Section 112-3 as follows:
24 (725 ILCS 5/112-3) (from Ch. 38, par. 112-3)
25 Sec. 112-3. Duration of Grand Jury.
26 (a) In counties with a population in excess of 2,000,000
27 1,000,000 a Grand Jury shall be convened, impaneled and
28 sworn, and shall commence the performance of its duties for
29 an indeterminate period, on the first Monday of each month.
30 In such counties a Grand Jury shall serve until discharged by
31 the court, except that no Grand Jury shall serve in excess of
32 18 months and not more than 6 Grand Juries shall sit at the
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1 same time.
2 In counties with a population in excess of 225,000 but
3 less than 2,000,000 1,000,000 a Grand Jury may be convened,
4 empaneled, and sworn and may sit at such times and for such
5 periods as the circuit court may order on its own motion or
6 that of the State's Attorney. No Grand Jury shall serve in
7 excess of 18 months and not more than 2 Grand Juries shall
8 sit at the same time.
9 (b) In all other counties the Grand Jury shall be called
10 and sit at such times and for such periods as the circuit
11 court may order on its own motion or that of the State's
12 Attorney; provided, that no Grand Jury shall sit for a period
13 in excess of 18 months and, provided further, that no more
14 than one Grand Jury shall sit at the same time.
15 (c) At any time for cause shown the court may excuse a
16 grand juror either temporarily or permanently and, if
17 permanently, may impanel another person in place of the grand
18 juror excused.
19 (Source: P.A. 88-31.)
20 Section 220. The State Appellate Defender Act is
21 amended by changing Section 10 as follows:
22 (725 ILCS 105/10) (from Ch. 38, par. 208-10)
23 Sec. 10. Powers and duties of State Appellate Defender.
24 (a) The State Appellate Defender shall represent
25 indigent persons on appeal in criminal and delinquent minor
26 proceedings, when appointed to do so by a court under a
27 Supreme Court Rule or law of this State.
28 (b) The State Appellate Defender shall submit a budget
29 for the approval of the State Appellate Defender Commission.
30 (c) The State Appellate Defender may:
31 (1) maintain a panel of private attorneys available
32 to serve as counsel on a case basis;
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1 (2) establish programs, alone or in conjunction
2 with law schools, for the purpose of utilizing volunteer
3 law students as legal assistants;
4 (3) cooperate and consult with state agencies,
5 professional associations, and other groups concerning
6 the causes of criminal conduct, the rehabilitation and
7 correction of persons charged with and convicted of
8 crime, the administration of criminal justice, and, in
9 counties of less than 2,000,000 1,000,000 population,
10 study, design, develop and implement model systems for
11 the delivery of trial level defender services, and make
12 an annual report to the General Assembly;
13 (4) provide investigative services to appointed
14 counsel and county public defenders;
15 (5) in cases in which a death sentence is an
16 authorized disposition, provide trial counsel with the
17 assistance of expert witnesses, investigators, and
18 mitigation specialists from funds appropriated to the
19 State Appellate Defender specifically for that purpose by
20 the General Assembly. The Office of State Appellate
21 Defender shall not be appointed to serve as trial counsel
22 in capital cases.
23 (d) For each State fiscal year, the State Appellate
24 Defender shall appear before the General Assembly and request
25 appropriations to be made from the Capital Litigation Trust
26 Fund to the State Treasurer for the purpose of providing
27 defense assistance in capital cases outside of Cook County.
28 The State Appellate Defender may appear before the General
29 Assembly at other times during the State's fiscal year to
30 request supplemental appropriations from the Trust Fund to
31 the State Treasurer.
32 (e) The requirement for reporting to the General
33 Assembly shall be satisfied by filing copies of the report
34 with the Speaker, the Minority Leader and the Clerk of the
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1 House of Representatives and the President, the Minority
2 Leader and the Secretary of the Senate and the Legislative
3 Research Unit, as required by Section 3.1 of the General
4 Assembly Organization Act and filing such additional copies
5 with the State Government Report Distribution Center for the
6 General Assembly as is required under paragraph (t) of
7 Section 7 of the State Library Act.
8 (Source: P.A. 91-589, eff. 1-1-00.)
9 Section 225. The Statewide Grand Jury Act is amended by
10 changing Section 5 as follows:
11 (725 ILCS 215/5) (from Ch. 38, par. 1705)
12 Sec. 5. A Statewide Grand Jury shall be called and shall
13 sit at such times and for such periods, and subject to the
14 same procedures, as grand juries in counties having not more
15 than 2,000,000 1,000,000 inhabitants, except as otherwise
16 provided in this Act.
17 (Source: P.A. 87-466.)
18 Section 230. The Code of Civil Procedure is amended by
19 changing Sections 2-202, 12-705, 12-711, 12-805, and 12-811
20 as follows:
21 (735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
22 Sec. 2-202. Persons authorized to serve process; Place of
23 service; Failure to make return.
24 (a) Process shall be served by a sheriff, or if the
25 sheriff is disqualified, by a coroner of some county of the
26 State. A sheriff of a county with a population of less than
27 2,000,000 1,000,000 may employ civilian personnel to serve
28 process. In counties with a population of less than
29 2,000,000 1,000,000, process may be served, without special
30 appointment, by a person who is licensed or registered as a
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1 private detective under the Private Detective, Private Alarm,
2 Private Security, and Locksmith Act of 1993 or by a
3 registered employee of a private detective agency certified
4 under that Act. A private detective or licensed employee
5 must supply the sheriff of any county in which he serves
6 process with a copy of his license or certificate; however,
7 the failure of a person to supply the copy shall not in any
8 way impair the validity of process served by the person. The
9 court may, in its discretion upon motion, order service to be
10 made by a private person over 18 years of age and not a party
11 to the action. It is not necessary that service be made by a
12 sheriff or coroner of the county in which service is made. If
13 served or sought to be served by a sheriff or coroner, he or
14 she shall endorse his or her return thereon, and if by a
15 private person the return shall be by affidavit.
16 (a-5) Upon motion and in its discretion, the court may
17 appoint as a special process server a private detective
18 agency certified under the Private Detective, Private Alarm,
19 Private Security, and Locksmith Act of 1993. Under the
20 appointment, any employee of the private detective agency who
21 is registered under that Act may serve the process. The
22 motion and the order of appointment must contain the number
23 of the certificate issued to the private detective agency by
24 the Department of Professional Regulation under the Private
25 Detective, Private Alarm, Private Security, and Locksmith Act
26 of 1993.
27 (b) Summons may be served upon the defendants wherever
28 they may be found in the State, by any person authorized to
29 serve process. An officer may serve summons in his or her
30 official capacity outside his or her county, but fees for
31 mileage outside the county of the officer cannot be taxed as
32 costs. The person serving the process in a foreign county may
33 make return by mail.
34 (c) If any sheriff, coroner, or other person to whom any
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1 process is delivered, neglects or refuses to make return of
2 the same, the plaintiff may petition the court to enter a
3 rule requiring the sheriff, coroner, or other person, to make
4 return of the process on a day to be fixed by the court, or
5 to show cause on that day why that person should not be
6 attached for contempt of the court. The plaintiff shall then
7 cause a written notice of the rule to be served on the
8 sheriff, coroner, or other person. If good and sufficient
9 cause be not shown to excuse the officer or other person, the
10 court shall adjudge him or her guilty of a contempt, and
11 shall impose punishment as in other cases of contempt.
12 (d) If process is served by a sheriff or coroner, the
13 court may tax the fee of the sheriff or coroner as costs in
14 the proceeding. If process is served by a private person or
15 entity, the court may establish a fee therefor and tax such
16 fee as costs in the proceedings.
17 (e) In addition to the powers stated in Section 8.1a of
18 the Housing Authorities Act, in counties with a population of
19 3,000,000 or more inhabitants, members of a housing authority
20 police force may serve process for forcible entry and
21 detainer actions commenced by that housing authority and may
22 execute orders of possession for that housing authority.
23 (f) In counties with a population of 3,000,000 or more,
24 process may be served, with special appointment by the court,
25 by a private process server or a law enforcement agency other
26 than the county sheriff in proceedings instituted under the
27 Forcible Entry and Detainer Article of this Code as a result
28 of a lessor or lessor's assignee declaring a lease void
29 pursuant to Section 11 of the Controlled Substance and
30 Cannabis Nuisance Act.
31 (Source: P.A. 90-557, eff. 6-1-98; 91-95, eff. 7-9-99.)
32 (735 ILCS 5/12-705) (from Ch. 110, par. 12-705)
33 Sec. 12-705. Summons.
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1 (a) Summons shall be returnable not less than 21 nor
2 more than 30 days after the date of issuance. Summons with 4
3 copies of the interrogatories shall be served and returned as
4 in other civil cases. If the garnishee is served with summons
5 less than 10 days prior to the return date, the court shall
6 continue the case to a new return date 14 days after the
7 return date stated on the summons. The summons shall be in a
8 form consistent with local court rules. The summons shall be
9 accompanied by a copy of the underlying judgment or a
10 certification by the clerk of the court that entered the
11 judgment, or by the attorney for the judgment creditor,
12 setting forth the amount of the judgment, the name of the
13 court and the number of the case and one copy of a
14 garnishment notice in substantially the following form:
15 "GARNISHMENT NOTICE
16 (Name and address of Court)
17 Name of Case: (Name of Judgment Creditor),
18 Judgment Creditor v.
19 (Name of Judgement Debtor),
20 Judgment Debtor.
21 Address of Judgment Debtor: (Insert last known address)
22 Name and address of Attorney for Judgment
23 Creditor or of Judgment Creditor (If no
24 attorney is listed): (Insert name and address)
25 Amount of Judgment: $(Insert amount)
26 Name of Garnishee: (Insert name)
27 Return Date: (Insert return date specified in summons)
28 NOTICE: The court has issued a garnishment summons
29 against the garnishee named above for money or property
30 (other than wages) belonging to the judgment debtor or in
31 which the judgment debtor has an interest. The garnishment
32 summons was issued on the basis of a judgment against the
33 judgment debtor in favor of the judgment creditor in the
34 amount stated above.
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1 The amount of money or property (other than wages) that
2 may be garnished is limited by federal and Illinois law. The
3 judgment debtor has the right to assert statutory exemptions
4 against certain money or property of the judgment debtor
5 which may not be used to satisfy the judgment in the amount
6 stated above.
7 Under Illinois or federal law, the exemptions of personal
8 property owned by the debtor include the debtor's equity
9 interest, not to exceed $2,000 in value, in any personal
10 property as chosen by the debtor; Social Security and SSI
11 benefits; public assistance benefits; unemployment
12 compensation benefits; workers' compensation benefits;
13 veterans' benefits; circuit breaker property tax relief
14 benefits; the debtor's equity interest, not to exceed $1,200
15 in value, in any one motor vehicle, and the debtor's equity
16 interest, not to exceed $750 in value, in any implements,
17 professional books or tools of the trade of the debtor.
18 The judgment debtor may have other possible exemptions
19 from garnishment under the law.
20 The judgment debtor has the right to request a hearing
21 before the court to dispute the garnishment or to declare
22 exempt from garnishment certain money or property or both.
23 To obtain a hearing in counties with a population of
24 2,000,000 1,000,000 or more, the judgment debtor must notify
25 the Clerk of the Court in person and in writing at (insert
26 address of Clerk) before the return date specified above or
27 appear in court on the date and time on that return date. To
28 obtain a hearing in counties with a population of less than
29 2,000,000 1,000,000, the judgment debtor must notify the
30 Clerk of the Court in writing at (insert address of Clerk) on
31 or before the return date specified above. The Clerk of the
32 Court will provide a hearing date and the necessary forms
33 that must be prepared by the judgment debtor or the attorney
34 for the judgment debtor and sent to the judgment creditor and
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1 the garnishee regarding the time and location of the hearing.
2 This notice may be sent by regular first class mail."
3 (b) An officer or other person authorized by law to serve
4 process shall serve the summons, interrogatories and the
5 garnishment notice required by subsection (a) of this Section
6 upon the garnishee and shall, (1) within 2 business days of
7 the service upon the garnishee, mail a copy of the
8 garnishment notice and the summons to the judgment debtor by
9 first class mail at the judgment debtor's address indicated
10 in the garnishment notice and (2) within 4 business days of
11 the service upon the garnishee file with the clerk of the
12 court a certificate of mailing in substantially the following
13 form:
14 "CERTIFICATE OF MAILING
15 I hereby certify that, within 2 business days of service
16 upon the garnishee of the garnishment summons,
17 interrogatories and garnishment notice, I served upon the
18 judgment debtor in this cause a copy of the garnishment
19 summons and garnishment notice by first class mail to the
20 judgment debtor's address as indicated in the garnishment
21 notice.
22 Date:............ .........................
23 Signature"
24 In the case of service of the summons for garnishment
25 upon the garnishee by certified or registered mail, as
26 provided in subsection (c) of this Section, no sooner than 2
27 business days nor later than 4 business days after the date
28 of mailing, the clerk shall mail a copy of the garnishment
29 notice and the summons to the judgment debtor by first class
30 mail at the judgment debtor's address indicated in the
31 garnishment notice, shall prepare the Certificate of Mailing
32 described by this subsection, and shall include the
33 Certificate of Mailing in a permanent record.
34 (c) In a county with a population of less than 2,000,000
-227- LRB9109070DJcd
1 1,000,000, unless otherwise provided by circuit court rule,
2 at the request of the judgment creditor or his or her
3 attorney and instead of personal service, service of a
4 summons for garnishment may be made as follows:
5 (1) For each garnishee to be served, the judgment
6 creditor or his or her attorney shall pay to the clerk of
7 the court a fee of $2, plus the cost of mailing, and
8 furnish to the clerk an original and 2 copies of a
9 summons, an original and one copy of the interrogatories,
10 an affidavit setting forth the garnishee's mailing
11 address, an original and 2 copies of the garnishment
12 notice required by subsection (a) of this Section, and a
13 copy of the judgment or certification described in
14 subsection (a) of this Section. The original judgment
15 shall be retained by the clerk.
16 (2) The clerk shall mail to the garnishee, at the
17 address appearing in the affidavit, the copy of the
18 judgment or certification described in subsection (a) of
19 this Section, the summons, the interrogatories, and the
20 garnishment notice required by subsection (a) of this
21 Section, by certified or registered mail, return receipt
22 requested, showing to whom delivered and the date and
23 address of delivery. This Mailing shall be mailed on a
24 "restricted delivery" basis when service is directed to a
25 natural person. The envelope and return receipt shall
26 bear the return address of the clerk, and the return
27 receipt shall be stamped with the docket number of the
28 case. The receipt for certified or registered mail shall
29 state the name and address of the addressee, the date of
30 the mailing, shall identify the documents mailed, and
31 shall be attached to the original summons.
32 (3) The return receipt must be attached to the
33 original summons and, if it shows delivery at least 10
34 days before the day for the return date, shall constitute
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1 proof of service of any documents identified on the
2 return receipt as having been mailed.
3 (4) The clerk shall note the fact of service in a
4 permanent record.
5 (Source: P.A. 87-1252; 88-492.)
6 (735 ILCS 5/12-711) (from Ch. 110, par. 12-711)
7 Sec. 12-711. Contest of answer and trial.
8 (a) The judgment creditor or the judgment debtor may
9 contest the truth or sufficiency of the garnishee's answer
10 and the court shall immediately, unless for good cause the
11 hearing is postponed, proceed to try the issues. The answer
12 of the garnishee shall be considered denied without further
13 pleading.
14 (b) At any time on or before the return date, the
15 judgment debtor may request a hearing to dispute the
16 garnishment or to seek exemptions for certain moneys or
17 property by notifying the clerk of the court before that
18 time, using forms as may be provided by the clerk of the
19 court. To obtain a hearing in counties with a population of
20 2,000,000 1,000,000 or more, the judgment debtor must notify
21 the clerk of the court in person and in writing at the
22 clerk's office before the return date specified in the
23 summons, or appear in court on the date and time specified in
24 the summons. To obtain a hearing in counties with a
25 population of less than 2,000,000 1,000,000, the judgment
26 debtor must notify the clerk of the court in writing at the
27 clerk's office on or before the return date specified in the
28 summons. The clerk of the court will provide a prompt
29 hearing date and the necessary forms that must be prepared by
30 the judgment debtor or the attorney for the judgment debtor
31 and sent to the judgment creditor and the garnishee, or their
32 attorneys, regarding the time and location of the hearing.
33 This notice may be sent by regular first class mail. At the
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1 hearing the court shall immediately, unless for good cause
2 the hearing is continued, proceed to try the issues.
3 (c) The trial shall be conducted as in other civil
4 cases.
5 (d) If the finding or verdict is against a garnishee,
6 appropriate judgment or other orders shall be entered against
7 the garnishee and in favor of the judgment debtor to whom the
8 garnishee is indebted, or for whom the garnishee holds
9 property, for the use of the judgment creditor, in the same
10 manner as if the facts are admitted.
11 (e) No garnishment order shall be entered in favor of
12 the judgment creditor unless the certificate of mailing
13 required by subsection (b) of Section 12-705 is filed and the
14 garnishee's answer to the interrogatories certifies that a
15 copy of the answer was mailed to the judgment debtor in
16 accordance with Section 12-707 of this Act.
17 (Source: P.A. 87-1252.)
18 (735 ILCS 5/12-805) (from Ch. 110, par. 12-805)
19 Sec. 12-805. Summons; Issuance.
20 (a) Upon the filing by a judgment creditor, its attorney
21 or other designee of (1) an affidavit that the affiant
22 believes any person is indebted to the judgment debtor for
23 wages due or to become due, as provided in Part 8 of Article
24 XII of this Act, and includes the last address of the
25 judgment debtor known to the affiant as well as the name of
26 the judgment debtor, and a certification by the judgment
27 creditor or his attorney that, before filing the affidavit,
28 the wage deduction notice has been mailed to the judgment
29 debtor by first class mail at the judgment debtor's last
30 known address, and (2) written interrogatories to be answered
31 by the employer with respect to the indebtedness, the clerk
32 of the court in which the judgment was entered shall issue
33 summons against the person named in the affidavit as employer
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1 commanding the employer to appear in the court and answer the
2 interrogatories in writing under oath. The interrogatories
3 shall elicit all the information necessary to determine the
4 proper amount of non-exempt wages. The interrogatories shall
5 require that the employer certify that a copy of the
6 completed interrogatories as specified in subsection (c) of
7 Section 12-808 has been mailed or hand delivered to the
8 judgment debtor and shall be in a form consistent with local
9 court rules. The summons shall further command federal
10 agency employers, upon effective service of summons pursuant
11 to 5 USC 5520a, to commence to pay over deducted wages in
12 accordance with Section 12-808. The summons shall be in a
13 form consistent with local court rules. The summons shall be
14 accompanied by a copy of the underlying judgment or a
15 certification by the clerk of the court that entered the
16 judgment, or by the attorney for the judgment creditor,
17 setting forth the date and amount of the judgment, allowable
18 costs expended, interest accumulated, credits paid by or on
19 behalf of the judgment debtor and the balance due the
20 judgment creditor, and one copy of a wage deduction notice in
21 substantially the following form:
22 "WAGE DEDUCTION NOTICE
23 (Name and address of Court)
24 Name of Case: (Name of Judgment Creditor),
25 Judgment Creditor v.
26 (Name of Judgment Debtor),
27 Judgment Debtor.
28 Address of Judgment Debtor: (Insert last known address)
29 Name and Address of Attorney for Judgment
30 Creditor or of Judgment Creditor (if no
31 attorney is listed): (Insert name and address)
32 Amount of Judgment: $..........
33 Employer: (Name of Employer)
34 Return Date: (Insert return date specified in summons)
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1 NOTICE: The court shall be asked to issue a wage deduction
2 summons against the employer named above for wages due or
3 about to become due to you. The wage deduction summons may be
4 issued on the basis of a judgment against you in favor of the
5 judgment creditor in the amount stated above.
6 The amount of wages that may be deducted is limited by
7 federal and Illinois law.
8 (1) Under Illinois law, the amount of wages that
9 may be deducted is limited to the lesser of (i) 15% of
10 gross weekly wages or (ii) the amount by which disposable
11 earnings for a week exceed the total of 45 times the
12 federal minimum hourly wage.
13 (2) Under federal law, the amount of wages that may
14 be deducted is limited to the lesser of (i) 25% of
15 disposable earnings for a week or (ii) the amount by
16 which disposable earnings for a week exceed 30 times the
17 federal minimum hourly wage.
18 (3) Pension and retirement benefits and refunds may
19 be claimed as exempt from wage deduction under Illinois
20 law.
21 You have the right to request a hearing before the court
22 to dispute the wage deduction because the wages are exempt.
23 To obtain a hearing in counties with a population of
24 2,000,000 1,000,000 or more, you must notify the Clerk of the
25 Court in person and in writing at (insert address of Clerk)
26 before the Return Date specified above or appear in court on
27 the date and time on that Return Date. To obtain a hearing
28 in counties with a population of less than 2,000,000
29 1,000,000, you must notify the Clerk of the Court in writing
30 at (insert address of clerk) on or before the Return Date
31 specified above. The Clerk of the Court will provide a
32 hearing date and the necessary forms that must be prepared by
33 you or your attorney and sent to the judgment creditor and
34 the employer, or their attorney, regarding the time and
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1 location of the hearing. This notice may be sent by regular
2 first class mail."
3 (b) In a county with a population of less than 2,000,000
4 1,000,000, unless otherwise provided by circuit court rule,
5 at the request of the judgment creditor or his or her
6 attorney and instead of personal service, service of a
7 summons for a wage deduction may be made as follows:
8 (1) For each employer to be served, the judgment
9 creditor or his or her attorney shall pay to the clerk of
10 the court a fee of $2, plus the cost of mailing, and
11 furnish to the clerk an original and one copy of a
12 summons, an original and one copy of the interrogatories
13 and an affidavit setting forth the employer's mailing
14 address, an original and one copy of the wage deduction
15 notice required by subsection (a) of this Section, and a
16 copy of the judgment or certification described in
17 subsection (a) of this Section. The original judgment
18 shall be retained by the clerk.
19 (2) The clerk shall mail to the employer, at the
20 address appearing in the affidavit, the copy of the
21 judgment or certification described in subsection (a) of
22 this Section, the summons, the interrogatories, and the
23 wage deduction notice required by subsection (a) of this
24 Section, by certified or registered mail, return receipt
25 requested, showing to whom delivered and the date and
26 address of delivery. This Mailing shall be mailed on a
27 "restricted delivery" basis when service is directed to a
28 natural person. The envelope and return receipt shall
29 bear the return address of the clerk, and the return
30 receipt shall be stamped with the docket number of the
31 case. The receipt for certified or registered mail shall
32 state the name and address of the addressee, the date of
33 the mailing, shall identify the documents mailed, and
34 shall be attached to the original summons.
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1 (3) The return receipt must be attached to the
2 original summons and, if it shows delivery at least 3
3 days before the return date, shall constitute proof of
4 service of any documents identified on the return receipt
5 as having been mailed.
6 (4) The clerk shall note the fact of service in a
7 permanent record.
8 (c) Instead of personal service, a summons for a wage
9 deduction may be served and returned in the manner provided
10 by Supreme Court rule for service, otherwise than by
11 publication, of a notice for additional relief upon a party
12 in default.
13 (Source: P.A. 89-28, eff. 6-23-95; 90-677, eff. 1-1-99.)
14 (735 ILCS 5/12-811) (from Ch. 110, par. 12-811)
15 Sec. 12-811. Trial and judgment.
16 (a) The judgment creditor or the judgment debtor may
17 contest the truth or sufficiency of the employer's answer
18 and, in accordance with local court rules, the court shall
19 immediately, unless for good cause the hearing is postponed,
20 proceed to try the issues. The answer of the employer may be
21 contested without further pleading.
22 (b) At any time on or before the return date, the
23 judgment debtor may request a hearing to dispute the wage
24 deduction because the wages are exempt by notifying the clerk
25 of court before that time, using forms as may be provided by
26 the clerk of the court. To obtain a hearing in counties with
27 a population of 2,000,000 1,000,000 or more, the judgment
28 debtor must notify the clerk of court in person and in
29 writing at the clerk's office before the return date
30 specified in the summons or appear in court on the date and
31 time specified in the summons. To obtain a hearing in
32 counties with a population of less than 2,000,000 1,000,000,
33 the judgment debtor must notify the clerk of the court in
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1 writing at the clerk's office on or before the return date
2 specified in the summons. The Clerk of Court will provide a
3 hearing date and the necessary forms that must be prepared by
4 the judgment debtor or the attorney for the judgment debtor
5 and sent to the judgment creditor and the employer, or their
6 attorney, regarding the time and location of the hearing.
7 This notice may be sent by regular first class mail. At the
8 hearing the court shall immediately, unless for good cause
9 the hearing is continued, proceed to try the issues.
10 (c) The trial shall be conducted as in other civil
11 cases.
12 (d) If the finding is against an employer, a deduction
13 order shall be entered against the employer and in favor of
14 the judgment debtor to whom the employer is indebted, in the
15 same manner as if the facts are admitted.
16 (e) No deduction order shall be entered in favor of the
17 judgment creditor unless the affidavit filed by the judgment
18 creditor certifies that a copy of the wage deduction notice
19 has been mailed to the judgment debtor, under Section 12-805,
20 and the employer's answer provides a summary of the
21 computation used to determine the amount of non-exempt wages.
22 If the employer is a federal agency employer, a deduction
23 order shall be entered in favor of the judgment creditor if
24 (i) the affidavit filed by the judgment creditor certifies
25 that a copy of the wage deduction notice has been mailed to
26 the judgment debtor under Section 12-805 and (ii) the federal
27 agency employer identifies, on or with its periodic payments
28 made under subsection (b-5) of Section 12-808, the
29 computation method used to determine the amount of non-exempt
30 wages. A federal agency employer shall not be required to
31 provide a summary of the computation used to determine the
32 amount of non-exempt wages.
33 (Source: P.A. 89-28, eff. 6-23-95.)
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1 Section 235. The Illinois Marriage and Dissolution of
2 Marriage Act is amended by changing Sections 504, 505, 508,
3 and 705 as follows:
4 (750 ILCS 5/504) (from Ch. 40, par. 504)
5 Sec. 504. Maintenance.
6 (a) In a proceeding for dissolution of marriage or legal
7 separation or declaration of invalidity of marriage, or a
8 proceeding for maintenance following dissolution of the
9 marriage by a court which lacked personal jurisdiction over
10 the absent spouse, the court may grant a temporary or
11 permanent maintenance award for either spouse in amounts and
12 for periods of time as the court deems just, without regard
13 to marital misconduct, in gross or for fixed or indefinite
14 periods of time, and the maintenance may be paid from the
15 income or property of the other spouse after consideration of
16 all relevant factors, including:
17 (1) the income and property of each party,
18 including marital property apportioned and non-marital
19 property assigned to the party seeking maintenance;
20 (2) the needs of each party;
21 (3) the present and future earning capacity of each
22 party;
23 (4) any impairment of the present and future
24 earning capacity of the party seeking maintenance due to
25 that party devoting time to domestic duties or having
26 forgone or delayed education, training, employment, or
27 career opportunities due to the marriage;
28 (5) the time necessary to enable the party seeking
29 maintenance to acquire appropriate education, training,
30 and employment, and whether that party is able to support
31 himself or herself through appropriate employment or is
32 the custodian of a child making it appropriate that the
33 custodian not seek employment;
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1 (6) the standard of living established during the
2 marriage;
3 (7) the duration of the marriage;
4 (8) the age and the physical and emotional
5 condition of both parties;
6 (9) the tax consequences of the property division
7 upon the respective economic circumstances of the
8 parties;
9 (10) contributions and services by the party
10 seeking maintenance to the education, training, career or
11 career potential, or license of the other spouse;
12 (11) any valid agreement of the parties; and
13 (12) any other factor that the court expressly
14 finds to be just and equitable.
15 (b) (Blank).
16 (c) The court may grant and enforce the payment of
17 maintenance during the pendency of an appeal as the court
18 shall deem reasonable and proper.
19 (d) No maintenance shall accrue during the period in
20 which a party is imprisoned for failure to comply with the
21 court's order for the payment of such maintenance.
22 (e) When maintenance is to be paid through the clerk of
23 the court in a county of 2,000,000 1,000,000 inhabitants or
24 less, the order shall direct the obligor to pay to the clerk,
25 in addition to the maintenance payments, all fees imposed by
26 the county board under paragraph (3) of subsection (u) of
27 Section 27.1 of the Clerks of Courts Act. Unless paid in
28 cash or pursuant to an order for withholding, the payment of
29 the fee shall be by a separate instrument from the support
30 payment and shall be made to the order of the Clerk.
31 (Source: P.A. 91-357, eff. 7-29-99.)
32 (750 ILCS 5/505) (from Ch. 40, par. 505)
33 Sec. 505. Child support; contempt; penalties.
-237- LRB9109070DJcd
1 (a) In a proceeding for dissolution of marriage, legal
2 separation, declaration of invalidity of marriage, a
3 proceeding for child support following dissolution of the
4 marriage by a court which lacked personal jurisdiction over
5 the absent spouse, a proceeding for modification of a
6 previous order for child support under Section 510 of this
7 Act, or any proceeding authorized under Section 501 or 601 of
8 this Act, the court may order either or both parents owing a
9 duty of support to a child of the marriage to pay an amount
10 reasonable and necessary for his support, without regard to
11 marital misconduct. The duty of support owed to a minor
12 child includes the obligation to provide for the reasonable
13 and necessary physical, mental and emotional health needs of
14 the child.
15 (1) The Court shall determine the minimum amount of
16 support by using the following guidelines:
17 Number of Children Percent of Supporting Party's
18 Net Income
19 1 20%
20 2 25%
21 3 32%
22 4 40%
23 5 45%
24 6 or more 50%
25 (2) The above guidelines shall be applied in each
26 case unless the court makes a finding that application of
27 the guidelines would be inappropriate, after considering
28 the best interests of the child in light of evidence
29 including but not limited to one or more of the following
30 relevant factors:
31 (a) the financial resources and needs of the
32 child;
33 (b) the financial resources and needs of the
34 custodial parent;
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1 (c) the standard of living the child would
2 have enjoyed had the marriage not been dissolved;
3 (d) the physical and emotional condition of
4 the child, and his educational needs; and
5 (e) the financial resources and needs of the
6 non-custodial parent.
7 If the court deviates from the guidelines, the
8 court's finding shall state the amount of support that
9 would have been required under the guidelines, if
10 determinable. The court shall include the reason or
11 reasons for the variance from the guidelines.
12 (3) "Net income" is defined as the total of all
13 income from all sources, minus the following deductions:
14 (a) Federal income tax (properly calculated
15 withholding or estimated payments);
16 (b) State income tax (properly calculated
17 withholding or estimated payments);
18 (c) Social Security (FICA payments);
19 (d) Mandatory retirement contributions
20 required by law or as a condition of employment;
21 (e) Union dues;
22 (f) Dependent and individual
23 health/hospitalization insurance premiums;
24 (g) Prior obligations of support or
25 maintenance actually paid pursuant to a court order;
26 (h) Expenditures for repayment of debts that
27 represent reasonable and necessary expenses for the
28 production of income, medical expenditures necessary
29 to preserve life or health, reasonable expenditures
30 for the benefit of the child and the other parent,
31 exclusive of gifts. The court shall reduce net
32 income in determining the minimum amount of support
33 to be ordered only for the period that such payments
34 are due and shall enter an order containing
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1 provisions for its self-executing modification upon
2 termination of such payment period.
3 (4) In cases where the court order provides for
4 health/hospitalization insurance coverage pursuant to
5 Section 505.2 of this Act, the premiums for that
6 insurance, or that portion of the premiums for which the
7 supporting party is responsible in the case of insurance
8 provided through an employer's health insurance plan
9 where the employer pays a portion of the premiums, shall
10 be subtracted from net income in determining the minimum
11 amount of support to be ordered.
12 (4.5) In a proceeding for child support following
13 dissolution of the marriage by a court that lacked
14 personal jurisdiction over the absent spouse, and in
15 which the court is requiring payment of support for the
16 period before the date an order for current support is
17 entered, there is a rebuttable presumption that the
18 supporting party's net income for the prior period was
19 the same as his or her net income at the time the order
20 for current support is entered.
21 (5) If the net income cannot be determined because
22 of default or any other reason, the court shall order
23 support in an amount considered reasonable in the
24 particular case. The final order in all cases shall
25 state the support level in dollar amounts.
26 (a-5) In an action to enforce an order for support based
27 on the respondent's failure to make support payments as
28 required by the order, notice of proceedings to hold the
29 respondent in contempt for that failure may be served on the
30 respondent by personal service or by regular mail addressed
31 to the respondent's last known address. The respondent's
32 last known address may be determined from records of the
33 clerk of the court, from the Federal Case Registry of Child
34 Support Orders, or by any other reasonable means.
-240- LRB9109070DJcd
1 (b) Failure of either parent to comply with an order to
2 pay support shall be punishable as in other cases of
3 contempt. In addition to other penalties provided by law the
4 Court may, after finding the parent guilty of contempt, order
5 that the parent be:
6 (1) placed on probation with such conditions of
7 probation as the Court deems advisable;
8 (2) sentenced to periodic imprisonment for a period
9 not to exceed 6 months; provided, however, that the Court
10 may permit the parent to be released for periods of time
11 during the day or night to:
12 (A) work; or
13 (B) conduct a business or other self-employed
14 occupation.
15 The Court may further order any part or all of the
16 earnings of a parent during a sentence of periodic
17 imprisonment paid to the Clerk of the Circuit Court or to the
18 parent having custody or to the guardian having custody of
19 the minor children of the sentenced parent for the support of
20 said minor children until further order of the Court.
21 If there is a unity of interest and ownership sufficient
22 to render no financial separation between a non-custodial
23 parent and another person or persons or business entity, the
24 court may pierce the ownership veil of the person, persons,
25 or business entity to discover assets of the non-custodial
26 parent held in the name of that person, those persons, or
27 that business entity. The following circumstances are
28 sufficient to authorize a court to order discovery of the
29 assets of a person, persons, or business entity and to compel
30 the application of any discovered assets toward payment on
31 the judgment for support:
32 (1) the non-custodial parent and the person,
33 persons, or business entity maintain records together.
34 (2) the non-custodial parent and the person,
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1 persons, or business entity fail to maintain an arms
2 length relationship between themselves with regard to any
3 assets.
4 (3) the non-custodial parent transfers assets to
5 the person, persons, or business entity with the intent
6 to perpetrate a fraud on the custodial parent.
7 With respect to assets which are real property, no order
8 entered under this paragraph shall affect the rights of bona
9 fide purchasers, mortgagees, judgment creditors, or other
10 lien holders who acquire their interests in the property
11 prior to the time a notice of lis pendens pursuant to the
12 Code of Civil Procedure or a copy of the order is placed of
13 record in the office of the recorder of deeds for the county
14 in which the real property is located.
15 The court may also order in cases where the parent is 90
16 days or more delinquent in payment of support or has been
17 adjudicated in arrears in an amount equal to 90 days
18 obligation or more, that the parent's Illinois driving
19 privileges be suspended until the court determines that the
20 parent is in compliance with the order of support. The court
21 may also order that the parent be issued a family financial
22 responsibility driving permit that would allow limited
23 driving privileges for employment and medical purposes in
24 accordance with Section 7-702.1 of the Illinois Vehicle Code.
25 The clerk of the circuit court shall certify the order
26 suspending the driving privileges of the parent or granting
27 the issuance of a family financial responsibility driving
28 permit to the Secretary of State on forms prescribed by the
29 Secretary. Upon receipt of the authenticated documents, the
30 Secretary of State shall suspend the parent's driving
31 privileges until further order of the court and shall, if
32 ordered by the court, subject to the provisions of Section
33 7-702.1 of the Illinois Vehicle Code, issue a family
34 financial responsibility driving permit to the parent.
-242- LRB9109070DJcd
1 In addition to the penalties or punishment that may be
2 imposed under this Section, any person whose conduct
3 constitutes a violation of Section 15 1 of the Non-Support
4 Punishment of Spouse and Children Act may be prosecuted under
5 that Act Section, and a person convicted under that Act
6 Section may be sentenced in accordance with that Act Section.
7 The sentence may include but need not be limited to a
8 requirement that the person perform community service under
9 Section 50 subsection (b) of that Act Section or participate
10 in a work alternative program under Section 50 subsection (c)
11 of that Act Section. A person may not be required to
12 participate in a work alternative program under Section 50
13 subsection (c) of that Act Section if the person is currently
14 participating in a work program pursuant to Section 505.1 of
15 this Act.
16 A support obligation, or any portion of a support
17 obligation, which becomes due and remains unpaid for 30 days
18 or more shall accrue interest at the rate of 9% per annum.
19 (c) A one-time charge of 20% is imposable upon the
20 amount of past-due child support owed on July 1, 1988 which
21 has accrued under a support order entered by the court. The
22 charge shall be imposed in accordance with the provisions of
23 Section 10-21 of the Illinois Public Aid Code and shall be
24 enforced by the court upon petition.
25 (d) Any new or existing support order entered by the
26 court under this Section shall be deemed to be a series of
27 judgments against the person obligated to pay support
28 thereunder, each such judgment to be in the amount of each
29 payment or installment of support and each such judgment to
30 be deemed entered as of the date the corresponding payment or
31 installment becomes due under the terms of the support order.
32 Each such judgment shall have the full force, effect and
33 attributes of any other judgment of this State, including the
34 ability to be enforced. A lien arises by operation of law
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1 against the real and personal property of the noncustodial
2 parent for each installment of overdue support owed by the
3 noncustodial parent.
4 (e) When child support is to be paid through the clerk
5 of the court in a county of 2,000,000 1,000,000 inhabitants
6 or less, the order shall direct the obligor to pay to the
7 clerk, in addition to the child support payments, all fees
8 imposed by the county board under paragraph (3) of subsection
9 (u) of Section 27.1 of the Clerks of Courts Act. Unless paid
10 in cash or pursuant to an order for withholding, the payment
11 of the fee shall be by a separate instrument from the support
12 payment and shall be made to the order of the Clerk.
13 (f) All orders for support, when entered or modified,
14 shall include a provision requiring the obligor to notify the
15 court and, in cases in which a party is receiving child and
16 spouse services under Article X of the Illinois Public Aid
17 Code, the Illinois Department of Public Aid, within 7 days,
18 (i) of the name and address of any new employer of the
19 obligor, (ii) whether the obligor has access to health
20 insurance coverage through the employer or other group
21 coverage and, if so, the policy name and number and the names
22 of persons covered under the policy, and (iii) of any new
23 residential or mailing address or telephone number of the
24 non-custodial parent. In any subsequent action to enforce a
25 support order, upon a sufficient showing that a diligent
26 effort has been made to ascertain the location of the
27 non-custodial parent, service of process or provision of
28 notice necessary in the case may be made at the last known
29 address of the non-custodial parent in any manner expressly
30 provided by the Code of Civil Procedure or this Act, which
31 service shall be sufficient for purposes of due process.
32 (g) An order for support shall include a date on which
33 the current support obligation terminates. The termination
34 date shall be no earlier than the date on which the child
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1 covered by the order will attain the age of majority or is
2 otherwise emancipated. The order for support shall state that
3 the termination date does not apply to any arrearage that may
4 remain unpaid on that date. Nothing in this subsection shall
5 be construed to prevent the court from modifying the order.
6 (h) An order entered under this Section shall include a
7 provision requiring the obligor to report to the obligee and
8 to the clerk of court within 10 days each time the obligor
9 obtains new employment, and each time the obligor's
10 employment is terminated for any reason. The report shall be
11 in writing and shall, in the case of new employment, include
12 the name and address of the new employer. Failure to report
13 new employment or the termination of current employment, if
14 coupled with nonpayment of support for a period in excess of
15 60 days, is indirect criminal contempt. For any obligor
16 arrested for failure to report new employment bond shall be
17 set in the amount of the child support that should have been
18 paid during the period of unreported employment. An order
19 entered under this Section shall also include a provision
20 requiring the obligor and obligee parents to advise each
21 other of a change in residence within 5 days of the change
22 except when the court finds that the physical, mental, or
23 emotional health of a party or that of a minor child, or
24 both, would be seriously endangered by disclosure of the
25 party's address.
26 (Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
27 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
28 8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; revised
29 10-13-99.)
30 (750 ILCS 5/508) (from Ch. 40, par. 508)
31 Sec. 508. Attorney's Fees; Client's Rights and
32 Responsibilities Respecting Fees and Costs.
33 (a) The court from time to time, after due notice and
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1 hearing, and after considering the financial resources of the
2 parties, may order any party to pay a reasonable amount for
3 his own or the other party's costs and attorney's fees.
4 Interim attorney's fees and costs may be awarded from the
5 opposing party, in accordance with subsection (c-1) of
6 Section 501. At the conclusion of the case, contribution to
7 attorney's fees and costs may be awarded from the opposing
8 party in accordance with subsection (j) of Section 503. Fees
9 and costs may be awarded to counsel from a former client in
10 accordance with subsection (c) of this Section. Awards may be
11 made in connection with the following:
12 (1) The maintenance or defense of any proceeding
13 under this Act.
14 (2) The enforcement or modification of any order or
15 judgment under this Act.
16 (3) The defense of an appeal of any order or
17 judgment under this Act, including the defense of appeals
18 of post-judgment orders.
19 (3.1) The prosecution of any claim on appeal (if
20 the prosecuting party has substantially prevailed).
21 (4) The maintenance or defense of a petition
22 brought under Section 2-1401 of the Code of Civil
23 Procedure seeking relief from a final order or judgment
24 under this Act.
25 (5) The costs and legal services of an attorney
26 rendered in preparation of the commencement of the
27 proceeding brought under this Act.
28 (6) Ancillary litigation incident to, or reasonably
29 connected with, a proceeding under this Act.
30 The court may order that the award of attorney's fees and
31 costs (including an interim or contribution award) shall be
32 paid directly to the attorney, who may enforce the order in
33 his or her name, or that it shall be paid to the appropriate
34 party. Judgment may be entered and enforcement had
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1 accordingly. Except as otherwise provided in subdivision
2 (e)(1) of this Section, subsection (c) of this Section is
3 exclusive as to the right of any counsel (or former counsel)
4 of record to petition a court for an award and judgment for
5 final fees and costs during the pendency of a proceeding
6 under this Act.
7 (b) In every proceeding for the enforcement of an order
8 or judgment when the court finds that the failure to comply
9 with the order or judgment was without compelling cause or
10 justification, the court shall order the party against whom
11 the proceeding is brought to pay promptly the costs and
12 reasonable attorney's fees of the prevailing party. If
13 non-compliance is with respect to a discovery order, the
14 non-compliance is presumptively without compelling cause or
15 justification, and the presumption may only be rebutted by
16 clear and convincing evidence. If at any time a court finds
17 that a hearing under this Section was precipitated or
18 conducted for any improper purpose, the court shall allocate
19 fees and costs of all parties for the hearing to the party or
20 counsel found to have acted improperly. Improper purposes
21 include, but are not limited to, harassment, unnecessary
22 delay, or other acts needlessly increasing the cost of
23 litigation.
24 (c) Final hearings for attorney's fees and costs against
25 an attorney's own client, pursuant to a Petition for Setting
26 Final Fees and Costs of either a counsel or a client, shall
27 be governed by the following:
28 (1) No petition of a counsel of record may be filed
29 against a client unless the filing counsel previously has
30 been granted leave to withdraw as counsel of record or
31 has filed a motion for leave to withdraw as counsel. On
32 receipt of a petition of a client under this subsection
33 (c), the counsel of record shall promptly file a motion
34 for leave to withdraw as counsel. If the client and the
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1 counsel of record agree, however, a hearing on the motion
2 for leave to withdraw as counsel filed pursuant to this
3 subdivision (c)(1) may be deferred until completion of
4 any alternative dispute resolution procedure under
5 subdivision (c)(4). As to any Petition for Setting Final
6 Fees and Costs against a client or counsel over whom the
7 court has not obtained jurisdiction, a separate summons
8 shall issue. Whenever a separate summons is not required,
9 original notice as to a Petition for Setting Final Fees
10 and Costs may be given, and documents served, in
11 accordance with Illinois Supreme Court Rules 11 and 12.
12 (2) No final hearing under this subsection (c) is
13 permitted unless: (i) the counsel and the client had
14 entered into a written engagement agreement at the time
15 the client retained the counsel (or reasonably soon
16 thereafter) and the agreement meets the requirements of
17 subsection (f); (ii) the written engagement agreement is
18 attached to an affidavit of counsel that is filed with
19 the petition or with the counsel's response to a client's
20 petition; (iii) judgment in any contribution hearing on
21 behalf of the client has been entered or the right to a
22 contribution hearing under subsection (j) of Section 503
23 has been waived; (iv) the counsel has withdrawn as
24 counsel of record; and (v) the petition seeks
25 adjudication of all unresolved claims for fees and costs
26 between the counsel and the client. Irrespective of a
27 Petition for Setting Final Fees and Costs being heard in
28 conjunction with an original proceeding under this Act,
29 the relief requested under a Petition for Setting Final
30 Fees and Costs constitutes a distinct cause of action. A
31 pending but undetermined Petition for Setting Final Fees
32 and Costs shall not affect appealability of any judgment
33 or other adjudication in the original proceeding.
34 (3) The determination of reasonable attorney's fees
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1 and costs either under this subsection (c), whether
2 initiated by a counsel or a client, or in an independent
3 proceeding for services within the scope of subdivisions
4 (1) through (5) of subsection (a), is within the sound
5 discretion of the trial court. The court shall first
6 consider the written engagement agreement and, if the
7 court finds that the former client and the filing
8 counsel, pursuant to their written engagement agreement,
9 entered into a contract which meets applicable
10 requirements of court rules and addresses all material
11 terms, then the contract shall be enforceable in
12 accordance with its terms, subject to the further
13 requirements of this subdivision (c)(3). Before ordering
14 enforcement, however, the court shall consider the
15 performance pursuant to the contract. Any amount awarded
16 by the court must be found to be fair compensation for
17 the services, pursuant to the contract, that the court
18 finds were reasonable and necessary. Quantum meruit
19 principles shall govern any award for legal services
20 performed that is not based on the terms of the written
21 engagement agreement (except that, if a court expressly
22 finds in a particular case that aggregate billings to a
23 client were unconscionably excessive, the court in its
24 discretion may reduce the award otherwise determined
25 appropriate or deny fees altogether).
26 (4) No final hearing under this subsection (c) is
27 permitted unless any controversy over fees and costs
28 (that is not otherwise subject to some form of
29 alternative dispute resolution) has first been submitted
30 to mediation, arbitration, or any other court approved
31 alternative dispute resolution procedure, except as
32 follows:
33 (A) In any circuit court for a single county
34 with a population in excess of 2,000,000 1,000,000,
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1 the requirement of the controversy being submitted
2 to an alternative dispute resolution procedure is
3 mandatory unless the client and the counsel both
4 affirmatively opt out of such procedures; or
5 (B) In any other circuit court, the
6 requirement of the controversy being submitted to an
7 alternative dispute resolution procedure is
8 mandatory only if neither the client nor the counsel
9 affirmatively opts out of such procedures.
10 After completion of any such procedure (or after one
11 or both sides has opted out of such procedures), if the
12 dispute is unresolved, any pending motion for leave to
13 withdraw as counsel shall be promptly granted and a final
14 hearing under this subsection (c) shall be expeditiously
15 set and completed.
16 (5) A petition (or a praecipe for fee hearing
17 without the petition) shall be filed no later than the
18 end of the period in which it is permissible to file a
19 motion pursuant to Section 2-1203 of the Code of Civil
20 Procedure. A praecipe for fee hearing shall be dismissed
21 if a Petition for Setting Final Fees and Costs is not
22 filed within 60 days after the filing of the praecipe. A
23 counsel who becomes a party by filing a Petition for
24 Setting Final Fees and Costs, or as a result of the
25 client filing a Petition for Setting Final Fees and
26 Costs, shall not be entitled to exercise the right to a
27 substitution of a judge without cause under subdivision
28 (a)(2) of Section 2-1001 of the Code of Civil Procedure.
29 (d) A consent judgment, in favor of a current counsel of
30 record against his or her own client for a specific amount in
31 a marital settlement agreement, dissolution judgment, or any
32 other instrument involving the other litigant, is prohibited.
33 A consent judgment between client and counsel, however, is
34 permissible if it is entered pursuant to a verified petition
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1 for entry of consent judgment, supported by an affidavit of
2 the counsel of record that incorporates an itemization of the
3 billing or billings to the client, detailing hourly costs,
4 time spent, and tasks performed, and by an affidavit of the
5 client acknowledging receipt of that documentation, awareness
6 of the right to a hearing, the right to be represented by
7 counsel (other than counsel to whom the consent judgment is
8 in favor), and the right to be present at the time of
9 presentation of the petition, and agreement to the terms of
10 the judgment. The petition may be filed at any time during
11 which it is permissible for counsel of record to file a
12 petition (or a praecipe) for a final fee hearing, except that
13 no such petition for entry of consent judgment may be filed
14 before adjudication (or waiver) of the client's right to
15 contribution under subsection (j) of Section 503 or filed
16 after the filing of a petition (or a praecipe) by counsel of
17 record for a fee hearing under subsection (c) if the petition
18 (or praecipe) remains pending. No consent security
19 arrangement between a client and a counsel of record,
20 pursuant to which assets of a client are collateralized to
21 secure payment of legal fees or costs, is permissible unless
22 approved in advance by the court as being reasonable under
23 the circumstances.
24 (e) Counsel may pursue an award and judgment against a
25 former client for legal fees and costs in an independent
26 proceeding in the following circumstances:
27 (1) While a case under this Act still pends, a
28 former counsel may pursue such an award and judgment at
29 any time subsequent to 90 days after the entry of an
30 order granting counsel leave to withdraw; and
31 (2) After the close of the period during which a
32 petition (or praecipe) may be filed under subdivision
33 (c)(5), if no such petition (or praecipe) for the counsel
34 remains pending, any counsel or former counsel may pursue
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1 such an award and judgment, provided the complaint in the
2 independent proceeding is filed within one year after the
3 close of the foregoing period.
4 In an independent proceeding, the prior applicability of this
5 Section shall in no way be deemed to have diminished any
6 other right of any counsel (or former counsel) to pursue an
7 award and judgment for legal fees and costs on the basis of
8 remedies that may otherwise exist under applicable law. In
9 an independent proceeding under subdivision (e)(1) in which
10 the former counsel had represented a former client in a
11 dissolution case that still pends, the former client may
12 bring in his or her spouse as a third-party defendant,
13 provided on or before the final date for filing a petition
14 (or praecipe) under subsection (c), the party files an
15 appropriate third-party complaint under Section 2-406 of the
16 Code of Civil Procedure. In any such case, any judgment
17 later obtained by the former counsel shall be against both
18 spouses or ex-spouses, jointly and severally (except that, if
19 a hearing under subsection (j) of Section 503 has already
20 been concluded and the court hearing the contribution issue
21 has imposed a percentage allocation between the parties as to
22 fees and costs otherwise being adjudicated in the independent
23 proceeding, the allocation shall be applied without deviation
24 by the court in the independent proceeding and a separate
25 judgment shall be entered against each spouse for the
26 appropriate amount). After the period for the commencement
27 of a proceeding under subsection (c), the provisions of this
28 Section (other than the standard set forth in subdivision
29 (c)(3) and the terms respecting consent security arrangements
30 in subsection (d) of this Section 508) shall be inapplicable.
31 (f) Unless the Supreme Court by rule addresses the
32 matters set out in this subsection (f), a written engagement
33 agreement within the scope of subdivision (c)(2) shall have
34 appended to it verbatim the following Statement:
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1 "STATEMENT OF CLIENT'S RIGHTS AND RESPONSIBILITIES
2 (1) WRITTEN ENGAGEMENT AGREEMENT. The written engagement
3 agreement, prepared by the counsel, shall clearly address the
4 objectives of representation and detail the fee arrangement,
5 including all material terms. If fees are to be based on
6 criteria apart from, or in addition to, hourly rates, such
7 criteria (e.g., unique time demands and/or utilization of
8 unique expertise) shall be delineated. The client shall
9 receive a copy of the written engagement agreement and any
10 additional clarification requested and is advised not to sign
11 any such agreement which the client finds to be
12 unsatisfactory or does not understand.
13 (2) REPRESENTATION. Representation will commence upon
14 the signing of the written engagement agreement. The counsel
15 will provide competent representation, which requires legal
16 knowledge, skill, thoroughness and preparation to handle
17 those matters set forth in the written engagement agreement.
18 Once employed, the counsel will act with reasonable diligence
19 and promptness, as well as use his best efforts on behalf of
20 the client, but he cannot guarantee results. The counsel
21 will abide by the client's decision concerning the objectives
22 of representation, including whether or not to accept an
23 offer of settlement, and will endeavor to explain any matter
24 to the extent reasonably necessary to permit the client to
25 make informed decisions regarding representation. During the
26 course of representation and afterwards, the counsel may not
27 use or reveal a client's confidence or secrets, except as
28 required or permitted by law.
29 (3) COMMUNICATION. The counsel will keep the client
30 reasonably informed about the status of representation and
31 will promptly respond to reasonable requests for information,
32 including any reasonable request for an estimate respecting
33 future costs of the representation or an appropriate portion
34 of it. The client shall be truthful in all discussions with
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1 the counsel and provide all information or documentation
2 required to enable the counsel to provide competent
3 representation. During representation, the client is
4 entitled to receive all pleadings and substantive documents
5 prepared on behalf of the client and every document received
6 from any other counsel of record. At the end of the
7 representation and on written request from the client, the
8 counsel will return to the client all original documents and
9 exhibits. In the event that the counsel withdraws from
10 representation, or is discharged by the client, the counsel
11 will turn over to the substituting counsel (or, if no
12 substitutions, to the client) all original documents and
13 exhibits together with complete copies of all pleadings and
14 discovery within thirty (30) days of the counsel's withdrawal
15 or discharge.
16 (4) ETHICAL CONDUCT. The counsel cannot be required to
17 engage in conduct which is illegal, unethical, or fraudulent.
18 In matters involving minor children, the counsel may refuse
19 to engage in conduct which, in the counsel's professional
20 judgment, would be contrary to the best interest of the
21 client's minor child or children. A counsel who cannot
22 ethically abide by his client's directions shall be allowed
23 to withdraw from representation.
24 (5) FEES. The counsel's fee for services may not be
25 contingent upon the securing of a dissolution of marriage,
26 upon obtaining custody, or be based upon the amount of
27 maintenance, child support, or property settlement received,
28 except as specifically permitted under Supreme Court rules.
29 The counsel may not require a non-refundable retainer fee,
30 but must remit back any overpayment at the end of the
31 representation. The counsel may enter into a consensual
32 security arrangement with the client whereby assets of the
33 client are pledged to secure payment of legal fees or costs,
34 but only if the counsel first obtains approval of the Court.
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1 The counsel will prepare and provide the client with an
2 itemized billing statement detailing hourly rates (and/or
3 other criteria), time spent, tasks performed, and costs
4 incurred on a regular basis, at least quarterly. The client
5 should review each billing statement promptly and address any
6 objection or error in a timely manner. The client will not
7 be billed for time spent to explain or correct a billing
8 statement. If an appropriately detailed written estimate is
9 submitted to a client as to future costs for a counsel's
10 representation or a portion of the contemplated services
11 (i.e., relative to specific steps recommended by the counsel
12 in the estimate) and, without objection from the client, the
13 counsel then performs the contemplated services, all such
14 services are presumptively reasonable and necessary, as well
15 as to be deemed pursuant to the client's direction. In an
16 appropriate case, the client may pursue contribution to his
17 or her fees and costs from the other party.
18 (6) DISPUTES. The counsel-client relationship is
19 regulated by the Illinois Rules of Professional Conduct
20 (Article VIII of the Illinois Supreme Court Rules), and any
21 dispute shall be reviewed under the terms of such Rules."
22 (g) The changes to this Section 508 made by this
23 amendatory Act of 1996 apply to cases pending on or after
24 June 1, 1997, except as follows:
25 (1) Subdivisions (c)(1) and (c)(2) of this Section
26 508, as well as provisions of subdivision (c)(3) of this
27 Section 508 pertaining to written engagement agreements,
28 apply only to cases filed on or after June 1, 1997.
29 (2) The following do not apply in the case of a
30 hearing under this Section that began before June 1,
31 1997:
32 (A) Subsection (c-1) of Section 501.
33 (B) Subsection (j) of Section 503.
34 (C) The changes to this Section 508 made by
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1 this amendatory Act of 1996 pertaining to the final
2 setting of fees.
3 (Source: P.A. 89-712, eff. 6-1-97.)
4 (750 ILCS 5/705) (from Ch. 40, par. 705)
5 Sec. 705. Support payments; receiving and disbursing
6 agents.
7 (1) The provisions of this Section shall apply, except
8 as provided in Sections 709 through 712.
9 (2) In a dissolution of marriage action filed in a
10 county of less than 3 million population in which an order or
11 judgment for child support is entered, and in supplementary
12 proceedings in any such county to enforce or vary the terms
13 of such order or judgment arising out of an action for
14 dissolution of marriage filed in such county, the court,
15 except as it otherwise orders, under subsection (4) of this
16 Section, may direct that child support payments be made to
17 the clerk of the court.
18 (3) In a dissolution of marriage action filed in any
19 county of 3 million or more population in which an order or
20 judgment for child support is entered, and in supplementary
21 proceedings in any such county to enforce or vary the terms
22 of such order or judgment arising out of an action for
23 dissolution of marriage filed in such county, the court,
24 except as it otherwise orders under subsection (4) of this
25 Section, may direct that child support payments be made
26 either to the clerk of the court or to the Court Service
27 Division of the County Department of Public Aid. After the
28 effective date of this Act, the court, except as it otherwise
29 orders under subsection (4) of this Section, may direct that
30 child support payments be made either to the clerk of the
31 court or to the Illinois Department of Public Aid.
32 (4) In a dissolution of marriage action or supplementary
33 proceedings involving maintenance or child support payments,
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1 or both, to persons who are recipients of aid under the
2 Illinois Public Aid Code, the court shall direct that such
3 payments be made to (a) the Illinois Department of Public Aid
4 if the persons are recipients under Articles III, IV, or V of
5 the Code, or (b) the local governmental unit responsible for
6 their support if they are recipients under Articles VI or VII
7 of the Code. In accordance with federal law and regulations,
8 the Illinois Department of Public Aid may continue to collect
9 current maintenance payments or child support payments, or
10 both, after those persons cease to receive public assistance
11 and until termination of services under Article X of the
12 Illinois Public Aid Code. The Illinois Department of Public
13 Aid shall pay the net amount collected to those persons after
14 deducting any costs incurred in making the collection or any
15 collection fee from the amount of any recovery made. The
16 order shall permit the Illinois Department of Public Aid or
17 the local governmental unit, as the case may be, to direct
18 that payments be made directly to the former spouse, the
19 children, or both, or to some person or agency in their
20 behalf, upon removal of the former spouse or children from
21 the public aid rolls or upon termination of services under
22 Article X of the Illinois Public Aid Code; and upon such
23 direction, the Illinois Department or local governmental
24 unit, as the case requires, shall give notice of such action
25 to the court in writing or by electronic transmission.
26 (5) All clerks of the court and the Court Service
27 Division of a County Department of Public Aid and, after the
28 effective date of this Act, all clerks of the court and the
29 Illinois Department of Public Aid, receiving child support
30 payments under subsections (2) and (3) of this Section shall
31 disburse the payments to the person or persons entitled
32 thereto under the terms of the order or judgment. They shall
33 establish and maintain current records of all moneys received
34 and disbursed and of defaults and delinquencies in required
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1 payments. The court, by order or rule, shall make provision
2 for the carrying out of these duties.
3 Upon notification in writing or by electronic
4 transmission from the Illinois Department of Public Aid to
5 the clerk of the court that a person who is receiving support
6 payments under this Section is receiving services under the
7 Child Support Enforcement Program established by Title IV-D
8 of the Social Security Act, any support payments subsequently
9 received by the clerk of the court shall be transmitted in
10 accordance with the instructions of the Illinois Department
11 of Public Aid until the Department gives notice to the clerk
12 of the court to cease the transmittal. After providing the
13 notification authorized under this paragraph, the Illinois
14 Department of Public Aid shall be entitled as a party to
15 notice of any further proceedings in the case. The clerk of
16 the court shall file a copy of the Illinois Department of
17 Public Aid's notification in the court file. The failure of
18 the clerk to file a copy of the notification in the court
19 file shall not, however, affect the Illinois Department of
20 Public Aid's right to receive notice of further proceedings.
21 Payments under this Section to the Illinois Department of
22 Public Aid pursuant to the Child Support Enforcement Program
23 established by Title IV-D of the Social Security Act shall be
24 paid into the Child Support Enforcement Trust Fund. All
25 payments under this Section to the Illinois Department of
26 Human Services shall be deposited in the DHS Recoveries Trust
27 Fund. Disbursements from these funds shall be as provided in
28 the Illinois Public Aid Code. Payments received by a local
29 governmental unit shall be deposited in that unit's General
30 Assistance Fund. Any order of court directing payment of
31 child support to a clerk of court or the Court Service
32 Division of a County Department of Public Aid, which order
33 has been entered on or after August 14, 1961, and prior to
34 the effective date of this Act, may be amended by the court
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1 in line with this Act; and orders involving payments of
2 maintenance or child support to recipients of public aid may
3 in like manner be amended to conform to this Act.
4 (6) No filing fee or costs will be required in any
5 action brought at the request of the Illinois Department of
6 Public Aid in any proceeding under this Act. However, any
7 such fees or costs may be assessed by the court against the
8 respondent in the court's order of support or any
9 modification thereof in a proceeding under this Act.
10 (7) For those cases in which child support is payable to
11 the clerk of the circuit court for transmittal to the
12 Illinois Department of Public Aid by order of court or upon
13 notification by the Illinois Department of Public Aid, the
14 clerk shall transmit all such payments, within 4 working days
15 of receipt, to insure that funds are available for immediate
16 distribution by the Department to the person or entity
17 entitled thereto in accordance with standards of the Child
18 Support Enforcement Program established under Title IV-D of
19 the Social Security Act. The clerk shall notify the
20 Department of the date of receipt and amount thereof at the
21 time of transmittal. Where the clerk has entered into an
22 agreement of cooperation with the Department to record the
23 terms of child support orders and payments made thereunder
24 directly into the Department's automated data processing
25 system, the clerk shall account for, transmit and otherwise
26 distribute child support payments in accordance with such
27 agreement in lieu of the requirements contained herein.
28 In any action filed in a county with a population of
29 2,000,000 1,000,000 or less, the court shall assess against
30 the respondent in any order of maintenance or child support
31 any sum up to $36 annually authorized by ordinance of the
32 county board to be collected by the clerk of the court as
33 costs for administering the collection and disbursement of
34 maintenance and child support payments. Such sum shall be in
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1 addition to and separate from amounts ordered to be paid as
2 maintenance or child support.
3 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
4 90-790, eff. 8-14-98; 91-24, eff. 7-1-99.)
5 Section 240. The Probate Act of 1975 is amended by
6 changing Sections 13-1.1, 13-3, 13-3.1, and 13-4 as follows:
7 (755 ILCS 5/13-1.1) (from Ch. 110 1/2, par. 13-1.1)
8 Sec. 13-1.1. Appointment and term of public guardian in
9 counties having a population in excess of 2,000,000.
10 1,000,000.) As soon as practicable after the effective date
11 of this amendatory Act, the chief judge of the Circuit Court
12 in each circuit shall appoint for each county in the circuit
13 having a population in excess of 2,000,000 1,000,000 to the
14 office of public guardian a duly licensed attorney who shall
15 hold office, death or resignation not intervening, at the
16 pleasure of the chief judge; and whenever a vacancy occurs in
17 the office it shall be filled in a like manner.
18 (Source: P.A. 81-1052.)
19 (755 ILCS 5/13-3) (from Ch. 110 1/2, par. 13-3)
20 Sec. 13-3. Compensation of public administrator.
21 (a) In counties having a population in excess of
22 2,000,000 1,000,000 the public administrator shall pay all
23 the fees collected by the office into the county treasury.
24 Each year, the county board shall appropriate an amount to be
25 paid to the public administrator as compensation for the
26 public administrator's performance of his or her duties and
27 such compensation shall be paid at a minimum level of $20,000
28 annually. That amount shall be paid from the fees collected
29 by the office of the public administrator. The county board
30 in such counties shall fix the amount for the public
31 administrator's compensation and necessary clerk hire,
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1 assistants, and office expense in the annual county budget
2 and appropriation ordinances, which shall be paid from the
3 county treasury. In such counties all fees of the office of
4 public administrator are subject to audit the same as are
5 fees of other county officers.
6 (b) In counties having a population of 2,000,000
7 1,000,000 or less the public administrator may receive all
8 the fees of his office and shall bear the expenses connected
9 with the operation of such office.
10 (Source: P.A. 89-135, eff. 7-14-95.)
11 (755 ILCS 5/13-3.1) (from Ch. 110 1/2, par. 13-3.1)
12 Sec. 13-3.1. Compensation of public guardian.) In
13 counties having a population in excess of 2,000,000 1,000,000
14 the public guardian shall be paid an annual salary, to be set
15 by the County Board at a figure not to exceed the salary of
16 the public defender for the county. All expenses connected
17 with the operation of the office shall be subject to the
18 approval of the County Board and shall be paid from the
19 county treasury. All fees collected shall be paid into the
20 county treasury.
21 (Source: P.A. 81-1052.)
22 (755 ILCS 5/13-4) (from Ch. 110 1/2, par. 13-4)
23 Sec. 13-4. Powers and duties of public administrator.)
24 (a) When a person dies owning any real or personal estate in
25 this State and there is no person in this State having a
26 prior right to administer his estate, the public
27 administrator of the county of which the decedent was a
28 resident, or of the county in which his estate is situated,
29 if the decedent was a nonresident of this State, may take
30 such measures as he deems proper to protect and secure the
31 estate from waste, loss or embezzlement until letters of
32 office on the estate are issued to the person entitled
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1 thereto or until a demand for the removal of the personal
2 estate from this State is made by a nonresident
3 representative pursuant to the authority granted by this Act.
4 When letters of office are issued to the public
5 administrator, he has the same powers and duties as other
6 representatives of decedents' estates appointed under this
7 Act until he is discharged or his authority is sooner
8 terminated by order of court.
9 (b) In counties having a population in excess of
10 2,000,000 1,000,000 inhabitants, a public administrator shall
11 deposit his files of cases in which he receives a discharge
12 with the clerk of the court of the county in which he served
13 or is serving as such public administrator.
14 (Source: P.A. 80-808.)
15 Section 245. The Fence Act is amended by changing
16 Section 4 as follows:
17 (765 ILCS 130/4) (from Ch. 54, par. 4)
18 Sec. 4. When any person wishes to inclose his land,
19 located in any county having less than 2,000,000 1,000,000
20 population according to the last preceding federal census and
21 not within the corporate limits of any municipality in such
22 county, each owner of land adjoining his land shall build, or
23 pay for the building of, a just proportion of the division
24 fence between his land and that of the adjoining owner and
25 each owner shall bear the same proportion of the costs of
26 keeping that fence maintained and in good repair. The
27 provisions of this Section shall not apply to fences on lands
28 held by public bodies for roadway purposes.
29 (Source: Laws 1967, p. 3001.)
30 Section 250. The Plat Act is amended by changing
31 Section 2 as follows:
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1 (765 ILCS 205/2) (from Ch. 109, par. 2)
2 Sec. 2. The plat must be completed, a statement from a
3 Registered Land Surveyor attached and acknowledged by the
4 owner of the land, or his attorney duly authorized, in the
5 same manner as deeds of land are required to be acknowledged.
6 The plat must be submitted to the city council of the city or
7 board of trustees of the village or town or to the officer
8 designated by them, for their or his approval, if the land
9 subdivided is located within the corporate limits of any such
10 city, village or town or within contiguous territory which is
11 affected by an official plan, or part thereof, of any city,
12 village or town. If the land subdivided is located outside
13 the corporate limits of any city, village or town and is not
14 affected by such official plan, or part thereof, the plat
15 must be submitted to the county board of the county in which
16 the land is located for its approval. Within 3 business days
17 after a plat is submitted for approval, the city council,
18 board of trustees, designated officer, or county board shall
19 notify the president of the school board of each school
20 district in which any of the subdivided land is located that
21 the plat has been submitted for approval and that it is
22 available for inspection. The notice shall also give the
23 date, time, and place of the hearing on approval or
24 disapproval of the plat. The notice shall be served by
25 certified mail, return receipt requested, or by personal
26 delivery. Failure to notify the school board as required by
27 this Section does not invalidate the plat.
28 Neither the city council of the city, the board of
29 trustees of the village or town or the officer designated by
30 them, or the county board of the county shall approve such
31 plat, unless, in addition to any other requirements of such
32 council, board of trustees or county board or the officer or
33 officers designated by them, the topographical and profile
34 studies to be submitted with the subdivision plat have on
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1 their face the signed statement of a Registered Professional
2 Engineer, and the owner of the land or his duly authorized
3 attorney, to the effect that to the best of their knowledge
4 and belief the drainage of surface waters will not be changed
5 by the construction of such subdivision or any part thereof,
6 or, that if such surface water drainage will be changed,
7 reasonable provision has been made for collection and
8 diversion of such surface waters into public areas, or drains
9 which the subdivider has a right to use, and that such
10 surface waters will be planned for in accordance with
11 generally accepted engineering practices so as to reduce the
12 likelihood of damage to the adjoining property because of the
13 construction of the subdivision. The topographical and
14 profile studies required herein shall not be recorded, but
15 shall be retained and filed by city, village or county to
16 which submitted for approval of the subdivision plat, as
17 permanent public documents.
18 Neither the city council of the city, the board of
19 trustees of the village or town or the officer designated by
20 them, or the county board of the county shall approve such
21 plat, unless, in addition to any other requirements of such
22 council, board of trustees or county board or the officer or
23 officers designated by them, the plat has been approved in
24 writing (i) except in municipalities with a population of
25 1,000,000 or more, by the Illinois Department of
26 Transportation with respect to roadway access where such
27 access is to a state highway, (ii) by the relevant local
28 highway authority with respect to all other roadway access,
29 and (iii) by the local health department, if one exists, with
30 respect to sewage disposal systems if any part of the platted
31 land will not be served by a public sewer system. An
32 applicant shall simultaneously file with the Illinois
33 Department of Transportation, relevant local highway
34 authority, or local health department, as appropriate, a copy
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1 of the application for preliminary approval of a proposed
2 plat that is filed with the municipality or county. The
3 department or authority receiving the application shall
4 review the application based solely upon safety or access
5 control standards and provide written approval or disapproval
6 to the municipal or county plan commission and to the
7 municipal or county corporate authorities not later than 90
8 days from the date the application is received. The 90 day
9 period may be changed by mutual agreement. If disapproved,
10 the department or authority shall provide reasons for the
11 disapproval related to safety or access control standards and
12 identify improvements that will remove the disapproval. The
13 municipal or county corporate authorities may approve the
14 plat once the improvements have been incorporated into the
15 application or in the event that the department or authority
16 fails to respond in writing to the municipality or county
17 within the 90 day period or other period established by
18 mutual agreement. The failure of the city council of a
19 municipality with a population of 1,000,000 or more to obtain
20 approval of a plat in writing by the Illinois Department of
21 Transportation with respect to roadway access where such
22 access is to a State highway, prior to the approval of any
23 such plat as required by this Section, where such failure
24 occurred on or after January 1, 1988 and before the effective
25 date of this amendatory Act of 1989, shall not affect the
26 validity of such plat, and any such plat otherwise complying
27 with the provisions of this Section is validated.
28 The statement of the Registered Land Surveyor and of
29 acknowledgment, together with the plat, must be recorded by
30 the Land Surveyor who prepared the plat, or a person
31 designated by that Land Surveyor, or upon the death,
32 incapacity, or absence of that Land Surveyor, by the owner of
33 the land or his or her representative, in the recorder's
34 office of the county in which the land is situated, or if the
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1 title to the land is registered under the Land Titles Act,
2 must be filed in the office of the registrar of titles for
3 the county, and such acknowledgment and recording or such
4 acknowledgment and filing as aforesaid, shall have like
5 effect and certified copies thereof and of such plat, or of
6 any plat heretofore acknowledged and certified according to
7 law, may be used in evidence to the same extent and with like
8 effect, as in case of deeds. The recorder or registrar of
9 titles shall not record or register a plat offered for
10 recording or registration after October 1, 1977, unless such
11 plat is at least 8 1/2 inches by 14 inches but not more than
12 30 inches by 36 inches. In counties of 2,000,000 1,000,000
13 or more population the recorder or the registrar of titles
14 must not record or register the plat unless the persons
15 submitting the plat for recording or registration
16 simultaneously therewith deliver to the recorder or registrar
17 of titles 6 true and exact copies thereof. In all counties,
18 the recorder or registrar of titles shall not record or
19 register a plat, unless the plat states the current mailing
20 address of the person submitting the plat for recording or
21 registration. Any changes to the unrecorded plat as may be
22 desired or required by any party must be made by the
23 Registered Land Surveyor who prepared the original plat, and
24 in the event of the death, incapacity, or absence of that
25 Land Surveyor, by another Registered Land Surveyor who shall
26 specifically identify the change or changes made on the face
27 of the plat.
28 An original plat, having been properly certified,
29 acknowledged, approved and recorded or filed as above
30 provided in this Section, may be retained as the permanent
31 record by the recorder or registrar.
32 (Source: P.A. 86-284; 86-768; 86-1028; 86-1238; 86-1349;
33 86-1475; 87-705.)
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1 Section 255. The Condominium Property Act is amended by
2 changing Section 10 as follows:
3 (765 ILCS 605/10) (from Ch. 30, par. 310)
4 Sec. 10. Separate taxation.
5 (a) Real property taxes, special assessments, and any
6 other special taxes or charges of the State of Illinois or of
7 any political subdivision thereof, or other lawful taxing or
8 assessing body, which are authorized by law to be assessed
9 against and levied upon real property shall be assessed
10 against and levied upon each unit and the owner's
11 corresponding percentage of ownership in the common elements
12 as a tract, and not upon the property as a whole. For
13 purposes of property taxes, real property owned and used for
14 residential purposes by a condominium association, including
15 a master association, but subject to the exclusive right by
16 easement, covenant, deed or other interest of the owners of
17 one or more condominium properties and used exclusively by
18 the unit owners for recreational or other residential
19 purposes shall be assessed at $1.00 per year. The balance of
20 the value of the property shall be assessed to the
21 condominium unit owners. In counties containing 2,000,000
22 1,000,000 or more inhabitants, any person desiring to
23 establish or to reestablish an assessment of $1.00 under this
24 Section shall make application therefor and be subject to the
25 provisions of Section 10-35 of the Property Tax Code.
26 (b) Each condominium unit shall be only subject to the
27 tax rate for those taxing districts in which such unit is
28 actually, physically located. The county clerk shall not
29 apply a rate which is an average of two or more different
30 districts to any condominium unit.
31 (c) Upon authorization by a two-thirds vote of the
32 members of the board of managers or by the affirmative vote
33 of not less than a majority of the unit owners at a meeting
-267- LRB9109070DJcd
1 duly called for such purpose, or upon such greater vote as
2 may be required by the declaration or bylaws, the board of
3 managers acting on behalf of all unit owners shall have the
4 power to seek relief from or in connection with the
5 assessment or levy of any such taxes, special assessments or
6 charges, and to charge and collect all expenses incurred in
7 connection therewith as common expenses.
8 (Source: P.A. 88-670, eff. 12-2-94.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 SEE INDEX
4 5 ILCS 25/1 from Ch. 1, par. 151
5 5 ILCS 70/9 new
6 5 ILCS 220/3.6 from Ch. 127, par. 743.6
7 10 ILCS 5/4-4 from Ch. 46, par. 4-4
8 10 ILCS 5/4-7 from Ch. 46, par. 4-7
9 10 ILCS 5/13-2 from Ch. 46, par. 13-2
10 10 ILCS 5/14-1 from Ch. 46, par. 14-1
11 10 ILCS 5/17-32 from Ch. 46, par. 17-32
12 20 ILCS 405/405-315 was 20 ILCS 405/67.24
13 20 ILCS 665/8 from Ch. 127, par. 200-28
14 20 ILCS 1805/22-2 from Ch. 129, par. 220.22-2
15 30 ILCS 120/17 from Ch. 85, par. 667
16 30 ILCS 120/18 from Ch. 85, par. 668
17 30 ILCS 120/19 from Ch. 85, par. 669
18 30 ILCS 120/21 from Ch. 85, par. 671
19 35 ILCS 200/3-40
20 35 ILCS 505/8 from Ch. 120, par. 424
21 40 ILCS 5/7-132 from Ch. 108 1/2, par. 7-132
22 40 ILCS 5/7-132.2 from Ch. 108 1/2, par. 7-132.2
23 50 ILCS 310/1 from Ch. 85, par. 701
24 55 ILCS 5/3-4004 from Ch. 34, par. 3-4004
25 55 ILCS 5/3-4004.1 from Ch. 34, par. 3-4004.1
26 55 ILCS 5/3-4004.2 from Ch. 34, par. 3-4004.2
27 55 ILCS 5/3-4008 from Ch. 34, par. 3-4008
28 55 ILCS 5/3-4008.1 from Ch. 34, par. 3-4008.1
29 55 ILCS 5/3-4010 from Ch. 34, par. 3-4010
30 55 ILCS 5/3-4010.1 from Ch. 34, par. 3-4010.1
31 55 ILCS 5/3-5019 from Ch. 34, par. 3-5019
32 55 ILCS 5/3-5027 from Ch. 34, par. 3-5027
33 55 ILCS 5/3-5028 from Ch. 34, par. 3-5028
34 55 ILCS 5/3-6018 from Ch. 34, par. 3-6018
-269- LRB9109070DJcd
1 55 ILCS 5/3-6019 from Ch. 34, par. 3-6019
2 55 ILCS 5/3-6033 from Ch. 34, par. 3-6033
3 55 ILCS 5/3-6036 from Ch. 34, par. 3-6036
4 55 ILCS 5/3-7001 from Ch. 34, par. 3-7001
5 55 ILCS 5/3-8002 from Ch. 34, par. 3-8002
6 55 ILCS 5/3-11009 from Ch. 34, par. 3-11009
7 55 ILCS 5/3-12001 from Ch. 34, par. 3-12001
8 55 ILCS 5/3-15002 from Ch. 34, par. 3-15002
9 55 ILCS 5/4-1001 from Ch. 34, par. 4-1001
10 55 ILCS 5/4-2001 from Ch. 34, par. 4-2001
11 55 ILCS 5/4-7001 from Ch. 34, par. 4-7001
12 55 ILCS 5/5-1005 from Ch. 34, par. 5-1005
13 55 ILCS 5/5-1025 from Ch. 34, par. 5-1025
14 55 ILCS 5/5-1062 from Ch. 34, par. 5-1062
15 55 ILCS 5/5-1064 from Ch. 34, par. 5-1064
16 55 ILCS 5/5-1067 from Ch. 34, par. 5-1067
17 55 ILCS 5/5-1074 from Ch. 34, par. 5-1074
18 55 ILCS 5/5-1084 from Ch. 34, par. 5-1084
19 55 ILCS 5/5-1085 from Ch. 34, par. 5-1085
20 55 ILCS 5/5-1101 from Ch. 34, par. 5-1101
21 55 ILCS 5/5-1103.1 from Ch. 34, par. 5-1103.1
22 55 ILCS 5/5-1108 from Ch. 34, par. 5-1108
23 55 ILCS 5/5-1109 from Ch. 34, par. 5-1109
24 55 ILCS 5/5-1115 from Ch. 34, par. 5-1115
25 55 ILCS 5/5-7001 from Ch. 34, par. 5-7001
26 55 ILCS 5/5-12007 from Ch. 34, par. 5-12007
27 55 ILCS 5/5-12010 from Ch. 34, par. 5-12010
28 55 ILCS 5/5-21001 from Ch. 34, par. 5-21001
29 55 ILCS 5/5-23001 from Ch. 34, par. 5-23001
30 55 ILCS 5/5-23006 from Ch. 34, par. 5-23006
31 55 ILCS 5/5-25003 from Ch. 34, par. 5-25003
32 55 ILCS 5/5-25004 from Ch. 34, par. 5-25004
33 55 ILCS 5/5-25025 from Ch. 34, par. 5-25025
34 55 ILCS 5/5-31004 from Ch. 34, par. 5-31004
-270- LRB9109070DJcd
1 55 ILCS 5/5-37001 from Ch. 34, par. 5-37001
2 55 ILCS 5/6-2001 from Ch. 34, par. 6-2001
3 55 ILCS 5/6-3005 from Ch. 34, par. 6-3005
4 55 ILCS 5/6-21002 from Ch. 34, par. 6-21002
5 55 ILCS 5/6-29002 from Ch. 34, par. 6-29002
6 55 ILCS 75/5 from Ch. 23, par. 2685
7 60 ILCS 1/30-150
8 60 ILCS 1/30-155
9 60 ILCS 1/30-160
10 60 ILCS 1/120-15
11 60 ILCS 1/120-20
12 60 ILCS 1/230-5
13 60 ILCS 1/265-5
14 65 ILCS 5/2-2-5 from Ch. 24, par. 2-2-5
15 65 ILCS 5/2-2-14 from Ch. 24, par. 2-2-14
16 65 ILCS 5/2-3-18 from Ch. 24, par. 2-3-18
17 65 ILCS 5/9-2-82 from Ch. 24, par. 9-2-82
18 65 ILCS 5/9-2-83 from Ch. 24, par. 9-2-83
19 65 ILCS 5/9-2-84 from Ch. 24, par. 9-2-84
20 65 ILCS 5/9-2-85 from Ch. 24, par. 9-2-85
21 65 ILCS 5/9-2-87 from Ch. 24, par. 9-2-87
22 65 ILCS 5/9-2-88 from Ch. 24, par. 9-2-88
23 65 ILCS 5/9-2-89 from Ch. 24, par. 9-2-89
24 65 ILCS 5/9-2-91 from Ch. 24, par. 9-2-91
25 65 ILCS 5/9-2-92 from Ch. 24, par. 9-2-92
26 65 ILCS 5/11-1-7 from Ch. 24, par. 11-1-7
27 65 ILCS 5/11-4-1 from Ch. 24, par. 11-4-1
28 70 ILCS 5/2.7 from Ch. 15 1/2, par. 68.2g
29 70 ILCS 5/8.10 from Ch. 15 1/2, par. 68.8-10
30 70 ILCS 410/4 from Ch. 96 1/2, par. 7104
31 70 ILCS 705/19a from Ch. 127 1/2, par. 38.2a
32 70 ILCS 705/20a from Ch. 127 1/2, par. 38.3a
33 70 ILCS 810/3 from Ch. 96 1/2, par. 6406
34 70 ILCS 910/4 from Ch. 23, par. 1254
-271- LRB9109070DJcd
1 70 ILCS 1005/12a from Ch. 111 1/2, par. 85.1
2 70 ILCS 1205/3-6b from Ch. 105, par. 3-6b
3 70 ILCS 1205/3-6d from Ch. 105, par. 3-6d
4 70 ILCS 1205/8-1 from Ch. 105, par. 8-1
5 70 ILCS 1835/35 from Ch. 19, par. 735
6 70 ILCS 3720/2 from Ch. 111 2/3, par. 252
7 75 ILCS 5/3-7 from Ch. 81, par. 3-7
8 210 ILCS 115/22 from Ch. 111 1/2, par. 732
9 215 ILCS 5/807.1
10 225 ILCS 415/6 from Ch. 111, par. 6206
11 230 ILCS 5/28 from Ch. 8, par. 37-28
12 310 ILCS 10/8.2 from Ch. 67 1/2, par. 8.2
13 310 ILCS 10/8.3a from Ch. 67 1/2, par. 8.3a
14 405 ILCS 30/4.2 from Ch. 91 1/2, par. 904.2
15 410 ILCS 650/11.01 from Ch. 56 1/2, par. 77.01
16 430 ILCS 15/2 from Ch. 127 1/2, par. 154
17 505 ILCS 5/3.07 from Ch. 5, par. 1003.07
18 505 ILCS 45/8 from Ch. 5, par. 248
19 605 ILCS 5/5-601 from Ch. 121, par. 5-601
20 605 ILCS 5/5-602 from Ch. 121, par. 5-602
21 605 ILCS 5/5-603 from Ch. 121, par. 5-603
22 605 ILCS 5/5-605.2 from Ch. 121, par. 5-605.2
23 605 ILCS 5/5-701.9 from Ch. 121, par. 5-701.9
24 605 ILCS 5/5-701.10 from Ch. 121, par. 5-701.10
25 605 ILCS 5/5-701.12 from Ch. 121, par. 5-701.12
26 605 ILCS 5/5-701.16 from Ch. 121, par. 5-701.16
27 605 ILCS 5/6-512 from Ch. 121, par. 6-512
28 605 ILCS 5/9-101.1 from Ch. 121, par. 9-101.1
29 620 ILCS 20/2 from Ch. 15 1/2, par. 602
30 620 ILCS 20/6 from Ch. 15 1/2, par. 606
31 620 ILCS 45/ Act title
32 620 ILCS 45/1 from Ch. 15 1/2, par. 84
33 620 ILCS 45/2 from Ch. 15 1/2, par. 85
34 620 ILCS 50/Act title
-272- LRB9109070DJcd
1 625 ILCS 5/18c-4103 from Ch. 95 1/2, par. 18c-4103
2 625 ILCS 5/18c-4503 from Ch. 95 1/2, par. 18c-4503
3 705 ILCS 130/15
4 705 ILCS 310/3 from Ch. 78, par. 26
5 705 ILCS 310/8 from Ch. 78, par. 31
6 705 ILCS 310/9.2 from Ch. 78, par. 32.2
7 705 ILCS 405/6-1 from Ch. 37, par. 806-1
8 705 ILCS 405/6-3 from Ch. 37, par. 806-3
9 705 ILCS 405/6-4 from Ch. 37, par. 806-4
10 725 ILCS 5/112-3 from Ch. 38, par. 112-3
11 725 ILCS 105/10 from Ch. 38, par. 208-10
12 725 ILCS 215/5 from Ch. 38, par. 1705
13 735 ILCS 5/2-202 from Ch. 110, par. 2-202
14 735 ILCS 5/12-705 from Ch. 110, par. 12-705
15 735 ILCS 5/12-711 from Ch. 110, par. 12-711
16 735 ILCS 5/12-805 from Ch. 110, par. 12-805
17 735 ILCS 5/12-811 from Ch. 110, par. 12-811
18 750 ILCS 5/504 from Ch. 40, par. 504
19 750 ILCS 5/505 from Ch. 40, par. 505
20 750 ILCS 5/508 from Ch. 40, par. 508
21 750 ILCS 5/705 from Ch. 40, par. 705
22 755 ILCS 5/13-1.1 from Ch. 110 1/2, par. 13-1.1
23 755 ILCS 5/13-3 from Ch. 110 1/2, par. 13-3
24 755 ILCS 5/13-3.1 from Ch. 110 1/2, par. 13-3.1
25 755 ILCS 5/13-4 from Ch. 110 1/2, par. 13-4
26 765 ILCS 130/4 from Ch. 54, par. 4
27 765 ILCS 205/2 from Ch. 109, par. 2
28 765 ILCS 605/10 from Ch. 30, par. 310