State of Illinois
91st General Assembly
Legislation

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91_SB0745eng

 
SB745 Engrossed                                LRB9101253EGfg

 1        AN ACT to revise the law by combining multiple enactments
 2    and making technical corrections.

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

 5        Section 1.  Nature of this Act.
 6        (a)  This  Act  may  be  cited  as the First 1999 General
 7    Revisory Act.
 8        (b)  This Act is not intended  to  make  any  substantive
 9    change  in the law.  It reconciles conflicts that have arisen
10    from multiple amendments and enactments and  makes  technical
11    corrections and revisions in the law.
12        This   Act  revises  and,  where  appropriate,  renumbers
13    certain Sections that have been added or amended by more than
14    one Public Act.  In certain cases in which a repealed Act  or
15    Section  has  been  replaced  with  a successor law, this Act
16    incorporates amendments to the repealed Act or  Section  into
17    the  successor  law.   This Act also corrects errors, revises
18    cross-references, and deletes obsolete text.
19        (c)  In this Act,  the  reference  at  the  end  of  each
20    amended  Section indicates the sources in the Session Laws of
21    Illinois that were used in the preparation  of  the  text  of
22    that  Section.   The text of the Section included in this Act
23    is intended to include the different versions of the  Section
24    found in the Public Acts included in the list of sources, but
25    may  not include other versions of the Section to be found in
26    Public Acts not included in the list of sources.  The list of
27    sources is not a part of the text of the Section.
28        (d)  Public Acts 90-567 through 90-810 were considered in
29    the preparation of the combining revisories included in  this
30    Act.   Many of those combining revisories contain no striking
31    or underscoring because no additional changes are being  made
32    in the material that is being combined.
 
SB745 Engrossed             -2-                LRB9101253EGfg
 1        Section  5.   The  Regulatory  Sunset  Act  is amended by
 2    changing Section 4.18 as follows:

 3        (5 ILCS 80/4.18)
 4        Sec. 4.18.  Acts repealed January 1, 2008.  The following
 5    Acts are repealed on January 1, 2008:
 6        The Acupuncture Practice Act.
 7        The Clinical Social Work and Social Work Practice Act.
 8        The Home Medical Equipment and Services Provider  License
 9    Act.
10        The Illinois Nursing and Advanced Practice Nursing Act of
11    1987.
12        The Illinois Petroleum Education and Marketing Act.
13        The  Illinois  Speech-Language  Pathology  and  Audiology
14    Practice Act.
15        The Marriage and Family Therapy Licensing Act.
16        The    Nursing    Home   Administrators   Licensing   and
17    Disciplinary Act.
18        The Pharmacy Practice Act of 1987.
19        The Physician Assistant Practice Act of 1987.
20        The Podiatric Medical Practice Act of 1987.
21        The Real Estate Appraiser Licensing Act.
22    (Source: P.A. 89-706, eff.  1-31-97;  90-61,  eff.  12-30-97;
23    90-69,   eff.   7-8-97;  90-76,  eff.  7-8-97;  90-150,  eff.
24    12-30-97; 90-248, eff. 1-1-98; 90-532, eff. 11-14-97; 90-571,
25    eff. 7-1-98; incorporates 90-614, eff. 7-10-98;  90-655,  eff
26    7-30-98; revised 9-23-98.)

27        (5 ILCS 80/4.19 rep.)
28        Section  5.1.   The  Regulatory  Sunset Act is amended by
29    repealing Section 4.19 as added by Public Act 90-614.

30        Section 6.  The Illinois Administrative Procedure Act  is
31    amended by changing Sections 5-45 and 5-100 as follows:
 
SB745 Engrossed             -3-                LRB9101253EGfg
 1        (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
 2        Sec. 5-45.  Emergency rulemaking.
 3        (a)  "Emergency"  means  the  existence  of any situation
 4    that any agency finds reasonably constitutes a threat to  the
 5    public interest, safety, or welfare.
 6        (b)  If  any  agency  finds that an emergency exists that
 7    requires adoption of a rule upon fewer days than is  required
 8    by  Section  5-40  and states in writing its reasons for that
 9    finding, the agency may adopt an emergency rule without prior
10    notice  or  hearing  upon  filing  a  notice   of   emergency
11    rulemaking  with  the  Secretary of State under Section 5-70.
12    The notice shall include the text of the emergency  rule  and
13    shall  be published in the Illinois Register.  Consent orders
14    or other court orders adopting settlements negotiated  by  an
15    agency  may  be  adopted  under  this  Section.   Subject  to
16    applicable   constitutional   or   statutory  provisions,  an
17    emergency rule  becomes  effective  immediately  upon  filing
18    under  Section  5-65  or  at a stated date less than 10  days
19    thereafter.  The agency's finding  and  a  statement  of  the
20    specific  reasons  for  the  finding  shall be filed with the
21    rule.  The  agency  shall  take  reasonable  and  appropriate
22    measures to make emergency rules known to the persons who may
23    be affected by them.
24        (c)  An  emergency  rule may be effective for a period of
25    not longer than 150 days, but the agency's authority to adopt
26    an identical rule under Section 5-40 is  not  precluded.   No
27    emergency  rule may be adopted more than once in any 24 month
28    period,  except  that  this  limitation  on  the  number   of
29    emergency rules that may be adopted in a 24 month period does
30    not  apply  to (i) emergency rules that make additions to and
31    deletions from the Drug Manual under Section  5-5.16  of  the
32    Illinois  Public Aid Code or the generic drug formulary under
33    Section 3.14 of the Illinois Food, Drug and Cosmetic  Act  or
34    (ii)  emergency  rules adopted by the Pollution Control Board
 
SB745 Engrossed             -4-                LRB9101253EGfg
 1    before July 1, 1997 to implement portions  of  the  Livestock
 2    Management  Facilities  Act.   Two  or  more  emergency rules
 3    having substantially the same purpose  and  effect  shall  be
 4    deemed to be a single rule for purposes of this Section.
 5        (d)  In  order  to provide for the expeditious and timely
 6    implementation  of  the  State's  fiscal  year  1999  budget,
 7    emergency rules to implement  any  provision  of  Public  Act
 8    90-587  or  90-588  this  amendatory Act of 1998 or any other
 9    budget initiative for fiscal year  1999  may  be  adopted  in
10    accordance  with  this  Section  by  the  agency charged with
11    administering that provision or initiative, except  that  the
12    24-month  limitation  on  the adoption of emergency rules and
13    the provisions of Sections 5-115 and 5-125 do  not  apply  to
14    rules  adopted  under  this  subsection (d).  The adoption of
15    emergency rules authorized by this subsection  (d)  shall  be
16    deemed  to  be necessary for the public interest, safety, and
17    welfare.
18    (Source:  P.A.  89-714,  eff.  2-21-97;  90-9,  eff.  7-1-97;
19    90-587, eff. 7-1-98; 90-588, eff. 7-1-98; revised 9-16-98.)

20        (5 ILCS 100/5-80) (from Ch. 127, par. 1005-80)
21        Sec. 5-80. Publication of rules.
22        (a)  The Secretary of State shall, by rule,  prescribe  a
23    uniform  system for the codification of rules.  The Secretary
24    of State shall  also,  by  rule,  establish  a  schedule  for
25    compliance   with   the  uniform  codification  system.   The
26    Secretary of State shall not adopt any codification system or
27    schedule under this subsection without the  approval  of  the
28    Joint  Committee  on  Administrative  Rules.  Approval by the
29    Joint Committee shall be conditioned solely upon establishing
30    that  the  proposed  codification  system  and  schedule  are
31    compatible with existing electronic data processing equipment
32    and programs maintained by  and  for  the  General  Assembly.
33    Nothing  in  this  Section  shall  prohibit  an  agency  from
 
SB745 Engrossed             -5-                LRB9101253EGfg
 1    adopting  rules  in  compliance  with the codification system
 2    earlier than specified in the schedule.
 3        (b)  Each  rule   proposed   in   compliance   with   the
 4    codification  system  shall  be  reviewed by the Secretary of
 5    State before the expiration of the public notice period under
 6    subsection (b) of Section 5-40.  The Secretary of State shall
 7    cooperate with agencies in the Secretary of State's review to
 8    insure that the  purposes  of  the  codification  system  are
 9    accomplished. The Secretary of State shall have the authority
10    to  make changes in the numbering and location of the rule in
11    the codification scheme if those changes do  not  affect  the
12    meaning  of  the rules.  The Secretary of State may recommend
13    changes in the sectioning and headings proposed by the agency
14    and suggest grammatical  and  technical  changes  to  correct
15    errors.  The  Secretary of State may add notes concerning the
16    statutory authority, dates proposed and  adopted,  and  other
17    similar  notes to the text of the rules, if the notes are not
18    supplied by the agency.  This  review  by  the  Secretary  of
19    State  shall be for the purpose of insuring the uniformity of
20    and compliance with the codification system.   The  Secretary
21    of State shall prepare indexes by agency, subject matter, and
22    statutory  authority and any other necessary indexes, tables,
23    and other aids for locating rules to assist the public in the
24    use of the Code.
25        (c)  The Secretary of State shall make available  to  the
26    agency and the Joint Committee on Administrative Rules copies
27    of  the  changes in the numbering and location of the rule in
28    the codification  scheme,  the  recommended  changes  in  the
29    sectioning  and headings, and the suggestions made concerning
30    the correction of grammatical and technical errors  or  other
31    suggested  changes.  The  agency,  in  the notice required by
32    subsection (c) of Section 5-40, shall provide  to  the  Joint
33    Committee  a response to the recommendations of the Secretary
34    of  State  including  any  reasons  for  not   adopting   the
 
SB745 Engrossed             -6-                LRB9101253EGfg
 1    recommendations.
 2        (d)  If   a   reorganization  of  agencies,  transfer  of
 3    functions between agencies, or  abolishment  of  agencies  by
 4    executive  order  or  law  affects  rules  on  file  with the
 5    Secretary of State, the Secretary of State shall  notify  the
 6    Governor,  the Attorney General, and the agencies involved of
 7    the effects upon the rules on file.  If the Governor  or  the
 8    agencies  involved do not respond to the Secretary of State's
 9    notice within 45 days by instructing the Secretary  of  State
10    to  delete  or transfer the rules, the Secretary of State may
11    delete or place the rules under the  appropriate  agency  for
12    the  purpose  of insuring the consistency of the codification
13    scheme and shall notify the Governor, the  Attorney  General,
14    and the agencies involved.
15        (e)  (Blank).
16        (f)  The   Secretary  of  State  shall  ensure  that  the
17    Illinois Administrative Code is published and made  available
18    to  the  public  in a form that is updated at least annually.
19    The Code shall contain the complete text of all rules of  all
20    State   agencies   filed  with  the  Secretary's  office  and
21    effective on October 1,  1984,  or  later  and  the  indexes,
22    tables,  and  other  aids  for locating rules prepared by the
23    Secretary of State. The Secretary of State shall  design  the
24    Illinois  Register  to supplement the Code.  The Secretary of
25    State shall ensure that copies of the Illinois  Register  are
26    available   to  the  public  and  governmental  entities  and
27    agencies.
28        If the Secretary of State determines that the Secretary's
29    office will publish and distribute either the Register or the
30    Code, the Secretary shall make copies available to the public
31    at a reasonable fee, established by the  Secretary  by  rule,
32    and  shall make copies available to governmental entities and
33    agencies at a price covering publication  and  mailing  costs
34    only.
 
SB745 Engrossed             -7-                LRB9101253EGfg
 1        The  Secretary  of  State  shall  make the electronically
 2    stored  database  of  the  Illinois  Register  and  the  Code
 3    available in accordance with this Section and Section 5.08 of
 4    the Legislative Information System Act.
 5        (g)  The publication of a rule in  the  Code  or  in  the
 6    Illinois  Register  as  an  adopted  rule  shall  establish a
 7    rebuttable presumption that the rule was duly filed and  that
 8    the  text of the rule as published in the Code is the text of
 9    the rule as adopted. Publication of the text of a rule in any
10    other location whether by the agency  or  some  other  person
11    shall  not  be  taken  as  establishing  such  a presumption.
12    Judicial or official notice shall be taken  of  the  text  of
13    each rule published in the Code or Register.
14        (h)  The  codification  system,  the indexes, tables, and
15    other aids for locating rules prepared by  the  Secretary  of
16    State,  notes,  and  other  materials  developed  under  this
17    Section  in  connection  with the publication of the Illinois
18    Administrative Code and the Illinois Register  shall  be  the
19    official compilations of the administrative rules of Illinois
20    and  shall  be  entirely in the public domain for purposes of
21    federal copyright law.
22        (i)  The Legislative Information System shall maintain on
23    its electronic data processing equipment the complete text of
24    the  Illinois  Register  and  Illinois  Administrative   Code
25    created   in  compliance  with  this  Act.   This  electronic
26    information  shall  be  made  available  for   use   in   the
27    publication   of   the   Illinois   Register   and   Illinois
28    Administrative   Code  by  the  Secretary  of  State  if  the
29    Secretary determines  that  his  office  will  publish  these
30    materials as authorized by subsection (f).
31        (j)  The    Legislative    Information    System,    upon
32    consultation with the Joint Committee on Administrative Rules
33    and  the  Secretary  of  State, shall make the electronically
34    stored database of the Illinois  Register  and  the  Illinois
 
SB745 Engrossed             -8-                LRB9101253EGfg
 1    Administrative  Code  available  in  an electronically stored
 2    medium to those who request it.  The Legislative  Information
 3    System  shall  establish  and  charge  a  reasonable  fee for
 4    providing the electronic information.  Amounts received under
 5    this Section shall be deposited  into  the  General  Assembly
 6    Computer Equipment Revolving Fund.
 7    (Source: P.A. 87-823; 88-535; revised 10-31-98.)

 8        Section  7.  The Freedom of Information Act is amended by
 9    changing Section 7 as follows:

10        (5 ILCS 140/7) (from Ch. 116, par. 207)
11        Sec. 7.  Exemptions.
12        (1)  The following shall be exempt  from  inspection  and
13    copying:
14             (a)  Information    specifically   prohibited   from
15        disclosure  by  federal  or  State  law  or   rules   and
16        regulations adopted under federal or State law.
17             (b)  Information    that,    if   disclosed,   would
18        constitute a clearly  unwarranted  invasion  of  personal
19        privacy, unless the disclosure is consented to in writing
20        by  the  individual  subjects  of  the  information.  The
21        disclosure of information that bears on the public duties
22        of public employees and officials shall not be considered
23        an invasion of personal  privacy.   Information  exempted
24        under  this  subsection  (b)  shall  include  but  is not
25        limited to:
26                  (i)  files and personal information  maintained
27             with   respect   to  clients,  patients,  residents,
28             students  or  other  individuals  receiving  social,
29             medical,   educational,    vocational,    financial,
30             supervisory  or  custodial care or services directly
31             or  indirectly  from  federal  agencies  or   public
32             bodies;
 
SB745 Engrossed             -9-                LRB9101253EGfg
 1                  (ii)  personnel  files and personal information
 2             maintained with respect to employees, appointees  or
 3             elected  officials  of any public body or applicants
 4             for those positions;
 5                  (iii)  files    and    personal     information
 6             maintained with respect to any applicant, registrant
 7             or  licensee  by any public body cooperating with or
 8             engaged    in    professional    or     occupational
 9             registration, licensure or discipline;
10                  (iv)  information  required  of any taxpayer in
11             connection with the assessment or collection of  any
12             tax unless disclosure is otherwise required by State
13             statute; and
14                  (v)  information   revealing  the  identity  of
15             persons  who  file  complaints   with   or   provide
16             information  to  administrative,  investigative, law
17             enforcement or penal  agencies;  provided,  however,
18             that   identification   of   witnesses   to  traffic
19             accidents,  traffic  accident  reports,  and  rescue
20             reports  may  be  provided  by  agencies  of   local
21             government,  except  in  a case for which a criminal
22             investigation is  ongoing,  without  constituting  a
23             clearly  unwarranted   per  se  invasion of personal
24             privacy under this subsection.
25             (c)  Records  compiled  by  any  public   body   for
26        administrative   enforcement   proceedings  and  any  law
27        enforcement or correctional agency  for  law  enforcement
28        purposes  or  for  internal matters of a public body, but
29        only to the extent that disclosure would:
30                  (i)  interfere with  pending  or  actually  and
31             reasonably  contemplated law enforcement proceedings
32             conducted by any  law  enforcement  or  correctional
33             agency;
34                  (ii)  interfere   with  pending  administrative
 
SB745 Engrossed             -10-               LRB9101253EGfg
 1             enforcement  proceedings  conducted  by  any  public
 2             body;
 3                  (iii)  deprive a person of a fair trial  or  an
 4             impartial hearing;
 5                  (iv)  unavoidably  disclose  the  identity of a
 6             confidential  source  or  confidential   information
 7             furnished only by the confidential source;
 8                  (v)  disclose     unique     or     specialized
 9             investigative  techniques other than those generally
10             used and known or  disclose  internal  documents  of
11             correctional    agencies   related   to   detection,
12             observation or investigation of incidents  of  crime
13             or misconduct;
14                  (vi)  constitute   an   invasion   of  personal
15             privacy under subsection (b) of this Section;
16                  (vii)  endanger the life or physical safety  of
17             law enforcement personnel or any other person; or
18                  (viii)  obstruct     an     ongoing    criminal
19             investigation.
20             (d)  Criminal history record information  maintained
21        by  State  or local criminal justice agencies, except the
22        following which shall be open for public  inspection  and
23        copying:
24                  (i)  chronologically      maintained     arrest
25             information, such  as  traditional  arrest  logs  or
26             blotters;
27                  (ii)  the  name of a person in the custody of a
28             law enforcement agency and  the  charges  for  which
29             that person is being held;
30                  (iii)  court records that are public;
31                  (iv)  records   that  are  otherwise  available
32             under State or local law; or
33                  (v)  records in which the requesting  party  is
34             the  individual identified, except as provided under
 
SB745 Engrossed             -11-               LRB9101253EGfg
 1             part (vii) of paragraph (c)  of  subsection  (1)  of
 2             this Section.
 3             "Criminal  history  record  information"  means data
 4        identifiable  to  an   individual   and   consisting   of
 5        descriptions   or   notations   of  arrests,  detentions,
 6        indictments, informations, pre-trial proceedings, trials,
 7        or other formal events in the criminal justice system  or
 8        descriptions  or notations of criminal charges (including
 9        criminal violations of local  municipal  ordinances)  and
10        the   nature   of   any  disposition  arising  therefrom,
11        including sentencing, court or correctional  supervision,
12        rehabilitation  and  release.  The term does not apply to
13        statistical records and reports in which individuals  are
14        not  identified  and  from which their identities are not
15        ascertainable, or to information  that  is  for  criminal
16        investigative or intelligence purposes.
17             (e)  Records  that  relate to or affect the security
18        of correctional institutions and detention facilities.
19             (f)  Preliminary  drafts,  notes,   recommendations,
20        memoranda   and  other  records  in  which  opinions  are
21        expressed, or policies or actions are formulated,  except
22        that  a  specific  record or relevant portion of a record
23        shall not be exempt when the record is publicly cited and
24        identified by the head of the public body. The  exemption
25        provided  in  this  paragraph  (f)  extends  to all those
26        records of officers and agencies of the General  Assembly
27        that pertain to the preparation of legislative documents.
28             (g)  Trade   secrets  and  commercial  or  financial
29        information obtained from a person or business where  the
30        trade  secrets or information are proprietary, privileged
31        or confidential, or where disclosure of the trade secrets
32        or information may cause competitive harm, including  all
33        information  determined  to be confidential under Section
34        4002 of the Technology Advancement and  Development  Act.
 
SB745 Engrossed             -12-               LRB9101253EGfg
 1        Nothing   contained   in  this  paragraph  (g)  shall  be
 2        construed to prevent a person or business from consenting
 3        to disclosure.
 4             (h)  Proposals and bids for any contract, grant,  or
 5        agreement,   including   information  which  if  it  were
 6        disclosed  would  frustrate  procurement   or   give   an
 7        advantage  to  any  person  proposing  to  enter  into  a
 8        contractor  agreement  with  the  body, until an award or
 9        final selection is made.  Information prepared by or  for
10        the  body  in  preparation of a bid solicitation shall be
11        exempt until an award or final selection is made.
12             (i)  Valuable  formulae,   designs,   drawings   and
13        research  data  obtained  or  produced by any public body
14        when disclosure could reasonably be expected  to  produce
15        private gain or public loss.
16             (j)  Test   questions,   scoring   keys   and  other
17        examination  data  used   to   administer   an   academic
18        examination   or  determined  the  qualifications  of  an
19        applicant for a license or employment.
20             (k)  Architects'  plans  and  engineers'   technical
21        submissions  for projects not constructed or developed in
22        whole or in part  with  public  funds  and  for  projects
23        constructed or developed with public funds, to the extent
24        that disclosure would compromise security.
25             (l)  Library    circulation    and   order   records
26        identifying library users with specific materials.
27             (m)  Minutes of meetings of public bodies closed  to
28        the public as provided in the Open Meetings Act until the
29        public  body  makes  the  minutes available to the public
30        under Section 2.06 of the Open Meetings Act.
31             (n)  Communications between a  public  body  and  an
32        attorney  or  auditor  representing  the public body that
33        would not be subject  to  discovery  in  litigation,  and
34        materials prepared or compiled by or for a public body in
 
SB745 Engrossed             -13-               LRB9101253EGfg
 1        anticipation  of  a  criminal,  civil  or  administrative
 2        proceeding  upon  the request of an attorney advising the
 3        public body, and  materials  prepared  or  compiled  with
 4        respect to internal audits of public bodies.
 5             (o)  Information  received by a primary or secondary
 6        school, college or university under  its  procedures  for
 7        the  evaluation  of  faculty  members  by  their academic
 8        peers.
 9             (p)  Administrative   or    technical    information
10        associated  with  automated  data  processing operations,
11        including  but  not  limited   to   software,   operating
12        protocols,  computer  program  abstracts,  file  layouts,
13        source  listings,  object  modules,  load  modules,  user
14        guides,  documentation  pertaining  to  all  logical  and
15        physical   design   of   computerized  systems,  employee
16        manuals, and any other information  that,  if  disclosed,
17        would  jeopardize  the security of the system or its data
18        or the security of materials exempt under this Section.
19             (q)  Documents or materials relating  to  collective
20        negotiating  matters  between  public  bodies  and  their
21        employees  or  representatives,  except  that  any  final
22        contract  or agreement shall be subject to inspection and
23        copying.
24             (r)  Drafts, notes,  recommendations  and  memoranda
25        pertaining to the financing and marketing transactions of
26        the  public body. The records of ownership, registration,
27        transfer, and exchange of municipal debt obligations, and
28        of  persons  to  whom  payment  with  respect  to   these
29        obligations is made.
30             (s)  The records, documents and information relating
31        to   real   estate   purchase  negotiations  until  those
32        negotiations have been completed or otherwise terminated.
33        With regard to a parcel involved in a pending or actually
34        and reasonably  contemplated  eminent  domain  proceeding
 
SB745 Engrossed             -14-               LRB9101253EGfg
 1        under  Article  VII  of  the  Code  of  Civil  Procedure,
 2        records,  documents  and  information  relating  to  that
 3        parcel  shall  be  exempt  except as may be allowed under
 4        discovery rules adopted by the  Illinois  Supreme  Court.
 5        The records, documents and information relating to a real
 6        estate sale shall be exempt until a sale is consummated.
 7             (t)  Any and all proprietary information and records
 8        related  to  the  operation  of an intergovernmental risk
 9        management association or self-insurance pool or  jointly
10        self-administered  health  and  accident  cooperative  or
11        pool.
12             (u)  Information     concerning    a    university's
13        adjudication  of  student  or   employee   grievance   or
14        disciplinary  cases,  to the extent that disclosure would
15        reveal the  identity  of  the  student  or  employee  and
16        information  concerning any public body's adjudication of
17        student or employee  grievances  or  disciplinary  cases,
18        except for the final outcome of the cases.
19             (v)  Course  materials or research materials used by
20        faculty members.
21             (w)  Information  related  solely  to  the  internal
22        personnel rules and practices of a public body.
23             (x)  Information  contained   in   or   related   to
24        examination, operating, or condition reports prepared by,
25        on behalf of, or for the use of a public body responsible
26        for   the   regulation   or   supervision   of  financial
27        institutions or insurance companies, unless disclosure is
28        otherwise required by State law.
29             (y)  Information  the   disclosure   of   which   is
30        restricted  under  Section  5-108 of the Public Utilities
31        Act.
32             (z)  Manuals or instruction to staff that relate  to
33        establishment  or  collection  of liability for any State
34        tax or that relate to investigations by a public body  to
 
SB745 Engrossed             -15-               LRB9101253EGfg
 1        determine violation of any criminal law.
 2             (aa)  Applications,  related  documents, and medical
 3        records    received    by    the    Experimental    Organ
 4        Transplantation  Procedures  Board  and   any   and   all
 5        documents  or  other records prepared by the Experimental
 6        Organ  Transplantation  Procedures  Board  or  its  staff
 7        relating to applications it has received.
 8             (bb)  Insurance or  self  insurance  (including  any
 9        intergovernmental  risk  management  association  or self
10        insurance  pool)  claims,   loss   or   risk   management
11        information, records, data, advice or communications.
12             (cc)  Information and records held by the Department
13        of  Public  Health  and  its  authorized  representatives
14        relating   to   known  or  suspected  cases  of  sexually
15        transmissible disease or any information  the  disclosure
16        of  which  is  restricted  under  the  Illinois  Sexually
17        Transmissible Disease Control Act.
18             (dd)  Information   the   disclosure   of  which  is
19        exempted under Section 30 of the Radon Industry Licensing
20        Act.
21             (ee)  Firm performance evaluations under Section  55
22        of  the  Architectural,  Engineering,  and Land Surveying
23        Qualifications Based Selection Act.
24             (ff)  Security portions  of  system  safety  program
25        plans,  investigation reports, surveys, schedules, lists,
26        data, or information compiled, collected, or prepared  by
27        or   for  the  Regional  Transportation  Authority  under
28        Section 2.11 of the Regional Transportation Authority Act
29        or the State  of  Missouri  under  the  Bi-State  Transit
30        Safety Act.
31             (gg)  Information   the   disclosure   of  which  is
32        restricted and exempted under Section 50 of the  Illinois
33        Prepaid Tuition Act.
34             (hh)  Information   the   disclosure   of  which  is
 
SB745 Engrossed             -16-               LRB9101253EGfg
 1        exempted under Section 80 of the State Gift Ban Act.
 2             (ii)  Beginning July 1, 1999, (hh) information  that
 3        would  disclose or might lead to the disclosure of secret
 4        or confidential information, codes, algorithms, programs,
 5        or private keys intended to be used to create  electronic
 6        or  digital  signatures  under  the  Electronic  Commerce
 7        Security Act.
 8        (2)  This  Section  does  not  authorize  withholding  of
 9    information  or  limit  the  availability  of  records to the
10    public,  except  as  stated  in  this  Section  or  otherwise
11    provided in this Act.
12    (Source: P.A. 90-262, eff.  7-30-97;  90-273,  eff.  7-30-97;
13    90-546,  eff.  12-1-97;  90-655,  eff.  7-30-98; 90-737, eff.
14    1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.)

15        Section 8.  The Illinois Notary Public Act is amended  by
16    changing Sections 2-104 and 3-106 as follows:

17        (5 ILCS 312/2-104) (from Ch. 102, par. 202-104)
18        Sec.  2-104.  Oath.   Every applicant for appointment and
19    commission as a notary public shall take the  following  oath
20    in  the  presence of a person qualified to administer an oath
21    in this State:
22        "I, (name  of  applicant),  solemnly  affirm,  under  the
23    penalty of perjury, that the answers to all questions in this
24    application  are  true,  complete,  and  correct; that I have
25    carefully read the notary law of this  State;  and  that,  if
26    appointed and commissioned as a notary public, I will perform
27    faithfully,  to  the best of my ability, all notarial acts in
28    accordance with the law.
29        ................. (Signature of applicant)
30        Subscribed and affirmed before me on (insert date).  this
31    ____ day of ____, 19__.
32        ................... (Official signature and official seal
 
SB745 Engrossed             -17-               LRB9101253EGfg
 1    of notary)".
 2    (Source: P.A. 84-322; revised 10-20-98.)

 3        (5 ILCS 312/3-106) (from Ch. 102, par. 203-106)
 4        Sec.  3-106.  Certificate of Authority.  Upon the receipt
 5    of a written request, the notarized document, and a fee of $2
 6    payable to the Secretary of State or County Clerk, the Office
 7    of the Secretary of State or County  Clerk  shall  provide  a
 8    certificate of authority in substantially the following form:
 9        I ............... (Secretary of State or ......... County
10    Clerk) of the State of Illinois, which office is an office of
11    record  having a seal, certify that ........ (notary's name),
12    by whom the foregoing or annexed document was notarized, was,
13    on (insert date), the ____ day of ____, 19__,  appointed  and
14    commissioned a notary public in and for the State of Illinois
15    and  that  as  such, full faith and credit is and ought to be
16    given to this notary's official attestations.   In  testimony
17    whereof,  I  have  affixed  my signature and the seal of this
18    office on (insert date). this ____ day of ____, 19__.
19    ................................................
20    (Secretary of State or ...... County Clerk).
21    (Source: P.A. 84-322; revised 10-20-98.)

22        Section 9.  The Voluntary Payroll Deductions Act of  1983
23    is amended by changing Sections 3 and 7 as follows:

24        (5 ILCS 340/3) (from Ch. 15, par. 503)
25        Sec.  3.  Definitions.  As  used  in  this Act unless the
26    context otherwise requires:
27        (a)  "Employee" means any regular officer or employee who
28    receives salary or wages for personal  services  rendered  to
29    the State of Illinois.
30        (b)  "Qualified   organization"   means  an  organization
31    representing  one  or   more   benefiting   agencies,   which
 
SB745 Engrossed             -18-               LRB9101253EGfg
 1    organization  is  designated  by  the  State  Comptroller  as
 2    qualified  to  receive payroll deductions under this Act.  An
 3    organization  desiring  to  be  designated  as  a   qualified
 4    organization shall:
 5             (1)  Submit  written  designations on forms approved
 6        by the State Comptroller by 4,000 or more  employees,  in
 7        which  such  employees  indicate that the organization is
 8        one  for  which  the  employee   intends   to   authorize
 9        withholding.  The  forms  shall  require the name, social
10        security number, and  employing  State  agency  for  each
11        employee.  Upon notification by the Comptroller that such
12        forms  have been approved, the organization shall, within
13        30 days, notify in writing the Governor or  his  designee
14        of  its  intention  to  obtain  the  required  number  of
15        designations.   Such  organization  shall  have 12 months
16        from that date, to obtain the necessary designations. The
17        signed forms and signatures on the forms shall be subject
18        to verification by the State Comptroller;
19             (2)  Certify that all benefiting  agencies  are  tax
20        exempt  under  Section  501(c)(3) of the Internal Revenue
21        Code;
22             (3)  Certify that all  benefiting  agencies  are  in
23        compliance with the Illinois Human Rights Act;
24             (4)  Certify  that  all  benefiting  agencies are in
25        compliance  with  the  Charitable  Trust  Act   and   the
26        Solicitation for Charity Act;
27             (5)  Certify  that  all benefiting agencies actively
28        conduct health or welfare programs and  provide  services
29        to  individuals  directed at one or more of the following
30        common human needs within a community: service, research,
31        and education in the health fields; family and child care
32        services; protective services for  children  and  adults;
33        services for children and adults in foster care; services
34        related  to  the  management and maintenance of the home;
 
SB745 Engrossed             -19-               LRB9101253EGfg
 1        day care services for  adults;  transportation  services;
 2        information,  referral  and counseling services; services
 3        to eliminate illiteracy; the preparation and delivery  of
 4        meals;  adoption  services;  emergency  shelter  care and
 5        relief  services;  disaster   relief   services;   safety
 6        services;   neighborhood   and   community   organization
 7        services;  recreation  services;  social  adjustment  and
 8        rehabilitation  services;  health  support services; or a
 9        combination of such services designed to meet the special
10        needs of specific groups, such as children and youth, the
11        ill and infirm, and the physically handicapped; and  that
12        all  such benefiting agencies provide the above described
13        services  to  individuals  and  their  families  in   the
14        community  and surrounding area in which the organization
15        conducts its fund drive, or that such benefiting agencies
16        provide relief to victims of natural disasters and  other
17        emergencies on a where and as needed basis;
18             (6)  Certify that the organization has disclosed the
19        percentage of the organization's total collected receipts
20        from  employees  that  are  distributed to the benefiting
21        agencies and the percentage of the  organization's  total
22        collected  receipts  from employees that are expended for
23        fund-raising and overhead costs.  These percentages shall
24        be the same percentage figures annually disclosed by  the
25        organization  to  the  Attorney  General.  The disclosure
26        shall be made to all solicited employees and shall be  in
27        the  form  of a factual statement on all petitions and in
28        the campaign's employee brochure;
29             (7)  Certify that all benefiting agencies  receiving
30        funds  which the employee has requested or designated for
31        distribution to a particular  community  and  surrounding
32        area  use  a  majority  of  such  funds  distributed  for
33        services  in  the  actual  provision  of services in that
34        community and surrounding area;
 
SB745 Engrossed             -20-               LRB9101253EGfg
 1             (8)  Certify  that  neither  it   nor   its   member
 2        organizations    will   solicit   State   employees   for
 3        contributions at their workplace, except pursuant to this
 4        Act and the rules promulgated thereunder.  Each qualified
 5        organization, and  each  participating  United  Fund,  is
 6        encouraged  to  cooperate  with  all  others and with all
 7        State agencies and  educational  institutions  so  as  to
 8        simplify   procedures,  to  resolve  differences  and  to
 9        minimize costs;
10             (9)  Certify that it  will  pay  its  share  of  the
11        campaign  costs and will comply with the Code of Campaign
12        Conduct as approved by the Governor or  other  agency  as
13        designated by the Governor;
14             (10)  Certify that it maintains a year-round office,
15        the  telephone  number,  and  person  responsible for the
16        operations  of  the  organization   in   Illinois.   That
17        information shall be provided to the State Comptroller at
18        the  time the organization is seeking participation under
19        this Act; and
20             (11)  Provide (i) an annual  audit,  in  conformance
21        with generally accepted accounting procedures and current
22        to   within   12  months  of  the  organization's  fiscal
23        year-end, (ii) Internal Revenue Service Form 990 covering
24        the same period as the  submitted  audit,  and  (iii)  an
25        annual  report  of the organization's activities, current
26        to within 12 months of the organization's fiscal year. If
27        a  qualifying  organization  represents  more  than   one
28        benefiting   agency,  it  shall  also  certify  that  the
29        documentation required by this paragraph is on  file  for
30        those  agencies. The Comptroller is authorized to request
31        documentation of the qualifying organization for  any  or
32        all  of the benefiting agencies upon written request. The
33        qualifying organization shall have 10  business  days  to
34        respond after it receives the request.
 
SB745 Engrossed             -21-               LRB9101253EGfg
 1        Each  qualified  organization  shall  submit to the State
 2    Comptroller between January 1 and March 1  of  each  year,  a
 3    statement  that the organization is in compliance with all of
 4    the requirements set forth in paragraphs  (2)  through  (11).
 5    The  State  Comptroller  shall  exclude any organization that
 6    fails to submit the  statement  from  the  next  solicitation
 7    period.
 8        In  order  to  be designated as a qualified organization,
 9    the organization shall have existed at least 2 years prior to
10    submitting  the  written  designation   forms   required   in
11    paragraph (1) and shall certify to the State Comptroller that
12    such  organization  has  been providing services described in
13    paragraph  (5)  in  Illinois.  If  the  organization  seeking
14    designation represents more than one  benefiting  agency,  it
15    need  not  have  existed for 2 years but shall certify to the
16    State Comptroller that each of its  benefiting  agencies  has
17    existed  for at least 2 years prior to submitting the written
18    designation forms required in paragraph (1) and that each has
19    been  providing  services  described  in  paragraph  (5)   in
20    Illinois.
21        Organizations which have met the requirements of this Act
22    shall   be   permitted   to  participate  in  the  State  and
23    Universities Combined Appeal as of January 1st  of  the  year
24    immediately following their approval by the Comptroller.
25        Where  the  certifications  described  in paragraphs (2),
26    (3), (4), (5), (6), (7), (8), (9), (10), and (11) 2, 3, 4, 5,
27    6, 7, 8, 9, 10, and 11 above  are  made  by  an  organization
28    representing  more  than  one benefiting agency they shall be
29    based  upon  the  knowledge  and  belief  of  such  qualified
30    organization. Any qualified  organization  shall  immediately
31    notify  the  State  Comptroller  in  writing if the qualified
32    organization receives information or otherwise believes  that
33    a  benefiting  agency  is  no  longer  in compliance with the
34    certification of the qualified  organization.    A  qualified
 
SB745 Engrossed             -22-               LRB9101253EGfg
 1    organization  representing  more  than  one benefiting agency
 2    shall thereafter withhold and refrain  from  distributing  to
 3    such  benefiting agency those funds received pursuant to this
 4    Act until the benefiting agency is again in  compliance  with
 5    the  qualified  organization's  certification.  The qualified
 6    organization shall immediately notify the  State  Comptroller
 7    of  the  benefiting  agency's  resumed  compliance  with  the
 8    certification,   based   upon  the  qualified  organization's
 9    knowledge and belief, and shall pay over  to  the  benefiting
10    agency those funds previously withheld.
11        The  Comptroller  shall, by February 1st of each year, so
12    notify any qualified organization that failed to  receive  at
13    least  500  payroll deduction pledges during each immediately
14    preceding solicitation period as set forth in Section 6.  The
15    notification shall give  such  qualified  organization  until
16    March  1st to provide the Comptroller with documentation that
17    the 500 deduction requirement has been met.  On the basis  of
18    all  the  documentation, the Comptroller shall, by March 15th
19    of each year, submit to the Governor or his designee, or such
20    other agency as may be determined by the Governor, a list  of
21    all  organizations  which  have met the 500 payroll deduction
22    requirement.  Only those organizations which  have  met  such
23    requirements,  as  well  as  the  other  requirements of this
24    Section, shall be permitted to solicit  State  employees  for
25    voluntary contributions and the Comptroller shall discontinue
26    withholding  for  any  such  organization which fails to meet
27    these requirements.
28        (c)  "United Fund" means the organization conducting  the
29    single,  annual,  consolidated  effort  to  secure  funds for
30    distribution to agencies engaged  in  charitable  and  public
31    health,  welfare  and  services  purposes,  which is commonly
32    known as the United Fund, or the organization which serves in
33    place of the United Fund organization in communities where an
34    organization known as the United Fund is not organized.
 
SB745 Engrossed             -23-               LRB9101253EGfg
 1        (d)  "State and Universities Employees  Combined  Appeal"
 2    (SECA),  otherwise  known as "SECA", means the State-directed
 3    joint effort of all of the qualified organizations,  together
 4    with  the  United  Funds,  for  the solicitation of voluntary
 5    contributions from State and University employees.
 6        In order for a United Fund to participate  in  the  State
 7    and  Universities  Employees Combined Appeal, it shall comply
 8    with the provisions of Section 3, paragraph (9) of subsection
 9    (b).
10    (Source: P.A. 90-487, eff. 8-17-97; revised 10-31-98.)

11        (5 ILCS 340/7) (from Ch. 15, par. 507)
12        Sec. 7.  Notwithstanding any other provision of this Act,
13    a participating organization or a United Fund may  be  denied
14    participation  in SECA for willful failure to comply with the
15    provisions of paragraph (9) of subsection (b) of Section 3 of
16    this Act.   The  agency  designated  by  the  Governor  under
17    paragraph  (9)  of  subsection  (b)  of Section 3 of this Act
18    shall adopt rules providing for procedures for review by  the
19    agency   of   alleged   violations   of  that  paragraph  and
20    appropriate remedial sanctions for noncompliance.  The  rules
21    shall   include   an   appeal   procedure  for  any  affected
22    participating  organization  or  United  Fund.   The   agency
23    designated  by  the  Governor  shall  notify  the Comptroller
24    immediately of any  final  decision  to  remove  a  qualified
25    organization or United Fund from participation in SECA.
26    (Source: P.A. 87-1053; revised 10-31-98.)

27        Section  9.1.  The State Employees Group Insurance Act of
28    1971 is amended by changing Section 10 as follows:

29        (5 ILCS 375/10) (from Ch. 127, par. 530)
30        Sec. 10. Payments by State; premiums.
31        (a)  The   State   shall   pay   the   cost   of    basic
 
SB745 Engrossed             -24-               LRB9101253EGfg
 1    non-contributory  group life insurance and, subject to member
 2    paid contributions set by the Department or required by  this
 3    Section,  the  basic program of group health benefits on each
 4    eligible member, except a member, not  otherwise  covered  by
 5    this  Act,  who  has  retired as a participating member under
 6    Article 2 of the Illinois Pension Code but is ineligible  for
 7    the  retirement  annuity  under Section 2-119 of the Illinois
 8    Pension Code, and part of each eligible member's and  retired
 9    member's  premiums for health insurance coverage for enrolled
10    dependents as provided by Section 9.  The State shall pay the
11    cost of the basic program of group health benefits only after
12    benefits are reduced by the amount  of  benefits  covered  by
13    Medicare  for all retired members and retired dependents aged
14    65 years or older who are entitled to benefits  under  Social
15    Security  or  the  Railroad  Retirement  system  or  who  had
16    sufficient Medicare-covered government employment except that
17    such  reduction in benefits shall apply only to those retired
18    members or retired dependents who (1) first  become  eligible
19    for  such  Medicare coverage on or after July 1, 1992; or (2)
20    remain eligible for, but no longer receive Medicare  coverage
21    which  they  had been receiving on or after July 1, 1992. The
22    Department may determine the aggregate level of  the  State's
23    contribution  on the basis of actual cost of medical services
24    adjusted for age, sex  or  geographic  or  other  demographic
25    characteristics which affect the costs of such programs.
26        (a-1)  Beginning  January  1,  1998,  for each person who
27    becomes a new SERS annuitant and participates  in  the  basic
28    program  of group health benefits, the State shall contribute
29    toward the cost of the annuitant's coverage under  the  basic
30    program  of  group  health  benefits an amount equal to 5% of
31    that cost for each full year of creditable service upon which
32    the annuitant's retirement annuity is based, up to a  maximum
33    of  100% for an annuitant with 20 or more years of creditable
34    service.  The remainder of the cost of a new SERS annuitant's
 
SB745 Engrossed             -25-               LRB9101253EGfg
 1    coverage under the basic program  of  group  health  benefits
 2    shall be the responsibility of the annuitant.
 3        (a-2)  Beginning  January  1,  1998,  for each person who
 4    becomes a new SERS survivor and  participates  in  the  basic
 5    program  of group health benefits, the State shall contribute
 6    toward the cost of the survivor's coverage  under  the  basic
 7    program  of  group  health  benefits an amount equal to 5% of
 8    that cost for each full year of the  deceased  employee's  or
 9    deceased   annuitant's   creditable   service  in  the  State
10    Employees' Retirement System  of  Illinois  on  the  date  of
11    death,  up to a maximum of 100% for a survivor of an employee
12    or annuitant with 20 or more  years  of  creditable  service.
13    The remainder of the cost of the new SERS survivor's coverage
14    under the basic program of group health benefits shall be the
15    responsibility of the survivor.
16        (a-3)  Beginning  January  1,  1998,  for each person who
17    becomes a new SURS annuitant and participates  in  the  basic
18    program  of group health benefits, the State shall contribute
19    toward the cost of the annuitant's coverage under  the  basic
20    program  of  group  health  benefits an amount equal to 5% of
21    that cost for each full year of creditable service upon which
22    the annuitant's retirement annuity is based, up to a  maximum
23    of  100% for an annuitant with 20 or more years of creditable
24    service.  The remainder of the cost of a new SURS annuitant's
25    coverage under the basic program  of  group  health  benefits
26    shall be the responsibility of the annuitant.
27        (a-4)  Beginning  January  1,  1998,  for each person who
28    becomes a new SURS retired employee and participates  in  the
29    basic  program  of  group  health  benefits,  the State shall
30    contribute toward the cost of the retired employee's coverage
31    under the basic program of group health  benefits  an  amount
32    equal  to 5% of that cost for each full year that the retired
33    employee was an employee as defined in Section  3,  up  to  a
34    maximum  of  100%  for a retired employee who was an employee
 
SB745 Engrossed             -26-               LRB9101253EGfg
 1    for 20 or more years.  The remainder of the  cost  of  a  new
 2    SURS  retired  employee's coverage under the basic program of
 3    group health benefits shall  be  the  responsibility  of  the
 4    retired employee.
 5        (a-5)  Beginning  January  1,  1998,  for each person who
 6    becomes a new SURS survivor and  participates  in  the  basic
 7    program  of group health benefits, the State shall contribute
 8    toward the cost of the survivor's coverage  under  the  basic
 9    program  of  group  health  benefits an amount equal to 5% of
10    that cost for each full year of the  deceased  employee's  or
11    deceased   annuitant's   creditable   service  in  the  State
12    Universities Retirement System on the date of death, up to  a
13    maximum  of  100%  for a survivor of an employee or annuitant
14    with 20 or more years of creditable service.   The  remainder
15    of  the  cost  of  the new SURS survivor's coverage under the
16    basic  program  of  group  health  benefits  shall   be   the
17    responsibility of the survivor.
18        (a-6)  Beginning  July  1,  1998,  for  each  person  who
19    becomes  a  new  TRS  State annuitant and participates in the
20    basic program of  group  health  benefits,  the  State  shall
21    contribute  toward the cost of the annuitant's coverage under
22    the basic program of group health benefits an amount equal to
23    5% of that cost for each full year of creditable service as a
24    teacher as defined in paragraph (2), (3), or (5)  of  Section
25    16-106   of   the   Illinois  Pension  Code  upon  which  the
26    annuitant's retirement annuity is based, up to a  maximum  of
27    100%  for  an  annuitant  with  20  or  more  years  of  such
28    creditable  service.   The remainder of the cost of a new TRS
29    State annuitant's coverage under the basic program  of  group
30    health benefits shall be the responsibility of the annuitant.
31        (a-7)  Beginning  July  1,  1998,  for  each  person  who
32    becomes  a  new  TRS  State  survivor and participates in the
33    basic program of  group  health  benefits,  the  State  shall
34    contribute  toward  the cost of the survivor's coverage under
 
SB745 Engrossed             -27-               LRB9101253EGfg
 1    the basic program of group health benefits an amount equal to
 2    5% of that cost for each full year of the deceased employee's
 3    or deceased annuitant's creditable service as  a  teacher  as
 4    defined  in  paragraph  (2), (3), or (5) of Section 16-106 of
 5    the Illinois Pension Code on the  date  of  death,  up  to  a
 6    maximum  of  100%  for a survivor of an employee or annuitant
 7    with 20 or  more  years  of  such  creditable  service.   The
 8    remainder  of  the  cost  of  the  new  TRS  State survivor's
 9    coverage under the basic program  of  group  health  benefits
10    shall be the responsibility of the survivor.
11        (a-8)  A  new SERS annuitant, new SERS survivor, new SURS
12    annuitant, new SURS retired employee, new SURS survivor,  new
13    TRS  State  annuitant, or new TRS State survivor may waive or
14    terminate coverage in the program of group  health  benefits.
15    Any  such  annuitant,  survivor,  or retired employee who has
16    waived or terminated coverage may enroll or re-enroll in  the
17    program  of  group  health  benefits  only  during the annual
18    benefit choice period, as determined by the Director;  except
19    that   in  the  event  of  termination  of  coverage  due  to
20    nonpayment of premiums, the annuitant, survivor,  or  retired
21    employee may not re-enroll in the program.
22        (a-9)  No  later  than  May  1 of each calendar year, the
23    Director of Central  Management  Services  shall  certify  in
24    writing  to  the  Executive Secretary of the State Employees'
25    Retirement System of Illinois the  amounts  of  the  Medicare
26    supplement health care premiums and the amounts of the health
27    care  premiums  for  all  other retirees who are not Medicare
28    eligible.
29        A separate calculation of the  premiums  based  upon  the
30    actual cost of each health care plan shall be so certified.
31        The Director of Central Management Services shall provide
32    to the Executive Secretary of the State Employees' Retirement
33    System  of  Illinois  such information, statistics, and other
34    data as he or she may require to review the  premium  amounts
 
SB745 Engrossed             -28-               LRB9101253EGfg
 1    certified by the Director of Central Management Services.
 2        (b)  State employees who become eligible for this program
 3    on  or  after January 1, 1980 in positions normally requiring
 4    actual performance of duty not less than 1/2 of a normal work
 5    period but not equal to that of a normal work  period,  shall
 6    be  given  the  option  of  participating  in  the  available
 7    program.  If  the  employee  elects coverage, the State shall
 8    contribute on behalf of such employee  to  the  cost  of  the
 9    employee's  benefit  and any applicable dependent supplement,
10    that sum which bears the same percentage as  that  percentage
11    of  time the employee regularly works when compared to normal
12    work period.
13        (c)  The basic non-contributory coverage from  the  basic
14    program  of group health benefits shall be continued for each
15    employee not in pay status or on active service by reason  of
16    (1) leave of absence due to illness or injury, (2) authorized
17    educational  leave  of  absence  or  sabbatical leave, or (3)
18    military leave with pay and  benefits.  This  coverage  shall
19    continue  until  expiration of authorized leave and return to
20    active service, but not to exceed 24 months for leaves  under
21    item (1) or (2). This 24-month limitation and the requirement
22    of  returning  to  active  service shall not apply to persons
23    receiving  ordinary  or  accidental  disability  benefits  or
24    retirement benefits through the appropriate State  retirement
25    system   or  benefits  under  the  Workers'  Compensation  or
26    Occupational Disease Act.
27        (d)  The  basic  group  life  insurance  coverage   shall
28    continue,  with full State contribution, where such person is
29    (1) absent  from  active  service  by  reason  of  disability
30    arising  from  any  cause  other  than self-inflicted, (2) on
31    authorized educational leave of absence or sabbatical  leave,
32    or (3) on military leave with pay and benefits.
33        (e)  Where  the  person is in non-pay status for a period
34    in excess of 30 days or on leave of absence,  other  than  by
 
SB745 Engrossed             -29-               LRB9101253EGfg
 1    reason  of  disability,  educational  or sabbatical leave, or
 2    military  leave  with  pay  and  benefits,  such  person  may
 3    continue coverage only by making personal  payment  equal  to
 4    the amount normally contributed by the State on such person's
 5    behalf.  Such  payments  and  coverage  may be continued: (1)
 6    until such time as the person returns to  a  status  eligible
 7    for  coverage  at State expense, but not to exceed 24 months,
 8    (2) until such person's employment or annuitant  status  with
 9    the  State  is  terminated,  or (3) for a maximum period of 4
10    years for members on military leave with pay and benefits and
11    military leave without pay and  benefits  (exclusive  of  any
12    additional service imposed pursuant to law).
13        (f)  The  Department  shall  establish by rule the extent
14    to which other employee benefits will continue for persons in
15    non-pay status or who are not in active service.
16        (g)  The State shall  not  pay  the  cost  of  the  basic
17    non-contributory  group  life  insurance,  program  of health
18    benefits and other employee  benefits  for  members  who  are
19    survivors  as defined by paragraphs (1) and (2) of subsection
20    (q) of Section 3 of this Act.   The  costs  of  benefits  for
21    these  survivors  shall  be  paid  by the survivors or by the
22    University of Illinois Cooperative Extension Service, or  any
23    combination thereof.
24        (h)  Those   persons   occupying   positions   with   any
25    department  as a result of emergency appointments pursuant to
26    Section 8b.8 of the Personnel Code  who  are  not  considered
27    employees  under  this  Act  shall  be  given  the  option of
28    participating in the programs of group life insurance, health
29    benefits and other employee benefits.  Such persons  electing
30    coverage  may participate only by making payment equal to the
31    amount  normally  contributed  by  the  State  for  similarly
32    situated employees.  Such amounts shall be determined by  the
33    Director.   Such payments and coverage may be continued until
34    such time as the person becomes an employee pursuant to  this
 
SB745 Engrossed             -30-               LRB9101253EGfg
 1    Act or such person's appointment is terminated.
 2        (i)  Any  unit  of  local  government within the State of
 3    Illinois may apply to the Director  to  have  its  employees,
 4    annuitants,   and  their  dependents  provided  group  health
 5    coverage  under  this  Act  on  a  non-insured   basis.    To
 6    participate,  a unit of local government must agree to enroll
 7    all of its employees, who may select  coverage  under  either
 8    the State group health insurance plan or a health maintenance
 9    organization  that  has  contracted  with  the  State  to  be
10    available  as a health care provider for employees as defined
11    in this Act.  A unit  of  local  government  must  remit  the
12    entire  cost  of  providing  coverage  under  the State group
13    health  insurance  plan  or,  for  coverage  under  a  health
14    maintenance  organization,  an  amount  determined   by   the
15    Director  based  on  an  analysis of the sex, age, geographic
16    location, or other relevant  demographic  variables  for  its
17    employees, except that the unit of local government shall not
18    be  required to enroll those of its employees who are covered
19    spouses or dependents under this plan or another group policy
20    or  plan  providing  health  benefits  as  long  as  (1)   an
21    appropriate  official  from  the  unit  of  local  government
22    attests  that  each employee not enrolled is a covered spouse
23    or dependent under this plan or another group policy or plan,
24    and (2) at least 85% of the employees are  enrolled  and  the
25    unit  of local government remits the entire cost of providing
26    coverage to those employees.  Employees  of  a  participating
27    unit of local government who are not enrolled due to coverage
28    under  another  group  health  policy or plan may enroll at a
29    later date subject to submission of satisfactory evidence  of
30    insurability  and  provided that no benefits shall be payable
31    for services incurred during the first 6 months  of  coverage
32    to  the  extent  the  services  are   in  connection with any
33    pre-existing  condition.   A  participating  unit  of   local
34    government may also elect to cover its annuitants.  Dependent
 
SB745 Engrossed             -31-               LRB9101253EGfg
 1    coverage  shall  be  offered  on  an optional basis, with the
 2    costs paid by the unit of local government, its employees, or
 3    some combination of the two as  determined  by  the  unit  of
 4    local  government.   The  unit  of  local government shall be
 5    responsible  for  timely  collection  and   transmission   of
 6    dependent premiums.
 7        The  Director  shall  annually determine monthly rates of
 8    payment, subject to the following constraints:
 9             (1)  In the first year of coverage, the rates  shall
10        be   equal  to  the  amount  normally  charged  to  State
11        employees for elected optional coverages or for  enrolled
12        dependents  coverages or other contributory coverages, or
13        contributed by the State for basic insurance coverages on
14        behalf of its employees, adjusted for differences between
15        State employees and employees of the local government  in
16        age,   sex,   geographic   location   or  other  relevant
17        demographic variables, plus an amount sufficient  to  pay
18        for  the  additional  administrative  costs  of providing
19        coverage to employees of the unit of local government and
20        their dependents.
21             (2)  In subsequent years, a further adjustment shall
22        be  made  to  reflect  the  actual  prior  years'  claims
23        experience  of  the  employees  of  the  unit  of   local
24        government.
25        In  the  case  of  coverage of local government employees
26    under a health maintenance organization, the  Director  shall
27    annually  determine  for  each  participating  unit  of local
28    government the maximum monthly amount the unit may contribute
29    toward that coverage, based on an analysis of  (i)  the  age,
30    sex,  geographic  location,  and  other  relevant demographic
31    variables of the unit's employees and (ii) the cost to  cover
32    those  employees under the State group health insurance plan.
33    The Director may  similarly  determine  the  maximum  monthly
34    amount  each  unit  of local government may contribute toward
 
SB745 Engrossed             -32-               LRB9101253EGfg
 1    coverage  of  its  employees'  dependents  under   a   health
 2    maintenance organization.
 3        Monthly  payments  by the unit of local government or its
 4    employees for group health insurance  or  health  maintenance
 5    organization   coverage  shall  be  deposited  in  the  Local
 6    Government  Health  Insurance  Reserve   Fund.    The   Local
 7    Government   Health   Insurance   Reserve  Fund  shall  be  a
 8    continuing fund not subject to fiscal year limitations.   All
 9    expenditures  from  this  fund shall be used for payments for
10    health care benefits for local government and  rehabilitation
11    facility   employees,  annuitants,  and  dependents,  and  to
12    reimburse  the  Department  or  its  administrative   service
13    organization  for all expenses incurred in the administration
14    of benefits.  No other State funds  may  be  used  for  these
15    purposes.
16        A  local government employer's participation or desire to
17    participate in a program created under this subsection  shall
18    not   limit   that   employer's  duty  to  bargain  with  the
19    representative of  any  collective  bargaining  unit  of  its
20    employees.
21        (j)  Any  rehabilitation  facility  within  the  State of
22    Illinois may apply to the Director  to  have  its  employees,
23    annuitants,   and  their  dependents  provided  group  health
24    coverage  under  this  Act  on  a   non-insured   basis.   To
25    participate,  a  rehabilitation facility must agree to enroll
26    all of its employees and remit the entire cost  of  providing
27    such   coverage   for   its   employees,   except   that  the
28    rehabilitation facility shall not be required to enroll those
29    of its employees who are covered spouses or dependents  under
30    this  plan  or  another group policy or plan providing health
31    benefits as long as (1)  an  appropriate  official  from  the
32    rehabilitation   facility  attests  that  each  employee  not
33    enrolled is a covered spouse or dependent under this plan  or
34    another  group  policy  or  plan, and (2) at least 85% of the
 
SB745 Engrossed             -33-               LRB9101253EGfg
 1    employees are enrolled and the rehabilitation facility remits
 2    the entire cost of providing  coverage  to  those  employees.
 3    Employees  of a participating rehabilitation facility who are
 4    not enrolled due  to  coverage  under  another  group  health
 5    policy  or  plan  may  enroll  at  a  later  date  subject to
 6    submission  of  satisfactory  evidence  of  insurability  and
 7    provided that no  benefits  shall  be  payable  for  services
 8    incurred  during the first 6 months of coverage to the extent
 9    the  services  are  in  connection  with   any   pre-existing
10    condition.  A  participating rehabilitation facility may also
11    elect to cover its annuitants. Dependent  coverage  shall  be
12    offered  on  an  optional  basis,  with the costs paid by the
13    rehabilitation facility, its employees, or  some  combination
14    of  the  2  as determined by the rehabilitation facility. The
15    rehabilitation  facility  shall  be  responsible  for  timely
16    collection and transmission of dependent premiums.
17        The Director shall annually determine quarterly rates  of
18    payment, subject to the following constraints:
19             (1)  In  the first year of coverage, the rates shall
20        be  equal  to  the  amount  normally  charged  to   State
21        employees  for elected optional coverages or for enrolled
22        dependents coverages or other contributory  coverages  on
23        behalf of its employees, adjusted for differences between
24        State  employees  and  employees  of  the  rehabilitation
25        facility  in  age,  sex,  geographic  location  or  other
26        relevant demographic variables, plus an amount sufficient
27        to   pay  for  the  additional  administrative  costs  of
28        providing coverage to  employees  of  the  rehabilitation
29        facility and their dependents.
30             (2)  In subsequent years, a further adjustment shall
31        be  made  to  reflect  the  actual  prior  years'  claims
32        experience   of   the  employees  of  the  rehabilitation
33        facility.
34        Monthly payments by the rehabilitation  facility  or  its
 
SB745 Engrossed             -34-               LRB9101253EGfg
 1    employees  for  group  health insurance shall be deposited in
 2    the Local Government Health Insurance Reserve Fund.
 3        (k)  Any domestic violence shelter or service within  the
 4    State  of  Illinois  may  apply  to  the Director to have its
 5    employees, annuitants, and their  dependents  provided  group
 6    health  coverage  under  this Act on a non-insured basis.  To
 7    participate, a domestic  violence  shelter  or  service  must
 8    agree  to enroll all of its employees and pay the entire cost
 9    of  providing   such   coverage   for   its   employees.    A
10    participating  domestic  violence  shelter  may also elect to
11    cover its annuitants.  Dependent coverage shall be offered on
12    an optional basis, with employees, or some combination of the
13    2 as determined by the domestic violence shelter or  service.
14    The domestic violence shelter or service shall be responsible
15    for timely collection and transmission of dependent premiums.
16        The  Director shall annually determine quarterly rates of
17    payment, subject to the following constraints:
18             (1)  In the first year of coverage, the rates  shall
19        be   equal  to  the  amount  normally  charged  to  State
20        employees for elected optional coverages or for  enrolled
21        dependents  coverages  or other contributory coverages on
22        behalf of its employees, adjusted for differences between
23        State employees and employees of  the  domestic  violence
24        shelter  or  service  in age, sex, geographic location or
25        other relevant  demographic  variables,  plus  an  amount
26        sufficient to pay for the additional administrative costs
27        of  providing  coverage  to  employees  of  the  domestic
28        violence shelter or service and their dependents.
29             (2)  In subsequent years, a further adjustment shall
30        be  made  to  reflect  the  actual  prior  years'  claims
31        experience  of  the  employees  of  the domestic violence
32        shelter or service.
33             (3)  In no case shall the  rate  be  less  than  the
34        amount normally charged to State employees or contributed
 
SB745 Engrossed             -35-               LRB9101253EGfg
 1        by the State on behalf of its employees.
 2        Monthly  payments  by  the  domestic  violence shelter or
 3    service or its employees for group health insurance shall  be
 4    deposited  in  the  Local Government Health Insurance Reserve
 5    Fund.
 6        (l)  A  public  community  college  or  entity  organized
 7    pursuant to the Public Community College Act may apply to the
 8    Director initially to have only annuitants not covered  prior
 9    to July 1, 1992 by the district's health plan provided health
10    coverage   under  this  Act  on  a  non-insured  basis.   The
11    community  college  must  execute  a   2-year   contract   to
12    participate  in  the  Local  Government  Health  Plan.  Those
13    annuitants enrolled initially under this contract shall  have
14    no  benefits payable for services incurred during the first 6
15    months  of  coverage  to  the  extent  the  services  are  in
16    connection with any pre-existing  condition.   Any  annuitant
17    who  may enroll after this initial enrollment period shall be
18    subject   to   submission   of   satisfactory   evidence   of
19    insurability and to the pre-existing conditions limitation.
20        The Director shall annually determine  monthly  rates  of
21    payment  subject  to  the  following  constraints:  for those
22    community colleges with annuitants only enrolled, first  year
23    rates  shall be equal to the average cost to cover claims for
24    a  State   member   adjusted   for   demographics,   Medicare
25    participation,  and  other factors; and in the second year, a
26    further adjustment of rates shall  be  made  to  reflect  the
27    actual   first   year's  claims  experience  of  the  covered
28    annuitants.
29        (m)  The Director shall adopt any rules deemed  necessary
30    for implementation of this amendatory Act of 1989 (Public Act
31    86-978).
32    (Source:  P.A.  89-53,  eff.  7-1-95;  89-236,  eff.  8-4-95;
33    89-324,  eff.  8-13-95;  89-626,  eff.  8-9-96;  90-65,  eff.
34    7-7-97;  90-582,  eff. 5-27-98; 90-655, eff. 7-30-98; revised
 
SB745 Engrossed             -36-               LRB9101253EGfg
 1    8-3-98.)

 2        Section 10.  The Election Code  is  amended  by  changing
 3    Sections  2A-27, 4-6.1, 4-8, 4-9, 4-10, 4-12, 4-23, 5-7, 5-9,
 4    5-15, 5-29.01, 6-29, 6-35, 6-44, 6-67.01, 7-10, 7-10.1, 7-24,
 5    7-34, 7-53, 8-8, 9-1.7,  10-6.2,  12-1,  14-4,  17-9,  17-10,
 6    17-17, 17-23, 19-8, 24-1.1, 24A-3, and 24B-3 as follows:

 7        (10 ILCS 5/2A-27) (from Ch. 46, par. 2A-27)
 8        Sec.  2A-27.  Cities  generally; mayor; clerk; treasurer;
 9    time of  election.   A  mayor,  a  city  clerk,  and  a  city
10    treasurer  shall  be  elected  in each city that elects those
11    officers (except the City of  Chicago)  at  the  consolidated
12    election  in  1979  or  1981 (in whichever of those years the
13    terms of those  officers  expire)  and  at  the  consolidated
14    election  every  4  years  thereafter.   In  cities that have
15    provided for a  2  year  term  for  elective  officers  under
16    Section  3.1-10-65  3.1-15-65 of the Illinois Municipal Code,
17    however,  these  city  officers  shall  be  elected  at   the
18    consolidated election of each odd-numbered year.
19    (Source: P.A. 87-1119; revised 11-4-98.)

20        (10 ILCS 5/4-6.1) (from Ch. 46, par. 4-6.1)
21        Sec.  4-6.1. In addition to registration at the office of
22    the county  clerk,  and  at  the  offices  of  municipal  and
23    township  or  road  district  clerks, each county clerk shall
24    provide   for   the   following    additional   methods    of
25    registration:
26             (1)  the   appointment   of   deputy  registrars  as
27        provided in Section 4-6.2; and
28             (2)  the  establishment  of  temporary   places   of
29        registration, as provided in Section 4-6.3.
30        Each  county  clerk may provide for precinct registration
31    pursuant to Section 4-7.
 
SB745 Engrossed             -37-               LRB9101253EGfg
 1    (Source: P.A. 83-1059; revised 10-31-98.)

 2        (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
 3        Sec. 4-8.  The county clerk shall  provide  a  sufficient
 4    number of blank forms for the registration of electors, which
 5    shall  be  known as registration record cards and which shall
 6    consist of loose leaf sheets or cards, of  suitable  size  to
 7    contain  in  plain  writing  and figures the data hereinafter
 8    required thereon  or  shall  consist  of  computer  cards  of
 9    suitable  nature  to  contain  the data required thereon. The
10    registration record cards, which shall include  an  affidavit
11    of registration as hereinafter provided, shall be executed in
12    duplicate.
13        The  registration record card shall contain the following
14    and such other information as the county clerk may  think  it
15    proper to require for the identification of the applicant for
16    registration:
17        Name.   The  name  of  the  applicant, giving surname and
18    first or Christian name in full, and the middle name  or  the
19    initial for such middle name, if any.
20        Sex.
21        Residence.  The name and number of the street, avenue, or
22    other location of the dwelling, including the apartment, unit
23    or  room number, if any, and in the case of a mobile home the
24    lot  number,  and  such   additional   clear   and   definite
25    description  as  may  be  necessary  to  determine  the exact
26    location of the dwelling of the applicant. Where the location
27    cannot be determined by street and number, then the  section,
28    congressional  township and range number may be used, or such
29    other description as may be necessary, including  post-office
30    mailing  address.  In  the case of a homeless individual, the
31    individual's voting residence that  is  his  or  her  mailing
32    address  shall  be included on his or her registration record
33    card.
 
SB745 Engrossed             -38-               LRB9101253EGfg
 1        Term of residence in the State of Illinois and  precinct.
 2    This  information shall be furnished by the applicant stating
 3    the place or places where he resided  and  the  dates  during
 4    which he resided in such place or places during the year next
 5    preceding the date of the next ensuing election.
 6        Nativity.   The  state  or country in which the applicant
 7    was born.
 8        Citizenship.  Whether the applicant  is  native  born  or
 9    naturalized.  If  naturalized,  the court, place, and date of
10    naturalization.
11        Date of application  for  registration,  i.e.,  the  day,
12    month   and   year   when  applicant  presented  himself  for
13    registration.
14        Age.  Date of birth, by month, day and year.
15        Physical disability of the applicant, if any, at the time
16    of registration, which would require assistance in voting.
17        The county and state in  which  the  applicant  was  last
18    registered.
19        Signature   of   voter.    The   applicant,   after   the
20    registration  and  in  the  presence of a deputy registrar or
21    other officer of registration shall be required to  sign  his
22    or  her name in ink to the affidavit on both the original and
23    duplicate registration record cards.
24        Signature of deputy registrar or officer of registration.
25        In case applicant is unable to  sign  his  name,  he  may
26    affix  his  mark  to  the affidavit. In such case the officer
27    empowered  to  give  the  registration  oath  shall  write  a
28    detailed description of the applicant in the  space  provided
29    on  the back or at the bottom of the card or sheet; and shall
30    ask the following questions and record the answers thereto:
31        Father's first name.
32        Mother's first name.
33        From what address did the applicant last register?
34        Reason for inability to sign name.
 
SB745 Engrossed             -39-               LRB9101253EGfg
 1        Each applicant for registration shall make  an  affidavit
 2    in substantially the following form:
 3                      AFFIDAVIT OF REGISTRATION
 4    STATE OF ILLINOIS
 5    COUNTY OF .......
 6        I  hereby  swear  (or  affirm) that I am a citizen of the
 7    United States; that on the date of the next election I  shall
 8    have  resided  in  the  State of Illinois and in the election
 9    precinct in which I reside 30 days and  that  I  intend  that
10    this  location  shall  be  my  residence;  that  I  am  fully
11    qualified to vote, and that the above statements are true.
12                                   ..............................
13                                   (His or her signature or mark)
14        Subscribed  and sworn to before me on (insert date). this
15    .... day of ...., 19...
16    ..................................
17    Signature of registration officer.
18    (To be signed in presence of registrant.)

19        Space  shall  be  provided  upon   the   face   of   each
20    registration  record  card  for  the  notation  of the voting
21    record of the person registered thereon.
22        Each registration record card shall be numbered according
23    to precincts, and may be serially  or  otherwise  marked  for
24    identification  in  such  manner  as  the  county  clerk  may
25    determine.
26        The registration cards shall be deemed public records and
27    shall  be  open  to inspection during regular business hours,
28    except during the 28 days immediately preceding any election.
29    On written request of any candidate or objector or any person
30    intending to object to a  petition,  the  election  authority
31    shall  extend  its hours for inspection of registration cards
32    and other records of the election authority during the period
33    beginning with the filing of petitions under  Sections  7-10,
34    8-8,  10-6  or 28-3 and continuing through the termination of
 
SB745 Engrossed             -40-               LRB9101253EGfg
 1    electoral board  hearings  on  any  objections  to  petitions
 2    containing   signatures   of   registered   voters   in   the
 3    jurisdiction  of the election authority.  The extension shall
 4    be for  a  period  of  hours  sufficient  to  allow  adequate
 5    opportunity  for  examination of the records but the election
 6    authority is not required to  extend  its  hours  beyond  the
 7    period  beginning  at  its  normal  opening  for business and
 8    ending at midnight.  If the business hours are  so  extended,
 9    the  election  authority  shall  post a public notice of such
10    extended  hours.  Registration  record  cards  may  also   be
11    inspected,  upon  approval  of  the  officer in charge of the
12    cards, during the 28 days immediately preceding any election.
13    Registration record cards shall also be open to inspection by
14    certified judges and poll watchers  and  challengers  at  the
15    polling  place  on  election  day,  but  only  to  the extent
16    necessary to determine the question of the right of a  person
17    to  vote or to serve as a judge of election. At no time shall
18    poll watchers or challengers be allowed to physically  handle
19    the registration record cards.
20        Updated  copies  of  computer  tapes or computer discs or
21    other electronic data processing information containing voter
22    registration information shall be  furnished  by  the  county
23    clerk  within  10 days after December 15 and May 15 each year
24    to the State Board of Elections in a form prescribed  by  the
25    Board.   Registration  information  shall include, but not be
26    limited to, the following information:  name, sex, residence,
27    telephone  number,  if  any,  age,  party   affiliation,   if
28    applicable,    precinct,    ward,   township,   county,   and
29    representative, legislative and congressional districts.   In
30    the  event  of noncompliance, the State Board of Elections is
31    directed   to   obtain   compliance   forthwith   with   this
32    nondiscretionary  duty   of   the   election   authority   by
33    instituting  legal  proceedings  in  the circuit court of the
34    county  in  which  the  election  authority   maintains   the
 
SB745 Engrossed             -41-               LRB9101253EGfg
 1    registration  information.   The  costs of furnishing updated
 2    copies of tapes or discs shall be paid at a rate  of  $.00034
 3    per  name  of registered voters in the election jurisdiction,
 4    but not less than $50 per tape or disc and shall be paid from
 5    appropriations made to  the  State  Board  of  Elections  for
 6    reimbursement to the election authority for such purpose. The
 7    Board  shall  furnish  copies  of  such  tapes,  discs, other
 8    electronic data or compilations thereof  to  state  political
 9    committees  registered  pursuant  to  the  Illinois  Campaign
10    Finance  Act  or  the  Federal Election Campaign Act at their
11    request and at a reasonable cost.  Copies of the tapes, discs
12    or other electronic data shall be  furnished  by  the  county
13    clerk to local political committees at their request and at a
14    reasonable  cost.   Reasonable  cost  of the tapes, discs, et
15    cetera for this purpose would be the cost of duplication plus
16    15%  for  administration.   The  individual  representing   a
17    political  committee  requesting  copies  of such tapes shall
18    make a sworn affidavit that the  information  shall  be  used
19    only  for  bona  fide political purposes, including by or for
20    candidates for  office  or  incumbent  office  holders.  Such
21    tapes, discs or other electronic data shall not be used under
22    any  circumstances  by any political committee or individuals
23    for purposes of commercial  solicitation  or  other  business
24    purposes.   If  such  tapes  contain  information  on  county
25    residents  related  to the operations of county government in
26    addition to registration information, that information  shall
27    not   be   used   under   any  circumstances  for  commercial
28    solicitation or other business purposes.  The prohibition  in
29    this  Section  against  using  the computer tapes or computer
30    discs  or  other  electronic  data   processing   information
31    containing  voter  registration  information  for purposes of
32    commercial solicitation or other business purposes  shall  be
33    prospective  only from the effective date of this amended Act
34    of 1979.  Any person who violates  this  provision  shall  be
 
SB745 Engrossed             -42-               LRB9101253EGfg
 1    guilty of a Class 4 felony.
 2        The State Board of Elections shall promulgate, by October
 3    1,  1987,  such  regulations  as  may  be necessary to ensure
 4    uniformity throughout the State in electronic data processing
 5    of voter registration  information.   The  regulations  shall
 6    include,  but  need  not  be  limited  to, specifications for
 7    uniform medium, communications protocol and file structure to
 8    be employed by the election authorities of this State in  the
 9    electronic data processing of voter registration information.
10    Each  election authority utilizing electronic data processing
11    of voter registration  information  shall  comply  with  such
12    regulations on and after May 15, 1988.
13        If  the applicant for registration was last registered in
14    another county within  this  State,  he  shall  also  sign  a
15    certificate    authorizing   cancellation   of   the   former
16    registration. The certificate shall be in  substantially  the
17    following form:
18    To the County Clerk of.... County, Illinois. (or)
19    To the Election Commission of the City of ...., Illinois.
20        This  is to certify that I am registered in your (county)
21    (city) and that my residence was ............................
22    Having moved out of your (county) (city), I hereby  authorize
23    you to cancel said registration in your office.
24    Dated at ...., Illinois, on (insert date).
25    this .... day of ...., 19...
26                                .................................
27                                             (Signature of Voter)
28    Attest: ................,  County Clerk, .............
29    County, Illinois.
30        The  cancellation certificate shall be mailed immediately
31    by  the  County  Clerk  to  the  County  Clerk  (or  election
32    commission as the  case  may  be)  where  the  applicant  was
33    formerly  registered.  Receipt  of  such certificate shall be
34    full authority for cancellation of any previous registration.
 
SB745 Engrossed             -43-               LRB9101253EGfg
 1    (Source: P.A. 86-873; 86-1348; 87-1241; revised 1-26-99.)

 2        (10 ILCS 5/4-9) (from Ch. 46, par. 4-9)
 3        Sec. 4-9. The  county  clerk  shall  fully  instruct  the
 4    registration  officers  and  deputy  registration officers in
 5    their  duties.   Each   registration   officer   and   deputy
 6    registration  officer  shall  receipt to the county clerk for
 7    all blank registration record cards issued to him, specifying
 8    therein the number of the blanks received by  him,  and  each
 9    registration officer and deputy registration officer shall be
10    charged  with such blanks until he returns them to the county
11    clerk.  If for any cause a blank registration record card  is
12    mutilated or rendered unfit for use in making it out, or if a
13    mistake  thereon  has  been  made,  such  blank  shall not be
14    destroyed, but the word "mutilated" shall be  written  across
15    the  face of such card, and the card shall be returned to the
16    county clerk and be preserved in the same manner and for  the
17    same length of time as mutilated ballots.  When each 1969 and
18    1970   precinct  re-registration  has  been  completed,  each
19    registration officer shall certify the  registration  records
20    in substantially the following form:
21        "We,  the  undersigned  registration  officers  or deputy
22    registration officers in the County of .... in the  State  of
23    Illinois,  do  swear  (or affirm) that at the registration of
24    electors on (insert date) the .... day of .... 19.. there was
25    registered by us in the  said  election  precinct  the  names
26    which appear on the registration records, and that the number
27    of  voters  registered and qualified was and is the number of
28    ....
29                                           ......................
30                                           ......................
31                                           ......................
32                                           Registration officers.
33    Date ................"
 
SB745 Engrossed             -44-               LRB9101253EGfg
 1        After  completion  of  each  1969   and   1970   precinct
 2    re-registration each of the officers of registration for such
 3    precinct  shall place all registration cards received by him,
 4    regardless of whether such cards  have  been  unused,  filled
 5    out, executed or mutilated, in an envelope to be provided for
 6    that purpose by the county clerk and shall seal such envelope
 7    with an official wax impression seal and sign his name across
 8    the  face  of  such  envelope.  The judge of registration for
 9    such precinct shall include in the envelope sealed by him the
10    certification  of  the   registration   records   hereinabove
11    required.   The judge of registration for such precinct shall
12    within 24 hours  after  the  close  of  re-registration  make
13    personal   delivery   of   all   envelopes   containing   the
14    re-registration cards for such precinct to the county clerk.
15        Other  precinct  registrations  shall  be  certified  and
16    returned in the same manner.
17    (Source: Laws 1967, p. 2987; revised 10-20-98.)

18        (10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
19        Sec. 4-10.  Except as herein provided, no person shall be
20    registered,  unless  he  applies  in person to a registration
21    officer, answers such relevant questions as may be  asked  of
22    him  by  the registration officer, and executes the affidavit
23    of registration.  The registration officer shall require  the
24    applicant  to furnish two forms of identification, and except
25    in the case of a  homeless  individual,  one  of  which  must
26    include  his  or  her  residence  address.   These  forms  of
27    identification  shall  include, but not be limited to, any of
28    the following: driver's license, social security card, public
29    aid identification card, utility bill,  employee  or  student
30    identification  card,  credit  card,  or  a  civic,  union or
31    professional association membership card.   The  registration
32    officer  shall  require  a  homeless  individual  to  furnish
33    evidence  of  his  or  her use of the mailing address stated.
 
SB745 Engrossed             -45-               LRB9101253EGfg
 1    This use may be demonstrated by a piece of mail addressed  to
 2    that  individual  and  received  at  that  address  or  by  a
 3    statement  from  a  person  authorizing  use  of  the mailing
 4    address.   The  registration  officer  shall   require   each
 5    applicant  for  registration  to read or have read to him the
 6    affidavit of registration before permitting  him  to  execute
 7    the affidavit.
 8        One of the registration officers or a deputy registration
 9    officer,  county  clerk, or clerk in the office of the county
10    clerk, shall administer to all persons who  shall  personally
11    apply to register the following oath or affirmation:
12        "You  do  solemnly  swear (or affirm) that you will fully
13    and truly answer all such questions as shall be  put  to  you
14    touching  your name, place of residence, place of birth, your
15    qualifications as an  elector  and  your  right  as  such  to
16    register and vote under the laws of the State of Illinois."
17        The  registration officer shall satisfy himself that each
18    applicant for registration is qualified  to  register  before
19    registering  him.   If the registration officer has reason to
20    believe that the applicant is a resident of a  Soldiers'  and
21    Sailors'  Home or any facility which is licensed or certified
22    pursuant to the Nursing Home Care Act, the following question
23    shall be put, "When  you  entered  the  home  which  is  your
24    present  address, was it your bona fide intention to become a
25    resident thereof?"  Any voter of a township, city, village or
26    incorporated town in which such applicant resides,  shall  be
27    permitted  to  be  present  at  the  place  of  any  precinct
28    registration  and  shall  have  the  right  to  challenge any
29    applicant who applies to be registered.
30        In case the officer is not satisfied that  the  applicant
31    is  qualified  he  shall  forthwith  notify such applicant in
32    writing to appear before the county  clerk  to  complete  his
33    registration.   Upon  the  card  of  such  applicant shall be
34    written the word "incomplete" and no such applicant shall  be
 
SB745 Engrossed             -46-               LRB9101253EGfg
 1    permitted  to vote unless such registration is satisfactorily
 2    completed as hereinafter provided.  No registration shall  be
 3    taken  and marked as incomplete if information to complete it
 4    can be furnished on the date of the original application.
 5        Any person claiming to be  an  elector  in  any  election
 6    precinct  and  whose registration card is marked "Incomplete"
 7    may make and sign an application in writing, under  oath,  to
 8    the county clerk in substance in the following form:
 9        "I  do  solemnly swear that I, ...., did on (insert date)
10    .... make application to the board of registry  of  the  ....
11    precinct  of  the township of .... (or to the county clerk of
12    .... county) and that said board or clerk refused to complete
13    my registration as a qualified voter in said precinct.   That
14    I  reside  in  said precinct, that I intend to reside in said
15    precinct, and am a duly qualified voter of said precinct  and
16    am  entitled to be registered to vote in said precinct at the
17    next election.
18    (Signature of applicant) ............................."

19        All such applications shall be presented  to  the  county
20    clerk  or  to  his  duly  authorized  representative  by  the
21    applicant,  in person between the hours of 9:00 a.m. and 5:00
22    p.m. on any day after the days on which  the  1969  and  1970
23    precinct  re-registrations are held but not on any day within
24    28 days preceding the ensuing general election and thereafter
25    for  the  registration  provided  in  Section  4-7  all  such
26    applications shall be presented to the county  clerk  or  his
27    duly  authorized  representative  by  the applicant in person
28    between the hours of 9:00 a.m. and 5:00 p.m. on any day prior
29    to 28 days preceding  the  ensuing  general  election.   Such
30    application  shall  be  heard by the county clerk or his duly
31    authorized representative at  the  time  the  application  is
32    presented.   If the applicant for registration has registered
33    with the county clerk, such application may be  presented  to
34    and  heard  by  the  county  clerk  or by his duly authorized
 
SB745 Engrossed             -47-               LRB9101253EGfg
 1    representative upon the dates specified above or at any  time
 2    prior thereto designated by the county clerk.
 3        Any  otherwise  qualified  person  who is absent from his
 4    county of residence either due  to  business  of  the  United
 5    States  or  because he is temporarily outside the territorial
 6    limits of the United States may become registered by  mailing
 7    an  application  to  the  county  clerk within the periods of
 8    registration provided for in this Article, or by simultaneous
 9    application for absentee registration and absentee ballot  as
10    provided in Article 20 of this Code.
11        Upon  receipt  of such application the county clerk shall
12    immediately mail an affidavit of registration  in  duplicate,
13    which  affidavit  shall  contain the following and such other
14    information as the State Board  of  Elections  may  think  it
15    proper to require for the identification of the applicant:
16        Name.   The  name  of  the  applicant, giving surname and
17    first or Christian name in full, and the middle name  or  the
18    initial for such middle name, if any.
19        Sex.
20        Residence.   The name and number of the street, avenue or
21    other location of the dwelling, and such additional clear and
22    definite description as may be  necessary  to  determine  the
23    exact  location  of the dwelling of the applicant.  Where the
24    location cannot be determined by street and number, then  the
25    Section, congressional township and range number may be used,
26    or such other information as may be necessary, including post
27    office mailing address.
28        Term  of  residence  in  the  State  of  Illinois and the
29    precinct.
30        Nativity.  The State or country in  which  the  applicant
31    was born.
32        Citizenship.   Whether  the  applicant  is native born or
33    naturalized. If naturalized, the court,  place  and  date  of
34    naturalization.
 
SB745 Engrossed             -48-               LRB9101253EGfg
 1        Age.  Date of birth, by month, day and year.
 2        Out of State address of ..........................
 3                      AFFIDAVIT OF REGISTRATION
 4    State of ...........)
 5                        )ss
 6    County of ..........)
 7        I  hereby  swear  (or  affirm) that I am a citizen of the
 8    United States; that on the day of the next election  I  shall
 9    have  resided  in  the  State of Illinois and in the election
10    precinct 30 days; that I am fully qualified to vote,  that  I
11    am not registered to vote anywhere else in the United States,
12    that  I  intend to remain a resident of the State of Illinois
13    and of the election precinct, that I intend to return to  the
14    State of Illinois, and that the above statements are true.
15                                   ..............................
16                                   (His or her signature or mark)
17        Subscribed  and  sworn to before me, an officer qualified
18    to administer oaths, on (insert  date).  this  .....  day  of
19    ..... 19 ...
20                         ........................................
21                         Signature of officer administering oath.
22        Upon  receipt  of  the  executed  duplicate  affidavit of
23    Registration, the county clerk shall transfer the information
24    contained thereon to duplicate  Registration  Cards  provided
25    for in Section 4-8 of this Article and shall attach thereto a
26    copy  of  each of the duplicate affidavit of registration and
27    thereafter  such  registration  card  and   affidavit   shall
28    constitute  the registration of such person the same as if he
29    had applied for registration in person.
30    (Source: P.A. 86-820; 87-1241; revised 10-20-98.)

31        (10 ILCS 5/4-12) (from Ch. 46, par. 4-12)
32        Sec. 4-12.  Any voter or voters in  the  township,  city,
33    village  or  incorporated  town containing such precinct, and
 
SB745 Engrossed             -49-               LRB9101253EGfg
 1    any precinct committeeman in the  county,  may,  between  the
 2    hours of 9:00 a.m. and 5:00 p.m. of Monday and Tuesday of the
 3    second  week  prior  to  the  week  in which the 1970 primary
 4    election for the  nomination  of  candidates  for  State  and
 5    county offices or any election thereafter is to be held, make
 6    application in writing, to the county clerk, to have any name
 7    upon  the  register of any precinct erased.  Such application
 8    shall be, in substance, in the words and figures following:
 9        "I being a qualified  voter,  registered  from  No.  ....
10    Street  in  the  ....  precinct  of the .... ward of the city
11    (village or town of) .... (or of the .... town  of  ....)  do
12    hereby  solemnly  swear (or affirm) that .... registered from
13    No. .... Street is not a qualified voter in the .... precinct
14    of .... ward of the city (village or town) of .... (or of the
15    .... town of ....) and hence I ask that his  name  be  erased
16    from  the  register of such precinct for the following reason
17    .....
18        Affiant further says that he has  personal  knowledge  of
19    the facts set forth in the above affidavit.
20                           (Signed) .....
21        Subscribed  and sworn to before me on (insert date). this
22    .... day of ...., 19...
23                                ....
24                                ....
25                               ....."

26        Such application shall be signed  and  sworn  to  by  the
27    applicant before the county clerk or any deputy authorized by
28    the county clerk for that purpose, and filed with said clerk.
29    Thereupon  notice  of  such  application, and of the time and
30    place of hearing thereon, with a demand to appear before  the
31    county  clerk and show cause why his name shall not be erased
32    from said register, shall be  mailed,  in  an  envelope  duly
33    stamped  and directed to such person at the address upon said
34    register, at least four days before the  day  fixed  in  said
 
SB745 Engrossed             -50-               LRB9101253EGfg
 1    notice to show cause.
 2        A  like  notice  shall be mailed to the person or persons
 3    making the application to have the name  upon  such  register
 4    erased  to  appear  and  show  cause  why said name should be
 5    erased, the notice to set  out  the  day  and  hour  of  such
 6    hearing. If the voter making such application fails to appear
 7    before said clerk at the time set for the hearing as fixed in
 8    the said notice or fails to show cause why the name upon such
 9    register  shall  be  erased,  the application to erase may be
10    dismissed by the county clerk.
11        Any voter  making  the  application  is  privileged  from
12    arrest  while  presenting  it  to the county clerk, and while
13    going to and from the office of the county clerk.
14    (Source: P.A. 84-551; revised 10-20-98.)

15        (10 ILCS 5/4-23) (from Ch. 46, par. 4-23)
16        Sec. 4-23.  The provisions of this Article 4, so  far  as
17    they  require  the  registration  of voters as a condition to
18    their being allowed to  vote,  shall  not  apply  to  persons
19    otherwise  entitled  to  vote,  who  are,  at the time of the
20    election, or at  any  time  within  60  days  prior  to  such
21    election  have been, engaged in the military or naval service
22    of the United  States,  and  who  appear  personally  at  the
23    polling  place  on  election day and produce to the judges of
24    election satisfactory evidence thereof, but such persons,  if
25    otherwise  qualified  to  vote, shall be permitted to vote at
26    such election without previous registration.
27        All such persons shall also make an affidavit which shall
28    be in substantially the following form:
29    "State of Illinois)
30                      ) ss.
31    County of ........)
32                        ............ Precinct   ............ Ward
33        I, ..............., do solemnly swear (or affirm), that I
 
SB745 Engrossed             -51-               LRB9101253EGfg
 1    am a citizen of the United States, of the age of 18 years  or
 2    over,  and  that within the past 60 days prior to the date of
 3    this election at which I am applying to  vote,  I  have  been
 4    engaged in the .... (military or naval) service of the United
 5    States; and I am qualified to vote under and by virtue of the
 6    Constitution and laws of the State of Illinois, and that I am
 7    a  legally  qualified  voter of this precinct and ward except
 8    that I have, because of such service, been unable to register
 9    as a voter; that I now reside  at  ....  (insert  street  and
10    number,  if  any)  in  this  precinct  and  ward, that I have
11    maintained a legal residence in this precinct and ward for 30
12    days and in the State 30 days next preceding this election.
13                                           ......................
14        Subscribed and sworn to before me on (insert date).  this
15    .... day of ...., 19...
16                                           ......................
17                                              Judge of Election."

18        The  affidavit  of  any such person shall be supported by
19    the affidavit of a resident and qualified voter of  any  such
20    precinct  and ward, which affidavit shall be in substantially
21    the following form:
22    "State of Illinois)
23                      ) ss.
24    County of ........)
25                 ................ Precinct   ............... Ward
26        I, ...., do solemnly swear  (or  affirm),  that  I  am  a
27    resident  of  this  precinct and ward and entitled to vote at
28    this election; that I am acquainted with ....  (name  of  the
29    applicant);  that I verily believe him or her to be an actual
30    bona fide resident of this  precinct  and  ward  and  that  I
31    verily  believe  that  he  or  she  has  maintained  a  legal
32    residence  therein  30  days,  and in this State 30 days next
33    preceding this election.
34                                           ......................
 
SB745 Engrossed             -52-               LRB9101253EGfg
 1        Subscribed and sworn to before me on (insert date).  this
 2    .... day of ...., 19...
 3                                           ......................
 4                                              Judge of Election."
 5    (Source: P.A. 84- 551; revised 10-20-98.)

 6        (10 ILCS 5/5-7) (from Ch. 46, par. 5-7)
 7        Sec.  5-7.  The  county  clerk shall provide a sufficient
 8    number of blank forms for the registration of electors  which
 9    shall  be  known as registration record cards and which shall
10    consist of loose leaf sheets or cards, of  suitable  size  to
11    contain  in  plain  writing  and figures the data hereinafter
12    required thereon  or  shall  consist  of  computer  cards  of
13    suitable  nature  to  contain the data required thereon.  The
14    registration record cards, which shall include  an  affidavit
15    of registration as hereinafter provided, shall be executed in
16    duplicate.
17        The  registration record card shall contain the following
18    and such other information as the county clerk may  think  it
19    proper to require for the identification of the applicant for
20    registration:
21        Name.   The  name  of  the  applicant, giving surname and
22    first or Christian name in full, and the middle name  or  the
23    initial for such middle name, if any.
24        Sex.
25        Residence.  The name and number of the street, avenue, or
26    other location of the dwelling, including the apartment, unit
27    or  room number, if any, and in the case of a mobile home the
28    lot  number,  and  such   additional   clear   and   definite
29    description  as  may  be  necessary  to  determine  the exact
30    location  of  the  dwelling  of  the   applicant,   including
31    post-office  mailing  address.  In  the  case  of  a homeless
32    individual, the individual's voting residence that is his  or
33    her   mailing  address  shall  be  included  on  his  or  her
 
SB745 Engrossed             -53-               LRB9101253EGfg
 1    registration record card.
 2        Term of residence  in  the  State  of  Illinois  and  the
 3    precinct.   Which  questions may be answered by the applicant
 4    stating, in excess of 30 days in the State and in  excess  of
 5    30 days in the precinct.
 6        Nativity.   The  State  or country in which the applicant
 7    was born.
 8        Citizenship.  Whether the applicant  is  native  born  or
 9    naturalized.  If  naturalized,  the  court, place and date of
10    naturalization.
11        Date of application  for  registration,  i.e.,  the  day,
12    month   and   year   when  applicant  presented  himself  for
13    registration.
14        Age.  Date of birth, by month, day and year.
15        Physical disability of the applicant, if any, at the time
16    of registration, which would require assistance in voting.
17        The county and state in  which  the  applicant  was  last
18    registered.
19        Signature   of   voter.    The   applicant,   after   the
20    registration  and  in  the  presence of a deputy registrar or
21    other officer of registration shall be required to  sign  his
22    or  her  name  in  ink  to  the affidavit on the original and
23    duplicate registration record card.
24        Signature of Deputy Registrar.
25        In case applicant is unable to  sign  his  name,  he  may
26    affix  his  mark  to the affidavit.  In such case the officer
27    empowered  to  give  the  registration  oath  shall  write  a
28    detailed description of the applicant in the  space  provided
29    at  the  bottom  of  the  card  or  sheet;  and shall ask the
30    following questions and record the answers thereto:
31        Father's first name .......................
32        Mother's first name .......................
33        From what address did you last register?
34        Reason for inability to sign name.
 
SB745 Engrossed             -54-               LRB9101253EGfg
 1        Each applicant for registration shall make  an  affidavit
 2    in substantially the following form:
 3                      AFFIDAVIT OF REGISTRATION
 4    State of Illinois)
 5                     )ss
 6    County of        )
 7        I  hereby  swear  (or  affirm) that I am a citizen of the
 8    United States; that on the date of the next election I  shall
 9    have  resided  in  the  State of Illinois and in the election
10    precinct in which I reside 30 days; that I am fully qualified
11    to vote.  That I  intend  that  this  location  shall  be  my
12    residence and that the above statements are true.
13                                   ..............................
14                                   (His or her signature or mark)
15        Subscribed  and sworn to before me on (insert date). this
16    .... day of...., 19...
17    .........................................
18        Signature of Registration Officer.
19    (To be signed in presence of Registrant.)

20        Space  shall  be  provided  upon   the   face   of   each
21    registration  record  card  for  the  notation  of the voting
22    record of the person registered thereon.
23        Each registration record card shall be numbered according
24    to towns and precincts, wards, cities and  villages,  as  the
25    case  may  be,  and  may  be serially or otherwise marked for
26    identification  in  such  manner  as  the  county  clerk  may
27    determine.
28        The registration cards shall be deemed public records and
29    shall be open to inspection during  regular  business  hours,
30    except during the 28 days immediately preceding any election.
31    On written request of any candidate or objector or any person
32    intending  to  object  to  a petition, the election authority
33    shall extend its hours for inspection of  registration  cards
34    and other records of the election authority during the period
 
SB745 Engrossed             -55-               LRB9101253EGfg
 1    beginning  with  the filing of petitions under Sections 7-10,
 2    8-8, 10-6 or 28-3 and continuing through the  termination  of
 3    electoral  board  hearings  on  any  objections  to petitions
 4    containing   signatures   of   registered   voters   in   the
 5    jurisdiction of the election authority. The  extension  shall
 6    be  for  a  period  of  hours  sufficient  to  allow adequate
 7    opportunity for examination of the records but  the  election
 8    authority  is  not  required  to  extend its hours beyond the
 9    period beginning at  its  normal  opening  for  business  and
10    ending  at  midnight.  If the business hours are so extended,
11    the election authority shall post a  public  notice  of  such
12    extended   hours.  Registration  record  cards  may  also  be
13    inspected, upon approval of the  officer  in  charge  of  the
14    cards, during the 28 days immediately preceding any election.
15    Registration record cards shall also be open to inspection by
16    certified  judges  and  poll  watchers and challengers at the
17    polling place  on  election  day,  but  only  to  the  extent
18    necessary  to determine the question of the right of a person
19    to vote or to serve as a judge of election. At no time  shall
20    poll  watchers or challengers be allowed to physically handle
21    the registration record cards.
22        Updated copies of computer tapes  or  computer  discs  or
23    other electronic data processing information containing voter
24    registration  information  shall  be  furnished by the county
25    clerk within 10 days after December 15 and May 15  each  year
26    to  the  State Board of Elections in a form prescribed by the
27    Board.  Registration information shall include,  but  not  be
28    limited to, the following information:  name, sex, residence,
29    telephone   number,   if  any,  age,  party  affiliation,  if
30    applicable,   precinct,   ward,   township,    county,    and
31    representative,  legislative and congressional districts.  In
32    the event of noncompliance, the State Board of  Elections  is
33    directed   to   obtain   compliance   forthwith   with   this
34    nondiscretionary   duty   of   the   election   authority  by
 
SB745 Engrossed             -56-               LRB9101253EGfg
 1    instituting legal proceedings in the  circuit  court  of  the
 2    county   in   which  the  election  authority  maintains  the
 3    registration information.  The costs  of  furnishing  updated
 4    copies  of  tapes or discs shall be paid at a rate of $.00034
 5    per name of registered voters in the  election  jurisdiction,
 6    but not less than $50 per tape or disc and shall be paid from
 7    appropriations  made  to  the  State  Board  of Elections for
 8    reimbursement to the election authority for such purpose. The
 9    Board shall  furnish  copies  of  such  tapes,  discs,  other
10    electronic  data  or  compilations thereof to state political
11    committees  registered  pursuant  to  the  Illinois  Campaign
12    Finance Act or the Federal Election  Campaign  Act  at  their
13    request and at a reasonable cost.  Copies of the tapes, discs
14    or  other  electronic  data  shall be furnished by the county
15    clerk to local political committees at their request and at a
16    reasonable cost.  Reasonable cost of  the  tapes,  discs,  et
17    cetera for this purpose would be the cost of duplication plus
18    15%   for  administration.   The  individual  representing  a
19    political committee requesting copies  of  such  tapes  shall
20    make  a  sworn  affidavit  that the information shall be used
21    only for bona fide political purposes, including  by  or  for
22    candidates  for  office  or  incumbent  office  holders. Such
23    tapes, discs or other electronic data shall not be used under
24    any circumstances by any political committee  or  individuals
25    for  purposes  of  commercial  solicitation or other business
26    purposes.   If  such  tapes  contain  information  on  county
27    residents related to the operations of county  government  in
28    addition  to registration information, that information shall
29    not  be  used  under   any   circumstances   for   commercial
30    solicitation  or other business purposes.  The prohibition in
31    this Section against using the  computer  tapes  or  computer
32    discs   or   other  electronic  data  processing  information
33    containing voter registration  information  for  purposes  of
34    commercial  solicitation  or other business purposes shall be
 
SB745 Engrossed             -57-               LRB9101253EGfg
 1    prospective only from the effective date of this amended  Act
 2    of  1979.    Any  person who violates this provision shall be
 3    guilty of a Class 4 felony.
 4        The State Board of Elections shall promulgate, by October
 5    1, 1987, such regulations  as  may  be  necessary  to  ensure
 6    uniformity throughout the State in electronic data processing
 7    of  voter  registration  information.   The regulations shall
 8    include, but need  not  be  limited  to,  specifications  for
 9    uniform medium, communications protocol and file structure to
10    be  employed by the election authorities of this State in the
11    electronic data processing of voter registration information.
12    Each election authority utilizing electronic data  processing
13    of  voter  registration  information  shall  comply with such
14    regulations on and after May 15, 1988.
15        If the applicant for registration was last registered  in
16    another  county  within  this  State,  he  shall  also sign a
17    certificate   authorizing   cancellation   of   the    former
18    registration.  The  certificate shall be in substantially the
19    following form:
20    To the County Clerk of .... County, Illinois. To the Election
21    Commission of the City of ...., Illinois.
22        This is to certify that I am registered in your  (county)
23    (city) and that my residence was .....
24        Having  moved  out  of  your  (county)  (city),  I hereby
25    authorize you to cancel said registration in your office.
26    Dated at  ....  Illinois,  on  (insert  date).  this....  day
27    of...., 19...
28                                             ....................
29                                             (Signature of Voter)
30          Attest ......, County Clerk, ........ County, Illinois.
31        The  cancellation certificate shall be mailed immediately
32    by  the  county  clerk  to  the  county  clerk  (or  election
33    commission as the  case  may  be)  where  the  applicant  was
34    formerly  registered.  Receipt  of  such certificate shall be
 
SB745 Engrossed             -58-               LRB9101253EGfg
 1    full authority for cancellation of any previous registration.
 2    (Source: P.A. 86-873; 86-1348; 87-1241; revised 10-20-98.)

 3        (10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
 4        Sec. 5-9.  Except as herein provided, no person shall  be
 5    registered  unless  he  applies  in  person  to  registration
 6    officer,  answers  such relevant questions as may be asked of
 7    him by the registration officer, and executes  the  affidavit
 8    of  registration.  The registration officer shall require the
 9    applicant to furnish two forms of identification, and  except
10    in  the  case  of  a  homeless  individual, one of which must
11    include  his  or  her  residence  address.   These  forms  of
12    identification shall include, but not be limited to,  any  of
13    the following: driver's license, social security card, public
14    aid  identification  card,  utility bill, employee or student
15    identification card,  credit  card,  or  a  civic,  union  or
16    professional  association  membership card.  The registration
17    officer  shall  require  a  homeless  individual  to  furnish
18    evidence of his or her use of  the  mailing  address  stated.
19    This  use may be demonstrated by a piece of mail addressed to
20    that  individual  and  received  at  that  address  or  by  a
21    statement from  a  person  authorizing  use  of  the  mailing
22    address.   The   registration   officer  shall  require  each
23    applicant for registration to read or have read  to  him  the
24    affidavit  of  registration  before permitting him to execute
25    the affidavit.
26        One of the Deputy Registrars, the Judge of  Registration,
27    or  an Officer of Registration, County Clerk, or clerk in the
28    office of the County Clerk, shall administer to  all  persons
29    who  shall personally apply to register the following oath or
30    affirmation:
31        "You do solemnly swear (or affirm) that  you  will  fully
32    and  truly  answer  all such questions as shall be put to you
33    touching your place of residence, name, place of birth,  your
 
SB745 Engrossed             -59-               LRB9101253EGfg
 1    qualifications  as  an  elector  and  your  right  as such to
 2    register and vote under the laws of the State of Illinois."
 3        The Registration Officer shall satisfy himself that  each
 4    applicant  for  registration  is qualified to register before
 5    registering him.  If the registration officer has  reason  to
 6    believe  that  the applicant is a resident of a Soldiers' and
 7    Sailors' Home or any facility which is licensed or  certified
 8    pursuant to the Nursing Home Care Act, the following question
 9    shall  be  put,  "When  you  entered  the  home which is your
10    present address, was it your bona fide intention to become  a
11    resident thereof?"  Any voter of a township, city, village or
12    incorporated  town  in which such applicant resides, shall be
13    permitted  to  be  present   at   the   place   of   precinct
14    registration,  and  shall  have  the  right  to challenge any
15    applicant who applies to be registered.
16        In case the officer is not satisfied that  the  applicant
17    is  qualified,  he  shall  forthwith  in  writing notify such
18    applicant to  appear  before  the  County  Clerk  to  furnish
19    further  proof  of his qualifications.  Upon the card of such
20    applicant shall be written the word "Incomplete" and no  such
21    applicant shall be permitted to vote unless such registration
22    is  satisfactorily  completed  as  hereinafter  provided.  No
23    registration shall be taken and  marked  as  "incomplete"  if
24    information  to  complete  it can be furnished on the date of
25    the original application.
26        Any person claiming to be  an  elector  in  any  election
27    precinct in such township, city, village or incorporated town
28    and  whose  registration  is marked "Incomplete" may make and
29    sign an application in writing, under  oath,  to  the  County
30    Clerk in substance in the following form:
31        "I  do solemnly swear that I, ..........,  did on (insert
32    date) ........... make application to the Board  of  Registry
33    of the ........ precinct of ........ ward of the City of ....
34    or of the ......... District ......... Town of .......... (or
 
SB745 Engrossed             -60-               LRB9101253EGfg
 1    to  the  County  Clerk  of  .............)  and  ............
 2    County;  that  said  Board  or  Clerk  refused to complete my
 3    registration as a qualified voter in said  precinct,  that  I
 4    reside  in  said precinct (or that I intend to reside in said
 5    precinct), am a duly qualified voter and entitled to vote  in
 6    said precinct at the next election.
 7                                      ...........................
 8                                        (Signature of Applicant)"
 9        All  such  applications  shall be presented to the County
10    Clerk by the applicant, in person between the hours  of  nine
11    o'clock  a.m. and five o'clock p.m., on Monday and Tuesday of
12    the third week subsequent to the weeks in which the 1961  and
13    1962 precinct re-registrations are to be held, and thereafter
14    for  the  registration  provided  in  Section  5-17  of  this
15    Article,  all  such  applications  shall  be presented to the
16    County Clerk by the applicant in person between the hours  of
17    nine o'clock a.m. and nine o'clock p.m. on Monday and Tuesday
18    of the third week prior to the date on which such election is
19    to be held.
20        Any  otherwise  qualified  person  who is absent from his
21    county of residence either due  to  business  of  the  United
22    States  or  because he is temporarily outside the territorial
23    limits of the United States may become registered by  mailing
24    an  application  to  the  county  clerk within the periods of
25    registration provided for in this Article or by  simultaneous
26    application  for absentee registration and absentee ballot as
27    provided in Article 20 of this Code.
28        Upon receipt of such application the county  clerk  shall
29    immediately  mail  an affidavit of registration in duplicate,
30    which affidavit shall contain the following  and  such  other
31    information  as  the  State  Board  of Elections may think it
32    proper to require for the identification of the applicant:
33        Name.  The name of  the  applicant,  giving  surname  and
34    first  or  Christian name in full, and the middle name or the
 
SB745 Engrossed             -61-               LRB9101253EGfg
 1    initial for such middle name, if any.
 2        Sex.
 3        Residence.  The name and number of the street, avenue  or
 4    other location of the dwelling, and such additional clear and
 5    definite  description  as  may  be necessary to determine the
 6    exact location of the dwelling of the applicant.   Where  the
 7    location  cannot be determined by street and number, then the
 8    Section, congressional township and range number may be used,
 9    or such other information as may be necessary, including post
10    office mailing address.
11        Term of residence  in  the  State  of  Illinois  and  the
12    precinct.
13        Nativity.   The  State  or country in which the applicant
14    was born.
15        Citizenship.  Whether the applicant  is  native  born  or
16    naturalized.  If  naturalized,  the  court, place and date of
17    naturalization.
18        Age.  Date of birth, by month, day and year.
19        Out of State address of ..........................
20                      AFFIDAVIT OF REGISTRATION
21    State of .........)
22                      )ss
23    County of ........)
24        I hereby swear (or affirm) that I am  a  citizen  of  the
25    United  States;  that on the day of the next election I shall
26    have resided in the State of Illinois for 6 months and in the
27    election precinct 30 days; that I am fully qualified to vote,
28    that I am not registered to vote anywhere else in the  United
29    States,  that  I  intend to remain a resident of the State of
30    Illinois and of the  election  precinct,  that  I  intend  to
31    return   to  the  State  of  Illinois,  and  that  the  above
32    statements are true.
33                                   ..............................
34                                   (His or her signature or mark)
 
SB745 Engrossed             -62-               LRB9101253EGfg
 1        Subscribed and sworn to before me, an  officer  qualified
 2    to  administer  oaths,  on  (insert date). this ...... day of
 3    ..... 19 ...
 4                         ........................................
 5                         Signature of officer administering oath.

 6        Upon receipt  of  the  executed  duplicate  affidavit  of
 7    Registration, the county clerk shall transfer the information
 8    contained  thereon  to  duplicate Registration Cards provided
 9    for in Section 5-7 of this Article and shall attach thereto a
10    copy of each of the duplicate affidavit of  registration  and
11    thereafter   such   registration  card  and  affidavit  shall
12    constitute the registration of such person the same as if  he
13    had applied for registration in person.
14    (Source: P.A. 86-820; 87-1241; revised 10-20-98.)

15        (10 ILCS 5/5-15) (from Ch. 46, par. 5-15)
16        Sec.  5-15.   Any  voter or voters in the township, city,
17    village, or incorporated town containing such  precinct,  and
18    any  precinct  committeeman  in  the county, may, between the
19    hours of nine o'clock a.m. and six o'clock p.m. of the Monday
20    and Tuesday of the third week immediately preceding the  week
21    in  which such April 10, 1962 Primary Election is to be held,
22    make application in writing, before  such  County  Clerk,  to
23    have  any  name  upon  such  register of any precinct erased.
24    Thereafter such application shall be made between  the  hours
25    of  nine  o'clock  a.m.  and  six  o'clock p.m. of Monday and
26    Tuesday of the second week prior to the  week  in  which  any
27    county,   city,   village,  township,  or  incorporated  town
28    election is  to  be  held.   Such  application  shall  be  in
29    substance, in the words and figures following:
30        "I,  being  a  qualified  voter, registered from No. ....
31    Street in the .... precinct of the  ....  Ward  of  the  city
32    (village  or town of .... ) of the .... District .... town of
33    ....  do  hereby  solemnly  swear  (or  affirm)   that   ....
 
SB745 Engrossed             -63-               LRB9101253EGfg
 1    registered  from  No. .... Street is not a qualified voter in
 2    the .... precinct of the .... ward of the  city  (village  or
 3    town)  of  ....  or of the .... district town of .... hence I
 4    ask that his  name  be  erased  from  the  register  of  such
 5    precinct  for the following reason ..... Affiant further says
 6    that he has personal knowledge of the facts set forth in  the
 7    above affidavit.
 8                           (Signed) .....
 9        Subscribed  and sworn to before me on (insert date). this
10    .... day of ...., 19...
11                                ....
12                                ....
13                                ...."
14        Such application shall be signed  and  sworn  to  by  the
15    applicant before the County Clerk or any Deputy authorized by
16    the  County Clerk for that purpose, and filed with the Clerk.
17    Thereupon notice of such application, with a demand to appear
18    before the County Clerk and show cause why his name shall not
19    be erased from the  register,  shall  be  mailed  by  special
20    delivery,  duly  stamped and directed, to such person, to the
21    address upon said register at least 4  days  before  the  day
22    fixed in said notice to show cause.
23        A  like  notice  shall be mailed to the person or persons
24    making the application to have the name  upon  such  register
25    erased  to  appear  and  show  cause  why  the name should be
26    erased, the notice to set  out  the  day  and  hour  of  such
27    hearing. If the voter making such application fails to appear
28    before  the Clerk at the time set for the hearing as fixed in
29    the said notice or fails to show cause why the name upon such
30    register shall be erased, the application may be dismissed by
31    the County Clerk.
32        Any voter making such application or  applications  shall
33    be  privileged  from  arrest while presenting the same to the
34    County Clerk, and whilst going  to  and  returning  from  the
 
SB745 Engrossed             -64-               LRB9101253EGfg
 1    office of the County Clerk.
 2    (Source: P.A. 84-551; revised 10-20-98.)

 3        (10 ILCS 5/5-29.01) (from Ch. 46, par. 5-29.01)
 4        Sec.  5-29.01.   The provisions of this Article 5, so far
 5    as they require the registration of voters as a condition  to
 6    their  being  allowed  to  vote  shall  not  apply to persons
 7    otherwise entitled to vote, who  are,  at  the  time  of  the
 8    election,  or  at  any  time  within  60  days  prior to such
 9    election, have been engaged in the military or naval  service
10    of  the  United  States,  and  who  appear  personally at the
11    polling place on election day and produce to  the  judges  of
12    election  satisfactory evidence thereof, but such persons, if
13    otherwise qualified to vote, shall be permitted  to  vote  at
14    such election without previous registration.
15        All such persons shall also make an affidavit which shall
16    be in substantially the following form:
17    "State of Illinois)
18                      )ss.
19    County of ........)
20                     .............. Precinct  .............. Ward
21        I,  ....,  do  solemnly  swear  (or  affirm), that I am a
22    citizen of the United States, of the age of 18 years or over,
23    and that within the past 60 days prior to the  date  of  this
24    election  at which I am applying to vote, I have been engaged
25    in the .... (military or naval) service of the United States;
26    and I am qualified  to  vote  under  and  by  virtue  of  the
27    Constitution and laws of the State of Illinois, and that I am
28    a  legally  qualified  voter of this precinct and ward except
29    that I have, because of such service, been unable to register
30    as a voter; that I now reside  at  ....  (insert  street  and
31    number,  if  any)  in  this  precinct  and  ward, that I have
32    maintained a legal residence in this precinct and ward for 30
33    days and in the State 30 days next preceding this election.
 
SB745 Engrossed             -65-               LRB9101253EGfg
 1                                      ...........................
 2        Subscribed and sworn to before me on (insert date).  this
 3    ....  day of ...., 19...
 4                                      ...........................
 5                                              Judge of Election."

 6        The  affidavit  of  any such person shall be supported by
 7    the affidavit of a resident and qualified voter of  any  such
 8    precinct  and ward, which affidavit shall be in substantially
 9    the following form:
10    "State of Illinois)
11                      )ss.
12    County of ........)
13                        ............. Precinct   ........... Ward
14        I, ...., do solemnly swear  (or  affirm),  that  I  am  a
15    resident  of  this  precinct and ward and entitled to vote at
16    this election; that I am acquainted with ....  (name  of  the
17    applicant);  that  I  verily believe him to be an actual bona
18    fide resident of this precinct and ward  and  that  I  verily
19    believe  that  he has maintained a legal residence therein 30
20    days and in this State 30 days next preceding this election.
21                                              ...................
22        Subscribed and sworn to before me on (insert date).  this
23    .... day of ...., 19...
24                                              ...................
25                                              Judge of Election."
26        The  provisions of this Article 5, so far as they require
27    the registration of voters as  a  condition  to  their  being
28    allowed to vote shall not apply to persons otherwise entitled
29    to  vote  who  have  made  and  subscribed  to  the affidavit
30    provided in paragraph (b) of Section 17-10 of this Act.
31    (Source: P.A. 84-551; revised 10-20-98.)

32        (10 ILCS 5/6-29) (from Ch. 46, par. 6-29)
33        Sec. 6-29. For the purpose of  registering  voters  under
 
SB745 Engrossed             -66-               LRB9101253EGfg
 1    this   Article,   the   office   of  the  Board  of  Election
 2    Commissioners shall be open during ordinary business hours of
 3    each week day, from 9 a.m. to 12 o'clock  noon  on  the  last
 4    four Saturdays immediately preceding the end of the period of
 5    registration preceding each election, and such other days and
 6    such  other times as the board may direct. During the 28 days
 7    immediately  preceding  any  election  there  shall   be   no
 8    registration of voters at the office of the Board of Election
 9    Commissioners  in  cities, villages and incorporated towns of
10    fewer than 200,000  inhabitants.   In  cities,  villages  and
11    incorporated  towns  of  200,000  or  more inhabitants, there
12    shall be no registration of voters at the office of the Board
13    of Election Commissioners  during  the  35  days  immediately
14    preceding  any election; provided, however, where no precinct
15    registration is being conducted prior to  any  election  then
16    registration  may  be  taken in the office of the Board up to
17    and including the 29th day prior to such election.  The Board
18    of Election Commissioners may set up and  establish  as  many
19    branch  offices for the purpose of taking registrations as it
20    may deem necessary, and the branch offices may be open on any
21    or all dates and hours  during  which  registrations  may  be
22    taken  in  the main office. All officers and employees of the
23    Board of Election Commissioners who are  authorized  by  such
24    board  to  take  registrations  under  this  Article shall be
25    considered officers  of  the  circuit  court,  and  shall  be
26    subject to the same control as is provided by Section 14-5 of
27    this Act with respect to judges of election.
28        In any election called for the submission of the revision
29    or  alteration  of,  or  the  amendments to the Constitution,
30    submitted by a Constitutional Convention, the final  day  for
31    registration  at the office of the election authority charged
32    with the printing of the ballot of this election shall be the
33    15th day prior to the date of election.
34        The Board of Election Commissioners shall appoint one  or
 
SB745 Engrossed             -67-               LRB9101253EGfg
 1    more registration teams, consisting of 2 of its employees for
 2    each  team,  for the purpose of accepting the registration of
 3    any voter who files  an  affidavit,  within  the  period  for
 4    taking registrations provided for in this article, that he is
 5    physically  unable to appear at the office of the Board or at
 6    any appointed place of registration.  On the day or days when
 7    a precinct registration is being conducted such  teams  shall
 8    consist  of  one  member from each of the 2 leading political
 9    parties who are serving on the Precinct  Registration  Board.
10    Each  team so designated shall visit each disabled person and
11    shall accept the registration of such person the same  as  if
12    he had applied for registration in person.
13        Any  otherwise  qualified  person  who is absent from his
14    county of residence due to business of the United States,  or
15    who is temporarily residing outside the territorial limits of
16    the  United States, may make application to become registered
17    by mail to the Board of  Election  Commissioners  within  the
18    periods  for  registration provided for in this Article or by
19    simultaneous  application  for  absentee   registration   and
20    absentee ballot as provided in Article 20 of this Code.
21        Upon  receipt  of  such application the Board of Election
22    Commissioners  shall  immediately  mail   an   affidavit   of
23    registration  in duplicate, which affidavit shall contain the
24    following and such other information as the  State  Board  of
25    Elections   may   think   it   proper   to  require  for  the
26    identification of the applicant:
27        Name.  The name of  the  applicant,  giving  surname  and
28    first  or  Christian name in full, and the middle name or the
29    initial for such middle name, if any.
30        Sex.
31        Residence.  The name and number of the street, avenue  or
32    other location of the dwelling, and such additional clear and
33    definite  description  as  may  be necessary to determine the
34    exact location of the dwelling of the applicant.   Where  the
 
SB745 Engrossed             -68-               LRB9101253EGfg
 1    location  cannot be determined by street and number, then the
 2    section, congressional township and range number may be used,
 3    or such other information as may be necessary, including post
 4    office mailing address.
 5        Term of residence  in  the  State  of  Illinois  and  the
 6    precinct.
 7        Nativity.   The  state  or country in which the applicant
 8    was born.
 9        Citizenship.  Whether the applicant  is  native  born  or
10    naturalized.  If  naturalized,  the  court, place and date of
11    naturalization.
12        Age.  Date of birth, by month, day and year.
13        Out of State address of ..................
14                        AFFIDAVIT OF REGISTRATION
15    State of .........)
16                      ) ss.
17    County of ........)
18        I hereby swear (or affirm) that I am  a  citizen  of  the
19    United  States;  that on the day of the next election I shall
20    have resided in the State of Illinois  and  in  the  election
21    precinct  30  days; that I am fully qualified to vote, that I
22    am not registered to vote anywhere else in the United States,
23    that I intend to remain a resident of the State of  Illinois,
24    and  of the election precinct, that I intend to return to the
25    State of Illinois, and that the above statements are true.
26                                   ..............................
27                                   (His or her signature or mark)
28        Subscribed and sworn to before me, an  officer  qualified
29    to  administer  oaths,  on (insert date). this ....... day of
30    ....... 19 .......
31                         ........................................
32                         Signature of officer administering oath.
33        Upon receipt  of  the  executed  duplicate  affidavit  of
34    Registration,  the  Board  of  Election  Commissioners  shall
 
SB745 Engrossed             -69-               LRB9101253EGfg
 1    transfer  the  information  contained  thereon  to  duplicate
 2    Registration  Cards  provided  for  in  Section  6-35 of this
 3    Article and shall attach  thereto  a  copy  of  each  of  the
 4    duplicate  affidavit  of  registration  and  thereafter  such
 5    registration   card   and   affidavit  shall  constitute  the
 6    registration of such person the same as if he had applied for
 7    registration in person.
 8    (Source: P.A. 81-953; revised 10-20-98.)

 9        (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
10        Sec. 6-35.  The Boards of  Election  Commissioners  shall
11    provide   a   sufficient   number  of  blank  forms  for  the
12    registration of electors which shall be known as registration
13    record cards and which shall consist of loose leaf sheets  or
14    cards,  of  suitable  size  to  contain  in plain writing and
15    figures  the  data  hereinafter  required  thereon  or  shall
16    consist of computer cards of suitable nature to  contain  the
17    data  required  thereon. The registration record cards, which
18    shall include an affidavit  of  registration  as  hereinafter
19    provided,  shall  be executed in duplicate.  The duplicate of
20    which may be a carbon copy of the original or a copy  of  the
21    original made by the use of other method or material used for
22    making simultaneous true copies or duplications.
23        The  registration record card shall contain the following
24    and  such  other  information  as  the  Board   of   Election
25    Commissioners   may  think  it  proper  to  require  for  the
26    identification of the applicant for registration:
27        Name.  The name of  the  applicant,  giving  surname  and
28    first  or  Christian name in full, and the middle name or the
29    initial for such middle name, if any.
30        Sex.
31        Residence.  The name and number of the street, avenue, or
32    other location of the dwelling, including the apartment, unit
33    or room number, if any, and in the case of a mobile home  the
 
SB745 Engrossed             -70-               LRB9101253EGfg
 1    lot   number,   and   such   additional  clear  and  definite
 2    description as  may  be  necessary  to  determine  the  exact
 3    location   of   the  dwelling  of  the  applicant,  including
 4    post-office mailing  address.  In  the  case  of  a  homeless
 5    individual,  the individual's voting residence that is his or
 6    her  mailing  address  shall  be  included  on  his  or   her
 7    registration record card.
 8        Term  of  residence  in  the  State  of  Illinois and the
 9    precinct.
10        Nativity.  The state or country in  which  the  applicant
11    was born.
12        Citizenship.   Whether  the  applicant  is native born or
13    naturalized. If naturalized, the court, place,  and  date  of
14    naturalization.
15        Date  of  application  for  registration,  i.e., the day,
16    month and year  when  the  applicant  presented  himself  for
17    registration.
18        Age.  Date of birth, by month, day and year.
19        Physical disability of the applicant, if any, at the time
20    of registration, which would require assistance in voting.
21        The  county  and  state  in  which the applicant was last
22    registered.
23        Signature of voter.  The  applicant,  after  registration
24    and in the presence of a deputy registrar or other officer of
25    registration shall be required to sign his or her name in ink
26    to  the  affidavit  on  both  the  original and the duplicate
27    registration record card.
28        Signature of deputy registrar.
29        In case applicant is unable to  sign  his  name,  he  may
30    affix   his   mark  to  the  affidavit.   In  such  case  the
31    registration officer shall write a  detailed  description  of
32    the applicant in the space provided at the bottom of the card
33    or  sheet;  and  shall ask the following questions and record
34    the answers thereto:
 
SB745 Engrossed             -71-               LRB9101253EGfg
 1        Father's first name .........................
 2        Mother's first name .........................
 3        From what address did you last register? ....
 4        Reason for inability to sign name ...........
 5        Each applicant for registration shall make  an  affidavit
 6    in substantially the following form:
 7                      AFFIDAVIT OF REGISTRATION
 8    State of Illinois  )
 9                       )ss
10    County of .......  )
11        I  hereby  swear  (or  affirm) that I am a citizen of the
12    United States, that on the day of the next election  I  shall
13    have  resided  in  the  State of Illinois and in the election
14    precinct 30 days and that I intend that this location  is  my
15    residence;  that  I  am fully qualified to vote, and that the
16    above statements are true.
17                                   ..............................
18                                   (His or her signature or mark)
19        Subscribed and sworn  to  before  me  on  (insert  date).
20    this.... day of...., 19...
21    ......................................
22        Signature of registration officer
23    (to be signed in presence of registrant).
24        Space   shall   be   provided   upon  the  face  of  each
25    registration record card  for  the  notation  of  the  voting
26    record of the person registered thereon.
27        Each registration record card shall be numbered according
28    to  wards  or  precincts,  as  the  case  may  be, and may be
29    serially or  otherwise  marked  for  identification  in  such
30    manner as the Board of Election Commissioners may determine.
31        The registration cards shall be deemed public records and
32    shall  be  open  to inspection during regular business hours,
33    except during the 28 days immediately preceding any election.
34    On written request of any candidate or objector or any person
 
SB745 Engrossed             -72-               LRB9101253EGfg
 1    intending to object to a  petition,  the  election  authority
 2    shall  extend  its hours for inspection of registration cards
 3    and other records of the election authority during the period
 4    beginning with the filing of petitions under  Sections  7-10,
 5    8-8,  10-6  or 28-3 and continuing through the termination of
 6    electoral board  hearings  on  any  objections  to  petitions
 7    containing   signatures   of   registered   voters   in   the
 8    jurisdiction  of  the election authority. The extension shall
 9    be for  a  period  of  hours  sufficient  to  allow  adequate
10    opportunity  for  examination of the records but the election
11    authority is not required to  extend  its  hours  beyond  the
12    period  beginning  at  its  normal  opening  for business and
13    ending at midnight. If the business hours  are  so  extended,
14    the  election  authority  shall  post a public notice of such
15    extended  hours.  Registration  record  cards  may  also   be
16    inspected,  upon  approval  of  the  officer in charge of the
17    cards, during the 28 days immediately preceding any election.
18    Registration record cards shall also be open to inspection by
19    certified judges and poll watchers  and  challengers  at  the
20    polling  place  on  election  day,  but  only  to  the extent
21    necessary to determine the question of the right of a  person
22    to vote or to serve as a judge of election. At no time  shall
23    poll  watchers or challengers be allowed to physically handle
24    the registration record cards.
25        Updated copies of computer tapes  or  computer  discs  or
26    other electronic data processing information containing voter
27    registration  information  shall be furnished by the Board of
28    Election Commissioners within 10 days after December  15  and
29    May  15  each  year to the State Board of Elections in a form
30    prescribed by  the  State  Board.   Registration  information
31    shall   include,   but  not  be  limited  to,  the  following
32    information:  name, sex, residence, telephone number, if any,
33    age,  party  affiliation,  if  applicable,  precinct,   ward,
34    township,   county,   and   representative,  legislative  and
 
SB745 Engrossed             -73-               LRB9101253EGfg
 1    congressional districts.  In the event of noncompliance,  the
 2    State  Board  of  Elections  is directed to obtain compliance
 3    forthwith with this nondiscretionary  duty  of  the  election
 4    authority  by  instituting  legal  proceedings in the circuit
 5    court of the county in which the election authority maintains
 6    the  registration  information.   The  costs  of   furnishing
 7    updated  copies  of tapes or discs shall be paid at a rate of
 8    $.00034  per  name  of  registered  voters  in  the  election
 9    jurisdiction, but not less than $50  per  tape  or  disc  and
10    shall  be paid from appropriations made to the State Board of
11    Elections for reimbursement to  the  election  authority  for
12    such  purpose.  The  State Board shall furnish copies of such
13    tapes, discs, other electronic data or  compilations  thereof
14    to  state  political  committees  registered  pursuant to the
15    Illinois  Campaign  Finance  Act  or  the  Federal   Election
16    Campaign  Act  at  their  request  and  at a reasonable cost.
17    Copies of the tapes, discs or other electronic data shall  be
18    furnished  by  the  Board  of Election Commissioners to local
19    political committees at their request  and  at  a  reasonable
20    cost.   Reasonable  cost  of  the tapes, discs, et cetera for
21    this purpose would be the cost of duplication  plus  15%  for
22    administration.   The  individual  representing  a  political
23    committee  requesting copies of such tapes shall make a sworn
24    affidavit that the information shall be used  only  for  bona
25    fide  political  purposes, including by or for candidates for
26    office or incumbent office  holders.  Such  tapes,  discs  or
27    other   electronic   data   shall   not  be  used  under  any
28    circumstances by any political committee or  individuals  for
29    purposes   of   commercial  solicitation  or  other  business
30    purposes.   If  such  tapes  contain  information  on  county
31    residents related to the operations of county  government  in
32    addition  to registration information, that information shall
33    not  be  used  under   any   circumstances   for   commercial
34    solicitation  or other business purposes.  The prohibition in
 
SB745 Engrossed             -74-               LRB9101253EGfg
 1    this Section against using the  computer  tapes  or  computer
 2    discs   or   other  electronic  data  processing  information
 3    containing voter registration  information  for  purposes  of
 4    commercial  solicitation  or other business purposes shall be
 5    prospective only from the effective date of this amended  Act
 6    of  1979.    Any  person who violates this provision shall be
 7    guilty of a Class 4 felony.
 8        The State Board of Elections shall promulgate, by October
 9    1, 1987, such regulations  as  may  be  necessary  to  ensure
10    uniformity throughout the State in electronic data processing
11    of  voter  registration  information.   The regulations shall
12    include, but need  not  be  limited  to,  specifications  for
13    uniform medium, communications protocol and file structure to
14    be  employed by the election authorities of this State in the
15    electronic data processing of voter registration information.
16    Each election authority utilizing electronic data  processing
17    of  voter  registration  information  shall  comply with such
18    regulations on and after May 15, 1988.
19        If the applicant for registration was last registered  in
20    another  county  within  this  State,  he  shall  also sign a
21    certificate   authorizing   cancellation   of   the    former
22    registration.  The  certificate shall be in substantially the
23    following form:
24    To the County Clerk of .... County, Illinois.
25    To the Election Commission of the City of ...., Illinois.
26        This is to certify that I am registered in your  (county)
27    (city)  and that my residence was .....   Having moved out of
28    your (county), (city), I hereby authorize you to cancel  that
29    registration in your office.
30        Dated  at  ...., Illinois, on (insert date). this.... day
31    of.... 19...
32                                             ....................
33                                             (Signature of Voter)
34        Attest ....,  Clerk,  Election  Commission  of  the  City
 
SB745 Engrossed             -75-               LRB9101253EGfg
 1    of...., Illinois.
 2        The  cancellation certificate shall be mailed immediately
 3    by the clerk of the Election Commission to the county  clerk,
 4    (or  Election  Commission  as  the  case  may  be)  where the
 5    applicant  was   formerly   registered.   Receipt   of   such
 6    certificate  shall  be full authority for cancellation of any
 7    previous registration.
 8    (Source: P.A. 86-873; 86-1348; 87-1241; revised 10-20-98.)

 9        (10 ILCS 5/6-44) (from Ch. 46, par. 6-44)
10        Sec. 6-44.  Any voter or voters in the ward,  village  or
11    incorporated  town containing such precinct, and any precinct
12    committeeman in the county, may, between the  hours  of  nine
13    o'clock a.m. and six p.m. of Monday and Tuesday of the second
14    week  prior  to the week in which such election is to be held
15    make application in writing, before such  board  of  election
16    commissioners,  to  have  any  name upon such register of any
17    precinct  erased.   However,  in  municipalities   having   a
18    population  of  more  than  500,000  and  having  a  board of
19    election commissioners (except as otherwise provided for such
20    municipalities in Section 6-60 of this Article)  and  in  all
21    cities,   villages   and   incorporated   towns   within  the
22    jurisdiction of such board, such application  shall  be  made
23    between  the  hours of nine o'clock a.m. and six o'clock p.m.
24    of Monday and Tuesday of the second week prior to the week in
25    which such election is to be held.   Such  application  shall
26    be, in substance, in the words and figures following:
27        "I  being  a  qualified  voter,  registered from No. ....
28    street in the .... precinct of the  ....  ward  of  the  city
29    (village  or  town)  of  ....  do  hereby  solemnly swear (or
30    affirm) that I have personal knowledge that  ....  registered
31    from  No.  ....  street  is not a qualified voter in the ....
32    precinct of the .... ward of the city (village  or  town)  of
33    ....  and  hence  I  ask  that  his  name  be erased from the
 
SB745 Engrossed             -76-               LRB9101253EGfg
 1    register of such precinct for the following reason ....
 2        Affiant further says that he has  personal  knowledge  of
 3    the facts set forth in the above affidavit.
 4                            (Signed)....
 5        Subscribed  and  sworn  to  before  me  on (insert date).
 6    this.... day of...., 19...
 7                                ....
 8                                ...."
 9        Such application shall be signed  and  sworn  to  by  the
10    applicant before any member of the board or the clerk thereof
11    and  filed  with  said  board.    Thereupon  notice  of  such
12    application,  with  a  demand  to  appear before the board of
13    election commissioners and show cause why his name shall  not
14    be erased from said register, shall be personally served upon
15    such  person  or  left at his place of residence indicated in
16    such register, or in the case of a  homeless  individual,  at
17    his  or  her mailing address, by a messenger of said board of
18    election commissioners, and, as to the  manner  and  time  of
19    serving  such notice such messenger shall make affidavit; the
20    messenger shall also make affidavit of the fact  in  case  he
21    cannot  find  such person or his place of residence, and that
22    he went to the place named on such register  as  his  or  her
23    place of residence.  Such notice shall be served at least one
24    day before the time fixed for such party to show cause.
25        The  commissioners  shall  also  cause  a  like notice or
26    demand to be sent by mail duly stamped and directed, to  such
27    person,  to  the  address  upon  the register at least 2 days
28    before the day fixed in the notice to show cause.
29        A like notice shall be served on the  person  or  persons
30    making  the  application  to have the name upon such register
31    erased to appear and  show  cause  why  said  name  shall  be
32    erased,  the  notice  to  set  out  the  day and hour of such
33    hearing. If the voter making such application fails to appear
34    before said board at the time set for the hearing as fixed in
 
SB745 Engrossed             -77-               LRB9101253EGfg
 1    the notice or fails to show cause  why  the  name  upon  such
 2    register shall be erased, the application may be dismissed by
 3    the board.
 4        Any  voter  making such application or applications shall
 5    be privileged from arrest while presenting the  same  to  the
 6    board  of  election  commissioners,  and  while  going to and
 7    returning from the board of election commissioners.
 8    (Source: P.A. 87-1241; revised 10-20-98.)

 9        (10 ILCS 5/6-67.01) (from Ch. 46, par. 6-67.01)
10        Sec. 6-67.01.  The provisions of this Article 6,  so  far
11    as  they require the registration of voters as a condition to
12    their being allowed  to  vote  shall  not  apply  to  persons
13    otherwise  entitled  to  vote,  who  are,  at the time of the
14    election, or at  any  time  within  60  days  prior  to  such
15    election  have  been engaged in the military or naval service
16    of the United  States,  and  who  appear  personally  at  the
17    polling  place  on  election day and produce to the judges of
18    election satisfactory evidence thereof, but such persons,  if
19    otherwise  qualified  to  vote, shall be permitted to vote at
20    such election without previous registration.
21        All such persons shall also make an affidavit which shall
22    be in substantially the following form:
23    "State of Illinois)
24                      )ss.
25    County of ........)
26                            ............ Precinct   ........ Ward
27        I, ...., do solemnly swear  (or  affirm),  that  I  am  a
28    citizen of the United States, of the age of 18 years or over,
29    and  that  within  the past 60 days prior to the date of this
30    election at which I am applying to vote, I have been  engaged
31    in the .... (military or naval) service of the United States;
32    and  I  am  qualified  to  vote  under  and  by virtue of the
33    Constitution and laws of the State of Illinois, and that I am
 
SB745 Engrossed             -78-               LRB9101253EGfg
 1    a legally qualified voter of this precinct  and  ward  except
 2    that I have, because of such service, been unable to register
 3    as  a  voter;  that  I  now reside at .... (insert street and
 4    number, if any) in this precinct and ward, and  that  I  have
 5    maintained a legal residence in this precinct and ward for 30
 6    days and in the State 30 days next preceding this election.
 7                                              ...................
 8        Subscribed  and sworn to before me on (insert date). this
 9    ....  day of ...., 19...
10                                              ...................
11                                              Judge of Election."

12        The affidavit of any such person shall  be  supported  by
13    the  affidavit  of  a  resident  and  qualified voter of such
14    precinct and ward, which affidavit shall be in  substantially
15    the following form:
16    "State of Illinois)
17                      )ss.
18    County of ........)
19                           ............ Precinct    ........ Ward
20        I,  ...,  do  solemnly  swear  (or  affirm),  that I am a
21    resident of this precinct and ward and entitled  to  vote  at
22    this  election;  that  I am acquainted with .... (name of the
23    applicant); that I verily believe him to be  an  actual  bona
24    fide  resident  of  this  precinct and ward and that I verily
25    believe that he has maintained a legal residence  therein  30
26    days and in this State 30 days next preceding this election.
27                                              ...................
28        Subscribed  and sworn to before me on (insert date). this
29    ....  day of ...., 19...
30                                              ...................
31                                              Judge of Election."
32        The provisions of this Article 6, so far as they  require
33    the  registration  of  voters  as  a condition to their being
34    allowed to vote shall not apply to persons otherwise entitled
 
SB745 Engrossed             -79-               LRB9101253EGfg
 1    to vote  who  have  made  and  subscribed  to  the  affidavit
 2    provided in paragraph (b) of Section 17-10 of this Act.
 3    (Source: P.A. 84-551; revised 10-20-98.)

 4        (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
 5        Sec.  7-10.  The  name of no candidate for nomination, or
 6    State central  committeeman,  or  township  committeeman,  or
 7    precinct  committeeman, or ward committeeman or candidate for
 8    delegate  or  alternate  delegate  to   national   nominating
 9    conventions,  shall be printed upon the primary ballot unless
10    a petition for nomination has been filed  in  his  behalf  as
11    provided in this Article in substantially the following form:
12        We,  the  undersigned, members of and affiliated with the
13    .... party and qualified primary electors of the ....  party,
14    in  the  ....  of  ....,  in  the county of .... and State of
15    Illinois, do hereby petition that the following named  person
16    or  persons  shall  be  a candidate or candidates of the ....
17    party for the nomination for (or in case of committeemen  for
18    election  to) the office or offices hereinafter specified, to
19    be voted for at the primary election to be  held  on  (insert
20    date). the .... day of ...., ....
21             Name             Office                Address
22        John Jones           Governor           Belvidere, Ill.
23       Thomas Smith      Attorney General        Oakland, Ill.
24    Name..................         Address.......................
25    State of Illinois)
26                     ) ss.
27    County of........)
28        I,  ....,  do hereby certify that I am a registered voter
29    and have  been  a  registered  voter  at  all  times  I  have
30    circulated  this  petition, that I reside at No. .... street,
31    in the .... of ...., county of ...., and State  of  Illinois,
32    and  that  the  signatures  on  this  sheet were signed in my
33    presence, and are  genuine,  and  that  to  the  best  of  my
 
SB745 Engrossed             -80-               LRB9101253EGfg
 1    knowledge  and belief the persons so signing were at the time
 2    of signing the petitions qualified voters of the ....  party,
 3    and that their respective residences are correctly stated, as
 4    above set forth.
 5                                        .........................
 6        Subscribed  and sworn to before me on (insert date). this
 7    .... day of ...., ....
 8                                        .........................

 9        Each sheet of the petition other than  the  statement  of
10    candidacy  and candidate's statement shall be of uniform size
11    and  shall  contain  above  the  space  for   signatures   an
12    appropriate  heading  giving  the  information  as to name of
13    candidate or candidates, in whose  behalf  such  petition  is
14    signed; the office, the political party represented and place
15    of  residence;  and  the  heading  of each sheet shall be the
16    same.
17        Such  petition  shall  be  signed  by  qualified  primary
18    electors residing in the political  division  for  which  the
19    nomination  is  sought  in  their own proper persons only and
20    opposite the signature of each signer, his residence  address
21    shall  be written or printed.  The residence address required
22    to be written or  printed  opposite  each  qualified  primary
23    elector's  name  shall  include  the  street address or rural
24    route number of the signer, as the case may be,  as  well  as
25    the  signer's  city,  village  or town. However the county or
26    city, village or town, and state of residence of the electors
27    may be printed  on  the  petition  forms  where  all  of  the
28    electors  signing  the  petition reside in the same county or
29    city, village or town, and state. Standard abbreviations  may
30    be  used  in  writing the residence address, including street
31    number, if any.  At the bottom of each sheet of such petition
32    shall be added a statement signed by a  registered  voter  of
33    the  political  division,  who has been a registered voter at
34    all times he or she circulated the petition,  for  which  the
 
SB745 Engrossed             -81-               LRB9101253EGfg
 1    candidate is seeking a nomination, stating the street address
 2    or  rural  route  number of the voter, as the case may be, as
 3    well as the voter's city, village  or  town;  and  certifying
 4    that the signatures on that sheet of the petition were signed
 5    in his presence; and either (1) indicating the dates on which
 6    that  sheet  was  circulated, or (2) indicating the first and
 7    last  dates  on  which  the  sheet  was  circulated,  or  (3)
 8    certifying that none of the  signatures  on  the  sheet  were
 9    signed  more  than  90  days  preceding  the last day for the
10    filing of the petition, or more than 45  days  preceding  the
11    last  day for filing of the petition in the case of political
12    party and independent candidates for single  or  multi-county
13    regional  superintendents  of  schools  in  the  1994 general
14    primary election; and certifying that the signatures  on  the
15    sheet  are  genuine,  and  certifying that to the best of his
16    knowledge  and belief the persons so signing were at the time
17    of signing the petitions qualified voters  of  the  political
18    party  for which a nomination is sought. Such statement shall
19    be sworn to before  some  officer  authorized  to  administer
20    oaths in this State.
21        No  petition  sheet shall be circulated more than 90 days
22    preceding the last day  provided  in  Section  7-12  for  the
23    filing  of  such petition, or more than 45 days preceding the
24    last day for filing of the petition in the case of  political
25    party  and  independent candidates for single or multi-county
26    regional superintendents  of  schools  in  the  1994  general
27    primary election.
28        The  person circulating the petition, or the candidate on
29    whose behalf the  petition  is  circulated,  may  strike  any
30    signature from the petition, provided that;
31             (1)  the person striking the signature shall initial
32        the  petition at the place where the signature is struck;
33        and
34             (2)  the person striking the signature shall sign  a
 
SB745 Engrossed             -82-               LRB9101253EGfg
 1        certification  listing the page number and line number of
 2        each  signature   struck   from   the   petition.    Such
 3        certification shall be filed as a part of the petition.
 4        Such  sheets  before being filed shall be neatly fastened
 5    together in book form, by placing the sheets in  a  pile  and
 6    fastening  them together at one edge in a secure and suitable
 7    manner, and the sheets shall then be numbered  consecutively.
 8    The sheets shall not be fastened by pasting them together end
 9    to  end,  so  as  to  form  a  continuous strip or roll.  All
10    petition  sheets  which  are  filed  with  the  proper  local
11    election officials, election authorities or the  State  Board
12    of  Elections  shall  be  the original sheets which have been
13    signed by the voters and by the circulator thereof,  and  not
14    photocopies or duplicates of such sheets.  Each petition must
15    include  as a part thereof, a statement of candidacy for each
16    of the candidates filing, or in whose behalf the petition  is
17    filed.  This  statement  shall  set  out  the address of such
18    candidate, the office for which  he  is  a  candidate,  shall
19    state  that the candidate is a qualified primary voter of the
20    party to which the petition relates and is qualified for  the
21    office  specified  (in  the  case  of a candidate for State's
22    Attorney it shall state that the candidate is at the time  of
23    filing  such  statement  a  licensed  attorney-at-law of this
24    State), shall state that he has filed (or  will  file  before
25    the  close  of  the  petition  filing  period) a statement of
26    economic interests as required by the  Illinois  Governmental
27    Ethics Act, shall request that the candidate's name be placed
28    upon  the  official ballot, and shall be subscribed and sworn
29    to by such candidate before some officer authorized  to  take
30    acknowledgment  of  deeds  in  the  State  and  shall  be  in
31    substantially the following form:
32                       Statement of Candidacy
33       Name      Address       Office      District      Party
34    John Jones  102 Main St.  Governor    Statewide    Republican
 
SB745 Engrossed             -83-               LRB9101253EGfg
 1                Belvidere,
 2                 Illinois

 3    State of Illinois)
 4                     ) ss.
 5    County of .......)
 6        I,  ....,  being  first  duly sworn, say that I reside at
 7    .... Street in the city (or village) of ...., in  the  county
 8    of  ....,  State  of  Illinois;  that  I am a qualified voter
 9    therein and am a qualified primary voter of the  ....  party;
10    that  I  am  a  candidate for nomination (for election in the
11    case of committeeman and delegates and  alternate  delegates)
12    to  the  office  of  ....  to  be  voted  upon at the primary
13    election to be held on (insert date); the .... day  of  ....,
14    ....; that I am legally qualified (including being the holder
15    of any license that may be an eligibility requirement for the
16    office  I  seek  the  nomination for) to hold such office and
17    that I have filed (or I will file before  the  close  of  the
18    petition  filing period) a statement of economic interests as
19    required by the Illinois Governmental Ethics Act and I hereby
20    request that my name be printed  upon  the  official  primary
21    ballot  for  nomination  for  (or  election to in the case of
22    committeemen and  delegates  and  alternate  delegates)  such
23    office.
24                                    Signed ......................
25        Subscribed  and sworn to (or affirmed) before me by ....,
26    who is to me personally known, on (insert  date).  this  ....
27    day of ....,  19...
28                                      Signed ....................
29                        (Official Character)
30    (Seal, if officer has one.)

31        The  petitions,  when  filed,  shall  not be withdrawn or
32    added to, and  no  signatures  shall  be  revoked  except  by
33    revocation   filed   in  writing  with  the  State  Board  of
 
SB745 Engrossed             -84-               LRB9101253EGfg
 1    Elections, election authority or local election official with
 2    whom the petition is required to be  filed,  and  before  the
 3    filing of such petition.  Whoever forges the name of a signer
 4    upon  any  petition required by this Article is deemed guilty
 5    of a forgery and on  conviction  thereof  shall  be  punished
 6    accordingly.
 7        Petitions of candidates for nomination for offices herein
 8    specified, to be filed with the same officer, may contain the
 9    names of 2 or more candidates of the same political party for
10    the same or different offices.
11        Such petitions for nominations shall be signed:
12             (a)  If  for  a  State  office,  or  for delegate or
13        alternate delegate to be elected from the State at  large
14        to  a  National  nominating  convention  by not less than
15        5,000 nor more than 10,000 primary electors of his party.
16             (b)  If for a congressional officer or for  delegate
17        or  alternate delegate to be elected from a congressional
18        district to a national nominating convention by at  least
19        .5% of the qualified primary electors of his party in his
20        congressional district, except that for the first primary
21        following a redistricting of congressional districts such
22        petitions  shall  be  signed  by  at  least 600 qualified
23        primary  electors  of  the  candidate's  party   in   his
24        congressional district.
25             (c)  If  for a county office (including county board
26        member and chairman of the  county  board  where  elected
27        from  the  county  at  large),  by  at  least  .5% of the
28        qualified  electors  of  his  party  cast  at  the   last
29        preceding  general  election  in his county.  However, if
30        for  the  nomination  for  county  commissioner  of  Cook
31        County, then by at least .5%  of  the  qualified  primary
32        electors  of his or her party in his or her county in the
33        district or division in which such person is a  candidate
34        for  nomination;  and  if  for county board member from a
 
SB745 Engrossed             -85-               LRB9101253EGfg
 1        county board district,  then  by  at  least  .5%  of  the
 2        qualified  primary  electors  of  his party in the county
 3        board district.  In the case of an  election  for  county
 4        board member to be elected from a district, for the first
 5        primary   following   a  redistricting  of  county  board
 6        districts or the initial establishment  of  county  board
 7        districts, then by at least .5% of the qualified electors
 8        of  his  party in the entire county at the last preceding
 9        general election, divided by the number of  county  board
10        districts,  but  in  any event not less than 25 qualified
11        primary electors of his party in the district.
12             (d)  If for a municipal or  township  office  by  at
13        least  .5% of the qualified primary electors of his party
14        in the municipality or township; if for alderman,  by  at
15        least .5% of the voters of his party of his ward.  In the
16        case  of  an  election  for  alderman  or  trustee  of  a
17        municipality  to  be elected from a ward or district, for
18        the  first  primary  following  a  redistricting  or  the
19        initial establishment of wards or districts, then by  .5%
20        of  the  total  number of votes cast for the candidate of
21        such political party who received the highest  number  of
22        votes  in  the  entire  municipality  at the last regular
23        election at which an officer was regularly  scheduled  to
24        be  elected  from the entire municipality, divided by the
25        number of wards or districts, but in any event  not  less
26        than  25  qualified  primary electors of his party in the
27        ward or district.
28             (e)  If for State central committeeman, by at  least
29        100 of the primary electors of his or her party of his or
30        her congressional district.
31             (f)  If  for  a  candidate for trustee of a sanitary
32        district in which trustees are not elected from wards, by
33        at least .5% of the primary electors of his  party,  from
34        such sanitary district.
 
SB745 Engrossed             -86-               LRB9101253EGfg
 1             (g)  If  for  a  candidate for trustee of a sanitary
 2        district in which the trustees are elected from wards, by
 3        at least .5% of the primary electors of his party in  his
 4        ward of such sanitary district, except that for the first
 5        primary  following a reapportionment of the district such
 6        petitions shall be  signed  by  at  least  150  qualified
 7        primary electors of the candidate's ward of such sanitary
 8        district.
 9             (h)  If  for  a candidate for judicial office, by at
10        least 500  qualified  primary  electors  of  his  or  her
11        judicial  district,  circuit,  or subcircuit, as the case
12        may be.
13             (i)  If for a candidate for  precinct  committeeman,
14        by  at  least  10 primary electors of his or her party of
15        his  or  her  precinct;  if  for  a  candidate  for  ward
16        committeeman, by not less than 10% nor more than 16%  (or
17        50  more  than  the minimum, whichever is greater) of the
18        primary electors of his party  of  his  ward;  if  for  a
19        candidate  for township committeeman, by not less than 5%
20        nor more than 8% (or 50 more than the minimum,  whichever
21        is  greater)  of the primary electors of his party in his
22        township or part of a township as the case may be.
23             (j)  If for a  candidate  for  State's  Attorney  or
24        Regional  Superintendent  of  Schools  to serve 2 or more
25        counties, by at least .5% of the primary electors of  his
26        party in the territory comprising such counties.
27             (k)  If  for any other office by at least .5% of the
28        total  number  of  registered  voters  of  the  political
29        subdivision,  district  or   division   for   which   the
30        nomination  is  made  or  a  minimum  of 25, whichever is
31        greater.
32        For the purposes of this Section the  number  of  primary
33    electors  shall  be determined by taking the total vote cast,
34    in the  applicable  district,  for  the  candidate  for  such
 
SB745 Engrossed             -87-               LRB9101253EGfg
 1    political  party  who  received  the highest number of votes,
 2    state-wide, at the last general  election  in  the  State  at
 3    which  electors  for  President  of  the  United  States were
 4    elected. For political subdivisions, the  number  of  primary
 5    electors  shall  be  determined by taking the total vote cast
 6    for the candidate for such political party who  received  the
 7    highest  number of votes in such political subdivision at the
 8    last regular election  at  which  an  officer  was  regularly
 9    scheduled  to be elected from that subdivision.  For wards or
10    districts of political subdivisions, the  number  of  primary
11    electors  shall  be  determined by taking the total vote cast
12    for the candidate for such political party who  received  the
13    highest  number of votes in such ward or district at the last
14    regular election at which an officer was regularly  scheduled
15    to be elected from that ward or district.
16        A  "qualified  primary  elector"  of a party may not sign
17    petitions for or be a candidate in the primary of  more  than
18    one party.
19    (Source: P.A. 87-1052; 88-89; revised 1-26-99.)

20        (10 ILCS 5/7-10.1) (from Ch. 46, par. 7-10.1)
21        Sec.  7-10.1.  Each petition or certificate of nomination
22    shall include as a part thereof, a statement for each of  the
23    candidates  filing,  or  in  whose  behalf  the  petition  or
24    certificate  of  nomination is filed, said statement shall be
25    subscribed and sworn to by such candidate or  nominee  before
26    some  officer  authorized  to take acknowledgment of deeds in
27    this State and shall be in substantially the following form:
28    United States of America )
29                             ) ss
30    State of Illinois        )
31        I, .... do swear that I am a citizen of the United States
32    and the State of Illinois, that I am not affiliated  directly
33    or   indirectly   with  any  communist  organization  or  any
 
SB745 Engrossed             -88-               LRB9101253EGfg
 1    communist  front  organization,  or  any  foreign   political
 2    agency, party, organization or government which advocates the
 3    overthrow  of  constitutional  government  by  force or other
 4    means not permitted under  the  Constitution  of  the  United
 5    States  or  the  constitution  of  this  State; that I do not
 6    directly or indirectly teach or advocate the overthrow of the
 7    government of the United States  or  of  this  State  or  any
 8    unlawful  change  in  the  form of the governments thereof by
 9    force or any unlawful means.
10                                          .......................
11        Subscribed and sworn to by me on (insert date). this ....
12    day of ...., 19...
13                                          .......................
14                                              (Notary Public)
15    My commission expires:
16    (Source: P.A. 76-1329; revised 10-20-98.)

17        (10 ILCS 5/7-24) (from Ch. 46, par. 7-24)
18        Sec. 7-24. The primary poll books shall be  substantially
19    in the following form:
20    Primary  poll  books of the primary held in the .... precinct
21    of the county of .... on (insert date). the .... day of  ....
22    A.D. .....
23                                       Party Affiliation
24                              ...................................
25                   Residence  Repub- Demo-  Prohibi-  Social-
26                   Street and lican   crat   tionist    ist
27    Name of Voter    number
28    .............................................................
29    1 John Jones                x
30    2 Richard Smith                    x
31    3 John Doe                                  x
32    4 Richard Roe                                        x
33    5 Charles Lee                                              x
 
SB745 Engrossed             -89-               LRB9101253EGfg
 1    .............................................................
 2        This  is  to  certify  that  the above and foregoing is a
 3    correct list of primary voters at a primary held  on  (insert
 4    date) the .... day of .... A.D. .... in the .... precinct, in
 5    ....  county, and State of Illinois.  That at the primary the
 6    undersigned judges served as required by law and are entitled
 7    to pay therefor.
 8        Dated (insert date). .... 19...
 9    ............................     ............................
10    ............................     ............................
11    ............................     ............................
12                                          Judges of primary
13        The primary poll books shall otherwise  be  in  form  and
14    shall  contain  the  same certificates as nearly as may be as
15    the poll books used in the  general  election  and  shall  be
16    signed  and attested in the same manner, as nearly as may be,
17    as the poll books used for the purpose of general  elections.
18    If  Article 4, 5 or 6 of this Act applies to any such primary
19    the official poll record  provided  for  in  such  applicable
20    Article shall be used in lieu of poll books.
21    (Source: Laws 1957, p. 1450; revised 10-20-98.)

22        (10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
23        Sec.  7-34.   Pollwatchers in a primary election shall be
24    authorized in the following manner:
25        (1)  Each established political party shall  be  entitled
26    to  appoint  one pollwatcher per precinct.  Such pollwatchers
27    must be affiliated with the political party  for  which  they
28    are  pollwatching.   For  all  primary  elections,  except as
29    provided  in  subsection  (5),  such  pollwatchers  must   be
30    registered  to  vote  from a residence in the county in which
31    they are pollwatching.
32        (2)  Each candidate shall  be  entitled  to  appoint  two
33    pollwatchers  per  precinct.   For Federal, State, and county
 
SB745 Engrossed             -90-               LRB9101253EGfg
 1    primary elections, one pollwatcher must be registered to vote
 2    from a residence in the county in which he  is  pollwatching.
 3    The  second  pollwatcher  must  be  registered to vote from a
 4    residence  in  the  precinct  or  ward   in   which   he   is
 5    pollwatching.   For township and municipal primary elections,
 6    one pollwatcher must be registered to vote from  a  residence
 7    in  the  county  in  which  he  is  pollwatching.  The second
 8    pollwatcher must be registered to vote from  a  residence  in
 9    the precinct or ward in which he is pollwatching.
10        (3)  Each  organization  of citizens within the county or
11    political  subdivision,  which  has  among  its  purposes  or
12    interests  the  investigation  or  prosecution  of   election
13    frauds,  and which shall have registered its name and address
14    and the names and addresses of its  principal  officers  with
15    the  proper  election  authority  at least 40 days before the
16    primary  election,  shall  be   entitled   to   appoint   one
17    pollwatcher  per precinct.  For all primary elections, except
18    as provided in  subsection  (5),  such  pollwatcher  must  be
19    registered to vote from a residence in the county in which he
20    is pollwatching.
21        (4)  Each organized group of proponents or opponents of a
22    ballot  proposition, which shall have registered the name and
23    address of its organization or committee  and  the  name  and
24    address of its chairman with the proper election authority at
25    least  40 days before the primary election, shall be entitled
26    to appoint one pollwatcher per precinct.  Except as  provided
27    in  subsection  (5),  such  pollwatcher must be registered to
28    vote from a residence in  the  county  in  which  the  ballot
29    proposition is being voted upon.
30        (5)  In  any primary election held to nominate candidates
31    for the offices of a  municipality  of  less  than  3,000,000
32    population  that  is  situated  in  2  or  more  counties,  a
33    pollwatcher  who  is a resident of a county in which any part
34    of the municipality is situated shall be eligible to serve as
 
SB745 Engrossed             -91-               LRB9101253EGfg
 1    a pollwatcher  in  any  polling  place  located  within  such
 2    municipality,   provided   that  such  pollwatcher  otherwise
 3    complies with the respective requirements of subsections  (1)
 4    through  (4)  of this Section and is a registered voter whose
 5    residence is within the municipality.
 6        All  pollwatchers  shall  be  required  to  have   proper
 7    credentials.  Such credentials shall be printed in sufficient
 8    quantities,  shall  be  issued  by  and  under  the facsimile
 9    signature(s) of the election authority and shall be available
10    for distribution at least 2  weeks  prior  to  the  election.
11    Such credentials shall be authorized by the real or facsimile
12    signature  of  the  State  or  local  party  official  or the
13    candidate or the presiding officer of the civic  organization
14    or  the  chairman  of the proponent or opponent group, as the
15    case may be.
16        Pollwatcher credentials shall  be  in  substantially  the
17    following form:

18                       POLLWATCHER CREDENTIALS
19    TO THE JUDGES OF ELECTION:
20        In  accordance  with the provisions of the Election Code,
21    the  undersigned  hereby  appoints   ...........   (name   of
22    pollwatcher)   at  ..........  (address)  in  the  county  of
23    ...........,  ..........  (township   or   municipality)   of
24    ...........  (name),  State  of  Illinois  and  who  is  duly
25    registered to vote from this address, to act as a pollwatcher
26    in  the  ...........  precinct  of  the  ..........  ward (if
27    applicable) of the ........... (township or municipality)  of
28    ...........  at  the  ...........  election  to  be  held  on
29    ..........., 19.. (insert date).
30    ........................  (Signature of Appointing Authority)
31    ........................  TITLE  (party official,  candidate,
32                                    civic organization president,
33                            proponent or opponent group chairman)
34        Under penalties provided by law pursuant to Section 29-10
 
SB745 Engrossed             -92-               LRB9101253EGfg
 1    of  the  Election Code, the undersigned pollwatcher certifies
 2    that he or she resides at  ..............  (address)  in  the
 3    county  of ........., ......... (township or municipality) of
 4    .......... (name), State of Illinois, and is duly  registered
 5    to vote from that address.
 6    ...........................        ..........................
 7    (Precinct and/or Ward in           (Signature of Pollwatcher)
 8    Which Pollwatcher Resides)

 9        Pollwatchers must present their credentials to the Judges
10    of  Election  upon  entering  the polling place.  Pollwatcher
11    credentials properly executed and signed shall  be  proof  of
12    the  qualifications  of  the  pollwatcher authorized thereby.
13    Such credentials are retained by the Judges and  returned  to
14    the Election Authority at the end of the day of election with
15    the   other  election  materials.   Once  a  pollwatcher  has
16    surrendered a valid credential, he may leave and reenter  the
17    polling  place  provided that such continuing action does not
18    disrupt the conduct of  the  election.  Pollwatchers  may  be
19    substituted  during  the  course  of the day, but established
20    political parties, candidates, qualified civic  organizations
21    and proponents and opponents of a ballot proposition can have
22    only as many pollwatchers at any given time as are authorized
23    in  this  Article.   A  substitute  must  present  his signed
24    credential to  the  judges  of  election  upon  entering  the
25    polling   place.    Election   authorities   must  provide  a
26    sufficient number of credentials to allow for substitution of
27    pollwatchers. After the polls have closed, pollwatchers shall
28    be allowed to remain until the canvass of votes is completed;
29    but may  leave  and  reenter  only  in  cases  of  necessity,
30    provided  that such action is not so continuous as to disrupt
31    the canvass of votes.
32        Candidates seeking office in a district  or  municipality
33    encompassing  2 or more counties shall be admitted to any and
34    all polling places throughout such district  or  municipality
 
SB745 Engrossed             -93-               LRB9101253EGfg
 1    without  regard  to the counties in which such candidates are
 2    registered to vote.  Actions  of  such  candidates  shall  be
 3    governed  in  each  polling  place by the same privileges and
 4    limitations that apply to pollwatchers as  provided  in  this
 5    Section.   Any such candidate who engages in an activity in a
 6    polling place  which  could  reasonably  be  construed  by  a
 7    majority of the judges of election as campaign activity shall
 8    be removed forthwith from such polling place.
 9        Candidates  seeking  office in a district or municipality
10    encompassing 2 or more counties who desire to be admitted  to
11    polling   places   on   election  day  in  such  district  or
12    municipality shall be required to  have  proper  credentials.
13    Such  credentials  shall be printed in sufficient quantities,
14    shall be issued by and under the facsimile signature  of  the
15    election  authority  of  the  election jurisdiction where the
16    polling place in which  the  candidate  seeks  admittance  is
17    located,  and  shall be available for distribution at least 2
18    weeks prior to  the  election.   Such  credentials  shall  be
19    signed by the candidate.
20        Candidate  credentials  shall  be  in  substantially  the
21    following form:

22                        CANDIDATE CREDENTIALS
23        TO THE JUDGES OF ELECTION:
24        In accordance with the provisions of the Election Code, I
25    ......  (name  of  candidate)  hereby  certify  that  I  am a
26    candidate for ....... (name of office) and seek admittance to
27    ....... precinct of the ....... ward (if applicable)  of  the
28    .......  (township or municipality) of ....... at the .......
29    election to be held on ...., 19.... (insert date).
30    .........................             .......................
31    (Signature of Candidate)              OFFICE FOR WHICH
32                                          CANDIDATE SEEKS
33                                          NOMINATION OR
34                                          ELECTION
 
SB745 Engrossed             -94-               LRB9101253EGfg
 1        Pollwatchers  shall   be   permitted   to   observe   all
 2    proceedings  relating  to  the conduct of the election and to
 3    station themselves in a position in the voting room  as  will
 4    enable  them  to  observe  the  judges  making  the signature
 5    comparison  between  the  voter  application  and  the  voter
 6    registration  record  card;  provided,  however,  that   such
 7    pollwatchers  shall not be permitted to station themselves in
 8    such close proximity to the  judges  of  election  so  as  to
 9    interfere  with the orderly conduct of the election and shall
10    not, in any event, be permitted to handle election materials.
11    Pollwatchers   may   challenge   for   cause    the    voting
12    qualifications  of  a person offering to vote and may call to
13    the  attention  of  the  judges  of  election  any  incorrect
14    procedure or apparent violations of this Code.
15        If a majority of the judges of  election  determine  that
16    the   polling   place   has   become   too  overcrowded  with
17    pollwatchers so as to interfere with the orderly  conduct  of
18    the   election,   the   judges  shall,  by  lot,  limit  such
19    pollwatchers  to  a  reasonable  number,  except  that   each
20    candidate  and  each established or new political party shall
21    be permitted to have at least one pollwatcher present.
22        Representatives of an election authority, with regard  to
23    an  election  under  its  jurisdiction,  the  State  Board of
24    Elections, and law enforcement agencies,  including  but  not
25    limited  to a United States Attorney, a State's attorney, the
26    Attorney General,  and  a  State,  county,  or  local  police
27    department,  in  the  performance  of their official election
28    duties, shall be permitted at all times to enter  and  remain
29    in  the polling place.  Upon entering the polling place, such
30    representatives shall display their official  credentials  or
31    other identification to the judges of election.
32        Uniformed  police officers assigned to polling place duty
33    shall  follow  all  lawful  instructions  of  the  judges  of
34    election.
 
SB745 Engrossed             -95-               LRB9101253EGfg
 1        The provisions  of  this  Section  shall  also  apply  to
 2    supervised casting of absentee ballots as provided in Section
 3    19-12.2 of this Act.
 4    (Source: P.A. 90-655, eff. 7-30-98; revised 10-19-98.)

 5        (10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
 6        Sec.  7-53.   As soon as the ballots of a political party
 7    shall have been read and the votes  of  the  political  party
 8    counted,  as provided in the last above section, the 3 judges
 9    in charge of the tally sheets shall foot up the tally  sheets
10    so  as  to  show  the  total  number  of  votes cast for each
11    candidate of the political party and for each  candidate  for
12    State   Central   committeeman   and  precinct  committeeman,
13    township committeeman or ward committeeman, and delegate  and
14    alternate  delegate  to  National nominating conventions, and
15    certify the same to be correct. Thereupon, the primary judges
16    shall set down in a  certificate  of  results  on  the  tally
17    sheet,  under  the  name  of the political party, the name of
18    each candidate voted for upon the primary ballot, written  at
19    full  length,  the  name  of  the  office  for  which he is a
20    candidate for nomination or for committeeman, or delegate  or
21    alternate  delegate  to  National nominating conventions, the
22    total number of votes which the candidate received, and  they
23    shall  also set down the total number of ballots voted by the
24    primary electors of the political party in the precinct.  The
25    certificate of results shall be  made  substantially  in  the
26    following form:
27                                           ................ Party
28        At  the primary election held in the .... precinct of the
29    (1) *township of ...., or (2) *City of  ....,  or  (3)  *....
30    ward  in  the  city of .... on (insert date), the .... day of
31    ...., 19.., the primary electors of the .... party voted ....
32    ballots, and  the  respective  candidates  whose  names  were
33    written  or  printed on the primary ballot of the .... party,
 
SB745 Engrossed             -96-               LRB9101253EGfg
 1    received respectively the following votes:
 2    Name of                                                No. of
 3    Candidate,                 Title of Office,             Votes
 4    John Jones                 Governor                       100
 5    Sam Smith                  Governor                        70
 6    Frank Martin               Attorney General               150
 7    William Preston            Rep. in Congress               200
 8    Frederick John             Circuit Judge                   50
 9        *Fill in either (1), (2) or (3).
10        And so on for each candidate.
11        We hereby certify the above and foregoing to be true  and
12    correct.
13        Dated (insert date). this .... day of ...., 19....
14                              ...................................
15                              Name                        Address
16                              ...................................
17                              Name                        Address
18                              ...................................
19                              Name                        Address
20                              ...................................
21                              Name                        Address
22                              ...................................
23                              Name                        Address
24                                     Judges of Primary

25        Where  voting  machines  or electronic voting systems are
26    used, the provisions of  this  Section  may  be  modified  as
27    required  or  authorized  by  Article  24  and  Article  24A,
28    whichever is applicable.
29    (Source: P.A. 84-551; revised 10-20-98.)

30        (10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
31        Sec.  8-8.  The name of no candidate for nomination shall
32    be printed upon the primary  ballot  unless  a  petition  for
33    nomination  shall  have  been filed in his behalf as provided
 
SB745 Engrossed             -97-               LRB9101253EGfg
 1    for in this Section. Each such petition shall  include  as  a
 2    part  thereof the oath required by Section 7-10.1 of this Act
 3    and a statement of candidacy by the candidate  filing  or  in
 4    whose  behalf the petition is filed. This statement shall set
 5    out the address of such candidate, the office for which he is
 6    a candidate, shall state that the candidate  is  a  qualified
 7    primary  voter of the party to which the petition relates, is
 8    qualified for the office specified and has filed a  statement
 9    of   economic   interests   as   required   by  the  Illinois
10    Governmental Ethics Act, shall request that  the  candidate's
11    name  be  placed  upon  the  official  ballot  and  shall  be
12    subscribed  and  sworn  by such candidate before some officer
13    authorized to take acknowledgment of deeds in this State  and
14    may be in substantially the following form:
15    State of Illinois)
16                     ) ss.
17    County ..........)
18        I,  ....,  being  first  duly sworn, say that I reside at
19    .... street in the city (or village of) .... in the county of
20    .... State of Illinois; that I am a qualified  voter  therein
21    and  am  a qualified primary voter of .... party; that I am a
22    candidate for nomination to the office of ....  to  be  voted
23    upon at the primary election to be held on (insert date); the
24    ....  day  of ...., 19..; that I am legally qualified to hold
25    such office and that I have filed  a  statement  of  economic
26    interests as required by the Illinois Governmental Ethics Act
27    and  I  hereby  request  that  my  name  be  printed upon the
28    official primary ballot for nomination for such office.
29                                      Signed ....................
30        Subscribed and sworn to (or affirmed) before me by  ....,
31    who  is  to  me personally known, on (insert date). this ....
32    day of .... 19...
33                  Signed .... (Official Character)
34                     (Seal if officer has one.)
 
SB745 Engrossed             -98-               LRB9101253EGfg
 1        All petitions for nomination  for  the  office  of  State
 2    Senator  shall  be signed by 1% or 600, whichever is greater,
 3    of the qualified primary electors of the candidate's party in
 4    his legislative district, except that for the  first  primary
 5    following  a  redistricting  of  legislative  districts, such
 6    petitions shall be signed by at least 600  qualified  primary
 7    electors   of   the  candidate's  party  in  his  legislative
 8    district.
 9        All  petitions  for  nomination   for   the   office   of
10    Representative  in the General Assembly shall be signed by at
11    least 1% or 300,  whichever  is  greater,  of  the  qualified
12    primary  electors  of  the  candidate's  party  in his or her
13    representative district, except that for  the  first  primary
14    following  a  redistricting  of representative districts such
15    petitions shall be signed by at least 300  qualified  primary
16    electors   of   the   candidate's   party   in   his  or  her
17    representative district.
18        Opposite the signature of each qualified primary  elector
19    who  signs  a petition for nomination for the office of State
20    Representative or  State  Senator  such  elector's  residence
21    address  shall  be written or printed.  The residence address
22    required to be written or  printed  opposite  each  qualified
23    primary  elector's  name  shall include the street address or
24    rural route number of the signer, as the case may be, as well
25    as the signer's city, village or town.
26        For the purposes of this Section, the number  of  primary
27    electors  shall  be determined by taking the total vote cast,
28    in the  applicable  district,  for  the  candidate  for  such
29    political  party  who  received  the highest number of votes,
30    state-wide, at the last general  election  in  the  State  at
31    which  electors  for  President  of  the  United  States were
32    elected.
33        A "qualified primary elector" of a  party  may  not  sign
34    petitions  for  or be a candidate in the primary of more than
 
SB745 Engrossed             -99-               LRB9101253EGfg
 1    one party.
 2        In the  affidavit  at  the  bottom  of  each  sheet,  the
 3    petition  circulator,  who shall have been a registered voter
 4    at all times he or she circulated the petition,  shall  state
 5    his street address or rural route number, as the case may be,
 6    as well as his city, village or town.
 7        In  the  affidavit  at the bottom of each petition sheet,
 8    the petition circulator shall either (1) indicate  the  dates
 9    on which he or she circulated that sheet, or (2) indicate the
10    first  and  last  dates on which the sheet was circulated, or
11    (3) certify that none of the signatures  on  the  sheet  were
12    signed  more  than  90  days  preceding  the last day for the
13    filing  of  the  petition.   No  petition  sheet   shall   be
14    circulated  more than 90 days preceding the last day provided
15    in Section 8-9 for the filing of such petition.
16        All petition sheets which are filed with the State  Board
17    of  Elections  shall  be  the original sheets which have been
18    signed  by  the  voters  and  by  the  circulator,  and   not
19    photocopies or duplicates of such sheets.
20        The  person circulating the petition, or the candidate on
21    whose behalf the  petition  is  circulated,  may  strike  any
22    signature from the petition, provided that:;
23             (1)  the person striking the signature shall initial
24        the  petition at the place where the signature is struck;
25        and
26             (2)  the person striking the signature shall sign  a
27        certification  listing the page number and line number of
28        each  signature   struck   from   the   petition.    Such
29        certification shall be filed as a part of the petition.
30    (Source: P.A.  86-867;  86-875;  86-1028;  86-1348;  87-1052;
31    revised 10-20-98.)

32        (10 ILCS 5/9-1.7) (from Ch. 46, par. 9-1.7)
33        Sec.   9-1.7.   "Local  political  committee"  means  the
 
SB745 Engrossed             -100-              LRB9101253EGfg
 1    candidate himself  or  any  individual,  trust,  partnership,
 2    committee,    association,    corporation,   or   any   other
 3    organization or group of persons which:
 4             (a)  accepts  contributions  or  grants   or   makes
 5        expenditures  during  any 12-month period in an aggregate
 6        amount exceeding $3,000 on behalf of or in opposition  to
 7        a  candidate  or  candidates  for  public  office who are
 8        required by the Illinois Governmental Ethics Act to  file
 9        statements  of  economic interests with the county clerk,
10        or on behalf of  or  in  opposition  to  a  candidate  or
11        candidates for election to the office of ward or township
12        committeeman in counties of 3,000,000 or more population;
13        .
14             (b)  accepts  contributions  or  makes  expenditures
15        during   any  12-month  period  in  an  aggregate  amount
16        exceeding $3,000 in support of or in  opposition  to  any
17        question of public policy to be submitted to the electors
18        of an area encompassing no more than one county;, or
19             (c)  accepts  contributions  or  makes  expenditures
20        during   any  12-month  period  in  an  aggregate  amount
21        exceeding $3,000 and  has  as  its  primary  purpose  the
22        furtherance  of governmental, political or social values,
23        is  organized  on  a  not-for-profit  basis,  and   which
24        publicly  endorses  or  publicly  opposes  a candidate or
25        candidates for public office  who  are  required  by  the
26        Illinois  Governmental  Ethics  Act to file statements of
27        economic interest with the County Clerk or a candidate or
28        candidates  for  the   office   of   ward   or   township
29        committeeman in counties of 3,000,000 or more population.
30    (Source:  P.A.  89-405,  eff.  11-8-95;  90-737, eff. 1-1-99;
31    revised 10-28-98.)

32        (10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2)
33        Sec. 10-6.2.  The State Board of Elections, the  election
 
SB745 Engrossed             -101-              LRB9101253EGfg
 1    authority  or the local election official with whom petitions
 2    for nomination are filed pursuant to this  Article  10  shall
 3    specify  the  place  where  filings  shall  be  made and upon
 4    receipt shall endorse thereon the day and the hour  at  which
 5    each  petition was filed.  Except as provided by Article 9 of
 6    The School Code, all petitions filed by  persons  waiting  in
 7    line  as  of  8:00 a.m. on the first day for filing, or as of
 8    the normal opening hour of the office involved on  such  day,
 9    shall  be  deemed filed as of 8:00 a.m. or the normal opening
10    hour, as the  case  may  be.  Petitions  filed  by  mail  and
11    received  after  midnight  of the first day for filing and in
12    the first mail delivery or pickup of that day shall be deemed
13    filed as of 8:00 a.m. of that day or as of the normal opening
14    hour of such day, as the case may be.  All petitions received
15    thereafter shall be deemed  filed  in  the  order  of  actual
16    receipt.    Where   2   or   more   petitions   are  received
17    simultaneously, the State Board of  Elections,  the  election
18    authority  or  the  local  election  official  with whom such
19    petitions are filed shall break ties and determine the  order
20    of  filing  by means of a lottery or other fair and impartial
21    method of random selection approved by  the  State  Board  of
22    Elections.   Such  lottery  shall  be conducted within 9 days
23    following the last day for petition filing and shall be  open
24    to  the  public.  Seven  days  written notice of the time and
25    place of conducting such random selection shall be given,  by
26    the  State  Board  of  Elections,  the election authority, or
27    local election official, to the Chairman  of  each  political
28    party,  and  to  each  organization  of  citizens  within the
29    election jurisdiction which was entitled, under this Code, at
30    the next preceding election, to have pollwatchers present  on
31    the  day  of  election.  The  State  Board  of Elections, the
32    election authority or local election official shall post in a
33    conspicuous, open and public place, at the  entrance  of  the
34    office,  notice  of  the  time and place of such lottery. The
 
SB745 Engrossed             -102-              LRB9101253EGfg
 1    State Board of Elections shall adopt  rules  and  regulations
 2    governing the procedures for the conduct of such lottery. All
 3    candidates  shall  be  certified  in the order in which their
 4    petitions have been filed and in  the  manner  prescribed  by
 5    Section  10-14  and  10-15 of this Article.  Where candidates
 6    have filed simultaneously, they shall  be  certified  in  the
 7    order determined by lot and prior to candidates who filed for
 8    the  same office or offices at a later time.  Certificates of
 9    nomination filed within  the  period  prescribed  in  Section
10    10-6(2)  for  candidates  nominated by caucus for township or
11    municipal offices shall be subject to  the  ballot  placement
12    lottery  for  established  political  parties  prescribed  in
13    Section 7-60 of this Code.
14        If  multiple  sets  of  nomination papers are filed for a
15    candidate to the same office, the State Board  of  Elections,
16    appropriate  election  authority  or  local election official
17    where the petitions are filed shall within  2  business  days
18    notify  the candidate of his or her multiple petition filings
19    and that the candidate has 3 business days after  receipt  of
20    the   notice   to   notify  the  State  Board  of  Elections,
21    appropriate election authority  or  local  election  official
22    that  he  or  she  may cancel prior sets of petitions. If the
23    candidate notifies the State Board of Elections,  appropriate
24    election  authority  or local election official, the last set
25    of  petitions  filed  shall  be  the  only  petitions  to  be
26    considered valid by the State Board  of  Elections,  election
27    authority or local election official.  If the candidate fails
28    to  notify the State Board of Elections, appropriate election
29    authority or local election official then only the first  set
30    of   petitions  filed  shall  be  valid  and  all  subsequent
31    petitions shall be void.
32    (Source: P.A.  86-867;  86-874;  86-1028;  87-1052;   revised
33    10-31-98.)
 
SB745 Engrossed             -103-              LRB9101253EGfg
 1        (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
 2        Sec.  12-1.   At  least 60 days prior to each general and
 3    consolidated election, the election authority  shall  provide
 4    public  notice,  calculated  to reach elderly and handicapped
 5    voters, of the availability of registration and  voting  aids
 6    under  the  Federal  Voting Accessibility for the Elderly and
 7    Handicapped Act, of the availability of assistance in marking
 8    the ballot, and procedures for voting by absentee ballot.
 9        At least 30 days before  any  general  election,  and  at
10    least  20 days before any special congressional election, the
11    county clerk shall publish a notice of the election in  2  or
12    more  newspapers  published  in  the  county,  city, village,
13    incorporated town or town, as the case may be, or if there is
14    no such newspaper, then in any 2 or more newspapers published
15    in the county and having a general circulation throughout the
16    community. The notice may be substantially as follows:
17        Notice is hereby given that on (give date), at (give  the
18    place of holding the election and the name of the precinct or
19    district) in the county of (name county), an election will be
20    held  for  (give  the  title  of  the  several  offices to be
21    filled), which  election  will  be  open  at  6:00  a.m.  and
22    continued open until 7:00 p.m. of that day.
23        Dated  at  ....  on (insert date). this .... day of ....,
24    19...
25    (Source: P.A. 90-358, eff. 1-1-98; revised 10-20-98.)

26        (10 ILCS 5/14-4) (from Ch. 46, par. 14-4)
27        Sec. 14-4.  The leading political party represented by  a
28    minority  of  all  the  commissioners  in  the board shall be
29    entitled to 2 of the judges in each  precinct  with  an  even
30    number,  and  3  of  the  judges in each precinct with an odd
31    number, and  the  other  leading  political  party  shall  be
32    entitled  to  3  judges  in  the even and 2 judges in the odd
33    number precincts; and if only 3 judges of election  serve  in
 
SB745 Engrossed             -104-              LRB9101253EGfg
 1    each precinct, the leading political party represented by the
 2    minority  of  all  the  commissioners  in  the board shall be
 3    entitled to one of the judges of election  in  each  precinct
 4    with  an even number, and 2 of the judges of election in each
 5    precinct with an odd number, and the other leading  political
 6    party  shall  be entitled to 2 judges of election in the even
 7    and one judge of election in the odd number precincts; and it
 8    shall be the duty  of  such  commissioners  to  observe  this
 9    division  in all respects in making such appointments; except
10    that this Section does not apply to  appointments  by  county
11    boards of election commissioners under Section 14-3.1.
12    (Source: P.A. 89-471, eff. 6-13-96; revised 10-31-98.)

13        (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
14        Sec.  17-9.   Any  person desiring to vote shall give his
15    name and, if required to do so, his residence to  the  judges
16    of election, one of whom shall thereupon announce the same in
17    a  loud  and  distinct tone of voice, clear, and audible; the
18    judges of elections shall check each application  for  ballot
19    against  the  list  of  voters registered in that precinct to
20    whom absentee ballots have been  issued  for  that  election,
21    which  shall  be provided by the election authority and which
22    list shall be available for inspection  by  pollwatchers.   A
23    voter  applying to vote in the precinct on election day whose
24    name appears on the list as having been  issued  an  absentee
25    ballot  shall not be permitted to vote in the precinct unless
26    that  voter  submits  to  the   judges   of   election,   for
27    cancellation  or revocation, his absentee ballot. In the case
28    that the voter's  absentee  ballot  is  not  present  in  the
29    polling  place,  it shall be sufficient for any such voter to
30    submit to the judges of election  in  lieu  of  his  absentee
31    ballot, either a portion of such ballot if torn or mutilated,
32    an   affidavit   executed   before  the  judges  of  election
33    specifying that the voter never received an absentee  ballot,
 
SB745 Engrossed             -105-              LRB9101253EGfg
 1    or  an  affidavit  executed  before  the  judges  of election
 2    specifying that the voter desires to  cancel  or  revoke  any
 3    absentee  ballot that may have been cast in the voter's name.
 4    All applicable provisions of Articles 4,  5  or  6  shall  be
 5    complied  with  and  if such name is found on the register of
 6    voters  by  the  officer  having  charge  thereof,  he  shall
 7    likewise repeat said name, and the voter shall be allowed  to
 8    enter  within  the  proximity  of the voting booths, as above
 9    provided.  One of the judges shall give the  voter  one,  and
10    only  one  of each ballot to be voted at the election, on the
11    back of which ballots such judge shall indorse  his  initials
12    in such manner that they may be seen when each such ballot is
13    properly  folded,  and  the voter's name shall be immediately
14    checked on the register list. In those election jurisdictions
15    where perforated ballot cards are utilized  of  the  type  on
16    which  write-in  votes can be cast above the perforation, the
17    election authority shall provide a space both above and below
18    the perforation for the judge's initials, and the judge shall
19    endorse his or her  initials  in  both  spaces.   Whenever  a
20    proposal for a constitutional amendment or for the calling of
21    a  constitutional  convention  is  to  be  voted  upon at the
22    election, the separate  blue  ballot  or  ballots  pertaining
23    thereto  shall,  when being handed to the voter, be placed on
24    top of the other ballots to be voted at the election in  such
25    manner  that  the  legend  appearing  on the back thereof, as
26    prescribed in Section 16-6 of  this  Act,  shall  be  plainly
27    visible  to the voter.  At all elections, when a registry may
28    be required, if the name of any person so desiring to vote at
29    such election is not found on the register of voters,  he  or
30    she  shall  not  receive  a ballot until he or she shall have
31    complied with the law prescribing the manner  and  conditions
32    of  voting by unregistered voters.  If any person desiring to
33    vote at any election shall be challenged, he or she shall not
34    receive a ballot until he or she shall have  established  his
 
SB745 Engrossed             -106-              LRB9101253EGfg
 1    right  to  vote in the manner provided hereinafter; and if he
 2    or she shall be challenged after he has received his  ballot,
 3    he  shall  not be permitted to vote until he or she has fully
 4    complied  with  such  requirements  of  the  law  upon  being
 5    challenged.  Besides the election officer, not  more  than  2
 6    voters  in  excess  of  the  whole  number  of  voting booths
 7    provided shall be allowed within the proximity of the  voting
 8    booths  at  one  time.  The provisions of this Act, so far as
 9    they require the registration of voters  as  a  condition  to
10    their  being  allowed  to  vote  shall  not  apply to persons
11    otherwise entitled to vote, who  are,  at  the  time  of  the
12    election,  or  at  any  time  within  60  days  prior to such
13    election have been engaged in the military or  naval  service
14    of  the  United  States,  and  who  appear  personally at the
15    polling place on election day and produce to  the  judges  of
16    election  satisfactory evidence thereof, but such persons, if
17    otherwise qualified to vote, shall be permitted  to  vote  at
18    such election without previous registration.
19        All such persons shall also make an affidavit which shall
20    be in substantially the following form:
21    State of Illinois,)
22                      ) ss.
23    County of ........)
24    ............... Precinct   .......... Ward
25        I,  ....,  do  solemnly  swear  (or  affirm)  that I am a
26    citizen of the United States, of the age of 18 years or over,
27    and that within the past 60 days prior to the  date  of  this
28    election  at which I am applying to vote, I have been engaged
29    in the .... (military or naval) service of the United States;
30    and I am qualified  to  vote  under  and  by  virtue  of  the
31    Constitution and laws of the State of Illinois, and that I am
32    a  legally  qualified  voter of this precinct and ward except
33    that I have, because of such service, been unable to register
34    as a voter; that I now reside  at  ....  (insert  street  and
 
SB745 Engrossed             -107-              LRB9101253EGfg
 1    number,  if  any)  in  this  precinct  and  ward; that I have
 2    maintained a legal residence in this precinct and ward for 30
 3    days and in this State 30 days next preceding this election.
 4                                        .........................
 5        Subscribed and sworn to before me on (insert date).  this
 6    .... day of...., 19...
 7                                        .........................
 8                                               Judge of Election.

 9        The  affidavit  of  any such person shall be supported by
10    the affidavit of a resident and qualified voter of  any  such
11    precinct  and ward, which affidavit shall be in substantially
12    the following form:
13    State of Illinois,)
14                      ) ss.
15    County of ........)
16    ........... Precinct   ........... Ward
17        I, ...., do solemnly swear  (or  affirm),  that  I  am  a
18    resident  of  this  precinct and ward and entitled to vote at
19    this election; that I am acquainted with ....  (name  of  the
20    applicant);  that  I  verily believe him to be an actual bona
21    fide resident of this precinct and ward  and  that  I  verily
22    believe  that  he  or  she  has  maintained a legal residence
23    therein 30 days and in this State 30 days next preceding this
24    election.
25                                        .........................
26        Subscribed and sworn to before me on (insert date).  this
27    .... day of...., 19...
28                                        .........................
29                                               Judge of Election.

30        All  affidavits made under the provisions of this Section
31    shall be enclosed in a separate envelope securely sealed, and
32    shall be transmitted with the returns of the elections to the
33    county clerk or to the board of election  commissioners,  who
 
SB745 Engrossed             -108-              LRB9101253EGfg
 1    shall  preserve  the  said  affidavits  for  the  period of 6
 2    months, during which period such affidavits shall  be  deemed
 3    public  records  and  shall  be freely open to examination as
 4    such.
 5    (Source: P.A. 89-653, eff. 8-14-96; revised 10-20-98.)

 6        (10 ILCS 5/17-10) (from Ch. 46, par. 17-10)
 7        Sec. 17-10.   (a)  Whenever,  at  any  election,  in  any
 8    precinct, any person offering to vote is not personally known
 9    to the judges of election to have the qualifications required
10    in  this  Act,  if his vote is challenged by a legal voter at
11    such  election,  he  or  she  shall  make  and  subscribe  an
12    affidavit, in the following form, which shall be retained  by
13    the  judges  of election, and returned by them affixed to the
14    poll books or with the official poll record:
15    State of Illinois)
16                     )ss.
17    County of .......)
18        I, ...., do solemnly  swear  (or  affirm)  that  I  am  a
19    citizen  of  the  United States; that I am 18 years of age or
20    over; that I have resided in this State and in this  election
21    district  30  days  next preceding this election; that I have
22    not voted at this election; that I am a duly qualified  voter
23    in  every  respect;  that  I  now  reside  at  (here give the
24    particular house or place of residence, and, if in a town  or
25    city,  the street and number), in this election district; *1.
26    that I registered to vote from  said  address;  *2.   that  I
27    changed  my residence to the above address from ...., both of
28    which are in this election district; *3. that  I  changed  my
29    name from .... to that which I have signed below; *4.  that I
30    have not changed my residence but my address has changed as a
31    result  of  implementation  of  a  9-1-1  emergency telephone
32    system.
33        So help me God, (or "This I  do  solemnly  and  sincerely
 
SB745 Engrossed             -109-              LRB9101253EGfg
 1    affirm", as the case may be).
 2                                        .........................
 3        Subscribed  and sworn to before me on (insert date). this
 4    .... day of ...., 19...
 5                                        .........................
 6        *1.  If registration is not required, draw a line through
 7    1 above.
 8        *2.  Fill in the blank ONLY if you have  moved  within  2
 9    years.
10        *3.  Fill in the blank ONLY if you have changed your name
11    within 2 years.
12        *4.  Fill  in the blank ONLY if you have not changed your
13    residence but  your  address  has  changed  as  a  result  of
14    implementation of a 9-1-1 emergency telephone system.

15        In   addition   to  such  an  affidavit,  the  person  so
16    challenged shall provide to the judges of election  proof  of
17    residence  by  producing  two forms of identification showing
18    the person's current residence address,  provided  that  such
19    identification  may  include  not more than one piece of mail
20    addressed to the person at his current residence address  and
21    postmarked  not earlier than 30 days prior to the date of the
22    election, or the person shall procure  a  witness  personally
23    known to the judges of election, and resident in the precinct
24    (or  district), or who shall be proved by some legal voter of
25    such precinct or district, known to the judges  to  be  such,
26    who shall take the oath following, viz:
27        I  do  solemnly swear (or affirm) that I am a resident of
28    this election precinct (or district), and entitled to vote at
29    this election, and that I have been a resident of this  State
30    for 30 days last past, and am well acquainted with the person
31    whose vote is now offered; that he is an actual and bona fide
32    resident  of  this  election  precinct (or district), and has
33    resided herein 30 days, and as  I  verily  believe,  in  this
34    State, 30 days next preceding this election.
 
SB745 Engrossed             -110-              LRB9101253EGfg
 1        The  oath  in  each case may be administered by either of
 2    the judges of election, or by any officer,  resident  in  the
 3    precinct or district, authorized by law to administer oaths.
 4        (b)  Whenever, at any regular or special election, in any
 5    precinct, district, city, village, incorporated town, town or
 6    ward,  any person offering to vote has moved therefrom within
 7    30 days prior to said regular or special election,  he  shall
 8    make and subscribe an affidavit, in the following form, which
 9    shall  be  supported  by  providing to the judges of election
10    proof of residence by producing two forms  of  identification
11    showing the person's current residence address, provided that
12    such  identification  may  include not more than one piece of
13    mail addressed to the person at his current residence address
14    and postmarked not earlier than 30 days prior to the date  of
15    the  election, or by one 1 affidavit of a registered voter in
16    the precinct, as provided herein,  both  of  which  shall  be
17    retained  by  the  judges  of  election, and returned by them
18    affixed to the poll books or with the official poll record:
19    State of Illinois)
20                     )ss.
21    County of .......)
22        I, ........., do solemnly swear (or affirm) that I  am  a
23    citizen  of  the    United States; that I am 18 years of age;
24    that I have not voted at this election; that prior to 30 days
25    preceding this election I was a duly qualified and registered
26    voter in every respect in this election district; that I have
27    recently moved from (here give the particular house or  place
28    of  residence,  and,  if  in  a  town or city, the street and
29    number), in this election district;  that  I  now  reside  at
30    (here  give  the particular house or place of residence, and,
31    if in a town or city, the  street  and  number),  in  another
32    election district in the State.
33        So  help  me  God,  (or "This I do solemnly and sincerely
34    affirm", as the case may be).
 
SB745 Engrossed             -111-              LRB9101253EGfg
 1                                           ......................
 2        Subscribed and sworn to before me on (insert date).  this
 3    ............. day of ........, 19......
 4                                           ......................
 5    State of Illinois)
 6                     )ss.
 7    County of .......)
 8                               ......... Precinct   ........ Ward
 9        I,  ........,  do solemnly swear (or affirm), that I am a
10    resident of this  precinct  and  entitled  to  vote  at  this
11    election;  that  I  am  acquainted  with  ....  (name  of the
12    applicant); that I verily believe him to have been an  actual
13    bona  fide resident and registered voter of this precinct and
14    that he maintained a legal residence therein,  30  days  next
15    preceding this election.
16                                             ....................
17        Subscribed  and sworn to before me on (insert date). this
18    .... day of...., 19...
19                                             ....................
20                                               Judge of Election.

21        The oath may be administered by either of the  judges  of
22    election,  or  by  any  officer,  resident in the precinct or
23    district, authorized by law to administer oaths.
24    (Source: P.A. 90-664, eff. 7-30-98; revised 10-20-98.)

25        (10 ILCS 5/17-17) (from Ch. 46, par. 17-17)
26        Sec.  17-17.   After  the  opening  of   the   polls   no
27    adjournment shall be had nor shall any recess be taken, until
28    all  the  votes  cast  at  such  election  have shall be been
29    counted and the result publicly announced, except  that  when
30    necessary one judge at a time may leave the polling place for
31    a  reasonable  time during the casting of ballots, and except
32    that when a polling  place  is  inaccessible  to  a  disabled
33    voter, one team of 2 judges of opposite party affiliation may
 
SB745 Engrossed             -112-              LRB9101253EGfg
 1    leave the polling place to deliver a ballot to such voter, as
 2    provided  in  Sections 7-47.1 and 17-13 of this Code.  When a
 3    judge leaves and returns, such judge shall sign a time  sheet
 4    indicating the length of the period such judge is absent from
 5    his  duties.   When absent, the judge shall authorize someone
 6    of the same political party as himself to act for  him  until
 7    he returns.
 8        Where  voting  machines  or electronic voting systems are
 9    used, the provisions of  this  section  may  be  modified  as
10    required   or  authorized  by  Article  24  or  Article  24A,
11    whichever is applicable.
12    (Source: P.A. 84-808; revised 10-31-98.)

13        (10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
14        Sec. 17-23.  Pollwatchers in a general election shall  be
15    authorized in the following manner:
16        (1)  Each  established  political party shall be entitled
17    to appoint two pollwatchers per precinct.  Such  pollwatchers
18    must  be  affiliated  with the political party for which they
19    are pollwatching.  For all elections, except as  provided  in
20    subsection  (4),  one  pollwatcher must be registered to vote
21    from a residence in the county in which he  is  pollwatching.
22    The  second  pollwatcher  must  be  registered to vote from a
23    residence  in  the  precinct  or  ward   in   which   he   is
24    pollwatching.
25        (2)  Each  candidate  shall  be  entitled  to appoint two
26    pollwatchers  per   precinct.    For   all   elections,   one
27    pollwatcher  must  be  registered to vote from a residence in
28    the  county  in  which  he  is  pollwatching.    The   second
29    pollwatcher  must  be  registered to vote from a residence in
30    the precinct or ward in which he is pollwatching.
31        (3)  Each organization of citizens within the  county  or
32    political  subdivision,  which  has  among  its  purposes  or
33    interests   the  investigation  or  prosecution  of  election
 
SB745 Engrossed             -113-              LRB9101253EGfg
 1    frauds, and which shall have registered its name and  address
 2    and the name and addresses of its principal officers with the
 3    proper  election  authority  at  least  40  days  before  the
 4    election,  shall  be  entitled to appoint one pollwatcher per
 5    precinct.   For  all  elections,  such  pollwatcher  must  be
 6    registered to vote from a residence in the county in which he
 7    is pollwatching.
 8        (4)  In any general election held to elect candidates for
 9    the  offices  of  a  municipality  of  less  than   3,000,000
10    population  that  is  situated  in  2  or  more  counties,  a
11    pollwatcher  who  is a resident of a county in which any part
12    of the municipality is situated shall be eligible to serve as
13    a pollwatcher in any poll located within  such  municipality,
14    provided  that  such  pollwatcher otherwise complies with the
15    respective requirements of subsections  (1)  through  (3)  of
16    this  Section  and  is  a registered voter whose residence is
17    within the municipality.
18        (5)  Each organized group of proponents or opponents of a
19    ballot proposition, which shall have registered the name  and
20    address  of  its  organization  or committee and the name and
21    address of its chairman with the proper election authority at
22    least 40 days before  the  election,  shall  be  entitled  to
23    appoint  one pollwatcher per precinct.  Such pollwatcher must
24    be registered to vote from a residence in the county in which
25    the ballot proposition is being voted upon.
26        All  pollwatchers  shall  be  required  to  have   proper
27    credentials.  Such credentials shall be printed in sufficient
28    quantities,  shall  be  issued  by  and  under  the facsimile
29    signature(s) of the election authority and shall be available
30    for distribution at least 2 weeks prior to the election. Such
31    credentials shall be authorized  by  the  real  or  facsimile
32    signature  of  the  State  or  local  party  official  or the
33    candidate or the presiding officer of the civic  organization
34    or  the  chairman  of the proponent or opponent group, as the
 
SB745 Engrossed             -114-              LRB9101253EGfg
 1    case may be.
 2        Pollwatcher credentials shall  be  in  substantially  the
 3    following form:

 4                       POLLWATCHER CREDENTIALS
 5    TO THE JUDGES OF ELECTION:
 6        In  accordance  with the provisions of the Election Code,
 7    the  undersigned  hereby   appoints   ..........   (name   of
 8    pollwatcher)  who  resides  at  ........... (address) in  the
 9    county of ..........., .......... (township or  municipality)
10    of  ...........  (name),  State  of  Illinois and who is duly
11    registered  to  vote  from  this   address,  to  act   as   a
12    pollwatcher  in  the  ........... precinct of the ...........
13    ward  (if  applicable)  of  the  ...........   (township   or
14    municipality)  of  ........... at the ........... election to
15    be held on .........., 19.. (insert date).
16    ........................  (Signature of Appointing Authority)
17    ......................... TITLE  (party official,  candidate,
18                                    civic organization president,
19                            proponent or opponent group chairman)

20        Under penalties provided by law pursuant to Section 29-10
21    of the Election Code, the undersigned  pollwatcher  certifies
22    that  he  or she resides at ................ (address) in the
23    county of ............, ......... (township or  municipality)
24    of  ...........  (name),  State  of  Illinois,  and  is  duly
25    registered to vote from that address.
26    ..........................            .......................
27    (Precinct and/or Ward in           (Signature of Pollwatcher)
28    Which Pollwatcher Resides)

29        Pollwatchers must present their credentials to the Judges
30    of  Election  upon  entering  the polling place.  Pollwatcher
31    credentials properly executed and signed shall  be  proof  of
32    the  qualifications  of  the  pollwatcher authorized thereby.
33    Such credentials are retained by the Judges and  returned  to
 
SB745 Engrossed             -115-              LRB9101253EGfg
 1    the Election Authority at the end of the day of election with
 2    the   other  election  materials.   Once  a  pollwatcher  has
 3    surrendered a valid credential, he may leave and reenter  the
 4    polling  place  provided that such continuing action does not
 5    disrupt the conduct of the  election.   Pollwatchers  may  be
 6    substituted  during  the  course  of the day, but established
 7    political   parties,   candidates   and    qualified    civic
 8    organizations can have only as many pollwatchers at any given
 9    time  as  are  authorized in this Article.  A substitute must
10    present his signed credential to the judges of election  upon
11    entering   the  polling  place.   Election  authorities  must
12    provide a sufficient  number  of  credentials  to  allow  for
13    substitution  of  pollwatchers.   After the polls have closed
14    pollwatchers shall be allowed to remain until the canvass  of
15    votes  is  completed; but may leave and reenter only in cases
16    of necessity, provided that such action is not so  continuous
17    as to disrupt the canvass of votes.
18        Candidates  seeking  office in a district or municipality
19    encompassing 2 or more counties shall be admitted to any  and
20    all  polling  places throughout such district or municipality
21    without regard to the counties in which such  candidates  are
22    registered  to  vote.   Actions  of  such candidates shall be
23    governed in each polling place by  the  same  privileges  and
24    limitations  that  apply  to pollwatchers as provided in this
25    Section.  Any such candidate who engages in an activity in  a
26    polling  place  which  could  reasonably  be  construed  by a
27    majority of the judges of election as campaign activity shall
28    be removed forthwith from such polling place.
29        Candidates seeking office in a district  or  municipality
30    encompassing  2 or more counties who desire to be admitted to
31    polling  places  on  election  day  in   such   district   or
32    municipality  shall  be  required to have proper credentials.
33    Such credentials shall be printed in  sufficient  quantities,
34    shall  be  issued by and under the facsimile signature of the
 
SB745 Engrossed             -116-              LRB9101253EGfg
 1    election authority of the  election  jurisdiction  where  the
 2    polling  place  in  which  the  candidate seeks admittance is
 3    located, and shall be available for distribution at  least  2
 4    weeks  prior  to  the  election.   Such  credentials shall be
 5    signed by the candidate.
 6        Candidate  credentials  shall  be  in  substantially  the
 7    following form:

 8                        CANDIDATE CREDENTIALS
 9        TO THE JUDGES OF ELECTION:
10        In accordance with the provisions of the Election Code, I
11    ...... (name  of  candidate)  hereby  certify  that  I  am  a
12    candidate for ....... (name of office) and seek admittance to
13    .......  precinct  of the ....... ward (if applicable) of the
14    ....... (township or municipality) of ....... at the  .......
15    election to be held on ...., 19.... (insert date).
16    .........................             .......................
17    (Signature of Candidate)              OFFICE FOR WHICH
18                                          CANDIDATE SEEKS
19                                          NOMINATION OR
20                                          ELECTION

21        Pollwatchers   shall   be   permitted   to   observe  all
22    proceedings relating to the conduct of the  election  and  to
23    station  themselves  in a position in the voting room as will
24    enable them  to  observe  the  judges  making  the  signature
25    comparison  between  the  voter  application  and  the  voter
26    registration   record  card;  provided,  however,  that  such
27    pollwatchers shall not be permitted to station themselves  in
28    such  close  proximity  to  the  judges  of election so as to
29    interfere with the orderly conduct of the election and  shall
30    not, in any event, be permitted to handle election materials.
31    Pollwatchers    may    challenge   for   cause   the   voting
32    qualifications of a person offering to vote and may  call  to
33    the  attention  of  the  judges  of  election  any  incorrect
 
SB745 Engrossed             -117-              LRB9101253EGfg
 1    procedure or apparent violations of this Code.
 2        If  a  majority  of the judges of election determine that
 3    the  polling  place   has   become   too   overcrowded   with
 4    pollwatchers  so  as to interfere with the orderly conduct of
 5    the  election,  the  judges  shall,  by   lot,   limit   such
 6    pollwatchers   to  a  reasonable  number,  except  that  each
 7    established or new political party shall be permitted to have
 8    at least one pollwatcher present.
 9        Representatives of an election authority, with regard  to
10    an  election  under  its  jurisdiction,  the  State  Board of
11    Elections, and law enforcement agencies,  including  but  not
12    limited  to a United States Attorney, a State's attorney, the
13    Attorney General,  and  a  State,  county,  or  local  police
14    department,  in  the  performance  of their official election
15    duties, shall be permitted at all times to enter  and  remain
16    in  the polling place.  Upon entering the polling place, such
17    representatives shall display their official  credentials  or
18    other identification to the judges of election.
19        Uniformed  police officers assigned to polling place duty
20    shall  follow  all  lawful  instructions  of  the  judges  of
21    election.
22        The provisions  of  this  Section  shall  also  apply  to
23    supervised casting of absentee ballots as provided in Section
24    19-12.2 of this Act.
25    (Source: P.A. 90-655, eff. 7-30-98; revised 10-19-98.)

26        (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
27        Sec.  19-8.  In case an absent voter's ballot is received
28    by the election  authority  prior  to  the  delivery  of  the
29    official ballots to the judges of election of the precinct in
30    which   said   elector  resides,  such  ballot  envelope  and
31    application,  sealed  in  the  carrier  envelope,  shall   be
32    enclosed  in  such  package  and  therewith  delivered to the
33    judges of such precinct. In case  the  official  ballots  for
 
SB745 Engrossed             -118-              LRB9101253EGfg
 1    such  precinct  have been delivered to the judges of election
 2    at the time of the receipt by the election authority of  such
 3    absent  voter's  ballot,  such  authority  shall  immediately
 4    enclose  said  envelope containing the absent voter's ballot,
 5    together with  his  application  therefor,  in  a  larger  or
 6    carrier envelope which shall be securely sealed and addressed
 7    on  the  face  to  the judges of election, giving the name or
 8    number of precinct, street and number of polling place,  city
 9    or  town  in  which such absent voter is a qualified elector,
10    and the words, "This  envelope  contains  an  absent  voter's
11    ballot  and  must be opened only on election day at the polls
12    immediately after the polls are closed," "mailing  the  same,
13    postage  prepaid,  to  such  judges  of  election, or if more
14    convenient, such officer  may  deliver  such  absent  voter's
15    ballot  to  the  judges  of  election  in  person  or by duly
16    deputized agent, said  officer  to  secure  his  receipt  for
17    delivery  of  such  ballot or ballots. Absent voters' ballots
18    returned by absentee voters to the election  authority  after
19    the closing of the polls on an election day shall be endorsed
20    by the election authority receiving the same with the day and
21    hour  of  receipt  and  shall be safely kept unopened by such
22    election authority for the period of time  required  for  the
23    preservation  of  ballots  used  at  such election, and shall
24    then, without being opened, be destroyed in  like  manner  as
25    the used ballots of such election.
26        All  absent  voters'  ballots  received  by  the election
27    authority after 12:00 noon on election day or  too  late  for
28    delivery  to  the  proper polling place before the closing of
29    the polls on election  day,  and  Special  Write-In  Absentee
30    Voter's  Blank  Ballots,  except  ballots  returned  by  mail
31    postmarked  after midnight preceding the opening of the polls
32    on election day, shall be endorsed by the election  authority
33    receiving the same with the day and hour of receipt and shall
34    be counted in the office of the election authority on the day
 
SB745 Engrossed             -119-              LRB9101253EGfg
 1    of  the  election after 7:00 p.m.  All absent voters' ballots
 2    delivered in error to the wrong precinct polling place  shall
 3    be  returned to the election authority and counted under this
 4    provision; however, all  absentee  ballots  received  by  the
 5    election  authority  by  the  close of absentee voting in the
 6    office of the election authority on the day preceding the day
 7    of election shall be delivered to the proper precinct polling
 8    places in time to be counted by the judges of election.
 9        Such counting shall commence no later than 8:00 p.m.  and
10    shall  be  conducted  by a panel or panels of election judges
11    appointed in the manner provided by law. Such counting  shall
12    continue   until  all  absent  voters'  ballots  received  as
13    aforesaid have been counted.
14        The procedures set forth in Section 19-9 of this Act  and
15    Articles  17  and  18 of this Code, shall apply to all absent
16    voters'  ballots  counted  under  this  provision,  including
17    comparing the signature  on  the  ballot  envelope  with  the
18    signature  of  the  voter on the permanent voter registration
19    record card taken from the master  file;  except  that  votes
20    shall  be  recorded  without  regard to precinct designation,
21    except for precinct offices.
22    (Source: P.A. 86-875; revised 10-31-98.)

23        (10 ILCS 5/24-1.1) (from Ch. 46, par. 24-1.1)
24        Sec. 24-1.1. The county board of  each  county  having  a
25    population  of  35,000 or more, with respect to all elections
26    for which the county board or the  county  clerk  is  charged
27    with  the  duty of providing materials and supplies, and each
28    board of election commissioners in a  municipality  having  a
29    population  of 35,000 or more with respect to elections under
30    its jurisdiction, must  provide  either  voting  machines  in
31    accordance  with this Article or electronic voting systems in
32    accordance with Article 24A for each precinct  for  all  such
33    elections  except  as  provided  in  Section 24-1.2 except in
 
SB745 Engrossed             -120-              LRB9101253EGfg
 1    elections held pursuant to the provisions of  Section  12  of
 2    Article  VI  of  the  Constitution  relating  to retention of
 3    judges  in  office,  in  which  event,  the  special   ballot
 4    containing the propositions on the retention of judges may be
 5    placed  on  the  voting  machines or devices. For purposes of
 6    this Section 24-1.1, the term "population" does  not  include
 7    persons prohibited from voting by Section 3-5 of this Act.
 8        Before  voting  machines or electronic voting systems are
 9    introduced, adopted or used in any precinct or  territory  at
10    least 2 months public notice must be given before the date of
11    the first election wherein such machines are to be used.  The
12    election  authority shall publish the notice at least once in
13    one or more newspapers published within its  jurisdiction  in
14    which  the  election is held.  If there is no such newspaper,
15    the notice shall be published in a newspaper published in the
16    county and having a general circulation within such political
17    subdivision of this State.  The notice shall be substantially
18    as follows:
19        Notice is hereby given that on  ....(give  date)....,  at
20    ....(give  place where election is held).... in the county of
21    .... an election will be held for ....(give name of office to
22    be filled).... at which voting machines will be used.
23        Dated at .... on (insert date). this  ....  day  of  ....
24    19...

25        The  notice referred to herein shall be given only at the
26    first election at which such voting  machines  or  electronic
27    voting systems are used.
28    (Source: P.A. 81-891; revised 10-20-98.)

29        (10 ILCS 5/24A-3) (from Ch. 46, par. 24A-3)
30        Sec. 24A-3. Except as otherwise provided in this Section,
31    any county board, board of county commissioners and any board
32    of  election  commissioners, with respect to territory within
33    its jurisdiction, may adopt, experiment with,  or  abandon  a
 
SB745 Engrossed             -121-              LRB9101253EGfg
 1    voting  system  approved  for  use  by  the  State  Board  of
 2    Elections  and  may  use such voting system in all or some of
 3    the precincts within its jurisdiction, or in combination with
 4    paper ballots or voting machines.   Any  such  county  board,
 5    board   of   county   commissioners   or  board  of  election
 6    commissioners may contract for the tabulation of votes  at  a
 7    location  outside  its territorial jurisdiction when there is
 8    no  suitable  tabulating  equipment  available   within   its
 9    territorial  jurisdiction.    In  no case may a county board,
10    board  of  county  commissioners   or   board   of   election
11    commissioners  contract or arrange for the purchase, lease or
12    loan  of  an  electronic  voting  system  or  voting   system
13    component   without  the  approval  of  the  State  Board  of
14    Elections as provided by Section 24A-16.  However, the county
15    board and board of county commissioners of each county having
16    a population of 40,000 or more, with respect to all elections
17    for which the county board or the  county  clerk  is  charged
18    with  the  duty of providing materials and supplies, and each
19    board of election commissioners in a  municipality  having  a
20    population of 40,000 or more, with respect to elections under
21    its jurisdiction, must provide either voting systems approved
22    for use by the State Board of Elections under this Article or
23    voting  machines  under  Article 24 for each precinct for all
24    such elections except as provided  in  Section  24-1.2.   For
25    purposes  of  this  Section 24A-3, the term "population" does
26    not include persons prohibited from voting by Section 3-5  of
27    this Act.
28        Before  any such system is introduced, adopted or used in
29    any precinct or territory at least  2  months  public  notice
30    must  be  given before the date of the first election wherein
31    such voting system is to be  used.   The  election  authority
32    shall  publish  the  notice  at  least  once  in  one or more
33    newspapers   published   within   the   county,   or    other
34    jurisdiction,  as  the  case may be, in which the election is
 
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 1    held.  If there is no such newspaper,  the  notice  shall  be
 2    published in a newspaper published in the county and having a
 3    general  circulation  within  such  jurisdiction.  The notice
 4    shall be substantially as follows:
 5        Notice is hereby given that on  ....(give  date)....,  at
 6    ....(give  place where election is held).... in the county of
 7    ...., an election will be held for ....(give name of  offices
 8    to  be  filled).... at which an electronic voting system will
 9    be used.
10        Dated at .... on (insert date). this  ....  day  of  ....
11    19...

12        The  notice referred to herein shall be given only at the
13    first election  at  which  such  voting  machines  or  voting
14    systems are used.
15    (Source: P.A. 85-958; revised 10-20-98.)

16        (10 ILCS 5/24B-3)
17        Sec.  24B-3.  Adoption, experimentation or abandonment of
18    Precinct   Tabulation   Optical   Scan   Technology   system;
19    Boundaries  of  precincts;  Notice.   Except   as   otherwise
20    provided  in  this Section, any county board, board of county
21    commissioners and any board of election  commissioners,  with
22    respect  to  territory  within  its  jurisdiction, may adopt,
23    experiment with, or abandon  a  Precinct  Tabulation  Optical
24    Scan  Technology  voting system approved for use by the State
25    Board of  Elections  and  may  use  the  Precinct  Tabulation
26    Optical  Scan  Technology voting system in all or some of the
27    precincts within its jurisdiction,  or  in  combination  with
28    paper ballots or voting machines.  Any county board, board of
29    county  commissioners  or board of election commissioners may
30    contract for the tabulation of votes at  a  location  outside
31    its  territorial  jurisdiction  when  there  is  no  suitable
32    tabulating   equipment   available   within  its  territorial
33    jurisdiction.  In no case may a county board, board of county
 
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 1    commissioners or board of election commissioners contract  or
 2    arrange  for  the  purchase,  lease  or loan of an electronic
 3    Precinct Tabulation Optical Scan Technology voting system  or
 4    Precinct  Tabulation  Optical  Scan  Technology voting system
 5    component  without  the  approval  of  the  State  Board   of
 6    Elections as provided by Section 24B-16.  However, the county
 7    board and board of county commissioners of each county having
 8    a population of 40,000 or more, with respect to all elections
 9    for  which  the  county  board or the county clerk is charged
10    with the duty of providing materials and supplies,  and  each
11    board  of  election  commissioners in a municipality having a
12    population of 40,000 or more, with respect to elections under
13    its jurisdiction, must  provide  either  Precinct  Tabulation
14    Optical  Scan  Technology  voting systems approved for use by
15    the State Board of Elections under  this  Article  or  voting
16    systems under Article 24A or Article 24 for each precinct for
17    all such elections except as provided in Section 24-1.2.  For
18    purposes  of  this  Section 24B-3, the term "population" does
19    not include persons prohibited from voting by Section 3-5  of
20    this Code.
21        Before   any   such   Precinct  Tabulation  Optical  Scan
22    Technology system is  introduced,  adopted  or  used  in  any
23    precinct or territory at least 2 months public notice must be
24    given  before  the  date  of  the  first  election  where the
25    Precinct Tabulation Optical Scan Technology voting system  is
26    to  be used.  The election authority shall publish the notice
27    at least once in one or more newspapers published within  the
28    county,  or  other  jurisdiction, where the election is held.
29    If there is no such newspaper, the notice shall be  published
30    in  a  newspaper published in the county and having a general
31    circulation within such jurisdiction.  The  notice  shall  be
32    substantially as follows:
33        Notice  is  hereby  given that on ....(give date)...., at
34    ....(give place where election is held).... in the county  of
 
SB745 Engrossed             -124-              LRB9101253EGfg
 1    ....,  an election will be held for ....(give name of offices
 2    to be filled).... at which a Precinct Tabulation Optical Scan
 3    Technology electronic voting system will be used.
 4        Dated at.... on (insert date).  this  ....  day  of  ....
 5    19....
 6        This  notice referred to shall be given only at the first
 7    election  at  which  the  Precinct  Tabulation  Optical  Scan
 8    Technology voting machines  or  Precinct  Tabulation  Optical
 9    Scan Technology voting systems are used.
10    (Source: P.A. 89-394, eff. 1-1-97; revised 10-20-98.)

11        Section  11.   The  Secretary  of State Act is amended by
12    changing Section 5 as follows:

13        (15 ILCS 305/5) (from Ch. 124, par. 5)
14        Sec. 5.  It shall be the duty of the Secretary of State:
15        1.  To countersign and affix the seal  of  state  to  all
16    commissions required by law to be issued by the Governor.
17        2.  To  make  a  register  of  all  appointments  by  the
18    Governor,   specifying   the  person  appointed,  the  office
19    conferred, the date of the appointment, the date when bond or
20    oath is taken and the date filed.  If Senate confirmation  is
21    required,  the  date of the confirmation shall be included in
22    the register.
23        3.  To make proper indexes to public  acts,  resolutions,
24    papers and documents in his office.
25        3-a.  To  review  all rules of all State agencies adopted
26    in compliance with the codification system prescribed by  the
27    Secretary.   The review shall be for the purposes and include
28    all  the  powers  and  duties  provided   in   the   Illinois
29    Administrative  Procedure  Act.  The Secretary of State shall
30    cooperate with the Legislative Information System  to  insure
31    the  accuracy  of  the text of the rules maintained under the
32    Legislative Information System Act.
 
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 1        4.  To give any person  requiring  the  same  paying  the
 2    lawful  fees  therefor,  a  copy of any law, act, resolution,
 3    record or  paper  in  his  office,  and  attach  thereto  his
 4    certificate, under the seal of the state.
 5        5.  To  take  charge of and preserve from waste, and keep
 6    in repair,  the  houses,  lots,  grounds  and  appurtenances,
 7    situated  in  the  City  of  Springfield, and belonging to or
 8    occupied by the State, the care of  which  is  not  otherwise
 9    provided  for by law, and to take charge of and preserve from
10    waste, and keep in repair,  the  houses,  lots,  grounds  and
11    appurtenances,  situated  in  the  State  outside the City of
12    Springfield   where   such   houses,   lots,   grounds    and
13    appurtenances  are  occupied by the Secretary of State and no
14    other State officer or agency.
15        6.  To supervise the distribution of the laws.
16        7.  To perform such other duties as may  be  required  by
17    law.  The  Secretary  of  State  may,  within  appropriations
18    authorized  by  the General Assembly, maintain offices in the
19    State Capital and in such other places in the State as he may
20    deem necessary to properly carry out the  powers  and  duties
21    vested in him by law.
22    (Source: P.A. 88-161; revised 10-31-98.)

23        Section  12.   The  Illinois  Identification  Card Act is
24    amended by changing Section 14B as follows:

25        (15 ILCS 335/14B) (from Ch. 124, par. 34B)
26        Sec. 14B.  Fraudulent identification card.
27        (a)  As used in this Section:
28             1.  "A fraudulent  identification  card"  means  any
29        identification  card  which  purports  to  be an official
30        identification card for which a computerized  number  and
31        file have not been created by the Secretary of State, the
32        United  States  Government  or  any  state  or  political
 
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 1        subdivision    thereof,    or    any    governmental   or
 2        quasi-governmental organization.  For the purpose of this
 3        paragraph, any identification  card  which  resembles  an
 4        official  identification  card  in  either  size,  color,
 5        photograph   location,   or   design  or  uses  the  word
 6        "official", "state", "Illinois", or the name of any other
 7        state  or   political   subdivision   thereof,   or   any
 8        governmental     or    quasi-governmental    organization
 9        individually or in any combination thereof to describe or
10        modify the term  "identification  card"  or  "I.D.  card"
11        anywhere  on the card, or uses a shape in the likeness of
12        Illinois or any other state on the photograph side of the
13        card, is deemed to be a  fraudulent  identification  card
14        unless  the words "This is not an official Identification
15        Card",  appear  prominently  upon  it  in  black  colored
16        lettering in 12 point type on the photograph side of  the
17        card,  and  no  such card shall be smaller in size than 3
18        inches by 4 inches, and the photograph shall  be  on  the
19        left side of the card only.
20             2.  "A license-making implement" means any implement
21        specially  designed or primarily used in the manufacture,
22        assembly or authentication  of  any  identification  card
23        issued  by  the  Secretary  of  State,  the United States
24        Government, the State of Illinois or any other  state  or
25        political  subdivision  of the state, or any governmental
26        or  quasi-governmental  organization.   Such   implements
27        include,  but  are  not  limited  to,  cameras  used  for
28        creating  identification  card photographs, camera cards,
29        or identification card laminates.

30        (b)  It is a violation of this Section for any person:
31             1.  To knowingly possess, display, or  cause  to  be
32        displayed any fraudulent identification card;
33             2.  To  knowingly  possess,  display  or cause to be
34        displayed any  fraudulent  identification  card  for  the
 
SB745 Engrossed             -127-              LRB9101253EGfg
 1        purpose  of obtaining any account, credit, credit card or
 2        debit card from a bank, financial institution  or  retail
 3        mercantile establishment;.
 4             3.  To     knowingly    possess    any    fraudulent
 5        identification card with the intent to  commit  a  theft,
 6        deception  or  credit or debit card fraud in violation of
 7        any  law  of  this  State  or  any  law  of   any   other
 8        jurisdiction;
 9             4.  To     knowingly    possess    any    fraudulent
10        identification card with the intent to commit  any  other
11        violation  of  any  law  of  this State or any law of any
12        other jurisdiction for which a  sentence  to  a  term  of
13        imprisonment  in  a  penitentiary for one year or more is
14        provided;
15             5.  To    knowingly    possess    any     fraudulent
16        identification  card  while in unauthorized possession of
17        any document, instrument or device capable of  defrauding
18        another;
19             6.  To     knowingly    possess    any    fraudulent
20        identification  card  with  the   intent   to   use   the
21        identification  card  to acquire any other identification
22        document;
23             7.  To  knowingly  possess  without  authority   any
24        license-making implement;
25             8.  To  knowingly  possess any stolen identification
26        card making implement;
27             9.  To knowingly  duplicate,  manufacture,  sell  or
28        transfer any fraudulent identification card;
29             10.  To  advertise  or distribute any information or
30        materials that promote the selling, giving, or furnishing
31        of a fraudulent identification card.

32        (c)  Sentence.
33             1.  Any person convicted of a violation of paragraph
34        1 of subsection (b) of this Section shall be guilty of  a
 
SB745 Engrossed             -128-              LRB9101253EGfg
 1        Class  4  felony and shall be sentenced to a minimum fine
 2        of $500 or 50 hours of community service,  preferably  at
 3        an alcohol abuse prevention program, if available.
 4             2.  Any  person  convicted  of a violation of any of
 5        paragraphs 2 through 9 of subsection (b) of this  Section
 6        shall  be guilty of a Class 4 felony.  A person convicted
 7        of a second or subsequent violation shall be guilty of  a
 8        Class 3 felony.
 9             3.  Any   person   who   violates  paragraph  10  of
10        subsection (b) of this Section is guilty  of  a  Class  A
11        misdemeanor.
12        (d)  This   Section   does   not  prohibit  any  lawfully
13    authorized  investigative,  protective,  law  enforcement  or
14    other activity of any agency of the United States,  State  of
15    Illinois or any other state or political subdivision thereof.
16        (e)  The  Secretary  of  State  may  request the Attorney
17    General to seek a restraining  order  in  the  circuit  court
18    against  any  person  who violates paragraph 10 of subsection
19    (b) of this Section by advertising fraudulent  identification
20    cards.
21    (Source: P.A. 88-210; 89-283, eff. 1-1-96; revised 10-31-98.)

22        Section  13.   The  State  Comptroller  Act is amended by
23    changing Section 14 as follows:

24        (15 ILCS 405/14) (from Ch. 15, par. 214)
25        Sec.  14.  Forms  of  documents.   The  Comptroller   may
26    prescribe  and  require  State  agencies to use forms for all
27    documents required by law in the performance of his duties or
28    which he may reasonably require  therefor.   The  Comptroller
29    may prescribe by rule the general nature of information to be
30    contained  in  contracts  required to be filed with him under
31    Sections 11 and 15 of this  Act.   Any  such  rule  shall  be
32    adopted,  amended  or  repealed  as  provided by the Illinois
 
SB745 Engrossed             -129-              LRB9101253EGfg
 1    Administrative Procedure Act.
 2        The Comptroller may, when he deems it advisable  for  the
 3    promotion  of efficiency in State government, accept magnetic
 4    tape  vouchers,  electronically   submitted   vouchers,   and
 5    computer  output  microfiche vouchers.  The Comptroller shall
 6    process such  vouchers  as  provided  in  Section  9.   These
 7    vouchers  shall  be  subject  to  conditions and requirements
 8    established by the Comptroller.
 9        Computer  output  microfiche  vouchers  shall  be  deemed
10    original records under the Comptroller's Records Act.
11    (Source: P.A. 89-360, eff. 8-17-95; revised 10-31-98.)

12        Section 14.  The Alcoholism  and  Other  Drug  Abuse  and
13    Dependency  Act  is  amended  by  changing  Section  15-45 as
14    follows:

15        (20 ILCS 301/15-45)
16        Sec. 15-45.  Notice.  For the purposes of this  Act,  the
17    notice  required  under  Section  10-25  10  of  the Illinois
18    Administrative Procedure Act is deemed sufficient when mailed
19    to the last known address of a party.
20    (Source: P.A. 88-80; revised 10-31-98.)

21        Section 15.  The Personnel Code is  amended  by  changing
22    Sections 4c and 8c as follows:

23        (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
24        Sec. 4c.  General exemptions.  The following positions in
25    State service shall be exempt from jurisdictions A, B, and C,
26    unless  the  jurisdictions  shall  be extended as provided in
27    this Act:
28             (1)  All officers elected by the people.
29             (2)  All positions under  the  Lieutenant  Governor,
30        Secretary  of  State, State Treasurer, State Comptroller,
 
SB745 Engrossed             -130-              LRB9101253EGfg
 1        State Board of Education, Clerk of the Supreme Court, and
 2        Attorney General.
 3             (3)  Judges,  and  officers  and  employees  of  the
 4        courts, and notaries public.
 5             (4)  All officers  and  employees  of  the  Illinois
 6        General    Assembly,   all   employees   of   legislative
 7        commissions, all officers and employees of  the  Illinois
 8        Legislative  Reference  Bureau,  the Legislative Research
 9        Unit, and the Legislative Printing Unit.
10             (5)  All positions in the  Illinois  National  Guard
11        and  Illinois  State  Guard,  paid  from federal funds or
12        positions  in  the  State   Military  Service  filled  by
13        enlistment and paid from State funds.
14             (6)  All employees of the Governor at the  executive
15        mansion and on his immediate personal staff.
16             (7)  Directors of Departments, the Adjutant General,
17        the  Assistant  Adjutant  General,  the  Director  of the
18        Illinois Emergency Management Agency, members  of  boards
19        and  commissions,   and  all other positions appointed by
20        the Governor by and with the consent of the Senate.
21             (8)  The presidents, other principal  administrative
22        officers,  and teaching, research and extension faculties
23        of Chicago State University, Eastern Illinois University,
24        Governors State University,  Illinois  State  University,
25        Northeastern   Illinois   University,  Northern  Illinois
26        University, Western  Illinois  University,  the  Illinois
27        Community  College  Board,  Southern Illinois University,
28        Illinois  Board  of  Higher  Education,   University   of
29        Illinois,   State   Universities  Civil  Service  System,
30        University  Retirement  System  of  Illinois,   and   the
31        administrative  officers  and  scientific  and  technical
32        staff of the Illinois State Museum.
33             (9)  All  other  employees  except  the  presidents,
34        other  principal  administrative  officers, and teaching,
 
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 1        research and  extension  faculties  of  the  universities
 2        under  the  jurisdiction  of the Board of Regents and the
 3        colleges and universities under the  jurisdiction of  the
 4        Board  of  Governors  of State Colleges and Universities,
 5        Illinois  Community  College  Board,  Southern   Illinois
 6        University,  Illinois Board of Higher Education, Board of
 7        Governors of State Colleges and Universities,  the  Board
 8        of  Regents,  University  of Illinois, State Universities
 9        Civil Service System,  University  Retirement  System  of
10        Illinois,  so long as these are subject to the provisions
11        of the State Universities Civil Service Act.
12             (10)  The State Police so long as they  are  subject
13        to the merit provisions of the State Police Act.
14             (11)  The  scientific  staff of the State Scientific
15        Surveys and the Waste Management and Research Center.
16             (12)  The technical and engineering  staffs  of  the
17        Department  of  Transportation, the Department of Nuclear
18        Safety and the  Illinois  Commerce  Commission,  and  the
19        technical  and  engineering staff providing architectural
20        and engineering services in  the  Department  of  Central
21        Management Services.
22             (13)  All  employees  of  the  Illinois  State  Toll
23        Highway Authority Commission.
24             (14)  The Secretary of the Industrial Commission.
25             (15)  All  persons  who are appointed or employed by
26        the Director of Insurance  under authority of Section 202
27        of the Illinois Insurance Code to assist the Director  of
28        Insurance in discharging his responsibilities relating to
29        the  rehabilitation,   liquidation,   conservation,   and
30        dissolution   of   companies  that  are  subject  to  the
31        jurisdiction of the Illinois  Insurance Code.
32             (16)  All employees of the  St.  Louis  Metropolitan
33        Area Airport Authority.
34             (17)  All   investment   officers  employed  by  the
 
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 1        Illinois State Board of Investment.
 2             (18)  Employees  of   the   Illinois   Young   Adult
 3        Conservation  Corps program, administered by the Illinois
 4        Department of Natural Resources, authorized grantee under
 5        Title VIII of the Comprehensive Employment  and  Training
 6        Act of 1973, 29 USC 993.
 7             (19)  Seasonal   employees   of  the  Department  of
 8        Agriculture for the operation of the Illinois State  Fair
 9        and  the DuQuoin State Fair, no one person receiving more
10        than 29 days of such employment in any calendar year.
11             (20)  All  "temporary"  employees  hired  under  the
12        Department of Natural  Resources'  Illinois  Conservation
13        Service,  a  youth  employment  program  that hires young
14        people to work in State parks for a period of one year or
15        less.
16             (21)  All  hearing  officers  of  the  Human  Rights
17        Commission.
18             (22)  All employees of the Illinois Mathematics  and
19        Science Academy.
20             (23)  All  employees  of  the  Kankakee River Valley
21        Area Airport Authority.
22    (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96; 90-490,
23    eff. 8-17-97; revised 10-31-98.)

24        (20 ILCS 415/8c) (from Ch. 127, par. 63b108c)
25        Sec. 8c.  Jurisdiction C; conditions of employment.   For
26    positions in the State service subject to the jurisdiction of
27    the Department of Central Management Services with respect to
28    conditions of employment:
29        (1)  For  establishment  of a plan for resolving employee
30    grievances and complaints, excluding compulsory arbitration.
31        (2)  For  hours  of  work,   holidays,   and   attendance
32    regulation  in  the various classes of positions in the State
33    service; for annual, sick and special leaves of absence, with
 
SB745 Engrossed             -133-              LRB9101253EGfg
 1    or without pay or with reduced pay; for compensatory time off
 2    for overtime or for pay for overtime, and  for  the  rate  at
 3    which  compensatory time off is to be allowed or for the rate
 4    which is to be paid for  overtime.  If  the  services  of  an
 5    employee in the State service are terminated by reason of his
 6    retirement,  disability  or  death, he, or his estate, as the
 7    case may be, shall be paid a lump sum, for the number of days
 8    for leave  for  personal  business  which  the  employee  had
 9    accumulated  but  not  used  as of the date his services were
10    terminated, in an amount equal to 1/2 of his pay per  working
11    day  times  the  number of such leave days so accumulated and
12    not used.
13        (3)  For the development and  operation  of  programs  to
14    improve the work effectiveness and morale of employees in the
15    State  service,  including training, safety, health, welfare,
16    counseling,  recreation,  employee  relations,  a  suggestion
17    system, and others.
18        Employees whose tuition and fees are paid by  the  State,
19    either  directly  or  by  reimbursement,  shall  incur a work
20    commitment to the State. Employees whose State paid  training
21    has  not  led to a postsecondary degree shall be obligated to
22    continue in the employ of the State, but not  necessarily  in
23    the same agency, for a period of at least 18 months following
24    completion  of the most recent course.  Employees whose State
25    paid training has led to a  postsecondary  degree  and  whose
26    State  payments  have  paid  for  50% or more of the required
27    credit hours shall be obligated to continue in the employ  of
28    the  State,  but  not  necessarily  in the same agency, for a
29    minimum of 4 years after receiving the degree.
30        If the employee does not fulfill this work commitment  by
31    voluntarily  leaving  State employment, the State may recover
32    payments in a civil action and may also recover  interest  at
33    the  rate  of  1%  per  month  from  the time the State makes
34    payment until the time the State recovers the  payment.   The
 
SB745 Engrossed             -134-              LRB9101253EGfg
 1    amount  the State may recover under this subsection (3) shall
 2    be reduced by 25% of the gross amount paid by the  State  for
 3    each  year  the  employee  is employed by the State after the
 4    employee receives a postsecondary degree, and 1/18th  of  the
 5    gross amount paid by the State for each month the employee is
 6    employed  by  the State after the employee completes the most
 7    recent course which has not led to a postsecondary degree.
 8        The State shall not recover payments for course work or a
 9    training program that was (a) started  before  the  effective
10    date  of  this  Act;  (b)  completed  as  a requirement for a
11    grammar school certificate  or  a  high  school  diploma,  to
12    prepare   for   a   high  school  level  General  Educational
13    Development Test or to  improve  literacy  or  numeracy;  (c)
14    specialized  training  in  the form of a conference, seminar,
15    workshop or similar arrangement offered by public or  private
16    organizations;  (d)  provided  as part of the Upward Mobility
17    Program administered by the Department of Central  Management
18    Services; or (e) a condition of continued employment.
19        Department  of State Police employees who are enrolled in
20    an official training program that lasts longer than one  year
21    shall  incur  a  work  commitment  to  the  State.   The work
22    commitment shall be 2 months  for  each  month  of  completed
23    training.   If  the  employee  fails  to  fulfill  this  work
24    commitment by voluntarily leaving State employment, the State
25    may recover wages in a civil  action  and  may  also  recover
26    interest  at the rate of 1% per month from the time the State
27    makes payment until the time the State recovers the  payment.
28    The  amount  the  State may recover under this subsection (3)
29    shall be reduced by the number of  months  served  after  the
30    training is completed times the monthly salary at the time of
31    separation.
32        The  Department  of  Central  Management  Services  shall
33    promulgate  rules governing recovery activities to be used by
34    all  State  agencies   paying,   whether   directly   or   by
 
SB745 Engrossed             -135-              LRB9101253EGfg
 1    reimbursement,  for  employee  tuition  and  fees.  Each such
 2    agency  shall  make  necessary  efforts,  including  pursuing
 3    appropriate   legal   action,   to   recover    the    actual
 4    reimbursements  and  applicable  interest due the State under
 5    this subsection (3).
 6        (4)  For  the  establishment  of  a  sick  pay  plan   in
 7    accordance with Section 36 of the State Finance Act.
 8        (5)  For  the  establishment  of  a family responsibility
 9    leave plan under which an employee in the State  service  may
10    request  and  receive  a  leave of absence for up to one year
11    without penalty whenever such leave is  requested  to  enable
12    the  employee  to  meet  a bona fide family responsibility of
13    such employee.  The procedure for determining and documenting
14    the existence of a bona fide family responsibility  shall  be
15    as  provided  by rule, but without limiting the circumstances
16    which shall constitute  a  bona  fide  family  responsibility
17    under  the  rules,  such  circumstances  shall  include leave
18    incident to  the  birth  of  the  employee's  child  and  the
19    responsibility  thereafter  to  provide  proper  care to that
20    child or to a newborn child  adopted  by  the  employee,  the
21    responsibility   to  provide  regular  care  to  a  disabled,
22    incapacitated  or  bedridden  resident  of   the   employee's
23    household  or  member  of  the  employee's  family,  and  the
24    responsibility   to   furnish   special  guidance,  care  and
25    supervision to a resident  of  the  employee's  household  or
26    member  of  the  employee's  family  in  need  thereof  under
27    circumstances  temporarily  inconsistent  with  uninterrupted
28    employment in State service.  The family responsibility leave
29    plan  so  established shall provide that any such leave shall
30    be without pay, that the seniority of the  employee  on  such
31    leave  shall  not  be reduced during the period of the leave,
32    that such leave shall not under any circumstance or  for  any
33    purpose  be  deemed to cause a break in such employee's State
34    service, that during the period of such leave any coverage of
 
SB745 Engrossed             -136-              LRB9101253EGfg
 1    the employee or the employee's dependents  which  existed  at
 2    the  commencement  of  the  leave  under  any  group  health,
 3    hospital,  medical  and  life insurance plan provided through
 4    the State shall continue so long as the employee pays to  the
 5    State  when  due  the full premium incident to such coverage,
 6    and that upon expiration of the leave the employee  shall  be
 7    returned  to  the same position and classification which such
 8    employee held at the commencement of the leave.  The Director
 9    of Central Management Services shall prepare  proposed  rules
10    consistent  with  this  paragraph  within  45  days after the
11    effective date of this amendatory Act of 1983, shall promptly
12    thereafter cause a public  hearing  thereon  to  be  held  as
13    provided  in  Section  8  and shall within 120 days after the
14    effective date of this amendatory  Act  of  1983  cause  such
15    proposed   rules   to  be  submitted  to  the  Civil  Service
16    Commission as provided in Section 8.
17        (6)  For the development and  operation  of  a  plan  for
18    alternative  employment   for  any  employee  who  is able to
19    perform  alternative  employment  after  a  work  related  or
20    non-work  related  disability  essentially   precludes   that
21    employee  from  performing  his  or  her  currently  assigned
22    duties.  Such  a plan shall be voluntary for any employee and
23    nonparticipation shall not  be  grounds  for  denial  of  any
24    benefit  to  which  the employee would otherwise be eligible.
25    Any plan seeking to cover positions  for  which  there  is  a
26    recognized  bargaining  agent  shall be subject to collective
27    bargaining between the parties.
28        (7)  For the development and operation  of  an  Executive
29    Development  Program  to provide scholarships for the receipt
30    of academic degrees or senior executive training  beyond  the
31    Bachelor's  degree  level  for as many as 25 employees at any
32    given time:
33             (i)  each of whom is nominated for such  scholarship
34        by  the head of the employee's agency and approved by the
 
SB745 Engrossed             -137-              LRB9101253EGfg
 1        Director;
 2             (ii)  who are  subject  to  Term  Appointment  under
 3        Section  8b.18  8b18 or who would be subject to such Term
 4        Appointment but for Federal funding  or  who  are  exempt
 5        from  Jurisdiction B under subsections (2), (3) or (6) of
 6        Section 4d of this Act:
 7             (iii)  who meet the admission standards  established
 8        by  the  institution  awarding  the  advanced  degree  or
 9        conducting the training;
10             (iv)  each   of  whom  agrees,  as  a  condition  of
11        accepting such scholarship, that the  State  may  recover
12        the scholarship by garnishment, lien or other appropriate
13        legal  action  if  the  employee fails to continue in the
14        employ of the State, but  not  necessarily  in  the  same
15        agency,  for a minimum of 4 years following receipt of an
16        advanced degree or training and that the State may charge
17        interest from the time  of  payment  until  the  time  of
18        recovery of such scholarship of no less than 1% per month
19        or  12%  per  annum  on all funds recovered by the State.
20        The amount the State may recover under this Section  will
21        be  reduced  by 25% of the gross amount paid by the State
22        for each year of  employment  following  receipt  of  the
23        advanced degree or training.
24        The  Director  shall  in approving eligible employees for
25    the Executive  Development  Program  make  every  attempt  to
26    guarantee that at least 1/3 of the employees appointed to the
27    program  reflect  the  ratio  of  sex, race, and ethnicity of
28    eligible employees.
29        Such scholarships shall not exceed the amount established
30    for tuition and fees for the applicable  advanced  degree  or
31    training  at  State  universities  in  Illinois  whether  the
32    employee   enrolls   at   any   Illinois  public  or  private
33    institution, and shall not include any textbooks or equipment
34    such as personal computers.
 
SB745 Engrossed             -138-              LRB9101253EGfg
 1        The Department of Central Management Services shall  make
 2    necessary  efforts,  including  appropriate  legal action, to
 3    recover scholarships and interest thereupon  due  subject  to
 4    recovery  by  the  State  under  Subparagraph  (iv)  of  this
 5    Subsection (7).
 6    (Source: P.A. 86-1004; 87-279; 87-888; revised 10-31-98.)

 7        Section  16.   The  Children  and  Family Services Act is
 8    amended by changing Sections 5 and 9.8 as follows:

 9        (20 ILCS 505/5) (from Ch. 23, par. 5005)
10        Sec. 5.  Direct child  welfare  services;  Department  of
11    Children  and  Family  Services.   To  provide  direct  child
12    welfare  services  when not available through other public or
13    private child care or program facilities.
14        (a)  For purposes of this Section:
15             (1)  "Children" means persons found within the State
16        who are under  the  age  of  18  years.   The  term  also
17        includes persons under age 19 who:
18                  (A)  were  committed to the Department pursuant
19             to the Juvenile Court Act or the Juvenile Court  Act
20             of  1987, as amended, prior to the age of 18 and who
21             continue under the jurisdiction of the court; or
22                  (B)  were  accepted   for  care,  service   and
23             training  by  the  Department prior to the age of 18
24             and whose best interest in  the  discretion  of  the
25             Department  would be served by continuing that care,
26             service and training  because  of  severe  emotional
27             disturbances, physical disability, social adjustment
28             or  any  combination thereof, or because of the need
29             to complete an educational  or  vocational  training
30             program.
31             (2)  "Homeless youth" means persons found within the
32        State  who are under the age of 19, are not in a safe and
 
SB745 Engrossed             -139-              LRB9101253EGfg
 1        stable living situation and cannot be reunited with their
 2        families.
 3             (3)  "Child welfare services"  means  public  social
 4        services  which are directed toward the accomplishment of
 5        the following purposes:
 6                  (A)  protecting  and  promoting   the   health,
 7             safety  and welfare of children, including homeless,
 8             dependent or neglected children;
 9                  (B)  remedying, or assisting in the solution of
10             problems which may result in,  the  neglect,  abuse,
11             exploitation or delinquency of children;
12                  (C)  preventing  the  unnecessary separation of
13             children from their families by  identifying  family
14             problems,  assisting  families  in  resolving  their
15             problems,  and  preventing the breakup of the family
16             where the prevention of child removal  is  desirable
17             and possible when the child can be cared for at home
18             without endangering the child's health and safety;
19                  (D)  restoring  to  their families children who
20             have been removed, by the provision of  services  to
21             the  child  and  the  families when the child can be
22             cared for at home without  endangering  the  child's
23             health and safety;
24                  (E)  placing   children  in  suitable  adoptive
25             homes, in cases where restoration to the  biological
26             family is not safe, possible or appropriate;
27                  (F)  assuring   safe   and   adequate  care  of
28             children away from their homes, in cases  where  the
29             child  cannot  be  returned home or cannot be placed
30             for  adoption.   At  the  time  of  placement,   the
31             Department  shall  consider  concurrent planning, as
32             described in subsection (l-1)  of  this  Section  so
33             that   permanency   may   occur   at   the  earliest
34             opportunity.  Consideration should be given so  that
 
SB745 Engrossed             -140-              LRB9101253EGfg
 1             if  reunification fails or is delayed, the placement
 2             made is the  best  available  placement  to  provide
 3             permanency for the child;
 4                  (G)  (blank);
 5                  (H)  (blank); and
 6                  (I)  placing   and   maintaining   children  in
 7             facilities that provide separate living quarters for
 8             children under the age of 18  and  for  children  18
 9             years  of  age and older, unless a child 18 years of
10             age is in the last year of high school education  or
11             vocational  training,  in  an approved individual or
12             group  treatment  program,  in  a  licensed  shelter
13             facility,  or  secure  child  care   facility.   The
14             Department  is  not  required  to  place or maintain
15             children:
16                       (i)  who are in a foster home, or
17                       (ii)  who are persons with a developmental
18                  disability, as defined in the Mental Health and
19                  Developmental Disabilities Code, or
20                       (iii)  who are  female  children  who  are
21                  pregnant,  pregnant and parenting or parenting,
22                  or
23                       (iv)  who are siblings,
24             in facilities that provide separate living  quarters
25             for  children  18  years  of  age  and older and for
26             children under 18 years of age.
27        (b)  Nothing  in  this  Section  shall  be  construed  to
28    authorize the expenditure of public funds for the purpose  of
29    performing abortions.
30        (c)  The   Department   shall   establish   and  maintain
31    tax-supported child welfare services and extend and  seek  to
32    improve  voluntary  services throughout the State, to the end
33    that services and care shall be available on an  equal  basis
34    throughout the State to children requiring such services.
 
SB745 Engrossed             -141-              LRB9101253EGfg
 1        (d)  The Director may authorize advance disbursements for
 2    any new program initiative to any agency contracting with the
 3    Department.   As a prerequisite for an advance  disbursement,
 4    the  contractor  must post a surety bond in the amount of the
 5    advance disbursement and have a purchase of service  contract
 6    approved  by  the Department.  The Department may pay up to 2
 7    months operational expenses in advance.  The  amount  of  the
 8    advance  disbursement  shall be prorated over the life of the
 9    contract  or  the  remaining  months  of  the  fiscal   year,
10    whichever  is  less, and the installment amount shall then be
11    deducted   from   future   bills.     Advance    disbursement
12    authorizations  for  new initiatives shall not be made to any
13    agency after that agency has operated  during  2  consecutive
14    fiscal  years.  The  requirements  of this Section concerning
15    advance disbursements shall not apply  with  respect  to  the
16    following:   payments  to local public agencies for child day
17    care services as authorized by Section 5a of  this  Act;  and
18    youth  service  programs  receiving grant funds under Section
19    17a-4.
20        (e)  (Blank).
21        (f)  (Blank).
22        (g)  The Department shall establish rules and regulations
23    concerning its operation of programs  designed  to  meet  the
24    goals  of  child  safety and protection, family preservation,
25    family reunification, and adoption, including but not limited
26    to:
27             (1)  adoption;
28             (2)  foster care;
29             (3)  family counseling;
30             (4)  protective services;
31             (5)  (blank);
32             (6)  homemaker service;
33             (7)  return of runaway children;
34             (8)  (blank);
 
SB745 Engrossed             -142-              LRB9101253EGfg
 1             (9)  placement under Section  5-7  of  the  Juvenile
 2        Court  Act  or  Section  2-27, 3-28, 4-25 or 5-740 of the
 3        Juvenile Court Act of 1987 in accordance with the federal
 4        Adoption Assistance and Child Welfare Act of 1980; and
 5             (10)  interstate services.
 6        Rules and regulations established by the Department shall
 7    include provisions for  training  Department  staff  and  the
 8    staff  of  Department  grantees, through contracts with other
 9    agencies or resources, in alcohol and  drug  abuse  screening
10    techniques approved by the Department of Human Services, as a
11    successor  to  the  Department  of  Alcoholism  and Substance
12    Abuse, for the purpose of identifying children and adults who
13    should be referred to an alcohol  and  drug  abuse  treatment
14    program for professional evaluation.
15        (h)  If the Department finds that there is no appropriate
16    program or facility within or available to the Department for
17    a  ward and that no licensed private facility has an adequate
18    and appropriate program or none agrees to  accept  the  ward,
19    the  Department  shall  create an appropriate individualized,
20    program-oriented  plan  for  such  ward.   The  plan  may  be
21    developed  within  the  Department  or  through  purchase  of
22    services by the Department to the extent that  it  is  within
23    its statutory authority to do.
24        (i)  Service  programs  shall be available throughout the
25    State and shall include but not be limited to  the  following
26    services:
27             (1)  case management;
28             (2)  homemakers;
29             (3)  counseling;
30             (4)  parent education;
31             (5)  day care; and
32             (6)  emergency assistance and advocacy.
33        In addition, the following services may be made available
34    to assess and meet the needs of children and families:
 
SB745 Engrossed             -143-              LRB9101253EGfg
 1             (1)  comprehensive family-based services;
 2             (2)  assessments;
 3             (3)  respite care; and
 4             (4)  in-home health services.
 5        The  Department  shall  provide transportation for any of
 6    the services it makes available to children  or  families  or
 7    for which it refers children or families.
 8        (j)  The  Department  may provide categories of financial
 9    assistance  and  education  assistance  grants,   and   shall
10    establish rules and regulations concerning the assistance and
11    grants,   to   persons   who  adopt  physically  or  mentally
12    handicapped, older and other hard-to-place children  who  (i)
13    immediately  prior  to their adoption were legal wards of the
14    Department or (ii) were  determined  eligible  for  financial
15    assistance  with  respect  to a prior adoption and who become
16    available for adoption because the prior  adoption  has  been
17    dissolved  and  the  parental  rights of the adoptive parents
18    have been terminated or because the child's adoptive  parents
19    have  died.  The  Department  may  also provide categories of
20    financial assistance and  education  assistance  grants,  and
21    shall  establish rules and regulations for the assistance and
22    grants, to persons appointed guardian  of  the  person  under
23    Section  5-7 of the Juvenile Court Act or Section 2-27, 3-28,
24    4-25 or 5-740 of the Juvenile Court Act of 1987 for  children
25    who  were  wards  of the Department for 12 months immediately
26    prior to the appointment of the guardian.
27        The amount of assistance may  vary,  depending  upon  the
28    needs  of the child and the adoptive parents, as set forth in
29    the annual assistance agreement.  Special purpose grants  are
30    allowed  where  the  child  requires special service but such
31    costs may not exceed the amounts which similar services would
32    cost the Department if it were to provide or secure  them  as
33    guardian of the child.
34        Any  financial  assistance provided under this subsection
 
SB745 Engrossed             -144-              LRB9101253EGfg
 1    is inalienable by assignment,  sale,  execution,  attachment,
 2    garnishment,  or  any other remedy for recovery or collection
 3    of a judgment or debt.
 4        (j-5)  The  Department  shall  not  deny  or  delay   the
 5    placement  of  a  child for adoption if an approved family is
 6    available either outside of the  Department  region  handling
 7    the case, or outside of the State of Illinois.
 8        (k)  The  Department  shall  accept for care and training
 9    any child who has been adjudicated neglected  or  abused,  or
10    dependent  committed to it pursuant to the Juvenile Court Act
11    or the Juvenile Court Act of 1987.
12        (l)  Before July 1, 2000, the Department may provide, and
13    beginning July 1, 2000, the  Department  shall  offer  family
14    preservation  services,  as  defined  in  Section  8.2 of the
15    Abused and Neglected Child Reporting Act, to  help  families,
16    including adoptive and extended families. Family preservation
17    services  shall  be  offered  (i) to prevent the placement of
18    children in substitute care when the children  can  be  cared
19    for  at  home or in the custody of the person responsible for
20    the children's welfare, (ii) to reunite children  with  their
21    families, or (iii) to maintain an adoptive placement.  Family
22    preservation  services  shall  only  be offered when doing so
23    will not endanger the  children's  health  or  safety.   With
24    respect  to  children  who are in substitute care pursuant to
25    the Juvenile Court Act of 1987, family preservation  services
26    shall   not  be  offered  if  a  goal  other  than  those  of
27    subdivisions (A), (B), or (B-1) of subsection (2) of  Section
28    2-28  of  that  Act  has  been set. Nothing in this paragraph
29    shall be construed to create a private  right  of  action  or
30    claim on the part of any individual or child welfare agency.
31        The  Department  shall notify the child and his family of
32    the Department's responsibility to offer and  provide  family
33    preservation services as identified in the service plan.  The
34    child  and  his family shall be eligible for services as soon
 
SB745 Engrossed             -145-              LRB9101253EGfg
 1    as  the  report  is  determined  to  be   "indicated".    The
 2    Department  may  offer  services  to any child or family with
 3    respect to whom a report of suspected child abuse or  neglect
 4    has  been  filed, prior to concluding its investigation under
 5    Section 7.12 of the Abused and Neglected Child Reporting Act.
 6    However,  the  child's  or  family's  willingness  to  accept
 7    services shall not be considered in the  investigation.   The
 8    Department  may  also provide services to any child or family
 9    who is the subject of any report of suspected child abuse  or
10    neglect  or  may  refer  such  child  or  family  to services
11    available from other agencies in the community, even  if  the
12    report  is  determined  to be unfounded, if the conditions in
13    the child's or family's home are reasonably likely to subject
14    the child or family to  future  reports  of  suspected  child
15    abuse  or  neglect.   Acceptance  of  such  services shall be
16    voluntary.
17        The Department may, at its discretion  except  for  those
18    children  also adjudicated neglected or dependent, accept for
19    care  and  training  any  child  who  has  been   adjudicated
20    addicted,  as  a  truant minor in need of supervision or as a
21    minor  requiring  authoritative   intervention,   under   the
22    Juvenile  Court Act or the Juvenile Court Act of 1987, but no
23    such child shall be committed to the Department by any  court
24    without the approval of the Department.  A minor charged with
25    a  criminal  offense  under  the  Criminal  Code  of  1961 or
26    adjudicated delinquent shall not be placed in the custody  of
27    or  committed  to the Department by any court, except a minor
28    less than 13 years of age committed to the  Department  under
29    Section 5-710 of the Juvenile Court Act of 1987.
30        (l-1)  The legislature recognizes that the best interests
31    of  the  child  require  that the child be placed in the most
32    permanent  living  arrangement  as  soon  as  is  practically
33    possible.  To achieve this goal, the legislature directs  the
34    Department   of  Children  and  Family  Services  to  conduct
 
SB745 Engrossed             -146-              LRB9101253EGfg
 1    concurrent planning so  that  permanency  may  occur  at  the
 2    earliest  opportunity.   Permanent  living  arrangements  may
 3    include  prevention  of placement of a child outside the home
 4    of the family when the child can be cared for at home without
 5    endangering the child's health or safety; reunification  with
 6    the family, when safe and appropriate, if temporary placement
 7    is  necessary;  or  movement  of  the  child  toward the most
 8    permanent living arrangement and permanent legal status.
 9        When determining  reasonable  efforts  to  be  made  with
10    respect  to  a child, as described in this subsection, and in
11    making such reasonable efforts, the child's health and safety
12    shall be the paramount concern.
13        When a child is placed in  foster  care,  the  Department
14    shall  ensure  and document that reasonable efforts were made
15    to prevent or eliminate the need to remove the child from the
16    child's home.  The Department must make reasonable efforts to
17    reunify the family when  temporary  placement  of  the  child
18    occurs  unless  otherwise  required, pursuant to the Juvenile
19    Court Act of  1987.  At  any  time  after  the  dispositional
20    hearing   where   the   Department   believes   that  further
21    reunification services would be ineffective, it may request a
22    finding from the court that reasonable efforts are no  longer
23    appropriate.   The  Department  is  not  required  to provide
24    further reunification services after such a finding.
25        A decision to place a child in substitute care  shall  be
26    made  with  considerations of the child's health, safety, and
27    best interests.  At  the  time  of  placement,  consideration
28    should  also  be  given  so that if reunification fails or is
29    delayed, the placement made is the best  available  placement
30    to provide permanency for the child.
31        The  Department  shall  adopt rules addressing concurrent
32    planning for reunification and  permanency.   The  Department
33    shall   consider   the  following  factors  when  determining
34    appropriateness of concurrent planning:
 
SB745 Engrossed             -147-              LRB9101253EGfg
 1             (1)  the likelihood of prompt reunification;
 2             (2)  the past history of the family;
 3             (3)  the barriers to reunification  being  addressed
 4        by the family;
 5             (4)  the level of cooperation of the family;
 6             (5)  the  foster  parents'  willingness to work with
 7        the family to reunite;
 8             (6)  the  willingness  and  ability  of  the  foster
 9        family  to  provide  an  adoptive   home   or   long-term
10        placement;
11             (7)  the age of the child;
12             (8)  placement of siblings.
13        (m)  The  Department  may assume temporary custody of any
14    child if:
15             (1)  it has  received  a  written  consent  to  such
16        temporary  custody  signed by the parents of the child or
17        by the parent having custody of the child if the  parents
18        are  not  living together or by the guardian or custodian
19        of the child if the child is not in the custody of either
20        parent, or
21             (2)  the child is found in the State and  neither  a
22        parent,  guardian  nor  custodian  of  the  child  can be
23        located.
24    If the child is found in  his  or  her  residence  without  a
25    parent,  guardian,  custodian  or  responsible caretaker, the
26    Department may, instead of removing the  child  and  assuming
27    temporary  custody, place an authorized representative of the
28    Department in that residence until such  time  as  a  parent,
29    guardian  or  custodian  enters  the  home  and  expresses  a
30    willingness and apparent ability to ensure the child's health
31    and safety and resume permanent charge of the child, or until
32    a  relative enters the home and is willing and able to ensure
33    the child's health and safety and assume charge of the  child
34    until  a  parent,  guardian  or custodian enters the home and
 
SB745 Engrossed             -148-              LRB9101253EGfg
 1    expresses such willingness and ability to ensure the  child's
 2    safety  and  resume  permanent charge.  After a caretaker has
 3    remained in the home for a period not to exceed 12 hours, the
 4    Department must follow those procedures outlined  in  Section
 5    2-9,  3-11,  4-8, or 5-415 5-501 of the Juvenile Court Act of
 6    1987.
 7        The Department shall have the authority, responsibilities
 8    and duties that a legal custodian of  the  child  would  have
 9    pursuant  to  subsection  (9)  of Section 1-3 of the Juvenile
10    Court Act of 1987.  Whenever a child is taken into  temporary
11    custody  pursuant  to  an  investigation under the Abused and
12    Neglected Child Reporting Act, or pursuant to a referral  and
13    acceptance under the Juvenile Court Act of 1987 of a minor in
14    limited   custody,  the  Department,  during  the  period  of
15    temporary custody and before the child is  brought  before  a
16    judicial  officer  as  required by Section 2-9, 3-11, 4-8, or
17    5-415 5-501 of the Juvenile Court Act of 1987, shall have the
18    authority, responsibilities and duties that a legal custodian
19    of the child would have under subsection (9) of  Section  1-3
20    of the Juvenile Court Act of 1987.
21        The  Department  shall  ensure  that any child taken into
22    custody  is  scheduled  for  an  appointment  for  a  medical
23    examination.
24        A parent,  guardian  or  custodian  of  a  child  in  the
25    temporary custody of the Department who would have custody of
26    the  child  if  he  were  not in the temporary custody of the
27    Department may deliver to the  Department  a  signed  request
28    that  the  Department  surrender the temporary custody of the
29    child. The Department may retain  temporary  custody  of  the
30    child  for  10  days after the receipt of the request, during
31    which period the Department may cause to be filed a  petition
32    pursuant to the Juvenile Court Act of 1987.  If a petition is
33    so  filed,  the  Department shall retain temporary custody of
34    the child until the court orders otherwise.  If a petition is
 
SB745 Engrossed             -149-              LRB9101253EGfg
 1    not filed within the  10  day  period,  the  child  shall  be
 2    surrendered to the custody of the requesting parent, guardian
 3    or  custodian  not  later  than  the expiration of the 10 day
 4    period, at  which  time  the  authority  and  duties  of  the
 5    Department with respect to the temporary custody of the child
 6    shall terminate.
 7        (m-1)  The  Department  may place children under 18 years
 8    of age in a  secure  child  care  facility  licensed  by  the
 9    Department  that cares for children who are in need of secure
10    living arrangements for their health, safety, and  well-being
11    after  a  determination  is made by the facility director and
12    the Director or the Director's designate prior  to  admission
13    to  the  facility  subject  to Section 2-27.1 of the Juvenile
14    Court Act of 1987.  This subsection (m-1) does not apply to a
15    child who is subject to placement in a correctional  facility
16    operated  pursuant  to  Section 3-15-2 of the Unified Code of
17    Corrections.
18        (n)  The Department may place children under 18 years  of
19    age  in licensed child care facilities when in the opinion of
20    the  Department,  appropriate  services   aimed   at   family
21    preservation  have  been  unsuccessful  and cannot ensure the
22    child's  health  and  safety  or  are  unavailable  and  such
23    placement would be for  their  best  interest.   Payment  for
24    board,  clothing, care, training and supervision of any child
25    placed in a licensed child care facility may be made  by  the
26    Department,  by  the  parents  or guardians of the estates of
27    those children, or by both the Department and the parents  or
28    guardians,  except  that  no  payments  shall  be made by the
29    Department for any child placed  in  a  licensed  child  care
30    facility  for board, clothing, care, training and supervision
31    of such a child that exceed the average per  capita  cost  of
32    maintaining  and  of  caring  for a child in institutions for
33    dependent or neglected children operated by  the  Department.
34    However, such restriction on payments does not apply in cases
 
SB745 Engrossed             -150-              LRB9101253EGfg
 1    where  children  require  specialized  care and treatment for
 2    problems   of   severe   emotional   disturbance,    physical
 3    disability, social adjustment, or any combination thereof and
 4    suitable  facilities  for  the placement of such children are
 5    not available at payment rates  within  the  limitations  set
 6    forth  in  this  Section.  All  reimbursements  for  services
 7    delivered  shall  be  absolutely  inalienable  by assignment,
 8    sale, attachment, garnishment or otherwise.
 9        (o)  The Department  shall  establish  an  administrative
10    review  and  appeal  process  for  children  and families who
11    request  or  receive  child   welfare   services   from   the
12    Department.  Children who are wards of the Department and are
13    placed by private child welfare agencies, and foster families
14    with  whom  those  children are placed, shall be afforded the
15    same procedural and appeal rights as children and families in
16    the case of placement by the Department, including the  right
17    to  an   initial  review of a private agency decision by that
18    agency.  The Department shall insure that any  private  child
19    welfare  agency,  which  accepts  wards of the Department for
20    placement,  affords  those  rights  to  children  and  foster
21    families.  The Department  shall  accept  for  administrative
22    review  and an appeal hearing a complaint made by (i) a child
23    or foster family concerning a decision following  an  initial
24    review   by   a  private  child  welfare  agency  or  (ii)  a
25    prospective  adoptive  parent  who  alleges  a  violation  of
26    subsection (j-5) of this Section.  An appeal  of  a  decision
27    concerning  a  change  in  the  placement of a child shall be
28    conducted in an expedited manner.
29        (p)  There is hereby created the Department  of  Children
30    and  Family Services Emergency Assistance Fund from which the
31    Department  may  provide  special  financial  assistance   to
32    families which are in economic crisis when such assistance is
33    not available through other public or private sources and the
34    assistance  is deemed necessary to prevent dissolution of the
 
SB745 Engrossed             -151-              LRB9101253EGfg
 1    family unit or to reunite families which have been  separated
 2    due  to  child  abuse  and  neglect.   The  Department  shall
 3    establish  administrative  rules  specifying the criteria for
 4    determining eligibility for and  the  amount  and  nature  of
 5    assistance  to  be  provided.   The Department may also enter
 6    into  written  agreements  with  private  and  public  social
 7    service agencies to provide emergency financial  services  to
 8    families   referred  by  the  Department.  Special  financial
 9    assistance payments shall be available to a  family  no  more
10    than once during each fiscal year and the total payments to a
11    family may not exceed $500 during a fiscal year.
12        (q)  The   Department  may  receive  and  use,  in  their
13    entirety, for the benefit of children any gift,  donation  or
14    bequest  of  money  or  other  property  which is received on
15    behalf of such children, or any financial benefits  to  which
16    such  children  are  or  may  become entitled while under the
17    jurisdiction or care of the Department.
18        The Department  shall  set  up  and  administer  no-cost,
19    interest-bearing  savings  accounts  in appropriate financial
20    institutions ("individual accounts") for  children  for  whom
21    the  Department  is  legally  responsible  and  who have been
22    determined eligible for Veterans' Benefits,  Social  Security
23    benefits,  assistance allotments from the armed forces, court
24    ordered payments, parental voluntary  payments,  Supplemental
25    Security  Income,  Railroad  Retirement  payments, Black Lung
26    benefits, or other miscellaneous payments.   Interest  earned
27    by  each individual account shall be credited to the account,
28    unless disbursed in accordance with this subsection.
29        In disbursing funds from children's individual  accounts,
30    the Department shall:
31             (1)  Establish  standards  in  accordance with State
32        and federal laws for  disbursing  money  from  children's
33        individual   accounts.    In   all   circumstances,   the
34        Department's  "Guardianship  Administrator" or his or her
 
SB745 Engrossed             -152-              LRB9101253EGfg
 1        designee  must  approve  disbursements  from   children's
 2        individual accounts.  The Department shall be responsible
 3        for  keeping  complete  records  of all disbursements for
 4        each individual account for any purpose.
 5             (2)  Calculate on a monthly basis the  amounts  paid
 6        from  State funds for the child's board and care, medical
 7        care not covered under Medicaid, and social services; and
 8        utilize funds from the  child's  individual  account,  as
 9        covered   by   regulation,   to  reimburse  those  costs.
10        Monthly, disbursements  from  all  children's  individual
11        accounts,  up  to 1/12 of $13,000,000, shall be deposited
12        by the Department into the General Revenue Fund  and  the
13        balance over 1/12 of $13,000,000 into the DCFS Children's
14        Services Fund.
15             (3)  Maintain    any    balance    remaining   after
16        reimbursing for the child's costs of care,  as  specified
17        in  item  (2). The balance shall accumulate in accordance
18        with  relevant  State  and  federal  laws  and  shall  be
19        disbursed to the child or his or her guardian, or to  the
20        issuing agency.
21        (r)  The    Department   shall   promulgate   regulations
22    encouraging all adoption agencies to voluntarily  forward  to
23    the  Department  or  its  agent  names  and  addresses of all
24    persons who have applied  for  and  have  been  approved  for
25    adoption  of  a  hard-to-place  or  handicapped child and the
26    names of such children who have not been placed for adoption.
27    A list of such names and addresses shall be maintained by the
28    Department or its agent, and coded lists which  maintain  the
29    confidentiality  of the person seeking to adopt the child and
30    of the child shall be  made  available,  without  charge,  to
31    every  adoption agency in the State to assist the agencies in
32    placing  such  children  for  adoption.  The  Department  may
33    delegate to an agent its duty to maintain and make  available
34    such  lists.   The  Department  shall  ensure that such agent
 
SB745 Engrossed             -153-              LRB9101253EGfg
 1    maintains the confidentiality of the person seeking to  adopt
 2    the child and of the child.
 3        (s)  The  Department  of Children and Family Services may
 4    establish and implement a program to reimburse Department and
 5    private child welfare agency foster parents licensed  by  the
 6    Department  of  Children  and  Family  Services  for  damages
 7    sustained  by the foster parents as a result of the malicious
 8    or negligent acts of foster children, as  well  as  providing
 9    third  party  coverage for such foster parents with regard to
10    actions  of  foster  children  to  other  individuals.   Such
11    coverage will be secondary to  the  foster  parent  liability
12    insurance policy, if applicable.  The program shall be funded
13    through   appropriations   from  the  General  Revenue  Fund,
14    specifically designated for such purposes.
15        (t)  The  Department  shall  perform  home  studies   and
16    investigations and shall exercise supervision over visitation
17    as  ordered  by a court pursuant to the Illinois Marriage and
18    Dissolution of Marriage Act or the Adoption Act only if:
19             (1)  an  order  entered   by   an   Illinois   court
20        specifically  directs  the  Department  to  perform  such
21        services; and
22             (2)  the  court  has  ordered  one  or  both  of the
23        parties to the proceeding to reimburse the Department for
24        its reasonable  costs  for  providing  such  services  in
25        accordance  with Department rules, or has determined that
26        neither party is financially able to pay.
27        The Department shall provide written notification to  the
28    court  of the specific arrangements for supervised visitation
29    and projected monthly costs  within  60  days  of  the  court
30    order.  The  Department  shall  send to the court information
31    related to the costs incurred except in cases where the court
32    has determined the parties are financially unable to pay. The
33    court may order additional periodic reports as appropriate.
34        (u)  Whenever the Department places a child in a licensed
 
SB745 Engrossed             -154-              LRB9101253EGfg
 1    foster home, group home, child  care  institution,  or  in  a
 2    relative home, the Department shall provide to the caretaker:
 3             (1)  available  detailed  information concerning the
 4        child's  educational  and  health  history,   copies   of
 5        immunization  records  (including  insurance  and medical
 6        card information), a  history  of  the  child's  previous
 7        placements,  if  any,  and  reasons for placement changes
 8        excluding any information that identifies or reveals  the
 9        location of any previous caretaker;
10             (2)  a  copy  of  the  child's portion of the client
11        service plan, including any visitation  arrangement,  and
12        all  amendments  or  revisions  to  it  as related to the
13        child; and
14             (3)  information containing details of  the  child's
15        individualized   educational   plan  when  the  child  is
16        receiving special education services.
17        The caretaker shall be informed of any  known  social  or
18    behavioral   information  (including,  but  not  limited  to,
19    criminal background, fire  setting,  perpetuation  of  sexual
20    abuse,  destructive  behavior, and substance abuse) necessary
21    to care for and safeguard the child.
22        (u-5)  Effective  July  1,   1995,   only   foster   care
23    placements  licensed  as  foster family homes pursuant to the
24    Child Care Act of 1969 shall be eligible  to  receive  foster
25    care  payments  from the Department. Relative caregivers who,
26    as of July  1,  1995,  were  approved  pursuant  to  approved
27    relative   placement  rules  previously  promulgated  by  the
28    Department at 89 Ill. Adm. Code  335  and  had  submitted  an
29    application  for  licensure  as  a  foster  family  home  may
30    continue  to  receive  foster  care  payments  only until the
31    Department determines that they may be licensed as  a  foster
32    family home or that their application for licensure is denied
33    or until September 30, 1995, whichever occurs first.
34        (v)  The  Department shall access criminal history record
 
SB745 Engrossed             -155-              LRB9101253EGfg
 1    information as defined in  the  Illinois  Uniform  Conviction
 2    Information   Act   and   information   maintained   in   the
 3    adjudicatory  and  dispositional  record system as defined in
 4    subdivision (A)19 of Section 55a of the Civil  Administrative
 5    Code of Illinois if the Department determines the information
 6    is  necessary  to  perform  its  duties  under the Abused and
 7    Neglected Child Reporting Act, the Child Care  Act  of  1969,
 8    and  the  Children  and  Family Services Act.  The Department
 9    shall provide for interactive computerized communication  and
10    processing    equipment    that    permits   direct   on-line
11    communication with the Department of State  Police's  central
12    criminal  history  data  repository.   The  Department  shall
13    comply   with  all  certification  requirements  and  provide
14    certified operators who have been trained by  personnel  from
15    the  Department  of State Police.  In addition, one Office of
16    the Inspector General investigator shall have training in the
17    use of the criminal history  information  access  system  and
18    have  access to the terminal.  The Department of Children and
19    Family Services and its employees shall abide  by  rules  and
20    regulations  established  by  the  Department of State Police
21    relating to the access and dissemination of this information.
22        (w)  Within 120 days of August 20,  1995  (the  effective
23    date  of Public Act 89-392), the Department shall prepare and
24    submit to the Governor and the General  Assembly,  a  written
25    plan  for  the  development of in-state licensed secure child
26    care facilities that care for children who  are  in  need  of
27    secure  living  arrangements  for  their  health, safety, and
28    well-being.  For purposes of  this  subsection,  secure  care
29    facility  shall mean a facility that is designed and operated
30    to ensure that all entrances and exits from the  facility,  a
31    building  or  a  distinct part of the building, are under the
32    exclusive control of the staff of the  facility,  whether  or
33    not  the  child  has  the  freedom  of  movement  within  the
34    perimeter  of the facility, building, or distinct part of the
 
SB745 Engrossed             -156-              LRB9101253EGfg
 1    building.  The plan shall include descriptions of  the  types
 2    of  facilities  that  are  needed  in  Illinois;  the cost of
 3    developing these secure care facilities; the estimated number
 4    of placements; the potential cost savings resulting from  the
 5    movement of children currently out-of-state who are projected
 6    to   be   returned  to  Illinois;  the  necessary  geographic
 7    distribution of these facilities in Illinois; and a  proposed
 8    timetable for development of such facilities.
 9    (Source: P.A.  89-21,  eff.  6-6-95;  89-392,  eff.  8-20-95;
10    89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
11    90-27,  eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
12    90-590, eff.  1-1-99;  90-608,  eff.  6-30-98;  90-655,  eff.
13    7-30-98; revised 12-23-98.)

14        (20 ILCS 505/9.8) (from Ch. 23, par. 5009.8)
15        Sec. 9.8.  Court Enforcement.  The Department shall refer
16    to  the  State's Attorney, Attorney General, or to the proper
17    legal representative of the unit  of  government  or  private
18    agency,   for   judicial   enforcement  as  herein  provided,
19    instances of failure to make parental payments as required by
20    law.  Action shall be brought in the circuit court to  obtain
21    parental  payments  and  the recovery of such payments may be
22    taken separately or they may be consolidated with actions  to
23    obtain  other  child support.  Such actions may be brought in
24    the name of the child receiving care and training, or may  be
25    brought  in  the  name of the Department or the unit of local
26    government, as the case requires, in behalf of such persons.
27        The court may enter orders for the payment of monies  for
28    the  care  and  training  of  the children as may be just and
29    equitable and may direct payment thereof for such  period  or
30    periods  of time as the circumstances require.  The order may
31    be entered against the parents  or  guardians  and  shall  be
32    based  upon  the  standard determined under Section 9.1 or an
33    amount determined by the court  to  reflect  the  ability  to
 
SB745 Engrossed             -157-              LRB9101253EGfg
 1    contribute  to  the  care  and  training  of  their  children
 2    provided by the Department.
 3        When  an  order  is  entered for the parental payment for
 4    care and training of the child, and the  parent  or  guardian
 5    willfully  refuses to comply with its enforcement, the parent
 6    or guardian may be declared in contempt of court and punished
 7    therefor therefore.
 8    (Source: P.A. 83-1037; revised 10-31-98.)

 9        Section 17.  The Civil Administrative Code of Illinois is
10    amended by changing Sections 46.6a,  46.19e,  and  46.32a  as
11    follows:

12        (20 ILCS 605/46.6a) (from Ch. 127, par. 46.6a)
13        Sec.  46.6a.   (1) To establish a grant program for local
14    tourism and convention bureaus.  The Department will  develop
15    and  implement  a program for the use of funds, as authorized
16    under this Act, by local tourism and convention bureaus.  For
17    the purposes of this Act, bureaus eligible to  receive  funds
18    are defined as those bureaus in legal existence as of January
19    1,  1985,  which  are  either  a  unit of local government or
20    incorporated as a not-for-profit organization, are affiliated
21    with one or more municipality or county, and employ one  full
22    time  staff  person whose purpose is to promote tourism. Each
23    bureau receiving funds under this Act will  be  certified  by
24    the  Department  as the designated recipient to serve an area
25    of the State. These funds may not be used in support  of  the
26    Chicago World's Worlds Fair.
27        (2)  To distribute grants to local tourism and convention
28    bureaus  from appropriations made from the Local Tourism Fund
29    for that purpose. Of the amounts appropriated annually to the
30    Department for expenditure under this Section,  1/3  of  such
31    monies  shall  be  used  for grants to convention and tourism
32    bureaus in cities with a population greater than 500,000. The
 
SB745 Engrossed             -158-              LRB9101253EGfg
 1    remaining 2/3 of the annual appropriation shall be  used  for
 2    grants  to  such  bureaus  in  the remainder of the State, in
 3    accordance with a formula based upon the  population  served.
 4    The   Department   may   reserve  up  to  10%  of  the  total
 5    appropriated  to  conduct  audits  of  grants,   to   provide
 6    incentive   funds   to   those  bureaus  which  will  conduct
 7    promotional activities designed to further  the  Department's
 8    statewide  advertising  campaign,  to  fund special statewide
 9    promotional activities, and to  fund  promotional  activities
10    which  support  an  increased  use  of  the  State's parks or
11    historic sites.
12    (Source: P.A. 90-26, eff. 7-1-97; revised 10-31-98.)

13        (20 ILCS 605/46.19e) (from Ch. 127, par. 46.19e)
14        Sec. 46.19e.  The Department  shall  have  the  following
15    duties and responsibilities in regard to this Act:
16        (a)  to  establish  or  cosponsor  mentoring conferences,
17    utilizing experienced manufacturing exporters, to explain and
18    provide information to prospective export  manufacturers  and
19    businesses  concerning  the  process  of  exporting  to  both
20    domestic and  international opportunities;
21        (b)  to   provide  technical  assistance  to  prospective
22    export manufacturers  and  businesses  seeking  to  establish
23    domestic and international export opportunities;
24        (c)  to  coordinate  with the Department's Small Business
25    Development Centers to link buyers  with  prospective  export
26    manufacturers and businesses;
27        (d)  to  promote,  both domestically and abroad, products
28    made in Illinois and advise consumers  and  buyers  of  their
29    high quality standards and craftsmanship;
30        (e)  to provide technical assistance toward establishment
31    of export trade corporations in the private sector;
32        (f)  to  develop  an  electronic  data  base  to  compile
33    information  on international trade and investment activities
 
SB745 Engrossed             -159-              LRB9101253EGfg
 1    in  Illinois  companies,  provide  access  to  research   and
 2    business  opportunities  through  external  data  bases,  and
 3    connect  this  data  base through international communication
 4    systems with  appropriate  domestic  and  worldwide  networks
 5    users;
 6        (g)  to  collect  and  distribute  to  foreign commercial
 7    libraries  directories,  catalogs,   brochures,   and   other
 8    information  of value to foreign businesses considering doing
 9    business in this State;
10        (h)  to establish an export finance awareness program  to
11    provide  information  to  banking organizations about methods
12    used by banks to provide financing for businesses engaged  in
13    exporting  and  about  other  State  and  federal programs to
14    promote and expedite export financing; and
15        (i)  to undertake a survey  of  Illinois'  businesses  to
16    identify exportable products and the businesses interested in
17    exporting.
18    (Source: P.A. 85-975; revised 10-31-98.)

19        (20 ILCS 605/46.32a) (from Ch. 127, par. 46.32a)
20        Sec.   46.32a.   (a)   The   Department   shall   promote
21    labor-management  relations  and  provide  assistance  in the
22    development of local labor-management committees.
23        In the  Department  there  shall  be  a  Labor-Management
24    Cooperation Committee composed of 12 public members appointed
25    by  the  Governor  with the advice and consent of the Senate.
26    Six members shall represent  executive  level  management  of
27    businesses  that  employ  labor  union  members and 6 members
28    shall represent major labor union leadership.   The  Governor
29    shall   designate  1  business  representative  and  1  labor
30    representative as cochairmen. Appointed members shall not  be
31    represented  at a meeting by another person. There shall be 6
32    ex officio nonvoting members: the Director of the Department,
33    who shall serve as Secretary, the Director of the  Department
 
SB745 Engrossed             -160-              LRB9101253EGfg
 1    of Labor, the President of the Senate, the Minority Leader of
 2    the  Senate,  the Speaker of the House of Representatives and
 3    the Minority Leader of the House of Representatives.  Each ex
 4    officio member shall serve during the  term  of  his  or  her
 5    office.   Ex  officio  members  may  be  represented  by duly
 6    authorized substitutes.
 7        In making the initial public member appointments  to  the
 8    Committee,  3  of  the  business representatives and 3 of the
 9    labor union representatives  shall  be  appointed  for  terms
10    expiring July 1, 1987.  The remaining public members shall be
11    appointed for terms expiring July 1, 1988. Thereafter, public
12    members  of  the  Committee shall be appointed for terms of 2
13    years expiring on July  1,  or  until  their  successors  are
14    appointed  and qualified.  The Governor may at any time, with
15    the advice and consent of the Senate,  make  appointments  to
16    fill  vacancies for the balance of an unexpired term.  Public
17    members  shall  serve  without  compensation,  but  shall  be
18    reimbursed by the Department for necessary expenses  incurred
19    in  the  performance  of  their duties.  The Department shall
20    provide staff assistance to the Committee.
21        The Committee shall have the following duties:
22             (1)  to improve  communications  between  labor  and
23        management  on  significant  economic problems facing the
24        State;
25             (2)  to encourage and  support  the  development  of
26        local  labor-management committees at the plant, industry
27        and area levels across the State;
28             (3)  to assess the progress of area labor-management
29        committees that have been formed  across  the  State  and
30        provide   input   to   the  Director  of  the  Department
31        concerning  matching  grants  to  area   labor-management
32        committees  or  other  grant programs established in this
33        Act;
34             (4)  to   convene   a   Statewide   conference    on
 
SB745 Engrossed             -161-              LRB9101253EGfg
 1        labor-management concerns at least once every 2 years;
 2             (5)  to  issue a report on labor-management concerns
 3        to the Governor and the General Assembly  every  2  years
 4        commencing  in  March of 1987.  This report shall outline
 5        the  accomplishments  of  the  Committee   and   specific
 6        recommendations  for improving Statewide labor-management
 7        relations.
 8        (b)  The   Director,   with    the    advice    of    the
 9    Labor-Management   Cooperation   Committee,  shall  have  the
10    authority  to  provide  matching  grants,  grants  and  other
11    resources  to  establish  or  assist  area   labor-management
12    committees   and   other  projects  which  serve  to  enhance
13    labor-management relations.   The Department shall  have  the
14    authority,   with   the   advice   of   the  Labor-Management
15    Cooperation Committee, to award grants or matching grants  in
16    four areas:
17             (1)  At least 60 percent of the annual appropriation
18        to  the Department, for providing labor-management grants
19        and resources shall be  awarded  as  matching  grants  to
20        existing   local   labor-management  committees.   To  be
21        eligible for matching grants pursuant to this subsection,
22        local labor-management committees shall:
23                  (i)  Be a formal,  not-for-profit  organization
24             structured  for  continuing  service  with voluntary
25             membership;
26                  (ii)  Be  composed  of  labor  and   management
27             representatives;
28                  (iii)  Service   a  distinct  and  identifiable
29             geographic region;
30                  (iv)  Be  staffed  by  a   professional   chief
31             executive officer;
32                  (v)  Have  been established with the Department
33             for at least two years;
34                  (vi)  Operate  in  compliance  with  rules  set
 
SB745 Engrossed             -162-              LRB9101253EGfg
 1             forth by the  Department  with  the  advice  of  the
 2             Labor-Management Cooperation Committee; and
 3                  (vii)  Ensure  that  its efforts and activities
 4             are coordinated with  relevant  agencies,  including
 5             but not limited to the following:
 6                  Department of Commerce and Community Affairs
 7                  Illinois Department of Labor
 8                  Economic development agencies
 9                  Corridor councils
10                  Planning agencies
11                  Colleges, universities and community colleges
12                  U.S. Department of Labor
13                  Statewide Job Training Partnership Act entities
14             .
15             Further,  the  purpose of the local labor-management
16        committees will include, but not be limited to:
17                  (i)  Enhancing  the  positive  labor-management
18             relationship within  the  state,  region,  community
19             and/or work place;
20                  (ii)  Assisting in the retention, expansion and
21             attraction  of  businesses and jobs within the State
22             through special  training  programs,  gathering  and
23             dissemination    of    information   and   providing
24             assistance in local economic development efforts  as
25             appropriate;
26                  (iii)  Creating   and   maintaining  a  regular
27             nonadversarial forum for  ongoing  dialogue  between
28             labor  and management representatives to discuss and
29             resolve issues of mutual concern outside  the  realm
30             of the traditional collective bargaining process;
31                  (iv)  Acting  as an intermediary for initiating
32             local programs between unions  and  employers  which
33             would  generally  improve  economic  conditions in a
34             region;
 
SB745 Engrossed             -163-              LRB9101253EGfg
 1                  (v)  Encouraging,  assisting  and  facilitating
 2             the   development   of   work-site   and    industry
 3             labor-management committees in the region.
 4             Any  local  labor-management committee meeting these
 5        criteria may apply to the Department for annual  matching
 6        grants,  provided  providing  that  the  local  committee
 7        contributes  at  least  25  percent in matching funds, of
 8        which  no  more  than  50  percent  shall  be   "in-kind"
 9        services.   Funds  received by a local committee pursuant
10        to  this  subsection  shall  be  used  for  the  ordinary
11        operating expenses of the local committee.
12             (2)  Up to 20 percent of the annual appropriation to
13        the Department for providing labor-management grants  and
14        resources  may  be  awarded  as  matching grants to local
15        labor-management committees which do not meet all of  the
16        eligibility   criteria   set  forth  in  subsection  (1).
17        However, to be eligible to apply for a grant  under  this
18        subsection,  the  local  labor-management committee, at a
19        minimum, shall:
20                  (i)  Be  composed  of  labor   and   management
21             representatives;
22                  (ii)  Service   a   distinct  and  identifiable
23             geographic region;
24                  (iii)  Operate in compliance with the rules set
25             forth by the  Department  with  the  advice  of  the
26             Labor-Management Cooperation Committee;
27                  (iv)  Ensure  that  its  efforts and activities
28             are directed toward enhancing  the  labor-management
29             relationship  within  the  State,  region, community
30             and/or work place.
31                  Any local  labor-management  committee  meeting
32        these  criteria may apply to the Department for an annual
33        matching  grant,  provided  providing  that   the   local
34        committee  contributes  at  least  25 percent in matching
 
SB745 Engrossed             -164-              LRB9101253EGfg
 1        funds of which no more than 50 percent shall be "in-kind"
 2        services.  Funds received by a local  committee  pursuant
 3        to  paragraph (2) of subsection (b) of this Section shall
 4        be used for the ordinary and operating  expenses  of  the
 5        local committee.  Eligible committees shall be limited to
 6        three  years  of  funding  under  this  subsection.  With
 7        respect to those committees participating in this program
 8        prior to enactment of this amendatory Act of  1988  which
 9        fail  to qualify under paragraph (1) of subsection (b) of
10        this Section, previous years' funding shall be counted in
11        determining whether those committees have  reached  their
12        funding limit under this paragraph (2).
13             (3)  Up to 10 percent of the annual appropriation to
14        the  Department for providing labor-management grants and
15        resources may be awarded as grants to develop and conduct
16        specialized education and  training  programs  of  direct
17        benefit   to   representatives   of   labor,  management,
18        labor-management committees and/or their staff.  The type
19        of education and training programs to  be  developed  and
20        offered  will  be  determined and prioritized annually by
21        the Department, with the advice of  the  Labor-Management
22        Cooperation  Committee.   The Department will develop and
23        issue an annual request for proposals proposal  detailing
24        the program specifications.
25             (4)  Up to 10 percent of the annual appropriation to
26        the  Department for providing labor-management grants and
27        resources may be  awarded  as  grants  for  research  and
28        development projects related to labor-management issues.
29        The  Department,  with the advice of the Labor-Management
30        Cooperation  Committee,  will  develop   and   prioritize
31        annually   the   type  and  scope  of  the  research  and
32        development projects deemed necessary.
33             The   Department   is   authorized   to    establish
34        applications,  application  procedures and promulgate any
 
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 1        rules deemed necessary  in  the  administration  of  such
 2        grants.
 3        (c)  To  administer  the  grant  programs created by this
 4    Act,  the   Department   shall   establish   an   Office   of
 5    Labor-Management  Cooperation.   The  purpose  of this office
 6    shall include, but not be limited to:
 7             (1)  To administer  the  grant  programs,  including
 8        developing grant applications and requests for proposals
 9        proposal, program monitoring and evaluation.
10             (2)  To  serve  as  State  liaison with other state,
11        regional and national organizations devoted to  promoting
12        labor-management   cooperation;  disseminating  pertinent
13        information secured through  these  state,  regional  and
14        national    affiliations    to   local   labor-management
15        committees, the  Labor-Management  Cooperation  Committee
16        and other interested parties throughout the State.
17             (3)  To   provide   technical  assistance  to  area,
18        industry  or  work-site  labor-management  committees  as
19        requested.
20             (4)  To serve as  a  clearinghouse  for  information
21        related to labor-management cooperation.
22             (5)  To  serve  as  a  catalyst  to  developing  and
23        strengthening  a partnership among local, state, regional
24        and  national  organizations  and  agencies  devoted   to
25        enhancing labor-management cooperation.
26             (6)  To provide any other programs or services which
27        enhance  labor-management cooperation within the State of
28        Illinois as determined by the Director with the advice of
29        the Labor-Management Cooperation Committee.
30    (Source: P.A. 88-456; revised 10-31-98.)

31        Section 18.  The Economic Development Area Tax  Increment
32    Allocation Act is amended by changing Section 9 as follows:
 
SB745 Engrossed             -166-              LRB9101253EGfg
 1        (20 ILCS 620/9) (from Ch. 67 1/2, par. 1009)
 2        Sec.  9. Powers of municipalities., In addition to powers
 3    which it may now have, any municipality has the  power  under
 4    this Act:
 5        (a)  To  make  and  enter into all contracts necessary or
 6    incidental  to  the  implementation  and  furtherance  of  an
 7    economic development plan.
 8        (b)  Within an  economic  development  project  area,  to
 9    acquire  by  purchase, donation, lease or eminent domain, and
10    to own, convey, lease, mortgage or dispose of land and  other
11    real or personal property or rights or interests therein; and
12    to  grant  or  acquire  licenses,  easements and options with
13    respect thereto, all in the manner  and  at  such  price  the
14    municipality  determines  is  reasonably necessary to achieve
15    the objectives  of  the  economic  development  project.   No
16    conveyance,  lease,  mortgage,  disposition  of land or other
17    property acquired by the municipality, or agreement  relating
18    to  the  development  of  property, shall be made or executed
19    except pursuant to prior official action of the municipality.
20    No conveyance, lease, mortgage or other disposition of  land,
21    and  no  agreement  relating  to the development of property,
22    shall be made without making public disclosure of  the  terms
23    and  disposition  of  all bids and proposals submitted to the
24    municipality in connection therewith.
25        (c)  To clear any area  within  an  economic  development
26    project  area  by  demolition  or  removal  of  any  existing
27    buildings,  structures,  fixtures, utilities or improvements,
28    and to clear and grade land.
29        (d)  To  install,  repair,  construct,   reconstruct   or
30    relocate  public  streets, public utilities, and other public
31    site improvements within or without an  economic  development
32    project  area  which  are  essential to the preparation of an
33    economic development project area for use in accordance  with
34    an economic development plan.
 
SB745 Engrossed             -167-              LRB9101253EGfg
 1        (e)  To  renovate,  rehabilitate,  reconstruct, relocate,
 2    repair or remodel any existing buildings,  improvements,  and
 3    fixtures within an economic development project area.
 4        (f)  To  construct public improvements, including but not
 5    limited  to,  buildings,  structures,  works,  utilities   or
 6    fixtures within any economic development project area.
 7        (g)  To issue obligations as in this Act provided.
 8        (h)  To  fix,  charge and collect fees, rents and charges
 9    for the use of any building,  facility  or  property  or  any
10    portion thereof owned or leased by the municipality within an
11    economic development project area.
12        (i)  To  accept grants, guarantees, donations of property
13    or labor, or any other thing of value for use  in  connection
14    with an economic development project.
15        (j)  To  pay  or  cause  to  be paid economic development
16    project costs. Any payments to be made by the municipality to
17    developers or  other  nongovernmental  persons  for  economic
18    development project costs incurred by such developer or other
19    nongovernmental  person  shall  be  made only pursuant to the
20    prior official  action  of  the  municipality  evidencing  an
21    intent  to  pay or cause to be paid such economic development
22    project costs. A municipality is not required to  obtain  any
23    right,  title or interest in any real or personal property in
24    order to pay economic development  project  costs  associated
25    with   such  property.  The  municipality  shall  adopt  such
26    accounting procedures as may be necessary to  determine  that
27    such economic development project costs are properly paid.
28        (k)  To  exercise  any  and all other powers necessary to
29    effectuate the purposes of this Act.
30        (l)  To create a commission of not less than  5  or  more
31    than  15 persons to be appointed by the mayor or president of
32    the municipality with the consent  of  the  majority  of  the
33    corporate  authorities  of  the  municipality.  Members  of a
34    commission shall be appointed for initial terms of 1,  2,  3,
 
SB745 Engrossed             -168-              LRB9101253EGfg
 1    4,  and  5 years, respectively, in such numbers as to provide
 2    that the terms of not more than 1/3 of all such members shall
 3    expire in any one year. Their successors shall  be  appointed
 4    for a term of 5 years. The commission, subject to approval of
 5    the corporate authorities, may exercise the powers enumerated
 6    in  this Section. The commission shall also have the power to
 7    hold the public  hearings  required  by  this  Act  and  make
 8    recommendations  to  the corporate authorities concerning the
 9    approval of economic development plans, the establishment  of
10    economic  development  project areas, and the adoption of tax
11    increment  allocation  financing  for  economic   development
12    project areas.
13    (Source: P.A. 86-38; revised 10-31-98.)

14        Section  19.  The Illinois Enterprise Zone Act is amended
15    by changing Section 8 as follows:

16        (20 ILCS 655/8) (from Ch. 67 1/2, par. 612)
17        Sec. 8.  Zone Administration. The  administration  of  an
18    Enterprise  Zone  shall  be  under  the  jurisdiction  of the
19    designating  municipality   or   county.   Each   designating
20    municipality  or county shall, by ordinance, designate a Zone
21    Administrator   for   the   certified   zones   within    its
22    jurisdiction.  A  Zone  Administrator  must  be an officer or
23    employee  of   the   municipality   or   county.   The   Zone
24    Administrator  shall  be  the liaison between the designating
25    municipality or county, the Department,  and  any  designated
26    zone organizations within zones under his jurisdiction.
27        A designating municipality or county may designate one or
28    more organizations qualified under paragraph (d) of Section 3
29    to be designated zone organizations for purposes of this Act.
30    The  municipality  or  county,  may,  by  ordinance, delegate
31    functions within an Enterprise Zone to one or more designated
32    zone organizations in such zones.
 
SB745 Engrossed             -169-              LRB9101253EGfg
 1        Subject to  the  necessary  governmental  authorizations,
 2    designated  zone  organizations  may  provide  the  following
 3    services  or  perform the following functions in coordination
 4    with the municipality or county:
 5        (a)  Provide or contract for provision of public services
 6    including, but not limited to:
 7             (1)  establishment of  crime  watch  patrols  within
 8        zone neighborhoods;
 9             (2)  establishment of volunteer day care centers;
10             (3)  organization  of  recreational  activities  for
11        zone area youth;
12             (4)  garbage collection;
13             (5)  street maintenance and improvements;
14             (6)  bridge maintenance and improvements;
15             (7)  maintenance  and improvement of water and sewer
16        lines;
17             (8)  energy conservation projects;
18             (9)  health and clinic services;
19             (10)  drug abuse programs;
20             (11)  senior citizen assistance programs;
21             (12)  park maintenance;
22             (13)  rehabilitation, renovation, and operation  and
23        maintenance of low and moderate income housing; and
24             (14)  other  types of public services as provided by
25        law or regulation.;
26        (b)  Exercise authority for the enforcement of any  code,
27    permit, or licensing procedure within an Enterprise Zone.;
28        (c)  Provide  a  forum for business, labor and government
29    action on zone innovations.;
30        (d)  Apply for regulatory relief as provided in Section 8
31    of this Act.;
32        (e)  Receive title to publicly owned land.;
33        (f)  Perform such  other  functions  as  the  responsible
34    government  entity  may deem appropriate, including offerings
 
SB745 Engrossed             -170-              LRB9101253EGfg
 1    and contracts for insurance with businesses within the Zone.;
 2    
 3        (g)  Agree with local governments to provide such  public
 4    services  within  the zones by contracting with private firms
 5    and organizations, where feasible and prudent.
 6        (h)  Solicit and receive  contributions  to  improve  the
 7    quality of life in the Enterprise Zone.
 8    (Source: P.A. 82-1019; revised 10-31-98.)

 9        Section  20.   The  Illinois  Promotion Act is amended by
10    changing Section 4 as follows:

11        (20 ILCS 665/4) (from Ch. 127, par. 200-24)
12        Sec. 4. The Department shall have the following powers:
13        (a)  To formulate a program for the promotion of  tourism
14    and the film industry in the State of Illinois, including the
15    promotion  of  our  State  Parks,  fishing and hunting areas,
16    historical shrines, vacation regions and areas of historic or
17    scenic interest.;
18        (b)  To cooperate with civic groups and local, State  and
19    federal   departments   and   agencies,   and   agencies  and
20    departments  of  other  states  in  encouraging   educational
21    tourism and developing programs therefor.;
22        (c)  To  publish  tourist  promotional  material  such as
23    brochures and booklets.;
24        (d)  To promote  tourism  in  Illinois  by  articles  and
25    advertisements    in   magazines,   newspapers   and   travel
26    publications and by establishing promotional  exhibitions  at
27    fairs, travel shows, and similar exhibitions.;
28        (e)  To  establish  and  maintain travel offices at major
29    points of entry to the State.;
30        (f)  To   recommend   legislation   relating    to    the
31    encouragement of tourism in Illinois.;
32        (g) To assist municipalities or local promotion groups in
 
SB745 Engrossed             -171-              LRB9101253EGfg
 1    developing  new tourist attractions including but not limited
 2    to   feasibility   studies   and   analyses,   research   and
 3    development, and management and marketing planning  for  such
 4    new tourist attractions.
 5        (h)  To  do  such other acts as shall, in the judgment of
 6    the Department, be necessary  and  proper  in  fostering  and
 7    promoting tourism in the State of Illinois.
 8        (i)  To   implement  a  program  of  matching  grants  to
 9    counties, municipalities or local promotion groups and  loans
10    to  for-profit  businesses for the development or improvement
11    of tourism  attractions  in  Illinois  under  the  terms  and
12    conditions provided in this Act.
13        (j)  To   expend   funds   from   the  International  and
14    Promotional Fund, subject to appropriation, on  any  activity
15    authorized under this Act.
16    (Source: P.A. 90-26, eff. 7-1-97; revised 10-31-98.)

17        Section  21.   The Technology Advancement and Development
18    Act is amended by changing Section 2003 as follows:

19        (20 ILCS 700/2003) (from Ch. 127, par. 3702-3)
20        Sec. 2003.  Grant evaluation and amounts.
21        (a)  The Department  shall  evaluate  grant  applications
22    based   upon  criteria  provided  under  this  Section.   The
23    Department shall not award any Challenge Grant  that  is  not
24    recommended  for  funding  by the Illinois Governor's Science
25    and  Technology  Advisory  Committee  or  associated  private
26    sector coalition.   In  determining  which  grant  applicants
27    shall  be  awarded  a  Challenge  Grant, the Department shall
28    conduct an evaluation of prior compliance with loan or  grant
29    agreements  for  any grant applicant previously funded by the
30    Department.  In addition, the Department shall  consider  the
31    following   criteria   in   determining  grant  awards:   the
32    relationship of a proposed advanced technology project to the
 
SB745 Engrossed             -172-              LRB9101253EGfg
 1    State's  future  economic  growth;  the  qualifications   and
 2    expertise  of consultants, firms or organizations undertaking
 3    the effort; the potential for leveraging federal  or  private
 4    research  dollars, or both, for the initiative; the extent of
 5    the capacity of the applicant or the applicant partnership or
 6    consortium to  finance  the  initiative;  the  potential  for
 7    adapting,  commercializing  or  adopting  the  results of the
 8    applicant's project for the economic benefit  of  the  State;
 9    and  the  likelihood  that  the  project  has a potential for
10    creating new jobs or retaining current jobs in the State.
11        (b)  The Director of the Department shall  determine  the
12    level  of  the  grant  award and shall determine the share of
13    total directly attributable costs of an  advanced  technology
14    project  which  may  be  considered  for  funding  under this
15    Article.
16        (c)  The  Department  and  the  Department   of   Natural
17    Resources are hereby authorized to cooperate with and provide
18    support  to  the  Illinois  Governor's Science and Technology
19    Advisory  Committee  and  its   associated   private   sector
20    coalition.   Such support may include the provision of office
21    space and  may  be  technical,  advisory  or  operational  in
22    nature.
23    (Source: P.A. 89-445, eff. 2-7-96; revised 12-2-98.)

24        Section  22.   The Department of Natural Resources Act is
25    amended by changing Section 1-15 as follows:

26        (20 ILCS 801/1-15)
27        Sec. 1-15. General powers and duties.
28        (a)  It  shall  be  the  duty  of   the   Department   to
29    investigate  practical  problems,  implement studies, conduct
30    research  and  provide  assistance,  information   and   data
31    relating  to the technology and administration of the natural
32    history, entomology, zoology, and botany of this  State;  the
 
SB745 Engrossed             -173-              LRB9101253EGfg
 1    geology  and  natural  resources of this State; the water and
 2    atmospheric resources of this State;  and  the  archeological
 3    and cultural history of this State.
 4        (b)  The  Department  shall  obtain,  store,  and process
 5    relevant data; recommend technological,  administrative,  and
 6    legislative  changes  and  developments; cooperate with other
 7    federal, state, and  local  governmental  research  agencies,
 8    facilities,  or  institutes  in the selection of projects for
 9    study; cooperate with the Board of Higher Education and  with
10    the  public  and  private  colleges  and universities in this
11    State in developing relevant interdisciplinary approaches  to
12    problems;  evaluate  curricula at all levels of education and
13    provide assistance to  instructors;  and  sponsor  an  annual
14    conference  of  leaders  in government, industry, health, and
15    education to evaluate the state of this  State's  environment
16    and natural resources.
17        (c)  The Director, in accordance with the Personnel Code,
18    shall  employ  such  personnel,  provide such facilities, and
19    contract for such outside services as  may  be  necessary  to
20    carry  out the purposes of the Department.  Maximum use shall
21    be made of existing federal and state  agencies,  facilities,
22    and personnel in conducting research under this Act.
23        (d)  In  addition to its other powers, the Department has
24    the following powers:
25             (1)  To obtain, store, process, and provide data and
26        information related to  the  powers  and  duties  of  the
27        Department  under this Act.  This subdivision (d)(1) does
28        not give authority to the Department to  require  reports
29        from nongovernmental sources or entities.
30             (2)  To  cooperate  with  and  support  the Illinois
31        Governor's Science and Technology Advisory Committee  and
32        the  Illinois  Coalition  for the purpose of facilitating
33        the effective operations and activities of such entities.
34        Support  may  include,  but  need  not  be  limited   to,
 
SB745 Engrossed             -174-              LRB9101253EGfg
 1        providing  space  for the operations of the Committee and
 2        the Illinois Coalition.
 3        (e)  The Department is authorized to make grants to local
 4    not-for-profit organizations for the purposes of development,
 5    maintenance and study of wetland areas.
 6        (f)  The Department has the authority to accept,  receive
 7    and  administer  on  behalf of the State any gifts, bequests,
 8    donations, income from property rental and  endowments.   Any
 9    such funds received by the Department shall be deposited into
10    the  Natural  Resources  Fund, a special fund which is hereby
11    created in the State treasury, and used for the  purposes  of
12    this  Act  or,  when appropriate, for such purposes and under
13    such restrictions, terms and conditions as are  predetermined
14    by  the  donor  or  grantor  of  such funds or property.  Any
15    accrued  interest  from  money  deposited  into  the  Natural
16    Resources Fund shall be reinvested into the Fund and used  in
17    the same manner as the principal. The Director shall maintain
18    records which account for and assure that restricted funds or
19    property  are disbursed or used pursuant to the restrictions,
20    terms or conditions of the donor.
21    (Source: P.A. 89-445, eff. 2-7-96; revised 12-2-98.)

22        Section 23.  The Civil Administrative Code of Illinois is
23    amended by changing Section 44a as follows:

24        (20 ILCS 1005/44a) (from Ch. 127, par. 44a)
25        Sec. 44a. The  Board  of  Review  in  the  Department  of
26    Employment  Security shall exercise all powers and be subject
27    to all duties conferred or imposed upon  said  Board  by  the
28    provisions  of  the  Unemployment Insurance Compensation Act,
29    enacted  by  the  Sixtieth  General  Assembly,  and  by   all
30    amendments thereto or modifications thereof, in its own name,
31    and  without  any  direction,  supervision, or control by the
32    Director of Employment Security.
 
SB745 Engrossed             -175-              LRB9101253EGfg
 1    (Source: P.A. 83-1503; revised 10-31-98.)

 2        Section 24.  The Illinois  Coal  and  Energy  Development
 3    Bond Act is amended by changing Section 8 as follows:

 4        (20 ILCS 1110/8) (from Ch. 96 1/2, par. 4108)
 5        Sec.  8.  Sale  of  bonds.  The bonds shall be issued and
 6    sold from time to time in such amounts  as  directed  by  the
 7    Governor,  upon  recommendation by the Director of the Bureau
 8    of the Budget.  The  bonds  shall  be  serial  bonds  in  the
 9    denomination  of  $5,000  or  some multiple thereof, shall be
10    payable within 30 years from their date, shall bear  interest
11    payable  annually or semiannually from their date at the rate
12    of not more than 15% per annum, or such higher  maximum  rate
13    as   may  be  authorized  by  "An  Act  to  authorize  public
14    corporations to issue bonds, other evidences of  indebtedness
15    and  tax  anticipation  warrants  subject  to  interest  rate
16    limitations  set  forth  therein",  approved May 26, 1970, as
17    amended, shall be dated, and shall be in  such  form  as  the
18    Director  of the Bureau of the Budget shall fix and determine
19    in the order authorizing the issuance and sale of the  bonds,
20    which  order  shall  be approved by the Governor prior to the
21    giving of notice of the sale of  any  of  the  bonds.   These
22    bonds  shall  be payable as to both principal and interest at
23    such  place  or  places,  within  or  without  the  State  of
24    Illinois, and may be made registrable as to either  principal
25    or  as  to both principal and interest, as shall be fixed and
26    determined by the Director of the Bureau of the Budget in the
27    order authorizing the issuance and sale of  such  bonds.  The
28    bonds may be callable as fixed and determined by the Director
29    of  the  Bureau  of  the  Budget in the order authorizing the
30    issuance and sale of the bonds; provided, however,  that  the
31    State  shall  not  pay  a  premium  of  more  than  3% of the
32    principal of any bonds so called.
 
SB745 Engrossed             -176-              LRB9101253EGfg
 1    (Source: P.A. 82-974; revised 10-31-98.)

 2        Section 25.   The  Hazardous  Waste  Technology  Exchange
 3    Service Act is amended by changing Section 5 as follows:

 4        (20 ILCS 1130/5) (from Ch. 111 1/2, par. 6805)
 5        Sec. 5. Duties of Center; Industrial Advisory Committee.
 6        (a)  The Waste Management and Research Center shall:
 7             (1)  Conduct  educational  programs  to  further the
 8        exchange of  information  to  reduce  the  generation  of
 9        hazardous wastes or to treat or dispose of such wastes so
10        as to make them nonhazardous.
11             (2)  Provide  a  technical  information  service for
12        industries involved  in  the  generation,  treatment,  or
13        disposal of hazardous wastes.
14             (3)  Disseminate  information  regarding advances in
15        hazardous waste management technology  which  could  both
16        protect    the   environment   and   further   industrial
17        productivity.
18             (4)  Provide research in areas related to  reduction
19        of   the   generation  of  hazardous  wastes;  treatment,
20        recycling and reuse; and other issues which the Board may
21        suggest.
22             (5)  Provide other services as deemed  necessary  or
23        desirable by the Board.
24             (6)  Submit   a   biennial  report  to  the  General
25        Assembly on Center activities.
26        (b)  The Director of the Department shall be  responsible
27    for the administration of the Center.
28        (c)  The  Department  shall have the authority to accept,
29    receive and administer on behalf of the  Center  any  grants,
30    gifts or other funds made available for purposes of this Act.
31        (d)  The  Board  shall  (1) provide policy guidelines and
32    goals for the Center; (2) approve the  Center's  budget;  (3)
 
SB745 Engrossed             -177-              LRB9101253EGfg
 1    approve  any  reports; and (4) otherwise direct the Center in
 2    accordance with its statutory powers and duties contained  in
 3    Section 15-10 of the Department of Natural Resources Act 6 of
 4    "An  Act  in  relation  to  natural resources, research, data
 5    collection and  environmental  studies",  approved  July  14,
 6    1978, as amended.
 7        (e)  The  Director  shall  appoint an Industrial Advisory
 8    Committee which  shall  be  composed  of  representatives  of
 9    industries which are involved in the generation, treatment or
10    disposal   of   hazardous   waste,   or   representatives  of
11    organizations of such industries.  To  the  extent  possible,
12    the  Director  shall  choose  members  representing large and
13    small industries from all geographical areas  of  the  State.
14    Members of the Industrial Advisory Committee shall receive no
15    compensation  but  may  be reimbursed for reasonable expenses
16    incurred in carrying out their duties.
17        The  Industrial  Advisory  Committee  shall  advise   the
18    Department  on programs, services and activities necessary to
19    assist large and small businesses in  economically  reducing,
20    through source reduction, treatment and recycling, the amount
21    and  toxicity  of  hazardous waste to be disposed of on or in
22    the land.
23    (Source: P.A. 90-490, eff. 8-17-97; revised 2-24-98.)

24        Section 26.  The Financial Institutions Code  is  amended
25    by changing Section 17 as follows:

26        (20 ILCS 1205/17) (from Ch. 17, par. 118)
27        Sec.  17.  Neither  the Director, nor any supervisor, nor
28    any  examiner  shall  be  an  officer,  director,  owner,  or
29    shareholder of, or a partner  in,  or  have  any  proprietary
30    interest,  direct  or indirect, in any financial institution;
31    provided, however, that  ownership  of  withdrawable  capital
32    accounts or shares in credit unions shall not be deemed to be
 
SB745 Engrossed             -178-              LRB9101253EGfg
 1    prevented  hereby.  If  the  Director  or  any supervisor, or
 2    examiner, shall be a shareholder, or partner in or  an  owner
 3    of  or  have  any  interest,  direct or indirect, in any such
 4    financial institution at the  time  of  his  appointment,  he
 5    shall  dispose  of  his shares of stock or other evidences of
 6    ownership or property within 120 days from the  date  of  his
 7    appointment.  It is unlawful for the Director, any supervisor
 8    or examiner to obtain any loan or gratuity from  a  financial
 9    institution  subject to the jurisdiction of the Department as
10    herein provided. If any  other  employee  of  the  Department
11    borrows  from  or  becomes indebted in an aggregate amount of
12    $2,500 or more to any financial institution  subject  to  the
13    jurisdiction  of  the  Department,  he  shall  make a written
14    report to the Director stating the date and  amount  of  such
15    loan  or indebtedness, the security therefor, if any, and the
16    purpose or purposes for which proceeds have been or are to be
17    used.
18    (Source: Laws 1965, p. 2122; revised 10-31-98.)

19        Section 27.  The  Illinois  Lottery  Law  is  amended  by
20    changing Sections 21 and 24 as follows:

21        (20 ILCS 1605/21) (from Ch. 120, par. 1171)
22        Sec.  21.  All lottery sales agents or distributors shall
23    be liable to the Lottery for any and all tickets accepted  or
24    generated  by any employee or representative of that agent or
25    distributor, and such tickets shall be deemed  to  have  been
26    purchased  by the agent or distributor unless returned to the
27    Lottery within the time and in the manner  prescribed by  the
28    Director.  All moneys received by such agents or distributors
29    from the sale of lottery tickets or shares, less  the  amount
30    retained  as  compensation  for  the  sale  of the tickets or
31    shares and the amount paid out as prizes, shall be paid  over
32    to a lottery representative or deposited in a bank or savings
 
SB745 Engrossed             -179-              LRB9101253EGfg
 1    and  loan  association  approved  by  the State Treasurer, as
 2    prescribed by the Director.
 3        No bank or savings and  loan  association  shall  receive
 4    public  funds  as  permitted  by  this Section, unless it has
 5    complied  with  the  requirements  established  pursuant   to
 6    Section 6 of the Public Funds Investment Act "An Act relating
 7    to  certain  investments of public funds by public agencies",
 8    approved July 23, 1943, as now or hereafter amended.
 9        Each payment or deposit shall be accompanied by a  report
10    of  the  agent's  receipts  and  transactions  in the sale of
11    lottery tickets in such form and containing such  information
12    as  the  Director  may  require.  Any  discrepancies  in such
13    receipts and transactions may be resolved as provided by  the
14    rules and regulations of the Department.
15        If  any  money  due  the  Lottery  by  a  sales  agent or
16    distributor is not  paid  when  due  or  demanded,  it  shall
17    immediately  become  delinquent and be billed on a subsequent
18    monthly statement. If on the closing  date  for  any  monthly
19    statement  a delinquent amount previously billed of more than
20    $50 remains unpaid, interest in such amount shall be  accrued
21    at the rate of 2% per month or fraction thereof from the date
22    when  such  delinquent  amount  becomes  past  due until such
23    delinquent amount,  including  interest,  penalty  and  other
24    costs and charges that the Department may incur in collecting
25    such amounts, is paid. In case any agent or distributor fails
26    to  pay  any  moneys  due  the Lottery within 30 days after a
27    second  bill  or  statement  is  rendered  to  the  agent  or
28    distributor, such amount shall be deemed seriously delinquent
29    and may be referred by the Department to a collection  agency
30    or  credit  bureau for collection.  Any contract entered into
31    by the Department for the collection of seriously  delinquent
32    accounts  with  a  collection  agency or credit bureau may be
33    satisfied by a  commercially  reasonable  percentage  of  the
34    delinquent account recouped, which shall be negotiated by the
 
SB745 Engrossed             -180-              LRB9101253EGfg
 1    Department   in   accordance   with   commercially   accepted
 2    standards.   Any  costs  incurred by the Department or others
 3    authorized  to  act  in  its  behalf   in   collecting   such
 4    delinquencies   may   be   assessed   against  the  agent  or
 5    distributor and included as a part of the delinquent account.
 6        In case of failure of an agent or distributor  to  pay  a
 7    seriously   delinquent   amount,   or  any  portion  thereof,
 8    including interest, penalty and  costs,  the  Department  may
 9    issue  a  Notice of Assessment.  In determining amounts shown
10    on the Notice of Assessment, the Department shall utilize the
11    financial  information  available  from  its  records.   Such
12    Notice of Assessment shall be prima facie correct  and  shall
13    be  prima  facie  evidence  of delinquent sums due under this
14    Section at any hearing  before  the  Board,  or  its  Hearing
15    Officers,  or  at  any  other  legal  proceeding.  Reproduced
16    copies of the Department's records relating to  a  delinquent
17    account  or a Notice of Assessment offered in the name of the
18    Department, under the Certificate  of  the  Director  or  any
19    officer  or  employee of the Department designated in writing
20    by the Director shall, without  further  proof,  be  admitted
21    into evidence in any such hearing or any legal proceeding and
22    shall  be  prima  facie  proof  of the delinquency, including
23    principal and any interest, penalties  and  costs,  as  shown
24    thereon. The Attorney General may bring suit on behalf of the
25    Department  to  collect  all  such delinquent amounts, or any
26    portion thereof, including interest, penalty and  costs,  due
27    the Lottery.
28        Any   person  who  accepts  money  that  is  due  to  the
29    Department from the sale of lottery tickets under  this  Act,
30    but   who  wilfully  fails  to  remit  such  payment  to  the
31    Department when due or who purports to make such payment  but
32    wilfully fails to do so because his check or other remittance
33    fails  to  clear  the  bank  or  savings and loan association
34    associations against which it is drawn, in  addition  to  the
 
SB745 Engrossed             -181-              LRB9101253EGfg
 1    amount  due  and in addition to any other penalty provided by
 2    law, shall be assessed, and shall pay, a penalty equal to  5%
 3    of  the  deficiency plus any costs or charges incurred by the
 4    Department in collecting such amount.
 5        The  Director  may  make  such   arrangements   for   any
 6    person(s),   banks,   savings   and   loan   associations  or
 7    distributors,  to  perform  such  functions,  activities   or
 8    services  in  connection with the operation of the lottery as
 9    he  deems  advisable  pursuant  to  this  Act,   "the   State
10    Comptroller  Act",  approved  September  7,  1972,  as now or
11    hereafter amended,  or  the  rules  and  regulations  of  the
12    Department,  and such functions, activities or services shall
13    constitute lawful functions, activities and services of  such
14    person(s),   banks,   savings   and   loan   associations  or
15    distributors.
16        All income arising out of any activity or purpose of  the
17    Department  shall,  pursuant  to  the  "An Act in relation to
18    State Finance Act", approved June 10, 1919,  as  amended,  be
19    paid  into the State Treasury except as otherwise provided by
20    the rules and regulations of  the  Department  and  shall  be
21    covered  into a special fund to be known as the State Lottery
22    Fund.  Banks  and  savings  and  loan  associations  may   be
23    compensated for services rendered based upon the activity and
24    amount of funds on deposit.
25    (Source: P.A. 88-522; revised 10-31-98.)

26        (20 ILCS 1605/24) (from Ch. 120, par. 1174)
27        Sec.  24.  The State Comptroller shall conduct a preaudit
28    of all accounts and transactions of the Department under  the
29    State  Comptroller  Act,  excluding  payments  issued  by the
30    Department for prizes of $25,000 or less.
31        The Auditor General Auditor-General or a certified public
32    accountant firm appointed by  him  shall  conduct  an  annual
33    post-audit of all accounts and transactions of the Department
 
SB745 Engrossed             -182-              LRB9101253EGfg
 1    and   other  special  post  audits  as  the  Auditor  General
 2    Auditor-General, the Legislative  Audit  Commission,  or  the
 3    General Assembly deems deem necessary. The annual post-audits
 4    shall include payments made by lottery sales agents of prizes
 5    of  less  than $600 authorized under Section 20, and payments
 6    made by the Department of prizes  up  to  $25,000  authorized
 7    under  Section  20.1.  The Auditor General Auditor-General or
 8    his agent conducting an  audit  under  this  Act  shall  have
 9    access  and  authority  to examine any and all records of the
10    Department or the Board,  its  distributing  agents  and  its
11    licensees.
12    (Source: P.A.   87-1197;   88-676,   eff.  12-14-94;  revised
13    10-31-98.)

14        Section  28.   The  Mental   Health   and   Developmental
15    Disabilities   Administrative  Act  is  amended  by  changing
16    Sections 4, 18.1, and 22 as follows:

17        (20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
18        Sec.  4.   To  exercise  executive   and   administrative
19    supervision  over  all  facilities,  divisions,  programs and
20    services now existing or hereafter acquired or created  under
21    the  jurisdiction  of  the  Department,  including,  but  not
22    limited to, the following:
23        The Alton Mental Health Center, at Alton
24        The  Clyde  L.  Choate  Mental  Health  and Developmental
25    Center, at Anna
26        The Chester Mental Health Center, at Chester
27        The Chicago-Read Mental Health Center, at Chicago
28        The Elgin Mental Health Center, at Elgin
29        The Metropolitan  Children  and  Adolescents  Center,  at
30    Chicago
31        The Jacksonville Developmental Center, at Jacksonville
32        The  Governor  Samuel H. Shapiro Developmental Center, at
 
SB745 Engrossed             -183-              LRB9101253EGfg
 1    Kankakee
 2        The Tinley Park Mental Health Center, at Tinley Park
 3        The Warren G.  Murray Developmental Center, at Centralia
 4        The Jack Mabley Developmental Center, at Dixon
 5        The Lincoln Developmental Center, at Lincoln
 6        The H. Douglas Singer  Mental  Health  and  Developmental
 7    Center, at Rockford
 8        The John J. Madden Mental Health Center, at Chicago
 9        The George A. Zeller Mental Health Center, at Peoria
10        The Andrew McFarland Mental Health Center, at Springfield
11        The Adolf Meyer Mental Health Center, at Decatur
12        The William W. Fox Developmental Center, at Dwight
13        The  Elisabeth  Ludeman  Developmental  Center,  at  Park
14    Forest
15        The William A. Howe Developmental Center, at Tinley Park
16        The Ann M. Kiley Developmental Center, at Waukegan.
17        Beginning  not  later  than  July 1, 1977, the Department
18    shall cause each of the  facilities  under  its  jurisdiction
19    which provide in-patient care to comply with standards, rules
20    and regulations of the Department of Public Health prescribed
21    under  Section 6.05 of the "Hospital Licensing Act", approved
22    July 1, 1953, as amended.
23    (Source: P.A. 87-447; 89-439, eff. 6-1-96; revised 10-31-98.)

24        (20 ILCS 1705/18.1) (from Ch. 91 1/2, par. 100-18.1)
25        Sec. 18.1.  Community  Mental  Health  and  Developmental
26    Disabilities Services Provider Participation Fee Trust Fund.
27        (a)  Deposits  by  State  Treasurer.  The State Treasurer
28    shall deposit moneys received by him as ex-officio  custodian
29    of the Community Mental Health and Developmental Disabilities
30    Services  Provider  Participation  Fee Trust Fund in banks or
31    savings and loan associations that have been approved by  him
32    as  State  Depositaries under the Deposit of State Moneys Act
33    and with respect to such money shall be entitled to the  same
 
SB745 Engrossed             -184-              LRB9101253EGfg
 1    rights  and  privileges  as  are  provided  by  that Act with
 2    respect to moneys in the treasury of the State of Illinois.
 3        Any funds paid by providers in accordance with subsection
 4    (c) shall be deposited into the Community Mental  Health  and
 5    Developmental  Disabilities  Services  Provider Participation
 6    Fee Trust Fund.
 7        Any funds paid by the federal government under Title  XIX
 8    of  the  Social  Security  Act  to  the State of Illinois for
 9    services  delivered  by  mental   health   or   developmental
10    disabilities  services community providers shall be deposited
11    into  the   Community   Mental   Health   and   Developmental
12    Disabilities  Services  Provider Participation Fee Trust Fund
13    if:
14             (1)  the  non-federal  share  is   derived   through
15        payment   of   fees   by  providers  in  accordance  with
16        subsection (c); or
17             (2)  the non-federal share  is  derived  from  local
18        government  funds certification without regard to payment
19        of a fee by a provider.
20        (b)  Definitions.  As used in this Section:
21        "Fee" means a provider participation fee required  to  be
22    submitted  by each applicable provider to the State according
23    to the process described  in  subsection  (c).  This  fee  is
24    imposed pursuant to the authority granted by Sections 1 and 2
25    of Article IX of the Illinois Constitution of 1970.
26        "Fee  year"  means  the  fiscal year beginning July 1 and
27    ending June 30 for which the fee amount applies.
28        "Fund"   means   the   Community   Mental   Health    and
29    Developmental  Disabilities  Services  Provider Participation
30    Fee Trust Fund in the State Treasury which is hereby created.
31    Interest earned by the Fund shall be credited to the Fund.
32        "Local government funds certification" means the  process
33    by which a unit of local government certifies the expenditure
34    of  local  government  funds  for the purchase of a community
 
SB745 Engrossed             -185-              LRB9101253EGfg
 1    mental health or developmental disabilities service for which
 2    federal funds are available to the State on a matching  basis
 3    through Title XIX of the Social Security Act.
 4        "Medicaid reimbursed service" means a service provided by
 5    a  provider  under  an agreement with the Department which is
 6    eligible for reimbursement from the federal Medicaid  program
 7    and which is subject to the fee process.
 8        "Provider"  means  a  community agency which is funded by
 9    the Department to provide a Medicaid-reimbursed service.
10        (c)  Payment of fees due.  Each year the Department shall
11    calculate a fee which must be paid by the provider.
12             (1)  Calculation   of   projected   payments.    The
13        Department  shall determine the amount of the total gross
14        payment projected to be made  by  the  Department  during
15        that  fiscal  year  to the provider for covered services.
16        The projected payment shall take into  consideration  the
17        unit  rates  for  services,  the  prior  year's  units of
18        service billed by the provider,  and  any  factors  which
19        will influence a change in the number of units of service
20        to be billed during the fee year.
21                  (A)  Differential   payment   schedule.   If  a
22             provider's projected total gross payment for the fee
23             year exceeds by more than 20% the actual total gross
24             payment for the year prior  to  the  fee  year,  the
25             Department  shall  establish  a fee payment schedule
26             for that  provider  which  reflects  the  increasing
27             payments  projected  for  the fee year. This special
28             payment schedule shall require lesser  fee  payments
29             during  the  first quarter with gradually increasing
30             fee payments according to the  projected  growth  in
31             Medicaid receipts.
32                  (B)  Adjustment  of inaccurate projections.  If
33             a provider's projected total gross payment  for  the
34             fee  exceeds by more than 20% the actual total gross
 
SB745 Engrossed             -186-              LRB9101253EGfg
 1             payment for the year prior  to  the  fee  year,  the
 2             Department  shall  monitor  the  actual  total gross
 3             payments on a quarterly  basis  throughout  the  fee
 4             year.   If,  at  the  end  of  any  quarter,  actual
 5             payments  for  the  fee  year to date differ by more
 6             than 10% from  projected  payments,  the  Department
 7             shall  issue  a  revised fee amount to the provider.
 8             If the actual payments exceed those  projected,  the
 9             provider  must  submit  the  appropriate revised fee
10             amount within 30 days of  the  date  the  Department
11             sends  the  notification  of the revised amount.  If
12             the actual  amounts  are  less  than  the  projected
13             amounts,  the Department must return to the provider
14             the appropriate share  of  overpaid  fees,  if  any,
15             within   30   days   of  the  determination  of  the
16             discrepancy.
17             (2)  Multiplier.  The Department shall multiply  the
18        projected  total  gross  payment by an amount of not more
19        than 15% to determine the fee amount.
20             (3)  Notification. The Department shall notify  each
21        provider  in  writing  of  the  amount of the fee and the
22        required procedure for submitting the required payment.
23             (4)  Provider submission of  fee.   Each  applicable
24        provider must submit the specified fee in equal quarterly
25        amounts  due  on the first business date of each calendar
26        quarter.
27             (5) (A)  Any provider that fails to pay the fee when
28             due, or pays less than the full amount due, shall be
29             required to pay a penalty of 10% of the  delinquency
30             or  deficiency  for  each  month,  or  any  fraction
31             thereof,   computed   on  the  full  amount  of  the
32             delinquency or deficiency, from the time the fee was
33             due.
34                  (B)  In addition, the Illinois  Department  may
 
SB745 Engrossed             -187-              LRB9101253EGfg
 1             take  action to notify the Office of the Comptroller
 2             to collect any amount  of  monies  owed  under  this
 3             Section,  pursuant  to  Section  10.05  of the State
 4             Comptroller Act, or  may  suspend  payments  to,  or
 5             cancel  or  refuse  to issue, extend, or reinstate a
 6             Provider Contract  or  Agreement  to,  any  provider
 7             which  has  failed  to  pay  any  delinquent  fee or
 8             penalty.
 9             (6)  Local government funds certification.  If local
10        government funds are used as a source of a portion or the
11        entire fee amount, the provider may certify  the  planned
12        spending  of these local funds for the specified services
13        in lieu  of  actual  cash  payment  to  the  Fund.   This
14        certification  must  be  accompanied  by a statement from
15        each local government funder stating the intent  of  that
16        funder  to  contribute  the applicable portion of the fee
17        amount.  If  this  certification  process  is  used,  the
18        provider must also submit to the Department by October 31
19        of  the  year  following  the  fee  year  an annual audit
20        statement  from  a  certified  public   accountant   firm
21        demonstrating  that the local government funds were spent
22        for  the  intended  service  in  the   amounts   required
23        according  to  the fee amount.  If these local government
24        funds  were  not  spent  for  the  Medicaid  service   as
25        required,  the  provider must pay to the State the amount
26        of the fee which was not spent, plus a fine of 25% of the
27        amount of the fee  not  properly  covered  by  the  local
28        government  funds  certification  process.   This payment
29        must be submitted to the State Treasury by October 31  of
30        the year following the fee year.
31        (d)  Use of the Fund.
32             (1)  Revenue.   The  Fund  may receive deposits from
33        the federal government in accordance with subsection  (a)
34        and from provider fees in accordance with subsection (c).
 
SB745 Engrossed             -188-              LRB9101253EGfg
 1             (2)  Protection  from  reduction.  The moneys in the
 2        Fund shall be exempt  from  any  State  budget  reduction
 3        Acts.   The  Fund  shall not be used to replace any funds
 4        otherwise appropriated to the  Medicaid  program  by  the
 5        General Assembly.
 6             (3)  Administration;  Contingency  reserve.   Moneys
 7        paid  from  the  Fund  shall be used first for payment of
 8        administrative expenses incurred  by  the  Department  in
 9        performing  the  activities  authorized  by this Section,
10        including payments of any amounts which are  reimbursable
11        to  the  federal  government  for payments from this Fund
12        which  are  required  to  be  paid  by   State   warrant.
13        Disbursements  from  this Fund shall be by warrants drawn
14        by the State Comptroller upon receipt  of  vouchers  duly
15        executed and certified by the Department.  The Department
16        may  also establish a contingency reserve of no more than
17        3% of the total moneys collected in any one year.
18             (4)  (Blank).    After    paying    the    necessary
19        administrative  expenses and providing for a contingency,
20        the Department shall spend the remaining  moneys  in  the
21        Fund   to  reimburse  providers  for  providing  Medicaid
22        services.
23                  (A)  In the aggregate, providers  are  entitled
24             to  a  return of the entire amount required plus the
25             federal   matching   portion   less   administrative
26             expenses  and  less  the  allowed   3%   contingency
27             reserve,  based on fees paid before October 1, 1992.
28             No provider will receive back less than  the  amount
29             required  as  a fee, for fees paid before October 1,
30             1992.
31                  (B)  The Department shall maintain records that
32             show the amount of money that has been paid by  each
33             provider  into the Fund and the amount of money that
34             has been paid from the Fund to each provider.
 
SB745 Engrossed             -189-              LRB9101253EGfg
 1             (5)  Audit.  The Department shall conduct an  annual
 2        audit of the Fund to determine that amounts received from
 3        or  paid  to  providers were correct.  If a unit of local
 4        government certified non-federal funds, the provider must
 5        submit to the Department within 120 days after the end of
 6        the  fiscal  year  an  annual  audit  statement  from   a
 7        certified  public  accountant firm demonstrating that the
 8        local  government  funds  were  spent  for  the  intended
 9        service in the amounts required. If an  audit  identifies
10        amounts  that a provider should have been required to pay
11        and did not pay, a provider should not have been required
12        to pay but did pay, a provider should not  have  received
13        but  did  receive, or a provider should have received but
14        did not receive, the Department shall:
15                  (A)  Make  the  corrected   payments   to   the
16             provider;
17                  (B)  Correct  the  fee  amount  and any related
18             fines; or
19                  (C)  Take action to  recover  required  amounts
20             from the provider.
21        (e)  Applicability  contingent  on  federal  funds.   The
22    requirements  of  subsection  (c) shall apply only as long as
23    federal funds under the Medicaid Program are provided for the
24    purposes of this Section and only  as  long  as  reimbursable
25    expenditures  are  matched at the federal Medicaid percentage
26    of at least 50%. Whenever the  Department  is  informed  that
27    federal  funds  are  not to be provided for these purposes or
28    are provided at a  lower  percentage,  the  Department  shall
29    promptly   refund  to  each  provider  the  amount  of  money
30    deposited by each provider,  minus  payments  made  from  fee
31    funds to the provider, minus the proportionate share of funds
32    spent for administration, plus the proportionate share of any
33    investment   earnings.  In  no  event  shall  the  Department
34    calculate a fee or require the  payment  of  a  fee  for  any
 
SB745 Engrossed             -190-              LRB9101253EGfg
 1    quarter beginning on or after October 1, 1992.
 2        (f)  The  Department may promulgate rules and regulations
 3    to implement this Section.  For the purposes of the  Illinois
 4    Administrative  Procedure  Act,  the adoption or amendment of
 5    rules to implement this  amendatory  Act  of  1991  shall  be
 6    deemed  an  emergency  and necessary for the public interest,
 7    safety and welfare.
 8    (Source: P.A.  89-626,  eff.  8-9-96;  90-372,  eff.  7-1-98;
 9    revised 10-31-98.)

10        (20 ILCS 1705/22) (from Ch. 91 1/2, par. 100-22)
11        Sec. 22.  To accept and hold in behalf of the  State,  if
12    for  the public interest, a grant, gift or legacy of money or
13    property to the State of Illinois, to the Department,  or  to
14    any  facility  of  the  Department  made  in  trust  for  the
15    maintenance  or  support  of a recipient at a facility of the
16    Department, or for any  other  legitimate  purpose  connected
17    with  such facility. The Department shall accept any donation
18    for the board and treatment of any recipient. The  Department
19    also may accept and hold a grant, gift, or legacy of money or
20    property  made  or given to a facility of the Department that
21    is no longer operating or to a  facility  of  the  Department
22    that  is  operating  under a different name, provided that if
23    the grant, gift or legacy was made for a particular  purpose,
24    the  Department  shall,  to  the  extent practicable, use the
25    grant, gift or legacy in  a  manner  that  carries  out  that
26    purpose  with  regard  to  another  facility  operated by the
27    Department for the same purpose, or in the latter case,  with
28    regard  to  that  same  facility  of  the  Department that is
29    operating under a different name. The Department shall  cause
30    each gift, grant or legacy to be kept as a distinct fund, and
31    shall  invest  the same in the manner provided by the laws of
32    this State as the same  now  exist,  or  shall  hereafter  be
33    enacted,  relating  to  securities  in which the deposit in a
 
SB745 Engrossed             -191-              LRB9101253EGfg
 1    savings bank may be invested. But the Department may, in  its
 2    discretion,  deposit  in  a  proper  trust company or savings
 3    bank, during the continuance of the trust, any fund  so  left
 4    in  trust for the life of a person, and shall adopt rules and
 5    regulations governing the deposit, transfer, or withdrawal of
 6    such fund. The Department shall  on  the  expiration  of  any
 7    trust  as  provided  in  any  instrument  creating  the same,
 8    dispose of the fund thereby created in the manner provided in
 9    such instrument. The Department shall include in  its  annual
10    report  a  statement showing what funds are so held by it and
11    the condition thereof. Monies found on the recipients at  the
12    time  of  their  admission,  or accruing to them during their
13    period of  facility  care,  and  monies  deposited  with  the
14    facility  director  by  relatives,  guardians  or  friends of
15    recipients for the  special  comfort  and  pleasure  of  such
16    recipients,  shall  remain  in  the  custody of such facility
17    director who shall act as trustee  for  disbursement  to,  in
18    behalf  of,  or for the benefit of such recipients. All types
19    of retirement and pension benefits from  private  and  public
20    sources  may be paid directly to the director of the facility
21    where the  recipient  is  a  resident,  for  deposit  to  the
22    recipient's  trust  fund  account.  Banks,  trust  companies,
23    savings  and  loan companies and insurance carriers having in
24    their possession funds of  $1,000  or  less  belonging  to  a
25    recipient  in  a  an facility of the Department shall release
26    such  funds  to  the  director  of  the  facility  where  the
27    recipient is a resident, for deposit to the recipient's trust
28    fund account. The facility director shall provide  a  receipt
29    to  any  bank,  trust  company,  savings  and loan company or
30    insurance carrier for the amount received  and  such  receipt
31    shall constitute a valid and sufficient discharge and release
32    of  the  obligation  of such bank, trust company, savings and
33    loan company or insurance carrier to the recipient  for  whom
34    such  payment was so made, to the extent of the payment made.
 
SB745 Engrossed             -192-              LRB9101253EGfg
 1    Each facility director shall  keep  in  a  book  an  itemized
 2    account  of  all receipts and expenditures of funds described
 3    in the above proviso, which book shall be open at  all  times
 4    to the inspection of the Department.
 5    (Source: P.A. 86-922; revised 10-31-98.)

 6        Section    29.    The   Illinois   National   Guardsman's
 7    Compensation Act is amended by changing Section 3 as follows:

 8        (20 ILCS 1825/3) (from Ch. 129, par. 403)
 9        Sec. 3.  If a claim therefor is made within one  year  of
10    the date of the death of the guardsman, compensation shall be
11    paid  to the person designated by such guardsman killed while
12    on duty.  The amount of compensation shall be  equal  to  the
13    greater  of  (i)  $100,000 or (ii) the amount of compensation
14    payable under Section 3  of  the  Law  Enforcement  Officers,
15    Civil  Defense Workers, Civil Air Patrol Members, Paramedics,
16    Firemen, Chaplains, and State Employees Compensation Act when
17    an individual to whom that Act applies is killed in the  line
18    of duty.  If no beneficiary is designated or surviving at the
19    death of the guardsman killed while on duty, the compensation
20    shall be paid as follows:
21             (a)  When  there  is  a surviving spouse, the entire
22        sum shall be paid to the spouse.;
23             (b)  When  there  is  no  surviving  spouse,  but  a
24        surviving descendant of  the  decedent,  the  entire  sum
25        shall be paid to the decedent's descendants per stirpes.;
26        
27             (c)  When  there is neither a surviving spouse nor a
28        surviving descendant, the entire sum shall be paid to the
29        parents of the decedent in equal parts, allowing  to  the
30        surviving parent, if one is dead, the entire sum.
31             (d)  When  there  is no surviving spouse, descendant
32        or parent  of  the  decedent,  but  there  are  surviving
 
SB745 Engrossed             -193-              LRB9101253EGfg
 1        brothers  or  sisters,  or  descendants  of  a brother or
 2        sister, who were receiving their principal  support  from
 3        the  decedent at his death, the entire sum shall be paid,
 4        in equal parts, to the dependent brothers or  sisters  or
 5        dependent  descendant of a brother or sister.  Dependency
 6        shall be determined by the Court of Claims based upon the
 7        investigation and report of the Attorney General.
 8        When there is no beneficiary designated or  surviving  at
 9    the  death  of  the  guardsman  killed  while  on duty and no
10    surviving spouse, descendant, parent, nor  dependent  brother
11    or sister, or dependent descendant of a brother or sister, no
12    compensation shall be payable under this Act.
13        No  part  of  such  compensation may be paid to any other
14    person for any efforts in securing such compensation.
15    (Source: P.A. 88-518; 89-323, eff. 1-1-96; revised 10-31-98.)

16        Section 30.  The Surface Coal Mining Fee Act  is  amended
17    by changing Section 1 as follows:

18        (20 ILCS 1915/1) (from Ch. 96 1/2, par. 7501)
19        Sec. 1. Legislative findings and intent.
20        (a)  The General Assembly finds that:
21             (1)  the purposes of the "Surface Mining Control and
22        Reclamation  Act  of  1977" (30 USC 1201 et seq.) include
23        the establishment of a program to protect society and the
24        environment from the  adverse  effects  of  surface  coal
25        mining operations and from the adverse surface effects of
26        underground coal mining operations;
27             (2)  the  purposes of the above Act also include the
28        promoting of the reclamation of mined areas left  without
29        adequate  reclamation  prior to the enactment of this Act
30        and which continue, in their unreclaimed  conditions,  to
31        substantially degrade the quality of the environment;
32             (3)  the  purposes of the above Act also include the
 
SB745 Engrossed             -194-              LRB9101253EGfg
 1        assurance that the coal supply essential to the  Nation's
 2        energy  requirements,  and  to  its  economic  and social
 3        well-being  is  provided,  and  to  encourage  the   full
 4        utilization of coal resources.
 5        (b)  The General Assembly also finds that:
 6             (1)  during  the  mining  and preparation of coal, a
 7        portion of the coal is lost in the tailings produced;
 8             (2)  this lost coal, in gob or slurry form,  can  be
 9        recovered in an economic and useable fashion;
10             (3)  the recovery of this coal, which may constitute
11        twenty  percent  or  more  of  a  gob pile, and which may
12        constitute fifty percent or more of  a  slurry  pond,  in
13        effect  conserves  energy by increasing the efficiency of
14        utilization of a valuable fuel resource;
15             (4)  the recovery of this coal,  when  conducted  in
16        accordance  with  the  permits  required  by the Illinois
17        Department  of  Natural  Resources   and   the   Illinois
18        Environmental   Protection  Agency,  contributes  to  the
19        reclamation of the land, in  that  the  total  volume  of
20        wastes to be handled is reduced.
21        (c)  It is the purpose of this Act:
22             (1)  to  include  the  recovery of coal from gob and
23        slurry as a part of the land reclamation process and as a
24        form of energy conservation; and
25             (2)  to  provide  that  a  portion  of   the   funds
26        collected by the Office of Surface Mining Reclamation and
27        Enforcement and returned to the State of Illinois be used
28        for coal recovery.
29    (Source: P.A. 89-445, eff 2-7-96; revised 10-31-98.)

30        Section   31.    The  Abandoned  Mined  Lands  and  Water
31    Reclamation Act is amended by changing Sections 2.04 and 3.02
32    as follows:
 
SB745 Engrossed             -195-              LRB9101253EGfg
 1        (20 ILCS 1920/2.04) (from Ch. 96 1/2, par. 8002.04)
 2        Sec. 2.04. Reclamation.
 3        (a)  The Department or such agency or department of State
 4    government  as  the  Department  may  designate  pursuant  to
 5    subsection  (d)  of  Section  3.05  may  enter  and   reclaim
 6    abandoned  lands  under  this Section if the Department finds
 7    that:
 8             (1)  land or water  resources  have  been  adversely
 9        affected by past coal mining practices; and
10             (2)  the  adverse  effects  are at a stage where, in
11        the public interest, action to restore,  reclaim,  abate,
12        control, or prevent should be taken; and
13             (3)  the owners of the land or water resources where
14        entry  must  be made to restore, reclaim, abate, control,
15        or prevent  the  adverse  effects  of  past  coal  mining
16        practices are not known, or readily available; or (4) the
17        owners  will  not  give permission for the United States,
18        the  States,  political   subdivisions,   their   agents,
19        employees,  or contractors to enter upon such property to
20        restore, reclaim, abate, control, or prevent the  adverse
21        effects of past coal mining practices.
22        (b)  After (1) the findings required by subsection (a) of
23    this  Section  have  been made, and (2) giving notice by mail
24    return receipt requested to the owners if  known  or  if  not
25    known  by  posting  notice  upon the premises and advertising
26    once  in  a  newspaper  of   general   circulation   in   the
27    municipality  in  which the land lies, the Department or such
28    agency or department of State government  as  the  Department
29    may  designate  pursuant  to  subsection  (d) of Section 3.05
30    shall have the right  to  enter  on  the  property  adversely
31    affected  by  past mining practices and any other property to
32    have access to such property to do all  things  necessary  or
33    expedient to restore, reclaim, abate, control, or prevent the
34    adverse effects.
 
SB745 Engrossed             -196-              LRB9101253EGfg
 1        (c)  The  moneys  expended for such work and the benefits
 2    accruing to any  such  premises  so  entered  upon  shall  be
 3    chargeable against such land and shall mitigate or offset any
 4    claim  in  or any action brought by any owner of any interest
 5    in such premises for any alleged damage  by  virtue  of  such
 6    entry.   This  provision is not intended to create new rights
 7    of action or eliminate existing immunities.
 8        (d)  Entry under this Section shall be  construed  as  an
 9    exercise  of  the  police  power for the protection of public
10    health,  safety,  and  general  welfare  and  shall  not   be
11    construed  as an act of condemnation of property nor trespass
12    thereon.
13    (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)

14        (20 ILCS 1920/3.02) (from Ch. 96 1/2, par. 8003.02)
15        Sec. 3.02. State reclamation program.
16        (a)  The Department may  prepare  and  submit  under  the
17    Federal  Act  (1)  a  State  reclamation plan and appropriate
18    amendments, (2) annual project lists and program  plans,  (3)
19    grant  proposals  for  federal  funding,  (4)  inventories of
20    previous projects, (5) annual and other  reports  as  may  be
21    appropriate,  and (6) such other applications, certifications
22    or documents as may be required  under  the  Federal  Act  in
23    connection  with  reclamation  or  acquisition  of  abandoned
24    lands.
25    (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)

26        Section 32.  The Civil Administrative Code of Illinois is
27    amended   by   changing   Sections  60b,  60g,  and  60m  and
28    renumbering Section 62.1 (110 ILCS 355/62.1) as follows:

29        (20 ILCS 2105/60b) (from Ch. 127, par. 60b)
30        Sec. 60b.  In the construction of Sections 60, 60a,  60b,
31    60c, 60d, 60e, 60f, 60g, and 60h, 60i, 60j, 60k, and 60L, the
 
SB745 Engrossed             -197-              LRB9101253EGfg
 1    following   definitions   shall  govern  unless  the  context
 2    otherwise clearly indicates.
 3        "Department" shall mean the  Department  of  Professional
 4    Regulation.
 5        "Registrant"  shall  mean a person who holds or claims to
 6    hold a certificate as defined herein.
 7        "Certificate"  shall  mean  a  license,  certificate   of
 8    registration,  permit  or  other  authority  purporting to be
 9    issued or conferred by the Department by virtue or  authority
10    of  which the registrant has or claims the right to engage in
11    a profession, trade, occupation or  operation  of  which  the
12    Department has jurisdiction.
13        "Board"  shall mean the board of persons designated for a
14    profession, trade or occupation under the provisions  of  any
15    Act  now  or  hereafter  in force whereby the jurisdiction of
16    such profession, trade  or  occupation  is  devolved  on  the
17    Department.
18    (Source: P.A. 85-225; revised 10-31-98.)

19        (20 ILCS 2105/60g) (from Ch. 127, par. 60g)
20        Sec.  60g.  The  board  shall present to the Director its
21    written report of its findings and recommendations.   A  copy
22    of  such  report  shall be served upon the registrant, either
23    personally or by registered mail as provided in  Section  60c
24    60-c  for the service of the citation.  Within 20 twenty days
25    after  such  service,  the  registrant  may  present  to  the
26    department his motion  in  writing  for  a  rehearing,  which
27    written motion shall specify the particular grounds therefor.
28    If the registrant shall order and pay for a transcript of the
29    record  as  provided  in  Section 60f 60-f, the time elapsing
30    thereafter and before such transcript is ready  for  delivery
31    to him shall not be counted as part of such 20 twenty days.
32    (Source: P.A. 83-230; revised 10-31-98.)
 
SB745 Engrossed             -198-              LRB9101253EGfg
 1        (20 ILCS 2105/60m) (from Ch. 127, par. 60m)
 2        Sec.  60m.   Notwithstanding  any  of  the  provisions of
 3    Section 60, 60.1, 60a, 60-a, 60b, 60c, 60d, 60-d,  60e,  60f,
 4    60g,  60-g  or 60h of this Act, the Department shall suspend,
 5    revoke, place on probationary  status,  or  take  such  other
 6    disciplinary  action  as  it  deems  proper for violations of
 7    Section 22 of the Medical Practice Act of 1987,  as  amended,
 8    only  in accordance with Sections 7 and 36 through 46 of that
 9    Act.
10    (Source: P.A. 85-1209; revised 10-31-98.)

11        (20 ILCS 2105/61f) (formerly 110 ILCS 355/62.1)
12        Sec. 61f. 62.1. Design Professionals Dedicated Employees.
13    There is established within the  Department  of  Professional
14    Regulation  certain design professionals dedicated employees.
15    These  employees  shall  be  devoted   exclusively   to   the
16    administration  and  enforcement of the Illinois Architecture
17    Practice Act, the Illinois Professional Land Surveyor Act  of
18    1989,  the Professional Engineering Practice Act of 1989, and
19    the Structural Engineering Licensing Act of 1989.  The design
20    professionals dedicated employees  that  the  Director  shall
21    employ,  in  conformity with the Personnel Code, at a minimum
22    shall consist of one full-time design licensing  Coordinator,
23    one  full-time  Assistant  Coordinator, 4 full-time licensing
24    clerks,   one   full-time   attorney,   and    2    full-time
25    investigators.  These employees shall work exclusively in the
26    licensing  and  enforcement of the design profession Acts set
27    forth in this Section and shall not be used for the licensing
28    and enforcement of any other  Act  or  other  duties  in  the
29    Department of Professional Regulation.
30    (Source: P.A. 87-781; revised 10-28-98.)

31        Section  33.   The  Illinois Health Finance Reform Act is
32    amended by changing Sections 4-3 and 5-1 as follows:
 
SB745 Engrossed             -199-              LRB9101253EGfg
 1        (20 ILCS 2215/4-3) (from Ch. 111 1/2, par. 6504-3)
 2        Sec. 4-3.  Confidentiality.
 3        (a)  As  indicated  elsewhere  in  this  Act,  all  steps
 4    necessary under State and  Federal  law  to  protect  patient
 5    confidentiality shall be undertaken by the Council to prevent
 6    the    identification    of   individual   patient   records.
 7    Regulations are to be written to assure  the  confidentiality
 8    of  patient records when gathering and submitting data to the
 9    Council or designated corporation, association or entity.
10        (b)  The information submitted to the Council, designated
11    corporation, association or entity by hospitals  pursuant  to
12    subsections  (c)  and  (e) of Section 4-2 shall be privileged
13    and confidential, and shall not be disclosed in  any  manner.
14    The   foregoing  includes,  but  shall  not  be  limited  to,
15    disclosure,  inspection  or  copying  under  the  Freedom  of
16    Information Act, the State Records Act, and paragraph (1)  of
17    Section  404  of  the  Illinois Insurance Code.  However, the
18    prohibitions stated in this subsection shall not apply to the
19    compilations of information assembled by the Council pursuant
20    to subsections (k) and (m) of Section 4-2.
21        (c)  Any  person  or  organization,  including  but   not
22    limited  to,  hospitals,  government  agencies, associations,
23    businesses, or researchers receiving data under an  agreement
24    with  the Council under the terms indicated in Section 6504-2
25    shall be required to adhere strictly  to  the  terms  of  the
26    agreement,   especially   the   terms  that  are  related  to
27    preserving patient confidentiality.  The use of Council  data
28    either  alone or in combination with data from another source
29    or sources to identify specific patients is prohibited unless
30    such identification is specifically  authorized  by  Illinois
31    Statute  and  agreed  to  in  writing  by  the  Council.   An
32    intentional  breach of patient confidentiality not authorized
33    by statute and  the  Council  shall  render  the  responsible
34    individual  or  organization  liable  to  the penalties under
 
SB745 Engrossed             -200-              LRB9101253EGfg
 1    Section 5-2 6505-2.
 2    (Source: P.A. 88-535; revised 10-31-98.)

 3        (20 ILCS 2215/5-1) (from Ch. 111 1/2, par. 6505-1)
 4        Sec. 5-1.  Mandatory Utilization Review.
 5        (a)  Except as prohibited by Federal law or  regulations,
 6    any  third  party  payor  shall  have  the  option to require
 7    utilization review  for  hospital  admissions  and  continued
 8    hospital  stays, except for the Illinois Department of Public
 9    Aid for  payment  of  hospital  services  for  recipients  of
10    assistance  under  Articles  V,  VI,  and VII of the Illinois
11    Public Aid Code.  The payor shall have the option to contract
12    with a medical peer review organization,  provided  that  the
13    organization   is   at  minimum,  composed  of  10%  of  area
14    physicians, or the hospital to perform utilization review  or
15    to conduct its own utilization review.  A medical peer review
16    organization, as defined, may also contract with hospitals to
17    perform reviews on a delegated basis.  The utilization review
18    process shall provide for the timely notification of patients
19    by  the third party payor or review organization that further
20    services are deemed inappropriate or  medically  unnecessary.
21    Such  notification  shall  inform  the patient that his third
22    party payor will cease coverage after a  stated  period  from
23    the  date of the notification.  No third party payor shall be
24    liable for charges for health care  services  rendered  by  a
25    hospital subsequent to the end of the notification period.
26        Nothing in this Section shall be construed as authorizing
27    any  person  or third party payor, other than through the use
28    of physicians licensed to practice medicine  in  all  of  its
29    branches  or  other  licensed health care professionals under
30    the supervision of said physicians,  to  conduct  utilization
31    review.
32        (b)  All  costs  associated with utilization review under
33    this section shall be billed to and paid by the  third  party
 
SB745 Engrossed             -201-              LRB9101253EGfg
 1    payor ordering the review.
 2        (c)  Any  third  party  payor  for  hospital services may
 3    contract with a hospital for a program of utilization  review
 4    different  than  that  required  by  this  subsection,  which
 5    contract  may  provide  for  the  withholding  and  denial of
 6    payment for hospital services to  a  beneficiary,  when  such
 7    treatment  is  found  in  the course of utilization review to
 8    have been inappropriate and unwarranted in the case  of  that
 9    beneficiary.
10        (d)  All  records and reports arising as a result of this
11    subsection shall be strictly privileged and confidential,  as
12    provided under Part 21 of Article VIII 8 of the Code of Civil
13    Procedure.
14    (Source: P.A. 83-1243; revised 10-31-98.)

15        Section 34.  The Civil Administrative Code of Illinois is
16    amended  by  changing Sections 55.57 and 55.76 and by setting
17    forth and renumbering multiple versions of Section  55.84  as
18    follows:

19        (20 ILCS 2310/55.57) (from Ch. 127, par. 55.57)
20        Sec.    55.57.    Community   Health   Centers.      From
21    appropriations from the Community Health Center Care Fund,  a
22    special  fund  in the State treasury which is hereby created,
23    the Department shall provide financial assistance (a) to  (a)
24    migrant   health   centers   and   community  health  centers
25    established pursuant to Sections 329 or 330  of  the  federal
26    Public  Health  Service  Act  or  which  meet  the  standards
27    contained  in  either  of  those  Sections;  and  (b) for the
28    purpose  of  establishing  new  migrant  health  centers   or
29    community health centers in areas of need.
30    (Source: P.A. 86-996; 86-1028; revised 10-31-98.)

31        (20 ILCS 2310/55.76)
 
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 1        Sec. 55.76.  Heart Disease Treatment and Prevention Fund;
 2    grants.    From  funds  appropriated  from  the Heart Disease
 3    Treatment and Prevention Fund, a special fund created in  the
 4    State  treasury,  the  Illinois  Department  of Public Health
 5    shall make grants to public  and  private  agencies  for  the
 6    purposes of funding (i) research into causes, prevention, and
 7    treatment of heart disease and (ii) public education relating
 8    to  treatment and prevention of heart disease within with the
 9    State of Illinois.
10    (Source: P.A. 88-666,  eff.  9-16-94;  89-235,  eff.  8-4-95;
11    revised 10-31-98.)

12        (20 ILCS 2310/55.84)
13        Sec. 55.84.  Breast feeding; public information campaign.
14    The  Department  of  Public Health may conduct an information
15    campaign for the general public to promote breast feeding  of
16    infants  by  their  mothers.   The Department may include the
17    information in a brochure prepared under Section 55.64 or  in
18    a  brochure  that  shares  other information with the general
19    public and is distributed free of charge.  If the  Department
20    includes  the  information  required  under this Section in a
21    brochure authorized or required under  another  provision  of
22    law,  the  Department  may continue to use existing stocks of
23    that brochure before adding the  information  required  under
24    this  Section  but  shall  add  that  information in the next
25    printing of the brochure.   The  information  required  under
26    this  Section  may  be  distributed  to  the parents or legal
27    custodians of each newborn upon discharge of the infant  from
28    a hospital or other health care facility.
29    (Source: P.A. 90-244, eff. 1-1-98; 90-655, eff. 7-30-98.)

30        (20 ILCS 2310/55.89)
31        Sec. 55.89. 55.84.  Aging Veterans Task Force.
32        (a)  The Director of Public Health shall appoint an Aging
 
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 1    Veterans  Task  Force to study the capability of the State to
 2    provide health care to veterans of the armed forces after the
 3    year  2000.   The  task  force  shall  consist   of   persons
 4    representing  the  Department,  the  Department  of Veterans'
 5    Affairs, Illinois Veterans Homes, hospitals,  nursing  homes,
 6    other  health care facilities, and advocates for residents of
 7    Illinois Veterans Homes, hospitals, nursing homes, and  other
 8    health  care  facilities.   Members  of  the task force shall
 9    serve  without  compensation  other  than  reimbursement  for
10    necessary expenses  incurred  in  the  performance  of  their
11    duties.
12        (b)  The   task   force  shall  conduct  a  comprehensive
13    examination of the future demands  for  health  care  by  the
14    State's aging veteran population and the ability of the State
15    to provide that health care.
16        (c)  The  task force shall make recommendations to assist
17    the Department and the Department  of  Veterans'  Affairs  in
18    developing  agency  and legislative changes to provide health
19    care to the State's veterans after the year  2000.  The  task
20    force  shall  report  its  recommendations  to the Department
21    before January 1, 1999.
22    (Source: P.A. 90-693, eff. 8-7-98; revised 9-23-98.)

23        Section  35.   The  Blind   Persons   Operating   Vending
24    Facilities Act is amended by changing Section 8 as follows:

25        (20 ILCS 2420/8) (from Ch. 23, par. 3338)
26        Sec.  8.   The  Department  shall  assign  any  available
27    vending facility to an operator in the following manner:
28        (A)  An  objective  set  of criteria promulgated by rules
29    and   regulations   adopted   pursuant   to   the    Illinois
30    Administrative Procedure Act.
31        (B)  The  Department  shall notify all licensed operators
32    in writing of the  availability  of  any  vending  facilities
 
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 1    within the program as far in advance as is practicable.  Such
 2    notice  shall  include a description of the type of facility,
 3    its characteristics, and its geographic location, the type of
 4    building  in  which  the  facility  is   located,   date   of
 5    availability,   anticipated   income  or  income  experience,
 6    contractual considerations such as hours,  price  limitations
 7    or  subsidies,  if  any,  business  telephone  number  of the
 8    current operator, when applicable, and availability of public
 9    transportation.  The notice  shall  contain  a  deadline  for
10    responses which is no less than 14 days after its issuance.
11        (C)  The Department shall consider as qualified only bids
12    received  from  operators  who  have  received  certification
13    fitting  the  description  of  the  facility contained in the
14    notice.  In this manner, a list of qualified bidders shall be
15    formed, and  the  facility  shall  be  offered  to  the  most
16    qualified bidder.
17    (Source: P.A. 83-1534; revised 10-31-98.)

18        Section 36.  The Civil Administrative Code of Illinois is
19    amended by changing Section 55a as follows:

20        (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
21        (Text of Section before amendment by P.A. 90-590)
22        Sec. 55a. Powers and duties.
23        (A)  The  Department  of  State  Police  shall  have  the
24    following  powers and duties, and those set forth in Sections
25    55a-1 through 55c:
26        1.  To exercise the rights, powers and duties which  have
27    been  vested  in the Department of Public Safety by the State
28    Police Act.
29        2.  To exercise the rights, powers and duties which  have
30    been  vested  in the Department of Public Safety by the State
31    Police Radio Act.
32        3.  To exercise the rights, powers and duties which  have
 
SB745 Engrossed             -205-              LRB9101253EGfg
 1    been  vested  in  the  Department  of  Public  Safety  by the
 2    Criminal Identification Act.
 3        4.  To (a) investigate the origins, activities, personnel
 4    and incidents of crime and the ways and means to redress  the
 5    victims   of  crimes,  and  study  the  impact,  if  any,  of
 6    legislation relative to the effusion  of  crime  and  growing
 7    crime  rates,  and  enforce  the  criminal laws of this State
 8    related  thereto,  (b)  enforce  all  laws   regulating   the
 9    production,  sale, prescribing, manufacturing, administering,
10    transporting, having in possession,  dispensing,  delivering,
11    distributing,  or  use of controlled substances and cannabis,
12    (c)  employ   skilled   experts,   scientists,   technicians,
13    investigators or otherwise specially qualified persons to aid
14    in  preventing or detecting crime, apprehending criminals, or
15    preparing  and  presenting  evidence  of  violations  of  the
16    criminal laws of the State, (d) cooperate with the police  of
17    cities,  villages and incorporated towns, and with the police
18    officers of any county, in enforcing the laws  of  the  State
19    and  in making arrests and recovering property, (e) apprehend
20    and deliver up any person charged in this State or any  other
21    State  of  the  United  States with treason, felony, or other
22    crime, who has fled from justice and is found in this  State,
23    and  (f) conduct such other investigations as may be provided
24    by law. Persons exercising these powers within the Department
25    are conservators of the peace and as such have all the powers
26    possessed by policemen in cities and  sheriffs,  except  that
27    they  may  exercise  such  powers  anywhere  in  the State in
28    cooperation  with  and  after  contact  with  the  local  law
29    enforcement  officials.  Such  persons  may  use   false   or
30    fictitious  names  in  the  performance of their duties under
31    this paragraph, upon approval of the Director, and shall  not
32    be  subject  to  prosecution under the criminal laws for such
33    use.
34        5.  To: (a) be a  central  repository  and  custodian  of
 
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 1    criminal   statistics   for  the  State,  (b)  be  a  central
 2    repository  for  criminal  history  record  information,  (c)
 3    procure and file for record such information as is  necessary
 4    and  helpful  to  plan  programs  of  crime  prevention,  law
 5    enforcement  and  criminal  justice, (d) procure and file for
 6    record such copies of fingerprints, as  may  be  required  by
 7    law,  (e) establish general and field crime laboratories, (f)
 8    register and file for  record  such  information  as  may  be
 9    required   by   law  for  the  issuance  of  firearm  owner's
10    identification  cards,  (g)   employ   polygraph   operators,
11    laboratory  technicians and other specially qualified persons
12    to aid in the identification of criminal  activity,  and  (h)
13    undertake such other identification, information, laboratory,
14    statistical  or registration activities as may be required by
15    law.
16        6.  To  (a)  acquire  and  operate  one  or  more   radio
17    broadcasting  stations  in  the  State  to be used for police
18    purposes, (b) operate a statewide communications  network  to
19    gather   and  disseminate  information  for  law  enforcement
20    agencies, (c)  operate  an  electronic  data  processing  and
21    computer  center  for  the  storage  and  retrieval  of  data
22    pertaining to criminal activity, and (d) undertake such other
23    communication activities as may be required by law.
24        7.  To  provide, as may be required by law, assistance to
25    local  law  enforcement  agencies   through   (a)   training,
26    management  and consultant services for local law enforcement
27    agencies, and (b) the pursuit of research and the publication
28    of studies pertaining to local law enforcement activities.
29        8.  To exercise the rights, powers and duties which  have
30    been  vested  in  the  Department  of  State  Police  and the
31    Director of the Department of State Police  by  the  Narcotic
32    Control Division Abolition Act.
33        9.  To  exercise the rights, powers and duties which have
34    been vested  in  the  Department  of  Public  Safety  by  the
 
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 1    Illinois Vehicle Code.
 2        10.  To exercise the rights, powers and duties which have
 3    been vested in the Department of Public Safety by the Firearm
 4    Owners Identification Card Act.
 5        11.  To   enforce  and  administer  such  other  laws  in
 6    relation  to  law  enforcement  as  may  be  vested  in   the
 7    Department.
 8        12.  To  transfer  jurisdiction  of  any  realty title to
 9    which is held by the State of Illinois under the  control  of
10    the   Department   to  any  other  department  of  the  State
11    government or to the State Employees Housing  Commission,  or
12    to  acquire  or  accept  Federal  land,  when  such transfer,
13    acquisition or acceptance is advantageous to the State and is
14    approved in writing by the Governor.
15        13.  With the written approval of the Governor, to  enter
16    into  agreements  with other departments created by this Act,
17    for the furlough of inmates of the penitentiary to such other
18    departments  for  their  use  in  research   programs   being
19    conducted by them.
20        For   the  purpose  of  participating  in  such  research
21    projects,  the  Department  may  extend  the  limits  of  any
22    inmate's place of confinement, when there is reasonable cause
23    to believe that the inmate will honor his  or  her  trust  by
24    authorizing the inmate, under prescribed conditions, to leave
25    the  confines of the place unaccompanied by a custodial agent
26    of the Department. The Department shall make rules  governing
27    the transfer of the inmate to the requesting other department
28    having  the approved research project, and the return of such
29    inmate to the unextended confines of the  penitentiary.  Such
30    transfer shall be made only with the consent of the inmate.
31        The  willful  failure  of a prisoner to remain within the
32    extended limits of his or her confinement or to return within
33    the time or manner prescribed to  the  place  of  confinement
34    designated by the Department in granting such extension shall
 
SB745 Engrossed             -208-              LRB9101253EGfg
 1    be  deemed  an  escape  from  custody  of  the Department and
 2    punishable as provided in Section 3-6-4 of the  Unified  Code
 3    of Corrections.
 4        14.  To  provide  investigative services, with all of the
 5    powers possessed by policemen in cities and sheriffs, in  and
 6    around  all  race  tracks  subject to the Horse Racing Act of
 7    1975.
 8        15.  To expend such sums as the Director deems  necessary
 9    from  Contractual Services appropriations for the Division of
10    Criminal Investigation for the purchase of evidence  and  for
11    the employment of persons to obtain evidence. Such sums shall
12    be  advanced  to  agents authorized by the Director to expend
13    funds, on vouchers signed by the Director.
14        16.  To  assist  victims  and  witnesses  in  gang  crime
15    prosecutions through the administration of funds appropriated
16    from the Gang Violence Victims  and  Witnesses  Fund  to  the
17    Department.    Such   funds  shall  be  appropriated  to  the
18    Department and shall only  be  used  to  assist  victims  and
19    witnesses  in gang crime prosecutions and such assistance may
20    include any of the following:
21             (a)  temporary living costs;
22             (b)  moving expenses;
23             (c)  closing costs on the sale of private residence;
24             (d)  first month's rent;
25             (e)  security deposits;
26             (f)  apartment location assistance;
27             (g)  other expenses which the  Department  considers
28        appropriate; and
29             (h)  compensation  for any loss of or injury to real
30        or personal property resulting from a  gang  crime  to  a
31        maximum of $5,000, subject to the following provisions:
32                  (1)  in  the  case  of  loss  of  property, the
33             amount of compensation  shall  be  measured  by  the
34             replacement  cost  of similar or like property which
 
SB745 Engrossed             -209-              LRB9101253EGfg
 1             has been incurred by and which is  substantiated  by
 2             the property owner,
 3                  (2)  in  the  case  of  injury to property, the
 4             amount of compensation shall be measured by the cost
 5             of repair incurred and which can be substantiated by
 6             the property owner,
 7                  (3)  compensation under  this  provision  is  a
 8             secondary   source  of  compensation  and  shall  be
 9             reduced by any amount the  property  owner  receives
10             from  any  other source as compensation for the loss
11             or injury, including, but not limited  to,  personal
12             insurance coverage,
13                  (4)  no  compensation  may  be  awarded  if the
14             property owner was an offender or an  accomplice  of
15             the offender, or if the award would unjustly benefit
16             the  offender  or offenders, or an accomplice of the
17             offender or offenders.
18        No victim or witness may receive such assistance if he or
19    she is not a part of or  fails  to  fully  cooperate  in  the
20    prosecution   of   gang  crime  members  by  law  enforcement
21    authorities.
22        The Department shall promulgate any rules  necessary  for
23    the implementation of this amendatory Act of 1985.
24        17.  To conduct arson investigations.
25        18.  To  develop  a separate statewide statistical police
26    contact record keeping  system  for  the  study  of  juvenile
27    delinquency.  The records of this police contact system shall
28    be  limited  to  statistical  information.   No  individually
29    identifiable information shall be maintained  in  the  police
30    contact statistical record system.
31        19.  To develop a separate statewide central adjudicatory
32    and  dispositional  records system for persons under 19 years
33    of age who have been adjudicated  delinquent  minors  and  to
34    make  information available to local registered participating
 
SB745 Engrossed             -210-              LRB9101253EGfg
 1    police youth officers so that police youth officers  will  be
 2    able to obtain rapid access to the juvenile's background from
 3    other jurisdictions to the end that the police youth officers
 4    can  make  appropriate dispositions which will best serve the
 5    interest  of  the  child  and  the  community.    Information
 6    maintained  in  the  adjudicatory  and  dispositional  record
 7    system  shall  be  limited  to  the incidents or offenses for
 8    which the minor was adjudicated delinquent by a court, and  a
 9    copy  of  the  court's dispositional order.  All individually
10    identifiable records in the  adjudicatory  and  dispositional
11    records  system shall be destroyed when the person reaches 19
12    years of age.
13        20.  To develop rules which guarantee the confidentiality
14    of   such   individually   identifiable   adjudicatory    and
15    dispositional records except when used for the following:
16             (a)  by  authorized  juvenile court personnel or the
17        State's Attorney in connection with proceedings under the
18        Juvenile Court Act of 1987; or
19             (b)  inquiries   from   registered   police    youth
20        officers.
21        For the purposes of this Act "police youth officer" means
22    a  member  of  a  duly  organized  State, county or municipal
23    police force who is assigned by his  or  her  Superintendent,
24    Sheriff or chief of police, as the case may be, to specialize
25    in youth problems.
26        21.  To  develop  administrative rules and administrative
27    hearing procedures which allow a minor, his or her  attorney,
28    and  his  or  her  parents or guardian access to individually
29    identifiable adjudicatory and dispositional records  for  the
30    purpose  of  determining  or  challenging the accuracy of the
31    records. Final administrative decisions shall be  subject  to
32    the provisions of the Administrative Review Law.
33        22.  To  charge,  collect,  and  receive  fees  or moneys
34    equivalent to the  cost  of  providing  Department  of  State
 
SB745 Engrossed             -211-              LRB9101253EGfg
 1    Police   personnel,   equipment,   and   services   to  local
 2    governmental agencies when explicitly requested  by  a  local
 3    governmental  agency  and  pursuant  to  an intergovernmental
 4    agreement as provided by this Section, other State  agencies,
 5    and  federal  agencies,  including but not limited to fees or
 6    moneys  equivalent  to  the  cost  of  providing  dispatching
 7    services, radio and  radar  repair,  and  training  to  local
 8    governmental  agencies on such terms and conditions as in the
 9    judgment of the Director are in  the  best  interest  of  the
10    State;  and to establish, charge, collect and receive fees or
11    moneys based on the cost of providing responses  to  requests
12    for  criminal history record information pursuant to positive
13    identification and any Illinois or  federal  law  authorizing
14    access  to  some  aspect of such information and to prescribe
15    the form  and  manner  for  requesting  and  furnishing  such
16    information  to the requestor on such terms and conditions as
17    in the judgment of the Director are in the best  interest  of
18    the  State,  provided  fees  for  requesting  and  furnishing
19    criminal   history  record  information  may  be  waived  for
20    requests in the due administration of the criminal laws.  The
21    Department  may  also  charge,  collect  and  receive fees or
22    moneys equivalent to the cost of  providing  electronic  data
23    processing  lines  or  related  telecommunication services to
24    local  governments,  but  only  when  such  services  can  be
25    provided  by  the  Department  at  a  cost  less  than   that
26    experienced  by  said  local governments through other means.
27    All services provided by the Department  shall  be  conducted
28    pursuant    to    contracts    in    accordance    with   the
29    Intergovernmental Cooperation Act, and all  telecommunication
30    services  shall  be  provided  pursuant  to the provisions of
31    Section 67.18 of this Code.
32        All fees received by the Department of State Police under
33    this Act or the Illinois Uniform Conviction  Information  Act
34    shall be deposited in a special fund in the State Treasury to
 
SB745 Engrossed             -212-              LRB9101253EGfg
 1    be  known  as  the  State  Police  Services  Fund.  The money
 2    deposited  in  the  State  Police  Services  Fund  shall   be
 3    appropriated  to  the Department of State Police for expenses
 4    of the Department of State Police.
 5        Upon the completion of any audit  of  the  Department  of
 6    State  Police  as  prescribed  by the Illinois State Auditing
 7    Act, which audit  includes  an  audit  of  the  State  Police
 8    Services  Fund, the Department of State Police shall make the
 9    audit open to inspection by any interested person.
10        23.  To exercise the powers and perform the duties  which
11    have  been  vested  in  the Department of State Police by the
12    Intergovernmental Missing Child Recovery Act of 1984, and  to
13    establish   reasonable  rules  and  regulations  necessitated
14    thereby.
15        24. (a)  To  establish  and  maintain  a  statewide   Law
16    Enforcement  Agencies  Data System (LEADS) for the purpose of
17    providing  electronic  access  by  authorized   entities   to
18    criminal justice data repositories and effecting an immediate
19    law  enforcement  response  to  reports  of  missing persons,
20    including lost, missing or runaway  minors.   The  Department
21    shall implement an automatic data exchange system to compile,
22    to  maintain  and  to make available to other law enforcement
23    agencies for immediate dissemination data  which  can  assist
24    appropriate   agencies  in  recovering  missing  persons  and
25    provide  access  by  authorized  entities  to  various   data
26    repositories available through LEADS for criminal justice and
27    related  purposes.   To assist the Department in this effort,
28    funds may be appropriated from the LEADS Maintenance Fund.
29        (b)  In exercising its duties under this subsection,  the
30    Department shall:
31             (1)  provide  a  uniform  reporting  format  for the
32        entry of pertinent information regarding the report of  a
33        missing person into LEADS;
34             (2)  develop   and  implement  a  policy  whereby  a
 
SB745 Engrossed             -213-              LRB9101253EGfg
 1        statewide or regional alert would be used  in  situations
 2        relating  to  the disappearances of individuals, based on
 3        criteria and in a format established by  the  Department.
 4        Such  a  format shall include, but not be limited to, the
 5        age of the missing person and the suspected  circumstance
 6        of the disappearance;
 7             (3)  notify   all   law  enforcement  agencies  that
 8        reports of missing persons shall be entered  as  soon  as
 9        the  minimum level of data specified by the Department is
10        available to the reporting agency, and  that  no  waiting
11        period for the entry of such data exists;
12             (4)  compile  and retain information regarding lost,
13        abducted, missing or runaway minors in  a  separate  data
14        file, in a manner that allows such information to be used
15        by  law enforcement and other agencies deemed appropriate
16        by  the  Director,  for  investigative  purposes.    Such
17        information shall include the disposition of all reported
18        lost, abducted, missing or runaway minor cases;
19             (5)  compile   and   maintain   an   historic   data
20        repository relating to lost, abducted, missing or runaway
21        minors  and other missing persons in order to develop and
22        improve techniques utilized by law  enforcement  agencies
23        when responding to reports of missing persons; and
24             (6)  create  a  quality  control  program  regarding
25        confirmation   of  missing  person  data,  timeliness  of
26        entries  of  missing  person  reports  into   LEADS   and
27        performance audits of all entering agencies.
28        25.  On   request   of   a   school   board  or  regional
29    superintendent of schools, to conduct an inquiry pursuant  to
30    Section 10-21.9 or 34-18.5 of the School Code to ascertain if
31    an  applicant  for  employment  in a school district has been
32    convicted of any criminal  or  drug  offenses  enumerated  in
33    Section   10-21.9   or  34-18.5  of  the  School  Code.   The
34    Department shall furnish such conviction information  to  the
 
SB745 Engrossed             -214-              LRB9101253EGfg
 1    President  of  the  school board of the school district which
 2    has requested the information,  or  if  the  information  was
 3    requested  by  the  regional  superintendent to that regional
 4    superintendent.
 5        26.  To promulgate rules and  regulations  necessary  for
 6    the  administration and enforcement of its powers and duties,
 7    wherever  granted  and  imposed,  pursuant  to  the  Illinois
 8    Administrative Procedure Act.
 9        27.  To  (a)   promulgate   rules   pertaining   to   the
10    certification,  revocation  of  certification and training of
11    law enforcement officers as electronic criminal  surveillance
12    officers,  (b)  provide  training and technical assistance to
13    State's  Attorneys  and  local   law   enforcement   agencies
14    pertaining    to    the    interception   of   private   oral
15    communications,  (c)  promulgate  rules  necessary  for   the
16    administration  of  Article  108B  of  the  Code  of Criminal
17    Procedure of 1963, including but not limited to standards for
18    recording   and   minimization   of    electronic    criminal
19    surveillance   intercepts,   documentation   required  to  be
20    maintained during an intercept,  procedures  in  relation  to
21    evidence   developed  by  an  intercept,  and  (d)  charge  a
22    reasonable fee to each  law  enforcement  agency  that  sends
23    officers   to   receive   training   as  electronic  criminal
24    surveillance officers.
25        28.  Upon the request of any private  organization  which
26    devotes  a  major  portion  of  its  time to the provision of
27    recreational, social, educational or child safety services to
28    children, to conduct, pursuant  to  positive  identification,
29    criminal   background   investigations   of   all   of   that
30    organization's   current   employees,   current   volunteers,
31    prospective  employees or prospective volunteers charged with
32    the care and custody of children during the provision of  the
33    organization's  services,  and  to  report  to the requesting
34    organization any record  of  convictions  maintained  in  the
 
SB745 Engrossed             -215-              LRB9101253EGfg
 1    Department's  files about such persons.  The Department shall
 2    charge an application fee, based on  actual  costs,  for  the
 3    dissemination  of  conviction  information  pursuant  to this
 4    subsection.  The Department is empowered  to  establish  this
 5    fee  and  shall  prescribe the form and manner for requesting
 6    and  furnishing  conviction  information  pursuant  to   this
 7    subsection. Information received by the organization from the
 8    Department concerning an individual shall be provided to such
 9    individual.    Any   such   information   obtained   by   the
10    organization shall be confidential and may not be transmitted
11    outside the organization and may not be transmitted to anyone
12    within  the  organization except as needed for the purpose of
13    evaluating the individual.  Only  information  and  standards
14    which   bear  a  reasonable  and  rational  relation  to  the
15    performance of child care shall be used by the  organization.
16    Any  employee  of  the  Department or any member, employee or
17    volunteer  of   the   organization   receiving   confidential
18    information  under  this subsection who gives or causes to be
19    given any confidential information  concerning  any  criminal
20    convictions  of  an  individual  shall be guilty of a Class A
21    misdemeanor unless release of such information is  authorized
22    by this subsection.
23        29.  Upon  the  request of the Department of Children and
24    Family Services, to investigate reports  of  child  abuse  or
25    neglect.
26        30.  To  obtain registration of a fictitious vital record
27    pursuant to Section 15.1 of the Vital Records Act.
28        31.  To collect and disseminate information  relating  to
29    "hate crimes" as defined under Section 12-7.1 of the Criminal
30    Code  of  1961  contingent  upon the availability of State or
31    Federal funds to revise  and  upgrade  the  Illinois  Uniform
32    Crime  Reporting  System.  All law enforcement agencies shall
33    report monthly to the Department of State  Police  concerning
34    such  offenses  in  such  form  and  in such manner as may be
 
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 1    prescribed by rules and regulations adopted by the Department
 2    of State Police.  Such information shall be compiled  by  the
 3    Department  and be disseminated upon request to any local law
 4    enforcement  agency,  unit  of  local  government,  or  state
 5    agency.  Dissemination of such information shall  be  subject
 6    to all confidentiality requirements otherwise imposed by law.
 7    The  Department  of  State  Police shall provide training for
 8    State Police officers  in  identifying,  responding  to,  and
 9    reporting  all  hate  crimes. The Illinois Local Governmental
10    Law Enforcement  Officer's  Training  Standards  Board  shall
11    develop  and  certify  a  course  of such training to be made
12    available to local law enforcement officers.
13        32.  Upon the request of a private carrier  company  that
14    provides transportation under Section 28b of the Metropolitan
15    Transit  Authority  Act,  to  ascertain if an applicant for a
16    driver position has been convicted of any  criminal  or  drug
17    offense enumerated in Section 28b of the Metropolitan Transit
18    Authority  Act.   The Department shall furnish the conviction
19    information to the private carrier company that requested the
20    information.
21        33.  To apply for grants or contracts,  receive,  expend,
22    allocate,  or  disburse  funds  and  moneys made available by
23    public or private entities, including, but  not  limited  to,
24    contracts,  bequests,  grants,  or  receiving  equipment from
25    corporations, foundations, or public or private  institutions
26    of  higher  learning.   All  funds received by the Department
27    from these sources shall be deposited  into  the  appropriate
28    fund  in  the  State  Treasury  to  be  appropriated  to  the
29    Department  for  purposes  as  indicated  by  the  grantor or
30    contractor or, in the case of funds or moneys  bequeathed  or
31    granted  for  no  specific purpose, for any purpose as deemed
32    appropriate   by   the   Director   in   administering    the
33    responsibilities of the Department.
34        34.  Upon  the  request of the Department of Children and
 
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 1    Family Services, the Department of State Police shall provide
 2    properly designated employees of the Department  of  Children
 3    and  Family Services with criminal history record information
 4    as defined in the Illinois Uniform Conviction Information Act
 5    and  information   maintained   in   the   adjudicatory   and
 6    dispositional  record  system as defined in subdivision (A)19
 7    of this Section if the  Department  of  Children  and  Family
 8    Services  determines  the information is necessary to perform
 9    its duties under the Abused  and  Neglected  Child  Reporting
10    Act,  the Child Care Act of 1969, and the Children and Family
11    Services Act.  The request shall be in the  form  and  manner
12    specified by the Department of State Police.
13        35.  The   Illinois   Department  of  Public  Aid  is  an
14    authorized entity under  this  Section  for  the  purpose  of
15    obtaining  access  to  various  data  repositories  available
16    through  LEADS, to facilitate the location of individuals for
17    establishing  paternity,  and  establishing,  modifying,  and
18    enforcing child support obligations, pursuant to the Illinois
19    Public Aid Code and Title IV, Part D of the  Social  Security
20    Act.   The  Department shall enter into an agreement with the
21    Illinois Department  of  Public  Aid  consistent  with  these
22    purposes.
23        36.  Upon request of the Department of Human Services, to
24    conduct  an  assessment  and  evaluation  of sexually violent
25    persons  as  mandated  by  the   Sexually   Violent   Persons
26    Commitment Act, the Department shall furnish criminal history
27    information  maintained on the requested person.  The request
28    shall be in the form and manner specified by the Department.
29        (B)  The Department of State  Police  may  establish  and
30    maintain,  within the Department of State Police, a Statewide
31    Organized Criminal Gang Database (SWORD) for the  purpose  of
32    tracking  organized  criminal  gangs  and  their memberships.
33    Information in the database may include, but not  be  limited
34    to,  the  name,  last  known  address,  birth  date, physical
 
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 1    descriptions (such as  scars,  marks,  or  tattoos),  officer
 2    safety  information, organized gang affiliation, and entering
 3    agency  identifier.    The   Department   may   develop,   in
 4    consultation with the Criminal Justice Information Authority,
 5    and  in  a  form  and manner prescribed by the Department, an
 6    automated data exchange system to compile, to  maintain,  and
 7    to   make   this   information  electronically  available  to
 8    prosecutors and  to  other  law  enforcement  agencies.   The
 9    information  may be used by authorized agencies to combat the
10    operations of organized criminal gangs statewide.
11        (C)  The Department of State  Police  may  ascertain  the
12    number  of  bilingual  police  officers  and  other personnel
13    needed to provide services in a language other  than  English
14    and  may  establish,  under  applicable  personnel  rules and
15    Department guidelines  or  through  a  collective  bargaining
16    agreement, a bilingual pay supplement program.
17    (Source:  P.A.  89-54,  eff.  6-30-95;  90-18,  eff.  7-1-97;
18    90-130,  eff.  1-1-98;  90-372,  eff.  7-1-98;  90-655,  eff.
19    7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.)

20        (Text of Section after amendment by P.A. 90-590)
21        Sec. 55a. Powers and duties.
22        (A)  The  Department  of  State  Police  shall  have  the
23    following  powers and duties, and those set forth in Sections
24    55a-1 through 55c:
25        1.  To exercise the rights, powers and duties which  have
26    been  vested  in the Department of Public Safety by the State
27    Police Act.
28        2.  To exercise the rights, powers and duties which  have
29    been  vested  in the Department of Public Safety by the State
30    Police Radio Act.
31        3.  To exercise the rights, powers and duties which  have
32    been  vested  in  the  Department  of  Public  Safety  by the
33    Criminal Identification Act.
34        4.  To (a) investigate the origins, activities, personnel
 
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 1    and incidents of crime and the ways and means to redress  the
 2    victims   of  crimes,  and  study  the  impact,  if  any,  of
 3    legislation relative to the effusion  of  crime  and  growing
 4    crime  rates,  and  enforce  the  criminal laws of this State
 5    related  thereto,  (b)  enforce  all  laws   regulating   the
 6    production,  sale, prescribing, manufacturing, administering,
 7    transporting, having in possession,  dispensing,  delivering,
 8    distributing,  or  use of controlled substances and cannabis,
 9    (c)  employ   skilled   experts,   scientists,   technicians,
10    investigators or otherwise specially qualified persons to aid
11    in  preventing or detecting crime, apprehending criminals, or
12    preparing  and  presenting  evidence  of  violations  of  the
13    criminal laws of the State, (d) cooperate with the police  of
14    cities,  villages and incorporated towns, and with the police
15    officers of any county, in enforcing the laws  of  the  State
16    and  in making arrests and recovering property, (e) apprehend
17    and deliver up any person charged in this State or any  other
18    State  of  the  United  States with treason, felony, or other
19    crime, who has fled from justice and is found in this  State,
20    and  (f) conduct such other investigations as may be provided
21    by law. Persons exercising these powers within the Department
22    are conservators of the peace and as such have all the powers
23    possessed by policemen in cities and  sheriffs,  except  that
24    they  may  exercise  such  powers  anywhere  in  the State in
25    cooperation  with  and  after  contact  with  the  local  law
26    enforcement  officials.  Such  persons  may  use   false   or
27    fictitious  names  in  the  performance of their duties under
28    this paragraph, upon approval of the Director, and shall  not
29    be  subject  to  prosecution under the criminal laws for such
30    use.
31        5.  To: (a) be a  central  repository  and  custodian  of
32    criminal   statistics   for  the  State,  (b)  be  a  central
33    repository  for  criminal  history  record  information,  (c)
34    procure and file for record such information as is  necessary
 
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 1    and  helpful  to  plan  programs  of  crime  prevention,  law
 2    enforcement  and  criminal  justice, (d) procure and file for
 3    record such copies of fingerprints, as  may  be  required  by
 4    law,  (e) establish general and field crime laboratories, (f)
 5    register and file for  record  such  information  as  may  be
 6    required   by   law  for  the  issuance  of  firearm  owner's
 7    identification  cards,  (g)   employ   polygraph   operators,
 8    laboratory  technicians and other specially qualified persons
 9    to aid in the identification of criminal  activity,  and  (h)
10    undertake such other identification, information, laboratory,
11    statistical  or registration activities as may be required by
12    law.
13        6.  To  (a)  acquire  and  operate  one  or  more   radio
14    broadcasting  stations  in  the  State  to be used for police
15    purposes, (b) operate a statewide communications  network  to
16    gather   and  disseminate  information  for  law  enforcement
17    agencies, (c)  operate  an  electronic  data  processing  and
18    computer  center  for  the  storage  and  retrieval  of  data
19    pertaining to criminal activity, and (d) undertake such other
20    communication activities as may be required by law.
21        7.  To  provide, as may be required by law, assistance to
22    local  law  enforcement  agencies   through   (a)   training,
23    management  and consultant services for local law enforcement
24    agencies, and (b) the pursuit of research and the publication
25    of studies pertaining to local law enforcement activities.
26        8.  To exercise the rights, powers and duties which  have
27    been  vested  in  the  Department  of  State  Police  and the
28    Director of the Department of State Police  by  the  Narcotic
29    Control Division Abolition Act.
30        9.  To  exercise the rights, powers and duties which have
31    been vested  in  the  Department  of  Public  Safety  by  the
32    Illinois Vehicle Code.
33        10.  To exercise the rights, powers and duties which have
34    been vested in the Department of Public Safety by the Firearm
 
SB745 Engrossed             -221-              LRB9101253EGfg
 1    Owners Identification Card Act.
 2        11.  To   enforce  and  administer  such  other  laws  in
 3    relation  to  law  enforcement  as  may  be  vested  in   the
 4    Department.
 5        12.  To  transfer  jurisdiction  of  any  realty title to
 6    which is held by the State of Illinois under the  control  of
 7    the   Department   to  any  other  department  of  the  State
 8    government or to the State Employees Housing  Commission,  or
 9    to  acquire  or  accept  Federal  land,  when  such transfer,
10    acquisition or acceptance is advantageous to the State and is
11    approved in writing by the Governor.
12        13.  With the written approval of the Governor, to  enter
13    into  agreements  with other departments created by this Act,
14    for the furlough of inmates of the penitentiary to such other
15    departments  for  their  use  in  research   programs   being
16    conducted by them.
17        For   the  purpose  of  participating  in  such  research
18    projects,  the  Department  may  extend  the  limits  of  any
19    inmate's place of confinement, when there is reasonable cause
20    to believe that the inmate will honor his  or  her  trust  by
21    authorizing the inmate, under prescribed conditions, to leave
22    the  confines of the place unaccompanied by a custodial agent
23    of the Department. The Department shall make rules  governing
24    the transfer of the inmate to the requesting other department
25    having  the approved research project, and the return of such
26    inmate to the unextended confines of the  penitentiary.  Such
27    transfer shall be made only with the consent of the inmate.
28        The  willful  failure  of a prisoner to remain within the
29    extended limits of his or her confinement or to return within
30    the time or manner prescribed to  the  place  of  confinement
31    designated by the Department in granting such extension shall
32    be  deemed  an  escape  from  custody  of  the Department and
33    punishable as provided in Section 3-6-4 of the  Unified  Code
34    of Corrections.
 
SB745 Engrossed             -222-              LRB9101253EGfg
 1        14.  To  provide  investigative services, with all of the
 2    powers possessed by policemen in cities and sheriffs, in  and
 3    around  all  race  tracks  subject to the Horse Racing Act of
 4    1975.
 5        15.  To expend such sums as the Director deems  necessary
 6    from  Contractual Services appropriations for the Division of
 7    Criminal Investigation for the purchase of evidence  and  for
 8    the employment of persons to obtain evidence. Such sums shall
 9    be  advanced  to  agents authorized by the Director to expend
10    funds, on vouchers signed by the Director.
11        16.  To  assist  victims  and  witnesses  in  gang  crime
12    prosecutions through the administration of funds appropriated
13    from the Gang Violence Victims  and  Witnesses  Fund  to  the
14    Department.    Such   funds  shall  be  appropriated  to  the
15    Department and shall only  be  used  to  assist  victims  and
16    witnesses  in gang crime prosecutions and such assistance may
17    include any of the following:
18             (a)  temporary living costs;
19             (b)  moving expenses;
20             (c)  closing costs on the sale of private residence;
21             (d)  first month's rent;
22             (e)  security deposits;
23             (f)  apartment location assistance;
24             (g)  other expenses which the  Department  considers
25        appropriate; and
26             (h)  compensation  for any loss of or injury to real
27        or personal property resulting from a  gang  crime  to  a
28        maximum of $5,000, subject to the following provisions:
29                  (1)  in  the  case  of  loss  of  property, the
30             amount of compensation  shall  be  measured  by  the
31             replacement  cost  of similar or like property which
32             has been incurred by and which is  substantiated  by
33             the property owner,
34                  (2)  in  the  case  of  injury to property, the
 
SB745 Engrossed             -223-              LRB9101253EGfg
 1             amount of compensation shall be measured by the cost
 2             of repair incurred and which can be substantiated by
 3             the property owner,
 4                  (3)  compensation under  this  provision  is  a
 5             secondary   source  of  compensation  and  shall  be
 6             reduced by any amount the  property  owner  receives
 7             from  any  other source as compensation for the loss
 8             or injury, including, but not limited  to,  personal
 9             insurance coverage,
10                  (4)  no  compensation  may  be  awarded  if the
11             property owner was an offender or an  accomplice  of
12             the offender, or if the award would unjustly benefit
13             the  offender  or offenders, or an accomplice of the
14             offender or offenders.
15        No victim or witness may receive such assistance if he or
16    she is not a part of or  fails  to  fully  cooperate  in  the
17    prosecution   of   gang  crime  members  by  law  enforcement
18    authorities.
19        The Department shall promulgate any rules  necessary  for
20    the implementation of this amendatory Act of 1985.
21        17.  To conduct arson investigations.
22        18.  To  develop  a separate statewide statistical police
23    contact record keeping  system  for  the  study  of  juvenile
24    delinquency.  The records of this police contact system shall
25    be  limited  to  statistical  information.   No  individually
26    identifiable information shall be maintained  in  the  police
27    contact statistical record system.
28        19.  To  develop  a  separate  statewide central juvenile
29    records system for persons arrested prior to the  age  of  17
30    under  Section  5-401  of  the  Juvenile Court Act of 1987 or
31    adjudicated  delinquent  minors  and  to   make   information
32    available  to  local  law  enforcement  officers  so that law
33    enforcement officers will be able to obtain rapid  access  to
34    the  background  of the minor from other jurisdictions to the
 
SB745 Engrossed             -224-              LRB9101253EGfg
 1    end that the juvenile police officers  can  make  appropriate
 2    decisions which will best serve the interest of the child and
 3    the  community.    The  Department  shall  submit a quarterly
 4    report to the  General  Assembly  and  Governor  which  shall
 5    contain  the  number  of juvenile records that the Department
 6    has received in that quarter and, a  list,  by  category,  of
 7    offenses  that  minors  were  arrested for or convicted of by
 8    age, race and gender.
 9        20.  To develop rules which guarantee the confidentiality
10    of such individually identifiable juvenile records except  to
11    juvenile  authorities  who request information concerning the
12    minor and who certify in writing that  the  information  will
13    not  be disclosed to any other party except as provided under
14    law or  order  of  court.   For  purposes  of  this  Section,
15    "juvenile  authorities"  means:  (i)  a  judge of the circuit
16    court and members of the staff of the court designated by the
17    judge; (ii) parties to the  proceedings  under  the  Juvenile
18    Court  Act  of  1987  and  their  attorneys;  (iii) probation
19    officers and  court  appointed  advocates  for  the  juvenile
20    authorized by the judge hearing the case; (iv) any individual
21    or,  public  or of private agency having custody of the child
22    pursuant to court order; (v) any  individual  or,  public  or
23    private  agency providing education, medical or mental health
24    service to the child when the requested information is needed
25    to determine the appropriate service  or  treatment  for  the
26    minor;  (vi)  any  potential  placement  provider  when  such
27    release is authorized by the court for the limited purpose of
28    determining  the  appropriateness of the potential placement;
29    (vii) law enforcement officers and prosecutors; (viii)  adult
30    and juvenile prisoner review boards; (ix) authorized military
31    personnel;  (x)  individuals  authorized  by  court; (xi) the
32    Illinois General Assembly  or  any  committee  or  commission
33    thereof.
34        21.  To  develop  administrative rules and administrative
 
SB745 Engrossed             -225-              LRB9101253EGfg
 1    hearing procedures which allow a minor, his or her  attorney,
 2    and  his  or  her  parents or guardian access to individually
 3    identifiable juvenile records for the purpose of  determining
 4    or   challenging   the   accuracy   of  the  records.   Final
 5    administrative decisions shall be subject to  the  provisions
 6    of the Administrative Review Law.
 7        22.  To  charge,  collect,  and  receive  fees  or moneys
 8    equivalent to the  cost  of  providing  Department  of  State
 9    Police   personnel,   equipment,   and   services   to  local
10    governmental agencies when explicitly requested  by  a  local
11    governmental  agency  and  pursuant  to  an intergovernmental
12    agreement as provided by this Section, other State  agencies,
13    and  federal  agencies,  including but not limited to fees or
14    moneys  equivalent  to  the  cost  of  providing  dispatching
15    services, radio and  radar  repair,  and  training  to  local
16    governmental  agencies on such terms and conditions as in the
17    judgment of the Director are in  the  best  interest  of  the
18    State;  and to establish, charge, collect and receive fees or
19    moneys based on the cost of providing responses  to  requests
20    for  criminal history record information pursuant to positive
21    identification and any Illinois or  federal  law  authorizing
22    access  to  some  aspect of such information and to prescribe
23    the form  and  manner  for  requesting  and  furnishing  such
24    information  to the requestor on such terms and conditions as
25    in the judgment of the Director are in the best  interest  of
26    the  State,  provided  fees  for  requesting  and  furnishing
27    criminal   history  record  information  may  be  waived  for
28    requests in the due administration of the criminal laws.  The
29    Department  may  also  charge,  collect  and  receive fees or
30    moneys equivalent to the cost of  providing  electronic  data
31    processing  lines  or  related  telecommunication services to
32    local  governments,  but  only  when  such  services  can  be
33    provided  by  the  Department  at  a  cost  less  than   that
34    experienced  by  said  local governments through other means.
 
SB745 Engrossed             -226-              LRB9101253EGfg
 1    All services provided by the Department  shall  be  conducted
 2    pursuant    to    contracts    in    accordance    with   the
 3    Intergovernmental Cooperation Act, and all  telecommunication
 4    services  shall  be  provided  pursuant  to the provisions of
 5    Section 67.18 of this Code.
 6        All fees received by the Department of State Police under
 7    this Act or the Illinois Uniform Conviction  Information  Act
 8    shall be deposited in a special fund in the State Treasury to
 9    be  known  as  the  State  Police  Services  Fund.  The money
10    deposited  in  the  State  Police  Services  Fund  shall   be
11    appropriated  to  the Department of State Police for expenses
12    of the Department of State Police.
13        Upon the completion of any audit  of  the  Department  of
14    State  Police  as  prescribed  by the Illinois State Auditing
15    Act, which audit  includes  an  audit  of  the  State  Police
16    Services  Fund, the Department of State Police shall make the
17    audit open to inspection by any interested person.
18        23.  To exercise the powers and perform the duties  which
19    have  been  vested  in  the Department of State Police by the
20    Intergovernmental Missing Child Recovery Act of 1984, and  to
21    establish   reasonable  rules  and  regulations  necessitated
22    thereby.
23        24. (a)  To  establish  and  maintain  a  statewide   Law
24    Enforcement  Agencies  Data System (LEADS) for the purpose of
25    providing  electronic  access  by  authorized   entities   to
26    criminal justice data repositories and effecting an immediate
27    law  enforcement  response  to  reports  of  missing persons,
28    including lost, missing or runaway  minors.   The  Department
29    shall implement an automatic data exchange system to compile,
30    to  maintain  and  to make available to other law enforcement
31    agencies for immediate dissemination data  which  can  assist
32    appropriate   agencies  in  recovering  missing  persons  and
33    provide  access  by  authorized  entities  to  various   data
34    repositories available through LEADS for criminal justice and
 
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 1    related  purposes.   To assist the Department in this effort,
 2    funds may be appropriated from the LEADS Maintenance Fund.
 3        (b)  In exercising its duties under this subsection,  the
 4    Department shall:
 5             (1)  provide  a  uniform  reporting  format  for the
 6        entry of pertinent information regarding the report of  a
 7        missing person into LEADS;
 8             (2)  develop   and  implement  a  policy  whereby  a
 9        statewide or regional alert would be used  in  situations
10        relating  to  the disappearances of individuals, based on
11        criteria and in a format established by  the  Department.
12        Such  a  format shall include, but not be limited to, the
13        age of the missing person and the suspected  circumstance
14        of the disappearance;
15             (3)  notify   all   law  enforcement  agencies  that
16        reports of missing persons shall be entered  as  soon  as
17        the  minimum level of data specified by the Department is
18        available to the reporting agency, and  that  no  waiting
19        period for the entry of such data exists;
20             (4)  compile  and retain information regarding lost,
21        abducted, missing or runaway minors in  a  separate  data
22        file, in a manner that allows such information to be used
23        by  law enforcement and other agencies deemed appropriate
24        by  the  Director,  for  investigative  purposes.    Such
25        information shall include the disposition of all reported
26        lost, abducted, missing or runaway minor cases;
27             (5)  compile   and   maintain   an   historic   data
28        repository relating to lost, abducted, missing or runaway
29        minors  and other missing persons in order to develop and
30        improve techniques utilized by law  enforcement  agencies
31        when responding to reports of missing persons; and
32             (6)  create  a  quality  control  program  regarding
33        confirmation   of  missing  person  data,  timeliness  of
34        entries  of  missing  person  reports  into   LEADS   and
 
SB745 Engrossed             -228-              LRB9101253EGfg
 1        performance audits of all entering agencies.
 2        25.  On   request   of   a   school   board  or  regional
 3    superintendent of schools, to conduct an inquiry pursuant  to
 4    Section 10-21.9 or 34-18.5 of the School Code to ascertain if
 5    an  applicant  for  employment  in a school district has been
 6    convicted of any criminal  or  drug  offenses  enumerated  in
 7    Section   10-21.9   or  34-18.5  of  the  School  Code.   The
 8    Department shall furnish such conviction information  to  the
 9    President  of  the  school board of the school district which
10    has requested the information,  or  if  the  information  was
11    requested  by  the  regional  superintendent to that regional
12    superintendent.
13        26.  To promulgate rules and  regulations  necessary  for
14    the  administration and enforcement of its powers and duties,
15    wherever  granted  and  imposed,  pursuant  to  the  Illinois
16    Administrative Procedure Act.
17        27.  To  (a)   promulgate   rules   pertaining   to   the
18    certification,  revocation  of  certification and training of
19    law enforcement officers as electronic criminal  surveillance
20    officers,  (b)  provide  training and technical assistance to
21    State's  Attorneys  and  local   law   enforcement   agencies
22    pertaining    to    the    interception   of   private   oral
23    communications,  (c)  promulgate  rules  necessary  for   the
24    administration  of  Article  108B  of  the  Code  of Criminal
25    Procedure of 1963, including but not limited to standards for
26    recording   and   minimization   of    electronic    criminal
27    surveillance   intercepts,   documentation   required  to  be
28    maintained during an intercept,  procedures  in  relation  to
29    evidence   developed  by  an  intercept,  and  (d)  charge  a
30    reasonable fee to each  law  enforcement  agency  that  sends
31    officers   to   receive   training   as  electronic  criminal
32    surveillance officers.
33        28.  Upon the request of any private  organization  which
34    devotes  a  major  portion  of  its  time to the provision of
 
SB745 Engrossed             -229-              LRB9101253EGfg
 1    recreational, social, educational or child safety services to
 2    children, to conduct, pursuant  to  positive  identification,
 3    criminal   background   investigations   of   all   of   that
 4    organization's   current   employees,   current   volunteers,
 5    prospective  employees or prospective volunteers charged with
 6    the care and custody of children during the provision of  the
 7    organization's  services,  and  to  report  to the requesting
 8    organization any record  of  convictions  maintained  in  the
 9    Department's  files about such persons.  The Department shall
10    charge an application fee, based on  actual  costs,  for  the
11    dissemination  of  conviction  information  pursuant  to this
12    subsection.  The Department is empowered  to  establish  this
13    fee  and  shall  prescribe the form and manner for requesting
14    and  furnishing  conviction  information  pursuant  to   this
15    subsection. Information received by the organization from the
16    Department concerning an individual shall be provided to such
17    individual.    Any   such   information   obtained   by   the
18    organization shall be confidential and may not be transmitted
19    outside the organization and may not be transmitted to anyone
20    within  the  organization except as needed for the purpose of
21    evaluating the individual.  Only  information  and  standards
22    which   bear  a  reasonable  and  rational  relation  to  the
23    performance of child care shall be used by the  organization.
24    Any  employee  of  the  Department or any member, employee or
25    volunteer  of   the   organization   receiving   confidential
26    information  under  this subsection who gives or causes to be
27    given any confidential information  concerning  any  criminal
28    convictions  of  an  individual  shall be guilty of a Class A
29    misdemeanor unless release of such information is  authorized
30    by this subsection.
31        29.  Upon  the  request of the Department of Children and
32    Family Services, to investigate reports  of  child  abuse  or
33    neglect.
34        30.  To  obtain registration of a fictitious vital record
 
SB745 Engrossed             -230-              LRB9101253EGfg
 1    pursuant to Section 15.1 of the Vital Records Act.
 2        31.  To collect and disseminate information  relating  to
 3    "hate crimes" as defined under Section 12-7.1 of the Criminal
 4    Code  of  1961  contingent  upon the availability of State or
 5    Federal funds to revise  and  upgrade  the  Illinois  Uniform
 6    Crime  Reporting  System.  All law enforcement agencies shall
 7    report monthly to the Department of State  Police  concerning
 8    such  offenses  in  such  form  and  in such manner as may be
 9    prescribed by rules and regulations adopted by the Department
10    of State Police.  Such information shall be compiled  by  the
11    Department  and be disseminated upon request to any local law
12    enforcement  agency,  unit  of  local  government,  or  state
13    agency.  Dissemination of such information shall  be  subject
14    to all confidentiality requirements otherwise imposed by law.
15    The  Department  of  State  Police shall provide training for
16    State Police officers  in  identifying,  responding  to,  and
17    reporting  all  hate  crimes.  The  Illinois  Law Enforcement
18    Training Standards Board shall develop and certify  a  course
19    of   such   training  to  be  made  available  to  local  law
20    enforcement officers.
21        32.  Upon the request of a private carrier  company  that
22    provides transportation under Section 28b of the Metropolitan
23    Transit  Authority  Act,  to  ascertain if an applicant for a
24    driver position has been convicted of any  criminal  or  drug
25    offense enumerated in Section 28b of the Metropolitan Transit
26    Authority  Act.   The Department shall furnish the conviction
27    information to the private carrier company that requested the
28    information.
29        33.  To apply for grants or contracts,  receive,  expend,
30    allocate,  or  disburse  funds  and  moneys made available by
31    public or private entities, including, but  not  limited  to,
32    contracts,  bequests,  grants,  or  receiving  equipment from
33    corporations, foundations, or public or private  institutions
34    of  higher  learning.   All  funds received by the Department
 
SB745 Engrossed             -231-              LRB9101253EGfg
 1    from these sources shall be deposited  into  the  appropriate
 2    fund  in  the  State  Treasury  to  be  appropriated  to  the
 3    Department  for  purposes  as  indicated  by  the  grantor or
 4    contractor or, in the case of funds or moneys  bequeathed  or
 5    granted  for  no  specific purpose, for any purpose as deemed
 6    appropriate   by   the   Director   in   administering    the
 7    responsibilities of the Department.
 8        34.  Upon  the  request of the Department of Children and
 9    Family Services, the Department of State Police shall provide
10    properly designated employees of the Department  of  Children
11    and  Family Services with criminal history record information
12    as defined in the Illinois Uniform Conviction Information Act
13    and information maintained in the Statewide Central  Juvenile
14    record system as defined in subdivision (A)19 of this Section
15    if  the Department of Children and Family Services determines
16    the information is necessary to perform its duties under  the
17    Abused  and Neglected Child Reporting Act, the Child Care Act
18    of 1969, and the  Children  and  Family  Services  Act.   The
19    request  shall  be  in  the  form and manner specified by the
20    Department of State Police.
21        35.  The  Illinois  Department  of  Public  Aid   is   an
22    authorized  entity  under  this  Section  for  the purpose of
23    exchanging information, in the form and  manner  required  by
24    the  Department  of State Police, obtaining access to various
25    data repositories available through LEADS, to facilitate  the
26    location  of  individuals  for  establishing  paternity,  and
27    establishing,   modifying,   and   enforcing   child  support
28    obligations, pursuant to the Illinois  Public  Aid  Code  and
29    Title  IV,  Part  Section  D of the Social Security Act.  The
30    Department shall enter into an agreement  with  the  Illinois
31    Department of Public Aid consistent with these purposes.
32        36.  Upon request of the Department of Human Services, to
33    conduct  an  assessment  and  evaluation  of sexually violent
34    persons  as  mandated  by  the   Sexually   Violent   Persons
 
SB745 Engrossed             -232-              LRB9101253EGfg
 1    Commitment Act, the Department shall furnish criminal history
 2    information  maintained on the requested person.  The request
 3    shall be in the form and manner specified by the Department.
 4        (B)  The Department of State  Police  may  establish  and
 5    maintain,  within the Department of State Police, a Statewide
 6    Organized Criminal Gang Database (SWORD) for the  purpose  of
 7    tracking  organized  criminal  gangs  and  their memberships.
 8    Information in the database may include, but not  be  limited
 9    to,  the  name,  last  known  address,  birth  date, physical
10    descriptions (such as  scars,  marks,  or  tattoos),  officer
11    safety  information, organized gang affiliation, and entering
12    agency  identifier.    The   Department   may   develop,   in
13    consultation with the Criminal Justice Information Authority,
14    and  in  a  form  and manner prescribed by the Department, an
15    automated data exchange system to compile, to  maintain,  and
16    to   make   this   information  electronically  available  to
17    prosecutors and  to  other  law  enforcement  agencies.   The
18    information  may be used by authorized agencies to combat the
19    operations of organized criminal gangs statewide.
20        (C)  The Department of State  Police  may  ascertain  the
21    number  of  bilingual  police  officers  and  other personnel
22    needed to provide services in a language other  than  English
23    and  may  establish,  under  applicable  personnel  rules and
24    Department guidelines  or  through  a  collective  bargaining
25    agreement, a bilingual pay supplement program.
26    (Source:  P.A.  89-54,  eff.  6-30-95;  90-18,  eff.  7-1-97;
27    90-130,  eff.  1-1-98;  90-372,  eff.  7-1-98;  90-590,  eff.
28    1-1-00;  90-655,  eff. 7-30-98; 90-793, eff. 8-14-98; revised
29    1-21-99.)

30        Section 37.  The State Police Act is amended by  changing
31    Section 17 as follows:

32        (20 ILCS 2610/17) (from Ch. 121, par. 307.17)
 
SB745 Engrossed             -233-              LRB9101253EGfg
 1        Sec.  17.  The Division shall purchase and furnish to the
 2    policemen appropriate uniforms  including  a  metal  star  or
 3    badge    bearing   the   words   "Illinois   State   Police",
 4    identification, and such vehicles and other equipment as  may
 5    be necessary.
 6    (Source: Laws 1967, p. 69; revised 1-30-99.)

 7        Section  38.   The Criminal Identification Act is amended
 8    by changing Section 5 as follows:

 9        (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
10        (Text of Section before amendment by P.A. 90-590)
11        Sec. 5. Arrest reports; expungement.
12        (a)  All policing bodies of this State shall  furnish  to
13    the  Department, daily, in the form and detail the Department
14    requires, fingerprints and descriptions of  all  persons  who
15    are  arrested  on  charges  of violating any penal statute of
16    this State for offenses that are classified as  felonies  and
17    Class  A  or  B  misdemeanors and of all minors who have been
18    arrested or taken into custody before their 17th birthday for
19    an offense that if committed by an adult would constitute the
20    offense of unlawful use of weapons under Article  24  of  the
21    Criminal  Code  of  1961,  a  forcible  felony  as defined in
22    Section 2-8 of the Criminal Code of 1961, or  a  Class  2  or
23    greater  felony  under the Cannabis Control Act, the Illinois
24    Controlled Substances Act,  or  Chapter  4  of  the  Illinois
25    Vehicle  Code.  Moving  or nonmoving traffic violations under
26    the Illinois Vehicle Code shall not be  reported  except  for
27    violations  of Chapter 4, Section 11-204.1, or Section 11-501
28    of that Code.  In addition, conservation offenses, as defined
29    in the Supreme Court Rule  501(c),  that  are  classified  as
30    Class B misdemeanors shall not be reported.
31        Whenever  an  adult  or minor prosecuted as an adult, not
32    having previously been convicted of any criminal  offense  or
 
SB745 Engrossed             -234-              LRB9101253EGfg
 1    municipal  ordinance violation, charged with a violation of a
 2    municipal ordinance or a felony or misdemeanor, is  acquitted
 3    or released without being convicted, whether the acquittal or
 4    release  occurred  before, on, or after the effective date of
 5    this amendatory Act of 1991, the Chief Judge of  the  circuit
 6    wherein  the  charge  was  brought, any judge of that circuit
 7    designated by the Chief Judge, or in counties  of  less  than
 8    3,000,000  inhabitants,  the  presiding  trial  judge  at the
 9    defendant's trial may upon verified petition of the defendant
10    order the record of arrest expunged from the official records
11    of the arresting authority and the Department and order  that
12    the records of the clerk of the circuit court be sealed until
13    further order of the court upon good cause shown and the name
14    of  the  defendant obliterated on the official index required
15    to be kept by the circuit court clerk under Section 16 of the
16    Clerks of Courts Act, but the  order  shall  not  affect  any
17    index  issued  by the circuit court clerk before the entry of
18    the order.  The Department may charge the  petitioner  a  fee
19    equivalent  to the cost of processing any order to expunge or
20    seal the records, and the fee shall  be  deposited  into  the
21    State  Police  Services  Fund.  The records of those arrests,
22    however, that result in a disposition of supervision for  any
23    offense  shall  not  be  expunged  from  the  records  of the
24    arresting authority or the Department nor  impounded  by  the
25    court   until  2  years  after  discharge  and  dismissal  of
26    supervision.  Those records that result  from  a  supervision
27    for  a  violation of Section 3-707, 3-708, 3-710, 5-401.3, or
28    11-503 of the Illinois Vehicle Code or a similar provision of
29    a local ordinance, or for  a  violation  of  Section  12-3.2,
30    12-15  or  16A-3  of  the Criminal Code of 1961, or probation
31    under Section 10 of the Cannabis Control Act, Section 410  of
32    the  Illinois Controlled Substances Act, Section 12-4.3(b)(1)
33    and (2) of the Criminal Code of  1961  (as  those  provisions
34    existed  before their deletion by Public Act 89-313), Section
 
SB745 Engrossed             -235-              LRB9101253EGfg
 1    10-102 of the Illinois Alcoholism and Other  Drug  Dependency
 2    Act when the judgment of conviction has been vacated, Section
 3    40-10  of  the Alcoholism and Other Drug Abuse and Dependency
 4    Act when the judgment of  conviction  has  been  vacated,  or
 5    Section  10  of the Steroid Control Act shall not be expunged
 6    from the records of the arresting authority nor impounded  by
 7    the  court  until  5  years after termination of probation or
 8    supervision. Those records that result from a supervision for
 9    a violation of Section 11-501 of the Illinois Vehicle Code or
10    a similar provision  of  a  local  ordinance,  shall  not  be
11    expunged.  All  records  set  out above may be ordered by the
12    court to be  expunged  from  the  records  of  the  arresting
13    authority and impounded by the court after 5 years, but shall
14    not  be expunged by the Department, but shall, on court order
15    be sealed by the Department and may be  disseminated  by  the
16    Department  only  as  required  by  law  or  to the arresting
17    authority, the State's Attorney, and the court upon  a  later
18    arrest  for  the same or a similar offense or for the purpose
19    of sentencing for any subsequent felony.  Upon conviction for
20    any offense, the Department of Corrections shall have  access
21    to  all  sealed  records of the Department pertaining to that
22    individual.
23        (b)  Whenever a person has been convicted of a  crime  or
24    of  the  violation of a municipal ordinance, in the name of a
25    person whose identity he has stolen or  otherwise  come  into
26    possession  of,  the  aggrieved person from whom the identity
27    was stolen or otherwise obtained without authorization,  upon
28    learning  of  the  person  having  been  arrested  using  his
29    identity,  may,  upon verified petition to the chief judge of
30    the circuit wherein the arrest was made, have a  court  order
31    entered  nunc  pro  tunc  by  the  chief judge to correct the
32    arrest record, conviction record, if any,  and  all  official
33    records  of  the  arresting  authority, the Department, other
34    criminal justice agencies,  the  prosecutor,  and  the  trial
 
SB745 Engrossed             -236-              LRB9101253EGfg
 1    court  concerning  such  arrest, if any, by removing his name
 2    from all such records  in  connection  with  the  arrest  and
 3    conviction,  if any, and by inserting in the records the name
 4    of the offender, if known or ascertainable, in  lieu  of  the
 5    aggrieved's  name.   The  records of the clerk of the circuit
 6    court clerk shall be sealed until further order of the  court
 7    upon  good  cause  shown and the name of the aggrieved person
 8    obliterated on the official index required to be kept by  the
 9    circuit  court clerk under Section 16 of the Clerks of Courts
10    Act, but the order shall not affect any index issued  by  the
11    circuit court clerk before the entry of the order. Nothing in
12    this  Section  shall  limit the Department of State Police or
13    other criminal justice agencies or prosecutors  from  listing
14    under  an offender's name the false names he or she has used.
15    For purposes of this  Section,  convictions  for  moving  and
16    nonmoving  traffic  violations  other  than  convictions  for
17    violations  of  Chapter 4, Section 11-204.1 or Section 11-501
18    of the Illinois Vehicle Code shall not be a bar to  expunging
19    the  record  of  arrest  and court records for violation of a
20    misdemeanor or municipal ordinance.
21        (c)  Whenever a person  who  has  been  convicted  of  an
22    offense   is   granted   a   pardon  by  the  Governor  which
23    specifically authorizes expungement, he  may,  upon  verified
24    petition  to  the chief judge of the circuit where the person
25    had been convicted, any judge of the  circuit  designated  by
26    the  Chief  Judge,  or  in  counties  of  less than 3,000,000
27    inhabitants, the presiding trial  judge  at  the  defendant's
28    trial, may have a court order entered expunging the record of
29    arrest  from  the official records of the arresting authority
30    and order that the records of the clerk of the circuit  court
31    and the Department be sealed until further order of the court
32    upon  good  cause  shown or as otherwise provided herein, and
33    the name of the defendant obliterated from the official index
34    requested to be kept by the circuit court clerk under Section
 
SB745 Engrossed             -237-              LRB9101253EGfg
 1    16 of the Clerks of Courts Act in connection with the  arrest
 2    and conviction for the offense for which he had been pardoned
 3    but  the  order  shall  not  affect  any  index issued by the
 4    circuit court clerk before  the  entry  of  the  order.   All
 5    records  sealed  by the Department may be disseminated by the
 6    Department only as  required  by  law  or  to  the  arresting
 7    authority,  the State's States Attorney, and the court upon a
 8    later arrest for the same  or  similar  offense  or  for  the
 9    purpose  of  sentencing  for  any  subsequent  felony.   Upon
10    conviction  for  any  subsequent  offense,  the Department of
11    Corrections shall have access to all sealed  records  of  the
12    Department  pertaining to that individual.  Upon entry of the
13    order of expungement, the clerk of the  circuit  court  shall
14    promptly  mail  a  copy  of  the  order to the person who was
15    pardoned.
16        (d)  Notice of the petition for subsections (a), (b), and
17    (c) shall be served upon the State's Attorney  or  prosecutor
18    charged  with  the  duty  of  prosecuting  the  offense,  the
19    Department  of  State  Police,  the  arresting agency and the
20    chief legal officer of the unit of local government affecting
21    the arrest.  Unless the State's Attorney or  prosecutor,  the
22    Department  of  State  Police,  the  arresting agency or such
23    chief legal officer objects to the petition  within  30  days
24    from  the  date of the notice, the court shall enter an order
25    granting or denying the petition.  The  clerk  of  the  court
26    shall  promptly  mail  a copy of the order to the person, the
27    arresting agency, the prosecutor,  the  Department  of  State
28    Police  and  such  other  criminal justice agencies as may be
29    ordered by the judge.
30        (e)  Nothing herein shall prevent the Department of State
31    Police from maintaining all records  of  any  person  who  is
32    admitted  to  probation  upon  terms  and  conditions and who
33    fulfills those terms and conditions pursuant to Section 10 of
34    the  Cannabis  Control  Act,  Section  410  of  the  Illinois
 
SB745 Engrossed             -238-              LRB9101253EGfg
 1    Controlled Substances Act, Section  12-4.3  of  the  Criminal
 2    Code  of  1961, Section 10-102 of the Illinois Alcoholism and
 3    Other Drug Dependency Act, Section 40-10  of  the  Alcoholism
 4    and Other Drug Abuse and Dependency Act, or Section 10 of the
 5    Steroid Control Act.
 6        (f)  No  court  order  issued pursuant to the expungement
 7    provisions of this Section shall become final for purposes of
 8    appeal  until  30  days  after  notice  is  received  by  the
 9    Department.  Any court order contrary to  the  provisions  of
10    this Section is void.
11        (g)  The court shall not order the sealing or expungement
12    of  the arrest records and records of the circuit court clerk
13    of any person granted supervision for  or  convicted  of  any
14    sexual  offense  committed  against a minor under 18 years of
15    age.  For the  purposes  of  this  Section,  "sexual  offense
16    committed against a minor" includes but is not limited to the
17    offenses  of  indecent  solicitation  of  a child or criminal
18    sexual abuse when the victim of  such  offense  is  under  18
19    years of age.
20    (Source: P.A.  88-45;  88-77;  88-670,  eff. 12-2-94; 88-679,
21    eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)

22        (Text of Section after amendment by P.A. 90-590)
23        Sec. 5. Arrest reports; expungement.
24        (a)  All policing bodies of this State shall  furnish  to
25    the  Department, daily, in the form and detail the Department
26    requires, fingerprints and descriptions of  all  persons  who
27    are  arrested  on  charges  of violating any penal statute of
28    this State for offenses that are classified as  felonies  and
29    Class  A or B misdemeanors and of all minors of the age of 10
30    and over who have been arrested for an offense which would be
31    a felony if committed by  an  adult,  and  may  forward  such
32    fingerprints and descriptions for minors arrested for Class A
33    or  B  misdemeanors.   Moving or nonmoving traffic violations
34    under the Illinois Vehicle Code shall not be reported  except
 
SB745 Engrossed             -239-              LRB9101253EGfg
 1    for  violations  of  Chapter  4, Section 11-204.1, or Section
 2    11-501 of that Code.  In addition, conservation offenses,  as
 3    defined in the Supreme Court Rule 501(c), that are classified
 4    as Class B misdemeanors shall not be reported.
 5        Whenever  an  adult  or minor prosecuted as an adult, not
 6    having previously been convicted of any criminal  offense  or
 7    municipal  ordinance violation, charged with a violation of a
 8    municipal ordinance or a felony or misdemeanor, is  acquitted
 9    or released without being convicted, whether the acquittal or
10    release  occurred  before, on, or after the effective date of
11    this amendatory Act of 1991, the Chief Judge of  the  circuit
12    wherein  the  charge  was  brought, any judge of that circuit
13    designated by the Chief Judge, or in counties  of  less  than
14    3,000,000  inhabitants,  the  presiding  trial  judge  at the
15    defendant's trial may upon verified petition of the defendant
16    order the record of arrest expunged from the official records
17    of the arresting authority and the Department and order  that
18    the records of the clerk of the circuit court be sealed until
19    further order of the court upon good cause shown and the name
20    of  the  defendant obliterated on the official index required
21    to be kept by the circuit court clerk under Section 16 of the
22    Clerks of Courts Act, but the  order  shall  not  affect  any
23    index  issued  by the circuit court clerk before the entry of
24    the order.  The Department may charge the  petitioner  a  fee
25    equivalent  to the cost of processing any order to expunge or
26    seal the records, and the fee shall  be  deposited  into  the
27    State  Police  Services  Fund.  The records of those arrests,
28    however, that result in a disposition of supervision for  any
29    offense  shall  not  be  expunged  from  the  records  of the
30    arresting authority or the Department nor  impounded  by  the
31    court   until  2  years  after  discharge  and  dismissal  of
32    supervision.  Those records that result  from  a  supervision
33    for  a  violation of Section 3-707, 3-708, 3-710, 5-401.3, or
34    11-503 of the Illinois Vehicle Code or a similar provision of
 
SB745 Engrossed             -240-              LRB9101253EGfg
 1    a local ordinance, or for  a  violation  of  Section  12-3.2,
 2    12-15  or  16A-3  of  the Criminal Code of 1961, or probation
 3    under Section 10 of the Cannabis Control Act, Section 410  of
 4    the  Illinois Controlled Substances Act, Section 12-4.3(b)(1)
 5    and (2) of the Criminal Code of  1961  (as  those  provisions
 6    existed  before their deletion by Public Act 89-313), Section
 7    10-102 of the Illinois Alcoholism and Other  Drug  Dependency
 8    Act when the judgment of conviction has been vacated, Section
 9    40-10  of  the Alcoholism and Other Drug Abuse and Dependency
10    Act when the judgment of  conviction  has  been  vacated,  or
11    Section  10  of the Steroid Control Act shall not be expunged
12    from the records of the arresting authority nor impounded  by
13    the  court  until  5  years after termination of probation or
14    supervision.  Those records that result  from  a  supervision
15    for  a  violation  of  Section 11-501 of the Illinois Vehicle
16    Code or a similar provision of a local ordinance,  shall  not
17    be expunged.  All records set out above may be ordered by the
18    court  to  be  expunged  from  the  records  of the arresting
19    authority and impounded by the court after 5 years, but shall
20    not be expunged by the Department, but shall, on court  order
21    be  sealed  by  the Department and may be disseminated by the
22    Department only as  required  by  law  or  to  the  arresting
23    authority,  the  State's Attorney, and the court upon a later
24    arrest for the same or a similar offense or for  the  purpose
25    of sentencing for any subsequent felony.  Upon conviction for
26    any  offense, the Department of Corrections shall have access
27    to all sealed records of the Department  pertaining  to  that
28    individual.
29        (a-5)  Those  records  maintained  by  the Department for
30    persons arrested  prior  to  their  17th  birthday  shall  be
31    expunged  as  provided in Section 5-915 of the Juvenile Court
32    Act of 1987.
33        (b)  Whenever a person has been convicted of a  crime  or
34    of  the  violation of a municipal ordinance, in the name of a
 
SB745 Engrossed             -241-              LRB9101253EGfg
 1    person whose identity he has stolen or  otherwise  come  into
 2    possession  of,  the  aggrieved person from whom the identity
 3    was stolen or otherwise obtained without authorization,  upon
 4    learning  of  the  person  having  been  arrested  using  his
 5    identity,  may,  upon verified petition to the chief judge of
 6    the circuit wherein the arrest was made, have a  court  order
 7    entered  nunc  pro  tunc  by  the  chief judge to correct the
 8    arrest record, conviction record, if any,  and  all  official
 9    records  of  the  arresting  authority, the Department, other
10    criminal justice agencies,  the  prosecutor,  and  the  trial
11    court  concerning  such  arrest, if any, by removing his name
12    from all such records  in  connection  with  the  arrest  and
13    conviction,  if any, and by inserting in the records the name
14    of the offender, if known or ascertainable, in  lieu  of  the
15    has  name.   The  records  of  the clerk of the circuit court
16    clerk shall be sealed until further order of the  court  upon
17    good  cause  shown  and  the  name  of  the  aggrieved person
18    obliterated on the official index required to be kept by  the
19    circuit  court clerk under Section 16 of the Clerks of Courts
20    Act, but the order shall not affect any index issued  by  the
21    circuit court clerk before the entry of the order. Nothing in
22    this  Section  shall  limit the Department of State Police or
23    other criminal justice agencies or prosecutors  from  listing
24    under  an offender's name the false names he or she has used.
25    For purposes of this  Section,  convictions  for  moving  and
26    nonmoving  traffic  violations  other  than  convictions  for
27    violations  of  Chapter 4, Section 11-204.1 or Section 11-501
28    of the Illinois Vehicle Code shall not be a bar to  expunging
29    the  record  of  arrest  and court records for violation of a
30    misdemeanor or municipal ordinance.
31        (c)  Whenever a person  who  has  been  convicted  of  an
32    offense   is   granted   a   pardon  by  the  Governor  which
33    specifically authorizes expungement, he  may,  upon  verified
34    petition  to  the chief judge of the circuit where the person
 
SB745 Engrossed             -242-              LRB9101253EGfg
 1    had been convicted, any judge of the  circuit  designated  by
 2    the  Chief  Judge,  or  in  counties  of  less than 3,000,000
 3    inhabitants, the presiding trial  judge  at  the  defendant's
 4    trial, may have a court order entered expunging the record of
 5    arrest  from  the official records of the arresting authority
 6    and order that the records of the clerk of the circuit  court
 7    and the Department be sealed until further order of the court
 8    upon  good  cause  shown or as otherwise provided herein, and
 9    the name of the defendant obliterated from the official index
10    requested to be kept by the circuit court clerk under Section
11    16 of the Clerks of Courts Act in connection with the  arrest
12    and conviction for the offense for which he had been pardoned
13    but  the  order  shall  not  affect  any  index issued by the
14    circuit court clerk before  the  entry  of  the  order.   All
15    records  sealed  by the Department may be disseminated by the
16    Department only as  required  by  law  or  to  the  arresting
17    authority,  the State's States Attorney, and the court upon a
18    later arrest for the same  or  similar  offense  or  for  the
19    purpose  of  sentencing  for  any  subsequent  felony.   Upon
20    conviction  for  any  subsequent  offense,  the Department of
21    Corrections shall have access to all sealed  records  of  the
22    Department  pertaining to that individual.  Upon entry of the
23    order of expungement, the clerk of the  circuit  court  shall
24    promptly  mail  a  copy  of  the  order to the person who was
25    pardoned.
26        (d)  Notice of the petition for subsections (a), (b), and
27    (c) shall be served upon the State's Attorney  or  prosecutor
28    charged  with  the  duty  of  prosecuting  the  offense,  the
29    Department  of  State  Police,  the  arresting agency and the
30    chief legal officer of the unit of local government affecting
31    the arrest.  Unless the State's Attorney or  prosecutor,  the
32    Department  of  State  Police,  the  arresting agency or such
33    chief legal officer objects to the petition  within  30  days
34    from  the  date of the notice, the court shall enter an order
 
SB745 Engrossed             -243-              LRB9101253EGfg
 1    granting or denying the petition.  The  clerk  of  the  court
 2    shall  promptly  mail  a copy of the order to the person, the
 3    arresting agency, the prosecutor,  the  Department  of  State
 4    Police  and  such  other  criminal justice agencies as may be
 5    ordered by the judge.
 6        (e)  Nothing herein shall prevent the Department of State
 7    Police from maintaining all records  of  any  person  who  is
 8    admitted  to  probation  upon  terms  and  conditions and who
 9    fulfills those terms and conditions pursuant to Section 10 of
10    the  Cannabis  Control  Act,  Section  410  of  the  Illinois
11    Controlled Substances Act, Section  12-4.3  of  the  Criminal
12    Code  of  1961, Section 10-102 of the Illinois Alcoholism and
13    Other Drug Dependency Act, Section 40-10  of  the  Alcoholism
14    and Other Drug Abuse and Dependency Act, or Section 10 of the
15    Steroid Control Act.
16        (f)  No  court  order  issued pursuant to the expungement
17    provisions of this Section shall become final for purposes of
18    appeal  until  30  days  after  notice  is  received  by  the
19    Department.  Any court order contrary to  the  provisions  of
20    this Section is void.
21        (g)  The court shall not order the sealing or expungement
22    of  the arrest records and records of the circuit court clerk
23    of any person granted supervision for  or  convicted  of  any
24    sexual  offense  committed  against a minor under 18 years of
25    age.  For the  purposes  of  this  Section,  "sexual  offense
26    committed against a minor" includes but is not limited to the
27    offenses  of  indecent  solicitation  of  a child or criminal
28    sexual abuse when the victim of  such  offense  is  under  18
29    years of age.
30    (Source: P.A.  89-637,  eff.  1-1-97;  89-689, eff. 12-31-96;
31    90-590, eff. 1-1-00; revised 10-31-98.)

32        Section 39.  The Illinois Uniform Conviction  Information
33    Act is amended by changing Section 9 as follows:
 
SB745 Engrossed             -244-              LRB9101253EGfg
 1        (20 ILCS 2635/9) (from Ch. 38, par. 1609)
 2        Sec.   9.    Procedural  Requirements  for  Disseminating
 3    Conviction Information.
 4        (A)  In accordance with the time parameters of Section  6
 5    and the requirements of subsection subsections (B) and (C) of
 6    this  Section  9,  the  Department shall either: (1) transmit
 7    conviction  information  to  the  requester,   including   an
 8    explanation  of  any code or abbreviation; (2) explain to the
 9    requester   why   the   information   requested   cannot   be
10    transmitted; or (3) inform the requester of any deficiency in
11    the request.
12        (B)  Prior to a non-automated dissemination or within  30
13    days  subsequent  to an automated dissemination made pursuant
14    to this Act, the Department  shall  first  conduct  a  formal
15    update   inquiry   and   review  to  make  certain  that  the
16    information disseminated is complete, except (1) in cases  of
17    exigency,  (2)  upon  request  of  another  criminal  justice
18    agency,  (3)  for conviction information that is less than 30
19    days old, or (4)  for  information  intentionally  fabricated
20    upon  the  express  written  authorization of the Director of
21    State Police to support undercover law enforcement efforts.
22        It shall be  the  responsibility  of  the  Department  to
23    retain  a  record  of  every  extra-agency  dissemination  of
24    conviction information for a period of not less than 3 years.
25    Such records shall be subject to audit by the Department, and
26    shall,  upon  request,  be supplied to the individual to whom
27    the information pertains for requests  from  members  of  the
28    general   public,   corporations,  organizations,  employers,
29    employment agencies,  labor  organizations  and  non-criminal
30    justice  agencies.   At  a minimum, the following information
31    shall be recorded and retained by the Department:
32             (1)  The  name  of  the  individual  to   whom   the
33        disseminated information pertains;
34             (2)  The  name  of  the  individual  requesting  the
 
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 1        information;
 2             (3)  The date of the request;
 3             (4)  The name and address of the private individual,
 4        corporation,  organization,  employer, employment agency,
 5        labor  organization  or   non-criminal   justice   agency
 6        receiving the information; and
 7             (5)  The date of the dissemination.
 8    (Source: P.A. 88-368; revised 10-31-98.)

 9        Section 40.  The Civil Administrative Code of Illinois is
10    amended by changing Section 49.16 as follows:

11        (20 ILCS 2705/49.16) (from Ch. 127, par. 49.16)
12        Sec. 49.16.  Master plan; reporting requirements.
13        (a)  To  develop and maintain a continuing, comprehensive
14    and integrated  planning  process  which  shall  develop  and
15    periodically    revise    a   statewide   master   plan   for
16    transportation to guide program  development  and  to  foster
17    efficient  and  economical transportation services in ground,
18    air, water and all other modes of  transportation  throughout
19    the    state.     The   Department   shall   coordinate   its
20    transportation planning activities with those of other  state
21    agencies  and authorities, and shall supervise and review any
22    transportation planning performed by other Executive agencies
23    under the direction of the Governor.   The  Department  shall
24    cooperate and participate with federal, regional, interstate,
25    state,  and local agencies, in accordance with Sections 5-301
26    and 7-301 of the Illinois Highway Code, and  with  interested
27    private individuals and organizations, in the coordination of
28    plans   and   policies   for   development   of  the  state's
29    transportation system.
30        To meet the provisions of this  Section,  the  Department
31    shall  publish  and  deliver  to  the  Governor  and  General
32    Assembly by January 1, 1982 and every 2 years thereafter, its
 
SB745 Engrossed             -246-              LRB9101253EGfg
 1    master   plan   for   highway,   waterway,  aeronautic,  mass
 2    transportation and railroad systems.  The plan shall identify
 3    priority subsystems or components of each  system  which  are
 4    critical  to  the  economic and general welfare of this State
 5    regardless of public jurisdictional responsibility or private
 6    ownership.
 7        The master plan shall  provide  particular  emphasis  and
 8    detail of the 5 year period in the immediate future.
 9        Annual  and 5 year project programs for each State system
10    in this Section shall be published and furnished the  General
11    Assembly on the first Wednesday in April of each year.
12        Identified  needs  included in the project programs shall
13    be listed and mapped in  a  distinctive  fashion  to  clearly
14    identify the priority status of the projects: (1) projects to
15    be  committed for execution; (2) tentative projects which are
16    dependent upon funding or other constraints; and  (3)  needed
17    projects  which  are not programmed due to lack of funding or
18    other constraints.
19        All projects shall be related to the priority systems  of
20    the  master plan, and the priority criteria identified.  Cost
21    and estimated completion dates shall  be  included  for  work
22    required  to  complete  a useable segment or component beyond
23    the 5 year period of the program.
24        (b)  The Department shall  publish  and  deliver  to  the
25    Governor and General Assembly on the first Wednesday in April
26    of  each  year a 5-year Highway Improvement Program reporting
27    the number of fiscal years each project has been on  previous
28    5-year plans submitted by the Department.
29        (c)  The  Department  shall  publish  and  deliver to the
30    Governor and the General Assembly by November 1 of each  year
31    a For the Record report that shall include the following:
32             (1)  all  the  projects accomplished in the previous
33        fiscal  year  listed  by  each  Illinois  Department   of
34        Transportation District; and
 
SB745 Engrossed             -247-              LRB9101253EGfg
 1             (2)  the  award cost and the beginning dates of each
 2        listed project.
 3    (Source: P.A. 90-277, eff. 1-1-98; revised 10-31-98.)

 4        Section 41.  The Illinois Development  Finance  Authority
 5    Act is amended by changing Sections 7.28 and 7.53 as follows:

 6        (20 ILCS 3505/7.28) (from Ch. 48, par. 850.07s)
 7        Sec.   7.28.    Documentary  materials  concerning  trade
 8    secrets; Commercial or financial information; Confidentiality
 9     Confidentially.  Any documentary materials or data  made  or
10    received  by  any member, agent or employee of the Authority,
11    to the extent that such material or  data  consist  of  trade
12    secrets,  commercial  or  financial information regarding the
13    operation of any enterprise conducted by an applicant for, or
14    recipient of, any form of assistance which the  Authority  is
15    empowered to render, or regarding the competitive position of
16    such  enterprise in a particular field of endeavor, shall not
17    be deemed public records;  provided,  however,  that  if  the
18    Authority   purchases   a   qualified   security   from  such
19    enterprise,  the  commercial   and   financial   information,
20    excluding  trade  secrets, shall be deemed to become a public
21    record of the Authority after the expiration of 3 years  from
22    the  date  of purchase of such qualified security, or, in the
23    case of such information made  or  received  by  any  member,
24    agent or employee of the Authority after the purchase of such
25    qualified  security,  3  years from the date such information
26    was made or received. Any discussion or consideration of such
27    trade secrets or commercial or financial information  may  be
28    held  by  the  Authority  in executive sessions closed to the
29    public, notwithstanding the provisions of the  Open  Meetings
30    Act;   provided,  however,  that  the  purpose  of  any  such
31    executive session shall be set forth in the official  minutes
32    of  the  Authority  and business which is not related to such
 
SB745 Engrossed             -248-              LRB9101253EGfg
 1    purpose shall not be transacted, nor shall any vote be  taken
 2    during such executive sessions.
 3    (Source: P.A. 88-665, eff. 9-16-94; revised 10-31-98.)

 4        (20 ILCS 3505/7.53) (from Ch. 48, par. 850.07z9)
 5        Sec.  7.53.  Powers and duties; Illinois Local Government
 6    Financing Assistance Program.  The Authority has the power:
 7        (a)  To purchase from time to time pursuant to negotiated
 8    sale or to otherwise acquire from  time  to  time  any  local
 9    government  securities  issued  by one or more units of local
10    government upon such terms and conditions  as  the  Authority
11    may prescribe;
12        (b)  To issue bonds in one or more series pursuant to one
13    or   more  resolutions  of  the  Authority  for  any  purpose
14    authorized under Sections 7.50  through  7.61  of  this  Act,
15    including  without  limitation  purchasing or acquiring local
16    government securities,  providing  for  the  payment  of  any
17    interest  deemed necessary on such bonds, paying for the cost
18    of issuance of such bonds, providing for the payment  of  the
19    cost   of   any  guarantees,  letters  of  credit,  insurance
20    contracts  or  other  similar  credit  support  or  liquidity
21    instruments, or providing for the  funding  of  any  reserves
22    deemed  necessary in connection with such bonds and refunding
23    or advance refunding of any such bonds and the  interest  and
24    any  premium  thereon, pursuant to paragraph (c) of Section 7
25    of this Act;
26        (c)  To provide for the funding of any reserves or  other
27    funds  or  accounts  deemed  necessary  by  the  Authority in
28    connection with any bonds issued by the  Authority  or  local
29    government  securities purchased or otherwise acquired by the
30    Authority;
31        (d)  To pledge any local government  security,  including
32    any payments thereon, and any other funds of the Authority or
33    funds made available to the Authority which may be applied to
 
SB745 Engrossed             -249-              LRB9101253EGfg
 1    such  purpose,  as  security for any bonds or any guarantees,
 2    letters of credit,  insurance  contracts  or  similar  credit
 3    support or liquidity instruments securing the bonds;
 4        (e)  To  enter  into  agreements  or contracts with third
 5    parties,  whether  public  or  private,   including   without
 6    limitation  the  United  States of America, the State, or any
 7    department or agency thereof to  obtain  any  appropriations,
 8    grants,  loans  or  guarantees  which are deemed necessary or
 9    desirable by the Authority.  Any such guarantee, agreement or
10    contract  may  contain  terms  and  provisions  necessary  or
11    desirable in connection with  the  program,  subject  to  the
12    requirements  established  by  Sections  7.50 through 7.61 of
13    this Act;
14        (f)  To charge reasonable fees  to  defray  the  cost  of
15    obtaining  letters  of  credit,  insurance contracts or other
16    similar documents, and to charge such other  reasonable  fees
17    to  defray the cost of trustees, depositories, paying agents,
18    bond  registrars,  escrow  agents  and  other  administrative
19    expenses.  Any such fees shall be payable by units  of  local
20    government whose local government securities are purchased or
21    otherwise acquired by the Authority pursuant to Sections 7.50
22    through  7.61  of this Act, in such amounts and at such times
23    as the Authority shall determine, and the amount of the  fees
24    need  not  be  uniform  among  the  various  units  of  local
25    government whose local government securities are purchased or
26    otherwise acquired by the Authority pursuant to Sections 7.50
27    through 7.61 of this Act;
28        (g)  To   obtain  and  maintain  guarantees,  letters  of
29    credit, insurance contracts  or  similar  credit  support  or
30    liquidity instruments which are deemed necessary or desirable
31    in  connection  with  any  bonds  or other obligations of the
32    Authority or any local government securities;
33        (h)  To establish application fees and other service fees
34    and prescribe application, notification, contract, agreement,
 
SB745 Engrossed             -250-              LRB9101253EGfg
 1    security and insurance forms and  rules  and  regulations  it
 2    deems necessary or appropriate;
 3        (i)  To  provide  technical assistance, at the request of
 4    any unit of local government, with respect to  the  financing
 5    or  refinancing  for  any  public purpose.  In fulfillment of
 6    this purpose, the Authority may request assistance  from  the
 7    Department as necessary; any unit of local government that is
 8    experiencing  either  a financial emergency as defined in the
 9    Local Government Financial Planning and Supervision Act or  a
10    condition  of  fiscal crisis evidenced by an impaired ability
11    to obtain financing for  its  public  purpose  projects  from
12    traditional  financial  channels or impaired ability to fully
13    fund its obligations to fire, police and  municipal  employee
14    pension  funds,  or to bond payments or reserves, may request
15    technical assistance from the Authority  in  the  form  of  a
16    diagnostic evaluation of its financial condition;
17        (j)  To  purchase any obligations of the Authority issued
18    pursuant to Sections 7.50 through 7.61 of this Act;
19        (k)  To sell, transfer  or  otherwise  dispose  of  local
20    government  securities purchased or otherwise acquired by the
21    Authority pursuant to Sections 7.50 through 7.61 of this Act,
22    including without limitation, the  sale,  transfer  or  other
23    disposition  of  undivided  fractionalized  interests  in the
24    right to receive payments of principal and premium,  if  any,
25    or  the right to receive payments of interest or the right to
26    receive payments of principal of and  premium,  if  any,  and
27    interest on pools of such local government securities;
28        (l)  To  acquire,  purchase,  lease,  sell,  transfer and
29    otherwise dispose of  real  and  personal  property,  or  any
30    interest  therein,    and  to  issue its bonds and enter into
31    leases, contracts and other agreements with  units  of  local
32    government  in  connection with such acquisitions, purchases,
33    leases,  sales  and  other  dispositions  of  such  real  and
34    personal property;
 
SB745 Engrossed             -251-              LRB9101253EGfg
 1        (m)  To make loans to banks, savings and loans and  other
 2    financial  institutions  for  the  purpose  of  purchasing or
 3    otherwise acquiring local government securities, and to issue
 4    its  bonds,  and  enter  into  agreements  and  contracts  in
 5    connection with such loans;
 6        (n)  To enter  into  agreements  or  contracts  with  any
 7    person   necessary   or  appropriate  to  place  the  payment
 8    obligations of the Authority under any of its bonds in  whole
 9    or  in  part  on any interest rate basis, cash flow basis, or
10    other basis  desired  by  the  Authority,  including  without
11    limitation   agreements   or   contracts  commonly  known  as
12    "interest rate swap agreements", "forward payment  conversion
13    agreements",   and  "futures",  or  agreements  or  contracts
14    providing for payments based  on  levels  of  or  changes  in
15    interest  rates,  or agreements or contracts to exchange cash
16    flows or a series of payments, or  agreements  or  contracts,
17    including without limitation agreements or contracts commonly
18    known as "options", "puts" or "calls", to hedge payment, rate
19    spread,   or   similar  exposure;  provided,  that  any  such
20    agreement or contract shall not constitute an obligation  for
21    borrowed  money,  and  shall  not be taken into account under
22    Section 7.56a of this Act or any  other  debt  limit  of  the
23    Authority or the State of Illinois;
24        (o)  To  make  and  enter  into  all other agreements and
25    contracts and execute all instruments necessary or incidental
26    to performance of its duties and the execution of its  powers
27    under Sections 7.50 through 7.61 of this Act; and
28        (p)  To  contract  for  and  finance  the costs of energy
29    audits,    project-specific    engineering     and     design
30    specifications, and any other related analyses preliminary to
31    an  energy  conservation  project;  and,  to contract for and
32    finance the cost of project monitoring and data collection to
33    verify    post-installation    energy     consumption     and
34    energy-related  operating  costs.  Any such contract shall be
 
SB745 Engrossed             -252-              LRB9101253EGfg
 1    executed only after it has been  jointly  negotiated  by  the
 2    Authority  and  the  Department  of  Commerce  and  Community
 3    Affairs; and.
 4        (q)  To  exercise  such  other powers as are necessary or
 5    incidental to the foregoing.
 6    (Source: P.A. 88-519; 89-445, eff. 2-7-96; revised 10-31-98.)

 7        Section  42.   The  Illinois  Human  Resource  Investment
 8    Council Act is amended by changing the title of  the  Act  as
 9    follows:
10        (20 ILCS 3975/Act title)
11        An  Act  to create the Illinois Human Resource Investment
12    Job Training Coordinating Council.

13        Section 43.  The Law Enforcement and Fire Fighting  Medal
14    of Honor Act is amended by changing Section 2001 as follows:

15        (20 ILCS 3985/2001) (from Ch. 127, par. 3852-1)
16        Sec. 2001.  There is created the Law Enforcement Medal of
17    Honor   Committee,   referred  to  in  this  Article  as  the
18    Committee.  The Committee shall consist of  the  Director  of
19    the  Department  of  State  Police, the Superintendent of the
20    Chicago Police Department,  the  Executive  Director  of  the
21    Illinois   Local   Governmental   Law  Enforcement  Officer's
22    Training Standards Board, and the following persons appointed
23    by the Governor:  a sheriff, a chief  of  police  from  other
24    than Chicago, a representative of a statewide law enforcement
25    officer  organization  and a retired Illinois law enforcement
26    officer.  Of the appointed members, the  sheriff  and  police
27    chief  shall  each  serve  a 2-year term and the organization
28    representative  and  retired  officer  shall  each  serve   a
29    one-year  term.   The  Governor shall appoint initial members
30    within 3 months of the effective date of this Act.
31        Members of the Committee shall serve without compensation
 
SB745 Engrossed             -253-              LRB9101253EGfg
 1    but shall be reimbursed for actual expenses incurred  in  the
 2    performance  of  their  duties from funds appropriated to the
 3    Office of the Governor for such purpose.
 4    (Source: P.A. 86-1230; revised 7-10-98.)

 5        Section 44.  The Prairie  State  2000  Authority  Act  is
 6    amended by changing Section 14 as follows:

 7        (20 ILCS 4020/14) (from Ch. 48, par. 1514)
 8        Sec.  14.  Qualification  for Benefits.  An individual is
 9    entitled  to  receive  benefits  under  this  Act  if  it  is
10    determined that:
11             (a)  the individual is  (i) within a benefit year as
12        defined in the Unemployment Insurance  Act  or  has  been
13        employed as defined under Section 206 of the Unemployment
14        Insurance  Act a minimum of 3 of the 10 years previous to
15        the date of an  application  for  benefits;  or  (ii)  is
16        employed   but  is  in  need  of  additional  skills  for
17        continued employment and would be determined to meet  the
18        requirements   of   the  Unemployment  Insurance  Act  to
19        establish  a  benefit  year  if  such  individual  became
20        unemployed through a lack of suitable work opportunities;
21        or (iii) is certified to be a dislocated worker under the
22        federal Job Training Partnership  Act  or  any  successor
23        federal Act; and
24             (b)  the  individual  has  enrolled  in a job-linked
25        program at a qualified  institution,  which  program  has
26        been certified by the Board as eligible for reimbursement
27        through  issuance of vouchers from the Prairie State 2000
28        Fund; and established vocational  goals  directed  toward
29        the  acquisition of marketable skills relevant to current
30        local labor  market  needs  by  means  of  individual  or
31        multi-course  programs  which may contain either remedial
32        or academic components; and.
 
SB745 Engrossed             -254-              LRB9101253EGfg
 1             (c)  the individual has not been issued vouchers  in
 2        the maximum amount authorized under Section 15 within the
 3        24  months  previous to the pending determination that he
 4        or she is eligible for receipt  of  benefits  under  this
 5        Section  and  the individual is not receiving funds for a
 6        job training  program  under  the  federal  Job  Training
 7        Partnership Act.
 8    (Source: P.A. 85-401; revised 10-31-98.)

 9        Section  45.   The  Compensation Review Act is amended by
10    changing Section 2 as follows:

11        (25 ILCS 120/2) (from Ch. 63, par. 902)
12        Sec. 2.  There is created the Compensation Review Board,
13    hereinafter thereinafter referred to as the Board.
14        The Board shall consist of l2 members, appointed  3  each
15    by  the Speaker of the House of Representatives, the Minority
16    Leader thereof, the President of the Senate, and the Minority
17    Leader thereof.  Members shall be adults and be residents  of
18    Illinois.   Members may not be members or employees or former
19    members  or  employees  of   the   judicial,   executive   or
20    legislative  branches of State government; nor may members be
21    persons registered under the Lobbyist Registration Act.   Any
22    member  may  be  reappointed  for  a  consecutive term but no
23    member may serve for more than 10 years total on  the  Board.
24    The  respective  appointing legislative leader may remove any
25    such appointed member prior to the expiration of his term  on
26    the Board for official misconduct, incompetence or neglect of
27    duty.
28        Members   shall  serve  without  compensation  but  shall
29    receive an allowance for  living  expenses  incurred  in  the
30    performance  of  their  official  duties in an amount per day
31    equal to  the  amount  permitted  to  be  deducted  for  such
32    expenses by members of the General Assembly under the federal
 
SB745 Engrossed             -255-              LRB9101253EGfg
 1    Internal Revenue Code, as now or hereafter amended.  The rate
 2    for  reimbursement  of mileage expenses shall be equal to the
 3    amount established from time  to  time  for  members  of  the
 4    General  Assembly.   The  Board  may,  without  regard to the
 5    Personnel  Code,  employ  and   fix   the   compensation   or
 6    remuneration  of  employees  as  it  considers  necessary  or
 7    desirable.   The General Assembly shall appropriate the funds
 8    necessary to operate the Board.
 9    (Source: P.A. 86-1481; revised 10-31-98.)

10        Section 46.  The  Legislative  Commission  Reorganization
11    Act of 1984 is amended by changing Section 1-4 as follows:

12        (25 ILCS 130/1-4) (from Ch. 63, par. 1001-4)
13        Sec.  1-4.  In  addition to its general policy making and
14    coordinating responsibilities  for  the  legislative  support
15    services agencies, the Joint Committee on Legislative Support
16    Services  shall  have  the  following  powers and duties with
17    respect to such agencies:
18        (1)  To  approve  the  executive  director  pursuant   to
19    Section 1-5(e);
20        (2)  To  establish uniform hiring practices and personnel
21    procedures, including affirmative action, to assure  equality
22    of employment opportunity;
23        (3)  To  establish uniform contract procedures, including
24    affirmative action, to assure equality  in  the  awarding  of
25    contracts,  and  to  maintain a list of all contracts entered
26    into;
27        (4)  To establish uniform travel regulations and  approve
28    all travel outside the State of Illinois;
29        (5)  To   coordinate   all  leases  and  rental  of  real
30    property;
31        (6)  Except as otherwise expressly provided  by  law,  to
32    coordinate  and  serve  as  the  agency  authorized to assign
 
SB745 Engrossed             -256-              LRB9101253EGfg
 1    studies to be performed by any legislative  support  services
 2    agency. Any study requested by resolution or joint resolution
 3    of  either  house of the General Assembly shall be subject to
 4    the powers of  the  Joint  Committee  to  allocate  resources
 5    available   to  the  General  Assembly  hereunder;  provided,
 6    however, that nothing herein shall be construed  to  preclude
 7    the  participation  by  public  members  in  such  studies or
 8    prohibit their reimbursement  for  reasonable  and  necessary
 9    expenses in connection therewith;
10        (7)  To  make  recommendations  to  the  General Assembly
11    regarding the continuance of the various  committees,  boards
12    and  commissions  that  are  the  subject  of  the  statutory
13    provisions  repealed March 31, 1985, under Article 11 of this
14    Act;
15        (8)  To assist the Auditor General as necessary to assure
16    the  orderly  and  efficient  termination  of   the   various
17    committees,  boards  and  commissions  that  are  subject  to
18    Article 12 of this Act;
19        (9)  To  consider and make recommendations to the General
20    Assembly regarding further reorganization of the  legislative
21    support  services agencies, and other legislative committees,
22    boards and commissions, as it may from time to time determine
23    to be necessary;
24        (10)  To   consider   and   recommend   a   comprehensive
25    transition  plan  for  the   legislative   support   services
26    agencies,  including  but  not  limited to issues such as the
27    consolidation of the organizational structure, centralization
28    or decentralization of staff,  appropriate  level  of  member
29    participation,  guidelines  for  policy  development, further
30    reductions which may be necessary, and measures which can  be
31    taken  to  improve  efficiency, and ensure accountability. To
32    assist  in  such  recommendations  the  Joint  Committee  may
33    appoint an Advisory  Group.   Recommendations  of  the  Joint
34    Committee  shall  be  reported  to the members of the General
 
SB745 Engrossed             -257-              LRB9101253EGfg
 1    Assembly no later than November 13, 1984. The requirement for
 2    reporting to the  General  Assembly  shall  be  satisfied  by
 3    filing  copies  of  the report with the Speaker, the Minority
 4    Leader and the Clerk of the House of Representatives and  the
 5    President,  the  Minority  Leader  and  the  Secretary of the
 6    Senate and the Legislative  Research  Unit,  as  required  by
 7    Section  3.1  of   the General Assembly Organization Act, and
 8    filing such  additional  copies  with  the  State  Government
 9    Report  Distribution  Center  for  the General Assembly as is
10    required under paragraph  (t)  of  Section  7  of  the  State
11    Library Act; and
12        (11)  To  contract  for  the  establishment of child care
13    services pursuant to the State Agency  Employees  Child  Care
14    Services Act; and
15        (12)  To use funds appropriated from the General Assembly
16    Computer   Equipment  Revolving  Fund  for  the  purchase  of
17    computer equipment for the General Assembly and  for  related
18    expenses  and  for  other operational purposes of the General
19    Assembly in accordance with  Section  6  of  the  Legislative
20    Information System Act.
21    (Source: P.A. 88-85; revised 10-31-98.)

22        Section  47.  The State Finance Act is amended by setting
23    forth and renumbering multiple versions of Section 5.480  and
24    by changing Sections 12-2 and 15a as follows:

25        (30 ILCS 105/5.480)
26        Sec.  5.480.  The Juvenile Accountability Incentive Block
27    Grant Fund.
28    (Source: P.A. 90-587, eff. 7-1-98.)

29        (30 ILCS 105/5.482)
30        Sec. 5.482.  5.480.  The  Petroleum  Resources  Revolving
31    Fund.
 
SB745 Engrossed             -258-              LRB9101253EGfg
 1    (Source: P.A. 90-614, eff. 7-10-98; revised 9-23-98.)

 2        (30 ILCS 105/5.483)
 3        Sec.  5.483.  5.480.  The  Economic  Development Matching
 4    Grants Program Fund.
 5    (Source: P.A. 90-660, eff. 7-30-98; revised 9-23-98.)

 6        (30 ILCS 105/5.484)
 7        Sec. 5.484. 5.480.  The Mammogram Fund.
 8    (Source: P.A. 90-675, eff. 1-1-99; revised 9-23-98.)

 9        (30 ILCS 105/5.485)
10        Sec. 5.485. 5.480.  The Police Memorial Committee Fund.
11    (Source: P.A. 90-729, eff. 1-1-99; revised 9-23-98.)

12        (30 ILCS 105/5.486)
13        Sec. 5.486. 5.480.  The Right to Read Fund.
14    (Source: P.A. 90-757, eff. 8-14-98; revised 9-23-98.)

15        (30 ILCS 105/5.487)
16        Sec. 5.487.  5.480.   The  Foreign  Language  Interpreter
17    Fund.
18    (Source: P.A. 90-771, eff. 1-1-99; revised 9-23-98.)

19        (30 ILCS 105/5.488)
20        Sec.  5.488.  5.480.  The Port Development Revolving Loan
21    Fund.
22    (Source: P.A. 90-785, eff. 1-1-99; revised 9-23-98.)

23        (30 ILCS 105/12-2) (from Ch. 127, par. 148-2)
24        Sec. 12-2. (a) The chairmen of the travel control  boards
25    established  by  Section  12-1,  or  their  designees,  shall
26    together  comprise the Travel Regulation Council.  The Travel
27    Regulation Council  shall  be  chaired  by  the  Director  of
 
SB745 Engrossed             -259-              LRB9101253EGfg
 1    Central  Management Services, who shall be a nonvoting member
 2    of the Council, unless he is otherwise qualified to  vote  by
 3    virtue  of  being  the designee of a voting member.  No later
 4    than March 1, 1986, and at least biennially  thereafter,  the
 5    Council    shall   adopt   State   Travel   Regulations   and
 6    Reimbursement  Rates  which  shall  be  applicable   to   all
 7    personnel  subject  to the jurisdiction of the travel control
 8    boards established by Section 12-1.  An affirmative vote of a
 9    majority of the members of the Council shall be  required  to
10    adopt  regulations  and  reimbursement rates.  If the Council
11    fails to adopt regulations by March  1  of  any  odd-numbered
12    year, the Director of Central Management Services shall adopt
13    emergency regulations and reimbursement rates pursuant to the
14    Illinois Administrative Procedure Procedures Act.
15        (b)  Mileage for automobile travel shall be reimbursed at
16    the  allowance  rate  in effect under regulations promulgated
17    pursuant to 5 U.S.C. 5707(b)(2). However, in  the  event  the
18    rate  set under federal regulations changes during the course
19    of the State's fiscal year, the effective  date  of  the  new
20    rate  shall be the July 1 immediately following the change in
21    the federal rate.
22        (c)  Rates  for  reimbursement  of  expenses  other  than
23    mileage shall  not  exceed  the  actual  cost  of  travel  as
24    determined by the United States Internal Revenue Service.
25        (d)  Reimbursements  to  travelers shall be made pursuant
26    to the rates and regulations  applicable  to  the  respective
27    State agency as of the effective date of this amendatory Act,
28    until  the  State  Travel Regulations and Reimbursement Rates
29    established by this Section are adopted and effective.
30    (Source: P.A. 89-376, eff. 8-18-95; revised 10-31-98.)

31        (30 ILCS 105/15a) (from Ch. 127, par. 151a)
32        Sec. 15a. Contractual services.   The  item  "contractual
33    services",  when  used  in  an  appropriation  act, means and
 
SB745 Engrossed             -260-              LRB9101253EGfg
 1    includes:
 2             (a)  Expenditures incident to  the  current  conduct
 3        and   operation   of   an   office,   department,  board,
 4        commission, institution or agency for postage and  postal
 5        charges,     surety    bond    premiums,    publications,
 6        subscriptions,   office   conveniences   and    services,
 7        exclusive of commodities as herein defined;
 8             (b)  Expenditures   for   rental   of   property  or
 9        equipment, repair or maintenance of property or equipment
10        including   related   supplies,   equipment,   materials,
11        services, replacement fixtures and repair parts,  utility
12        services,  professional  or  technical  services,  moving
13        expenses   incident   to  a  new  State  employment,  and
14        transportation charges exclusive of  "travel"  as  herein
15        defined;
16             (c)  Expenditures  for  the  rental  of  lodgings in
17        Springfield, Illinois and for the  payment  of  utilities
18        used  in  connection  with  such lodgings for all elected
19        State officials, who are required by Section 1, Article V
20        of the Constitution of the State of Illinois to reside at
21        the seat of government during their term of office;
22             (d)  Expenditures  pursuant  to  multi-year   lease,
23        lease-purchase  or  installment  purchase  contracts  for
24        duplicating  equipment  authorized  by Section 5.1 of the
25        Illinois Purchasing Act;
26             (e)  Expenditures of $5,000 or less per project  for
27        improvements  to  real  property  which,  except  for the
28        operation  of  this  Section,  would  be  classified   as
29        "permanent improvements" as defined in Section 21;
30             (f)  Expenditures   pursuant  to  multi-year  lease,
31        lease-purchase  or  installment  purchase  contracts  for
32        land, permanent improvements or fixtures.
33        The  item  "contractual  services"  does  not,   however,
34    include any expenditures included in "operation of automotive
 
SB745 Engrossed             -261-              LRB9101253EGfg
 1    equipment" as defined in Section 24.2.
 2        The  item  "contractual  services"  does  not include any
 3    expenditures for professional, technical, or  other  services
 4    performed  for a State agency under a contract executed after
 5    the effective date of this amendatory Act of 1992 by a person
 6    who was formerly employed by that agency and has received any
 7    early retirement incentive under Section 14-108.3 or 16-133.3
 8    of the Illinois Pension Code, unless the official or employee
 9    executing the contract on behalf of the agency has  certified
10    that the person performing the services either (i) possesses
11    possess  unique  expertise,  or  (ii)  is  essential  to  the
12    operation  of  the  agency.  This certification must be filed
13    with the Office of the Auditor General prior to the execution
14    of the contract, and shall be made available by  that  Office
15    for  public  inspection  and copying.  A contract not payable
16    from the contractual services item because of this  paragraph
17    shall  not  be  payable from any other item of appropriation.
18    For  the  purposes  of  this  paragraph,  the  term  "agency"
19    includes  all  offices,  boards,  commissions,   departments,
20    agencies, and institutions of State government.
21    (Source: P.A. 87-836; 87-860; revised 10-31-98.)

22        Section  48.   The  State  Officers  and  Employees Money
23    Disposition Act is amended by changing Section 6 as follows:

24        (30 ILCS 230/6) (from Ch. 127, par. 176a)
25        Sec. 6. This Act shall  not  apply  to  contributions  or
26    other  moneys  collected  pursuant  to the provisions of "the
27    Unemployment Insurance Compensation Act"  approved  June  30,
28    1937, as amended.
29    (Source: Laws 1939, p. 1144; revised 10-31-98.)

30        Section  49.  The Fiscal Agent Designation Act is amended
31    by changing Section 1 as follows:
 
SB745 Engrossed             -262-              LRB9101253EGfg
 1        (30 ILCS 325/1) (from Ch. 127, par. 321)
 2        Sec.  1.  The  Building  Bond  Board   created   by   the
 3    Educational  Institution  Bond  Authorization  Act "An Act to
 4    authorize the issuance and sale of  bonds  of  the  State  of
 5    Illinois  for  the  purpose of obtaining funds to be used for
 6    making permanent  improvements  at  educational  institutions
 7    owned  by  this  State  and to provide for the payment of the
 8    principal of and interest upon such bonds" and  the  Building
 9    Bond  Board created by the Mental Health Institution Bond Act
10    are "An Act to authorize the issuance and sale  of  bonds  of
11    the  State  of Illinois for the purpose of obtaining funds to
12    be used for making permanent improvements  at  mental  health
13    and other public welfare institutions owned by this State and
14    to  provide  for the payment of the principal of and interest
15    upon such bonds" each is authorized to designate a fiscal  or
16    paying  agent  for  the State of Illinois for bonds issued by
17    the State of Illinois in accordance with  the  aforementioned
18    Acts  in the City of Chicago, Illinois, and in the Borough of
19    Manhattan, New York City, New York, as well as the office  of
20    the State Treasurer.
21    (Source: Laws 1961, p. 1804; revised 10-31-98.)

22        Section  50.   The General Obligation Bond Act is amended
23    by changing Section 9 as follows:

24        (30 ILCS 330/9) (from Ch. 127, par. 659)
25        Sec. 9.  Conditions for Issuance  and  Sale  of  Bonds  -
26    Requirements  for  Bonds. Bonds shall be issued and sold from
27    time to time in such amounts as  directed  by  the  Governor,
28    upon  recommendation  by  the  Director  of the Bureau of the
29    Budget. Bonds shall be in such form, in the  denomination  of
30    $5,000 or some multiple thereof, payable within 30 years from
31    their date, bearing interest payable annually or semiannually
32    from their date at a rate that does not exceed that permitted
 
SB745 Engrossed             -263-              LRB9101253EGfg
 1    in  the  Bond  Authorization  Act "AN ACT to authorize public
 2    corporations to issue Bonds, other evidences of  indebtedness
 3    and  tax  anticipation  warrants  subject  to  interest  rate
 4    limitations set forth therein", approved May 26, 1970, as now
 5    or  hereafter  amended,  and  be  dated as shall be fixed and
 6    determined by the Director of the Bureau of the Budget in the
 7    order authorizing the issuance and sale of Bonds, which order
 8    shall be approved by the Governor  prior  to  the  giving  of
 9    notice  of the sale of any Bonds. Said Bonds shall be payable
10    at such place or places,  within  or  without  the  State  of
11    Illinois,  and may be made registrable as to either principal
12    or as to both principal and interest, as shall be  fixed  and
13    determined by the Director of the Bureau of the Budget in the
14    order  authorizing the issuance and sale of such Bonds. Bonds
15    may be callable as fixed and determined by  the  Director  of
16    the  Bureau  of  the  Budget  in  the  order  authorizing the
17    issuance and sale of  Bonds;  provided,;  however,  that  the
18    State  shall  not  pay  a  premium  of  more  than  3% of the
19    principal of any Bonds so called.
20    (Source: P.A. 83-1490; revised 10-31-98.)

21        Section 51.  The Metropolitan Civic Center Support Act is
22    amended by changing Section 4 as follows:

23        (30 ILCS 355/4) (from Ch. 85, par. 1394)
24        Sec. 4. Moneys will be committed and distributed from the
25    MEAOB Fund in the following manner:
26        (1)  Any  Authority  desiring  to  make  application  for
27    financial support shall do so on  forms  and  in  the  manner
28    provided  by  the  Department  and accompanied by an economic
29    feasibility  report,   an  economic  impact  report,   master
30    building  plan  and  design,  documented  evidence  that  the
31    Authority  has  been  created  pursuant  to law,  a financial
32    plan, and the required local  share of total  project  costs,
 
SB745 Engrossed             -264-              LRB9101253EGfg
 1    which  local share shall include cash or pledges available on
 2    demand through construction in an amount equivalent to 10% of
 3    total project costs, and the sources of  and  procedures  for
 4    obtaining such local share, including evidence that the local
 5    share  was  authorized  at a public meeting.  Local share may
 6    not include State funds provided  to  the  Authority  through
 7    grant or loan.
 8        (2)  (a)  The  application cycle for each program year is
 9    from July 1 to June 30.
10        (b)  Only Authorities recognized by the Director as being
11    created and organized prior to July 1 of a program  year  may
12    apply for support in that year.
13        (c)  An  application  must be submitted by August 1 to be
14    considered in that year.  An application submitted by  August
15    1,  1990,  that  is not fully funded shall remain on file and
16    shall constitute a continuing application for the following 4
17    program years ending on June 30, 1992, June  30,  1993,  June
18    30, 1994, and June 30, 1995. An Authority must participate in
19    a  consultation  with  the  Department prior to submitting an
20    application.
21        (d)  Applications shall  be  made  available  for  public
22    inspection by the Authority.
23        (e)  The  Department  shall  hold one or more hearings on
24    the applications.  Applications may be grouped for hearings.
25        (f)  Applications  may  be  divided   into   construction
26    phases,  but dividing the project into phases shall not imply
27    subsequent  approval   of   funding   the   delayed   phases.
28    Applications  shall  be  limited  to  single or multi-purpose
29    projects the primary function of which is to  provide  public
30    entertainment,  exhibitions  or  conventions  or  to  provide
31    parking  facilities related thereto. Office facilities may be
32    included as an incidental rather than a primary function of a
33    project.   If  the  Authority  holds  land  or  property  not
34    physically contiguous  to  the  civic  center  property,  the
 
SB745 Engrossed             -265-              LRB9101253EGfg
 1    Authority  may  utilize  such other lands or property for any
 2    facility administered by the Authority, and such facility may
 3    be  included  as  an  incidental  function  of   a   project.
 4    Notwithstanding the foregoing, an Authority created under the
 5    Metropolitan  Civic Center Act with a population of less than
 6    100,000,  that  before  July  1,  1990,  has  received  State
 7    financial support for 2  theatre  renovation  projects  in  2
 8    separate communities, may be eligible to seek State financial
 9    support   for   an  agricultural  center,  university  sports
10    facility, and arena in cooperation with  a  State  university
11    created under the Regency Universities Act.
12        (g)  The   Director   shall  certify  an  application  as
13    eligible for State financial support if, in his judgment: (i)
14    the application satisfies all conditions in subsection (1) of
15    this Section; (ii) the application proposes a facility  which
16    accommodates   a   documented   community   need;  (iii)  the
17    application shows evidence of  community  support;  (iv)  the
18    application  proposes  a  facility  which  can  reasonably be
19    expected to provide primary and secondary  economic  benefits
20    in  the  metropolitan  area  of  the Authority including such
21    things  as  job  creation,  private  investments  and   other
22    benefits;  and  (v)  the  application proposes a facility the
23    operational expenses of which are met  by  the  Authority  or
24    through other means available to the Authority.
25        (h)  The  Director  may  deny  all  or  a  portion  of an
26    application and may deny certification to an applicant if  in
27    the judgment of the Director the applicant has failed to show
28    that  the  project is economically feasible, or if the master
29    building plan and design are incomplete or inadequate, or  if
30    the  financial  plan is inadequate. The submitted application
31    will be competitively ranked:  If, after funding the  highest
32    ranked  applications,  the amount available for certification
33    by the Director, as determined by the  written  certification
34    from  the  Budget  Director  pursuant to Section 4(4) of this
 
SB745 Engrossed             -266-              LRB9101253EGfg
 1    Act, is insufficient to fund the next highest ranked  project
 2    and the project cannot be separated into workable phases, the
 3    Director may select the next highest ranked project for which
 4    funds are sufficient.
 5        (i)  Upon   completion  of  the  application  review  the
 6    Director shall provide a list of  applications  approved  and
 7    the  amount  approved,  and a list of applications denied and
 8    the amount denied to each applicant.
 9        (j)  Applicants denied shall be provided with the  reason
10    for denial in writing.
11        (k)  Applications  not  certified  in  one  year  may  be
12    resubmitted in another year, but no preference shall be given
13    to  resubmissions,  unless the only reason for denial is lack
14    of available State financial support.
15        (l)  Applications certified prior to June 1, 1985,  shall
16    remain  certified  and  eligible  for State financial support
17    during  fiscal   year   1986   after   September   3,   1985.
18    Applications  received  but  not  certified by the Department
19    prior to June 1, 1985, may be certified  during  fiscal  year
20    1986  after  September  3,  1985 in accordance with statutory
21    provisions in existence  at  the  time  the  application  was
22    received.  All such applications shall be given priority over
23    applications subsequently received by the Department.
24        (3) (a)  The  Department   shall   establish   for   each
25    applicant  which  has been certified by the Director as being
26    eligible for State financial support a base sum equal to  the
27    lesser of:
28             (i)  75%  of  the  total project costs as determined
29        from applicant's estimate.
30             (ii)  .0310 times the total assessed  valuation,  as
31        equalized  by  the  Department of Revenue, of all taxable
32        property located within  the  metropolitan  area  of  the
33        Authority  for  the  year  1975  or  1983,  whichever  is
34        greater.
 
SB745 Engrossed             -267-              LRB9101253EGfg
 1             (iii)  $20,000,000.
 2        Notwithstanding   the  foregoing,  an  applicant  with  a
 3    facility with more than 400,000  square  feet  of  exhibition
 4    space  shall have a base sum of $15,000,000 in any event, and
 5    the applicant shall be eligible to receive up to  $10,000,000
 6    of  its  base  sum in the fiscal year beginning July 1, 1990,
 7    and the balance of its base sum in the fiscal year  beginning
 8    July  1,  1991.   Notwithstanding the foregoing, an applicant
 9    that has received by July 1,  1990,  the  maximum  amount  of
10    State   financial   support   authorized   under   subsection
11    (3)(a)(iii)  of  this  Section shall receive additional State
12    financial support as appropriated by the General Assembly.
13        (b)  After  this  base  sum  has  been  established,  the
14    Department shall enter into an agreement with  the  Authority
15    whereby the Department will agree to do one of the following:
16             (i)  Subject  to annual appropriation by the General
17        Assembly, to pay annually to the Authority from the MEAOB
18        Fund, (A) an amount equal to the interest  and  principal
19        cost  to the Authority of amortizing revenue bonds issued
20        by the Authority in an amount equal to the  base  sum  or
21        (B) an amount equal to the interest and principal cost to
22        a  unit  of  local  government  of  amortizing revenue or
23        general obligation bonds issued  by  the  unit  of  local
24        government  pursuant  to an intergovernmental cooperation
25        agreement with the Authority in an amount  equal  to  the
26        base  sum.  The amortization schedule for such revenue or
27        general obligation  bonds  shall  be  determined  by  the
28        Authority or the unit of local government and be approved
29        by the Department; or
30             (ii)  After  September  3,  1985,  to  provide State
31        financial support from the issuance of Bonds pursuant  to
32        Section  7  of  this  Act, the proceeds of which shall be
33        granted by the Department to the Authority in  an  amount
34        equal to the base sum, subject to annual appropriation by
 
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 1        the  General  Assembly.    After September 3, 1985, newly
 2        certified  applicants  shall  receive   State   financial
 3        support only in accordance with this subparagraph (ii).
 4        (iii) The issuance of Bonds pursuant to Section 7 of this
 5    Act  to  provide  State  financial  support,  as  provided in
 6    subparagraph (ii) above, shall be subject to the satisfaction
 7    of all the conditions contained in this Act required for  the
 8    issuance  of  Bonds,  including,  without  limitation,  those
 9    conditions contained in Section 9.  Any application certified
10    by  the  Director  as eligible for State financial support in
11    one fiscal year, but for which State financial support is not
12    provided during  such  fiscal  year,  shall  continue  to  be
13    certified   as   eligible  for  State  financial  support  in
14    subsequent fiscal years.
15        (4)  Prior to  July  1,  1989,  the  Director  shall  not
16    certify   an   applicant  Authority  as  eligible  for  State
17    Financial Support unless he  receives  written  certification
18    from  the  Budget  Director  that  the  revenues for the last
19    completed fiscal year paid  into  the  MEAOB  Fund  equal  or
20    exceed  175% of the annual debt service required with respect
21    to  Bonds  and   Local   Bonds   for   previously   certified
22    applications  and  the  application then under consideration.
23    For the fiscal year beginning July 1, 1989, and  each  fiscal
24    year  thereafter, the Director shall not certify an applicant
25    Authority as eligible for State Financial Support  unless  he
26    receives  written certification from the Budget Director that
27    the amount to be certified by the Director, when added to all
28    other amounts previously certified by the Director and funded
29    from the proceeds of Bonds, does  not  exceed  the  estimated
30    proceeds  available  under  this Act to fund civic center and
31    library projects from the proceeds of Bonds to be issued  and
32    sold  after  July  1, 1989 pursuant to Section 7 of this Act.
33    The  total  aggregate  amount   of   principal   issued   and
34    outstanding  in  Bonds  and  in  Local Bonds subject to State
 
SB745 Engrossed             -269-              LRB9101253EGfg
 1    financial support under subsection (3)(b) above at any  given
 2    time  for  all  Authorities  shall  not  exceed  the  sum  of
 3    $200,000,000. Bonds and Local Bonds (or portions thereof) for
 4    which  there shall be delivered to an escrow agent or trustee
 5    for the benefit of the  holders  thereof  either  cash  or  a
 6    combination of cash and direct obligations of, or obligations
 7    the  principal and interest on which are fully guaranteed by,
 8    the United States of  America  shall  be  deemed  not  to  be
 9    outstanding  for  the  purpose  of  any  determination of, or
10    certification relating to, debt service coverage required  by
11    this  Act  to  the  extent that the principal of, premium, if
12    any, and interest on such bonds are payable from  the  amount
13    so  delivered  and  any income or increment to accrue thereon
14    (without consideration of any reinvestment  thereof).   Bonds
15    and  Local  Bonds (or portions thereof) for which there shall
16    be delivered to an escrow agent or trustee for the benefit of
17    the holders thereof either cash or a combination of cash  and
18    direct  obligations  of,  or  obligations  the  principal and
19    interest on which are fully guaranteed by, the United  States
20    of  America  shall  be  deemed  not to be outstanding for the
21    purpose of any determination of,  or  certification  relating
22    to, the aggregate amount of Bonds and Local Bonds outstanding
23    at  any  given  time  under  this  Act to the extent that the
24    principal of and premium, if any, on such bonds  are  payable
25    from  the  amount so delivered and any income or increment to
26    accrue thereon (without  consideration  of  any  reinvestment
27    thereof).
28    (Source: P.A. 87-738; 88-245; revised 10-31-98.)

29        Section  52.   The  Architectural,  Engineering, and Land
30    Surveying Qualifications Based Selection Act  is  amended  by
31    changing Section 30 as follows:

32        (30 ILCS 535/30) (from Ch. 127, par. 4151-30)
 
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 1        Sec.  30.   Evaluation  procedure.   A State agency shall
 2    evaluate the firms submitting letters of interest  and  other
 3    prequalified  firms,  taking into account qualifications; and
 4    the State agency may consider, but shall not  be  limited  to
 5    considering,  ability  of professional personnel, past record
 6    and experience, performance data on file, willingness to meet
 7    time requirements, location, workload of  the  firm  and  any
 8    other  qualifications  based  factors as the State agency may
 9    determine in writing are applicable.  The  State  agency  may
10    conduct  discussions with and require public presentations by
11    firms  deemed  to  be  the  most  qualified  regarding  their
12    qualifications,  approach  to  the  project  and  ability  to
13    furnish the required services.
14        A State agency shall  establish  a  committee  to  select
15    firms   to   provide  architectural,  engineering,  and  land
16    surveying services.  A selection  committee  may  include  at
17    least  one public member nominated by a statewide association
18    of the profession affected.  The public  member  may  not  be
19    employed  or associated with any firm holding a contract with
20    the State agency nor may the public member's members' firm be
21    considered for a contract with that State agency while he  or
22    she is serving as a public member of the committee.
23        In  no  case  shall  a State agency, prior to selecting a
24    firm  for  negotiation  under  Section  40,  seek  formal  or
25    informal submission of verbal or written estimates  of  costs
26    or  proposals in terms of dollars, hours required, percentage
27    of construction cost, or any other measure of compensation.
28    (Source: P.A. 87-673; revised 10-31-98.)

29        Section 53.  The International Anti-Boycott Certification
30    Act is amended by changing Section 5 as follows:

31        (30 ILCS 582/5)
32        Sec. 5.  State contracts.  Every contract entered into by
 
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 1    the State of Illinois for  the  manufacture,  furnishing,  or
 2    purchasing  of  supplies,  material,  or equipment or for the
 3    furnishing  of  work,  labor,  or  services,  in  an   amount
 4    exceeding   the  threshold  threshhold  for  small  purchases
 5    according to the purchasing laws of  this State  or  $10,000,
 6    whichever is less, shall contain certification, as a material
 7    condition  of  the  contract,  by which the contractor agrees
 8    that  neither  the  contractor  nor  any  substantially-owned
 9    affiliated company is participating or shall  participate  in
10    an  international  boycott  in violation of the provisions of
11    the U.S. Export Administration Act of 1979 or the regulations
12    of the U.S. Department of  Commerce  promulgated  under  that
13    Act.
14    (Source: P.A. 88-671, eff. 12-14-94; revised 10-31-98.)

15        Section  54.  The Intergovernmental Drug Laws Enforcement
16    Act is amended by changing Section 2 as follows:

17        (30 ILCS 715/2) (from Ch. 56 1/2, par. 1702)
18        Sec.  2.   As  used  in  this  Act,  unless  the  context
19    otherwise requires, the terms specified in  Sections  Section
20    2.01 through 2.05 have the meanings ascribed to them in those
21    Sections.
22    (Source: P.A. 88-677, eff. 12-15-94; revised 10-31-98.)

23        Section  55.   The Comprehensive Solar Energy Act of 1977
24    is amended by changing Sections 1.1 and 2.1 as follows:

25        (30 ILCS 725/1.1) (from Ch. 96 1/2, par. 7302)
26        Sec. 1.1.  Legislative Findings.   The  General  Assembly
27    finds:
28        (a)  that  the  public health, safety, and welfare of the
29    People of the State of  Illinois  require  that  an  adequate
30    supply of energy be made available to them at all times;
 
SB745 Engrossed             -272-              LRB9101253EGfg
 1        (b)  that at the present time existing energy sources are
 2    becoming more limited;
 3        (c)  that   it   is   the  responsibility  of  the  State
 4    government to encourage, the  use  of  alternative  renewable
 5    energy sources;
 6        (d)  that  solar  energy  systems  are  an  effective and
 7    feasible means  of  reducing  the  dependence  of  the  State
 8    government  and  the  People of the State on non-State energy
 9    sources and of conserving  valuable  fossil  fuel  and  other
10    non-renewable energy sources; and
11        (e)  that  it  is  in the public interest to define solar
12    energy systems, demonstrate solar energy  feasibility,  apply
13    incentives  for  using  solar  energy,  educate the public on
14    solar  feasibility,  study  solar  energy  application,   and
15    coordinate governmental programs affecting solar energy.
16    (Source: P.A. 80-430; revised 10-31-98.)

17        (30 ILCS 725/2.1) (from Ch. 96 1/2, par. 7304)
18        Sec. 2.1.  Delegation of Authority.
19        (a)  There  is  created  the Illinois Comprehensive Solar
20    Energy Program,  hereinafter  referred  to  as  the  Program,
21    elements  of  which are specified in Sections 2.1 through 8.2
22    of this Act.
23        (b)  Primary  authority  and   responsibility   for   the
24    supervision  and  implementation  of the Program is vested in
25    the Department.
26        (c)  The Director of the Department shall carry  out  the
27    Program  and;  shall  accept, receive, expend, and administer
28    for the benefit of the  People  of  this  State,  any  gifts,
29    grants,  legacies,  or  other  funds or monies made available
30    from either public or private sources.
31        (d)  The   Department   shall   acquire    and    collect
32    information;  shall  represent the State before all agencies,
33    governmental bodies, or commissions;  and;  shall  promulgate
 
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 1    necessary regulations.
 2    (Source: P.A. 83-388; revised 10-31-98.)

 3        Section  56.   The Downstate Public Transportation Act is
 4    amended by changing Sections 2-2.02, 2-7, 3-1.04, and  3-1.09
 5    as follows:

 6        (30 ILCS 740/2-2.02) (from Ch. 111 2/3, par. 662.02)
 7        Sec. 2-2.02. "Participant" means:
 8        (1)  a  city,  village,  or incorporated town, or a local
 9    mass transit district organized under the Local Mass  Transit
10    District  Act,  (a)  serving an urbanized area of over 50,000
11    population on December 28, 1989, or (b) receiving State  mass
12    transportation   operating   assistance   pursuant   to   the
13    "Downstate  Public  Transportation  Act"  during  Fiscal Year
14    1979, or  (c)  serving  a  nonurbanized  area  and  receiving
15    federal   rural   public  transportation  assistance  on  the
16    effective date of this amendatory Act of 1993;, or
17        (2)  any Metro-East Transit District established pursuant
18    to Section 3  of  the  "Local  Mass  Transit  District  Act",
19    approved  July  21, 1959, as amended, and serving one or more
20    of the Counties of Madison,  Monroe,  and  St.  Clair  during
21    Fiscal  Year  1989, all located outside the boundaries of the
22    Regional Transportation Authority as established pursuant  to
23    the   "Regional   Transportation   Authority  Act",  approved
24    December 12, 1973, as amended.
25    (Source: P.A. 88-450; revised 10-31-98.)

26        (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
27        Sec. 2-7. Quarterly reports; annual audit.
28        (a)  Any Metro-East Transit District  participant  shall,
29    no  later than 30 days following the end of each month of any
30    fiscal year, file with the Department on  forms  provided  by
31    the  Department  for  that  purpose,  a  report of the actual
 
SB745 Engrossed             -274-              LRB9101253EGfg
 1    operating  deficit  experienced  during  that  quarter.   The
 2    Department  shall,  upon receipt of the quarterly report, and
 3    upon determining that such operating  deficits were  incurred
 4    in  conformity  with  the  program  of  proposed expenditures
 5    approved by the Department pursuant to Section 2-11,  pay  to
 6    any  Metro-East  Transit District participant such portion of
 7    such operating deficit as funds have been transferred to  the
 8    Metro-East  Transit  Public Transportation Fund and allocated
 9    to that Metro-East Transit District participant.
10        (b)  Each participant other than any  Metro-East  Transit
11    District  participant  shall,  30 days before the end of each
12    quarter, file with the Department on forms  provided  by  the
13    Department  for  such  purposes  a  report  of  the projected
14    eligible operating  expenses  to  be  incurred  in  the  next
15    quarter  and  30 days before the third and fourth quarters of
16    any fiscal year a  statement  of  actual  eligible  operating
17    expenses  incurred in the preceding quarters.  Within 45 days
18    of receipt by the Department of such  quarterly  report,  the
19    Comptroller shall order paid and the Treasurer shall pay from
20    the  Downstate Public Transportation Fund to each participant
21    an amount equal to one-third of such  participant's  eligible
22    operating  expenses;  provided,  however, that in Fiscal Year
23    1997, the amount paid to each participant from the  Downstate
24    Public Transportation Fund shall be an amount equal to 47% of
25    such  participant's  eligible operating expenses and shall be
26    increased to 49% in Fiscal Year  1998,  51%  in  Fiscal  Year
27    1999,  53%  in  Fiscal Year 2000, and 55% in Fiscal Year 2001
28    and thereafter; however,  in  any  year  that  a  participant
29    receives  funding under paragraph (9) of Section 49.19 of the
30    Civil Administrative Code of Illinois, that participant shall
31    be eligible  only  for  assistance  equal  to  the  following
32    percentage  of its eligible operating expenses: 42% in Fiscal
33    Year 1997, 44% in Fiscal Year 1998, 46% in Fiscal Year  1999,
34    48%  in  Fiscal  Year  2000,  and 50% in Fiscal Year 2001 and
 
SB745 Engrossed             -275-              LRB9101253EGfg
 1    thereafter.  Any  such  payment  for  the  third  and  fourth
 2    quarters of any fiscal year  shall  be  adjusted  to  reflect
 3    actual  eligible operating expenses for preceding quarters of
 4    such fiscal year. However, no participant  shall  receive  an
 5    amount  less  than  that  which was received in the immediate
 6    prior year, provided in the event of a shortfall in the  fund
 7    those  participants receiving less than their full allocation
 8    pursuant to Section 2-6 6 of this Article shall be the  first
 9    participants   to  receive  an  amount  not  less  than  that
10    received in the immediate prior year.
11        (c)  No later than 180 days following the last day of the
12    Fiscal Year each participant  shall  provide  the  Department
13    with  an  audit  prepared  by  a  Certified Public Accountant
14    covering that  Fiscal  Year.   Any  discrepancy  between  the
15    grants  paid and one-third of the eligible operating expenses
16    or in the  case  of  the  Bi-State  Metropolitan  Development
17    District  the  approved program amount shall be reconciled by
18    appropriate payment or credit. Beginning in Fiscal Year 1985,
19    for those participants other than the  Bi-State  Metropolitan
20    Development District, any discrepancy between the grants paid
21    and   the  percentage  of  the  eligible  operating  expenses
22    provided for by  paragraph  (b)  of  this  Section  shall  be
23    reconciled by appropriate payment or credit.
24    (Source: P.A. 89-598, eff. 8-1-96; revised 10-31-98.)

25        (30 ILCS 740/3-1.04) (from Ch. 111 2/3, par. 685)
26        Sec.  3-1.04.  "Eligible  operating expenses" means those
27    expenses required to provide public transportation, including
28    drivers wages and benefits,  mechanics  wages  and  benefits,
29    contract   maintenance   services,   materials  and  supplies
30    directly related to  transit  and  maintenance  of  vehicles,
31    fuels  and  lubricants,  rentals or leases of vehicles, taxes
32    other than  income  taxes,  payment  made  for  debt  service
33    (including   principal   and   interest)  on  publicly  owned
 
SB745 Engrossed             -276-              LRB9101253EGfg
 1    equipment and facilities, and any other expenditure which  is
 2    an   operating   expense  according  to  standard  accounting
 3    practices for the  providing  of  public  transportation  and
 4    which  is not defined as an "eligible administrative expense"
 5    by Section 3-1.09 of this Article.
 6        "Eligible   operating   expenses"   shall   not   include
 7    allowances: (a) for depreciation whether funded or  unfunded;
 8    (b)  for  amortization  of any intangible costs; (c) for debt
 9    service on capital acquired with the  assistance  of  capital
10    grant  funds  provided  by  the  State  of  Illinois; (d) for
11    profits or return on investments; (e) for  excessive  payment
12    to   associated  entities;  (f)  for  cost  reimbursed  under
13    Sections Section 6 and 8 of the  "Urban  Mass  Transportation
14    Act of 1964", as amended; (g) for entertainment expenses; (h)
15    for  charter  expenses;  (i) for fines and penalties; (j) for
16    charitable donations; (k) for interest expense on  long  term
17    borrowing  and  debt  retirement other than on publicly owned
18    equipment or  facilities;  (l)  for  income  taxes;  (m)  for
19    expenses  defined  as  "eligible  administrative expenses" in
20    Section 3-1.09  of  this  Article;  or  (n)  for  such  other
21    expenses  as  the  Department  may  determine consistent with
22    federal  Department   of   Transportation   regulations   and
23    requirements.
24    (Source: P.A. 83-1471; revised 10-31-98.)

25        (30 ILCS 740/3-1.09) (from Ch. 111 2/3, par. 689.1)
26        Sec.  3-1.09.   "Eligible  administrative expenses" means
27    those expenses required  to  provide  public  transportation,
28    other  than those defined as "eligible operating expenses" in
29    Section 3-1.04 of this Act, including, but  not  limited  to,
30    general,  administrative  and overhead costs such as salaries
31    of the project director, office personnel such  as  secretary
32    and   bookkeeper,   office   supplies,   facilities,  rental,
33    insurance, marketing, and interest on  short-term  loans  for
 
SB745 Engrossed             -277-              LRB9101253EGfg
 1    operating  assistance.   "Eligible  administrative  expenses"
 2    shall  not  include  allowances: (a) for depreciation whether
 3    funded or unfunded; (b) for amortization  of  any  intangible
 4    costs;  (c)  for  debt  service  on capital acquired with the
 5    assistance of capital grant funds provided by  the  State  of
 6    Illinois;  (d)  for profits or return on investments; (e) for
 7    excessive payment  to  associated  entities;  (f)  for  costs
 8    reimbursed  under Sections Section 6 and 8 of the "Urban Mass
 9    Transportation  Act   of   1964",   as   amended;   (g)   for
10    entertainment  expenses;  (h)  for  charter expenses; (i) for
11    fines and penalties; (j) for charitable  donations;  (k)  for
12    interest  expense  on long term borrowing and debt retirement
13    other than on publicly owned equipment or facilities; (l) for
14    income taxes; (m) for those  expenses  defined  as  "eligible
15    operating  expenses" under Section 3-1.04 of this Article; or
16    (n)  or  for  such  other  expenses  as  the  Department  may
17    determine   consistent    with    federal    Department    of
18    Transportation regulations and requirements.
19    (Source: P.A. 83-1471; revised 10-31-98.)

20        Section  57.   The  Build  Illinois  Act  is  amended  by
21    changing Section 3-7 as follows:

22        (30 ILCS 750/3-7) (from Ch. 127, par. 2703-7)
23        Sec.  3-7.  Powers and Duties.  The Department shall have
24    the following powers and duties:
25        (1)  To make grants and loans to, and  accept  guarantees
26    from,  universities, research institutions and businesses for
27    the purposes of this Article.  Any loan or  series  of  loans
28    shall be limited to an amount not to exceed $2,500,000 or 50%
29    of the total project cost, whichever is less.
30        (2)  To establish such interest rates, terms of repayment
31    and  other terms and conditions regarding loans made pursuant
32    to this  Act  as  the  Department  shall  deem  necessary  or
 
SB745 Engrossed             -278-              LRB9101253EGfg
 1    appropriate  to protect the public interest and carry out the
 2    purposes of this Article.
 3        (3)  To accept grants, loans or appropriations  from  the
 4    federal  government  or  any  private  entity  to be used for
 5    purposes similar to this program and to enter into contracts
 6    contacts and agreements in connection with such grants, loans
 7    or appropriations.
 8        (4)  To adopt such rules and regulations as are necessary
 9    for the administration of this Article.
10    (Source: P.A. 84-109; revised 10-31-98.)

11        Section 58.  The State Mandates Act is amended by setting
12    forth and renumbering multiple versions of Section  8.21  and
13    changing Section 8.22 as follows:

14        (30 ILCS 805/8.21)
15        Sec.  8.21.  Exempt  mandate.  Notwithstanding Sections 6
16    and 8 of this Act, no reimbursement by the State is  required
17    for  the  implementation of any mandate created by Public Act
18    89-705,  89-718,  90-4,  90-7,  90-27,  9-28,  90-31,  90-32,
19    90-186,  90-204,  90-258,  90-288,  90-350,  90-448,  90-460,
20    90-497, 90-511, 90-524, 90-531, 90-535, or 90-551.
21    (Source: P.A. 89-683, eff. 6-1-97  (repealed  by  P.A.  90-6,
22    eff.  6-3-97);  89-705,  eff.  1-31-97;  89-718, eff. 3-7-97;
23    90-4, eff. 3-7-97;  90-7, eff. 6-10-97; 90-27,  eff.  1-1-98;
24    90-31,  eff.  6-27-97;  90-32,  eff.  6-27-97;  90-186,  eff.
25    7-24-97;  90-204, eff. 7-25-97; 90-258, eff. 7-30-97; 90-288,
26    eff. 8-1-97;  90-350,  eff,  1-1-98;  90-448,  eff.  8-16-97;
27    90-460,  eff.  8-17-97;  90-497,  eff.  8-18-97; 90-511, eff.
28    8-22-97; 90-524, eff. 1-1-98; 90-531,  eff.  1-1-98;  90-535,
29    eff. 11-14-97; 90-551, eff. 12-12-97; 90-655, eff. 7-30-98.)

30        (30 ILCS 805/8.22)
31        Sec.   8.22.   8.21.   Exempt  mandate.   Notwithstanding
 
SB745 Engrossed             -279-              LRB9101253EGfg
 1    Sections 6 and 8 of this Act, no reimbursement by  the  State
 2    is  required for the implementation of any mandate created by
 3    Public Act 90-525, 90-568, 90-576,  90-582,  90-679,  90-737,
 4    90-741, or 90-766 this amendatory Act of 1998 1997.
 5    (Source:  P.A.  90-568,  eff.  1-1-99;  90-576, eff. 3-31-98;
 6    90-582, eff. 5-27-98;  90-679,  eff.  7-31-98;  90-737,  eff.
 7    1-1-99;  90-741,  eff.  1-1-99; 90-766, eff. 8-14-98; 90-807,
 8    eff. 12-2-98; revised 9-23-98.)

 9        Section 59.  The Illinois Income Tax Act  is  amended  by
10    changing Sections 201, 203, 204, and 509 as follows:

11        (35 ILCS 5/201) (from Ch. 120, par. 2-201)
12        Sec. 201.  Tax Imposed.
13        (a)  In  general.  A tax measured by net income is hereby
14    imposed on every individual, corporation,  trust  and  estate
15    for  each  taxable  year  ending  after  July 31, 1969 on the
16    privilege of earning or receiving income in or as a  resident
17    of  this  State.  Such  tax shall be in addition to all other
18    occupation or privilege taxes imposed by this State or by any
19    municipal corporation or political subdivision thereof.
20        (b)  Rates. The tax imposed by  subsection  (a)  of  this
21    Section shall be determined as follows:
22             (1)  In  the case of an individual, trust or estate,
23        for taxable years ending prior to July 1, 1989, an amount
24        equal to 2 1/2% of the  taxpayer's  net  income  for  the
25        taxable year.
26             (2)  In  the case of an individual, trust or estate,
27        for taxable years beginning prior to  July  1,  1989  and
28        ending after June 30, 1989, an amount equal to the sum of
29        (i)  2  1/2%  of the taxpayer's net income for the period
30        prior to July 1, 1989, as calculated under Section 202.3,
31        and (ii) 3% of the taxpayer's net income for  the  period
32        after June 30, 1989, as calculated under Section 202.3.
 
SB745 Engrossed             -280-              LRB9101253EGfg
 1             (3)  In  the case of an individual, trust or estate,
 2        for taxable years  beginning  after  June  30,  1989,  an
 3        amount  equal  to 3% of the taxpayer's net income for the
 4        taxable year.
 5             (4)  (Blank).
 6             (5)  (Blank).
 7             (6)  In the case of a corporation, for taxable years
 8        ending prior to July 1, 1989, an amount equal  to  4%  of
 9        the taxpayer's net income for the taxable year.
10             (7)  In the case of a corporation, for taxable years
11        beginning prior to July 1, 1989 and ending after June 30,
12        1989,  an  amount  equal  to  the  sum  of  (i) 4% of the
13        taxpayer's net income for the period  prior  to  July  1,
14        1989, as calculated under Section 202.3, and (ii) 4.8% of
15        the  taxpayer's  net income for the period after June 30,
16        1989, as calculated under Section 202.3.
17             (8)  In the case of a corporation, for taxable years
18        beginning after June 30, 1989, an amount equal to 4.8% of
19        the taxpayer's net income for the taxable year.
20        (c)  Beginning  on  July  1,  1979  and  thereafter,   in
21    addition to such income tax, there is also hereby imposed the
22    Personal  Property Tax Replacement Income Tax measured by net
23    income  on  every   corporation   (including   Subchapter   S
24    corporations),  partnership  and trust, for each taxable year
25    ending after June 30, 1979.  Such taxes are  imposed  on  the
26    privilege  of earning or receiving income in or as a resident
27    of this State.  The Personal Property Tax Replacement  Income
28    Tax  shall  be  in  addition  to  the  income  tax imposed by
29    subsections (a) and (b) of this Section and  in  addition  to
30    all other occupation or privilege taxes imposed by this State
31    or  by  any  municipal  corporation  or political subdivision
32    thereof.
33        (d)  Additional Personal Property Tax Replacement  Income
34    Tax  Rates.  The personal property tax replacement income tax
 
SB745 Engrossed             -281-              LRB9101253EGfg
 1    imposed by this subsection and subsection (c) of this Section
 2    in the case of a  corporation,  other  than  a  Subchapter  S
 3    corporation,  shall be an additional amount equal to 2.85% of
 4    such taxpayer's net income for the taxable year, except  that
 5    beginning  on  January  1,  1981, and thereafter, the rate of
 6    2.85% specified in this subsection shall be reduced to  2.5%,
 7    and  in  the  case  of a partnership, trust or a Subchapter S
 8    corporation shall be an additional amount equal  to  1.5%  of
 9    such taxpayer's net income for the taxable year.
10        (e)  Investment  credit.   A  taxpayer shall be allowed a
11    credit against the Personal Property Tax  Replacement  Income
12    Tax for investment in qualified property.
13             (1)  A  taxpayer  shall be allowed a credit equal to
14        .5% of the basis of qualified property placed in  service
15        during the taxable year, provided such property is placed
16        in  service  on  or  after  July 1, 1984.  There shall be
17        allowed an additional credit equal to .5% of the basis of
18        qualified property placed in service during  the  taxable
19        year,  provided  such property is placed in service on or
20        after July 1, 1986, and the  taxpayer's  base  employment
21        within  Illinois  has  increased  by  1% or more over the
22        preceding year as determined by the taxpayer's employment
23        records filed with the Illinois Department of  Employment
24        Security.   Taxpayers  who  are  new to Illinois shall be
25        deemed to have met the 1% growth in base  employment  for
26        the first year in which they file employment records with
27        the  Illinois  Department  of  Employment  Security.  The
28        provisions added to this Section by  Public  Act  85-1200
29        (and restored by Public Act 87-895) shall be construed as
30        declaratory  of  existing law and not as a new enactment.
31        If, in any year, the increase in base  employment  within
32        Illinois  over  the  preceding  year is less than 1%, the
33        additional credit shall be  limited  to  that  percentage
34        times  a  fraction, the numerator of which is .5% and the
 
SB745 Engrossed             -282-              LRB9101253EGfg
 1        denominator of which is 1%, but  shall  not  exceed  .5%.
 2        The  investment credit shall not be allowed to the extent
 3        that it would reduce a taxpayer's liability  in  any  tax
 4        year  below  zero,  nor  may  any  credit  for  qualified
 5        property  be  allowed for any year other than the year in
 6        which the property was placed in service in Illinois. For
 7        tax years ending on or after December 31, 1987, and on or
 8        before December 31, 1988, the credit shall be allowed for
 9        the tax year in which the property is placed in  service,
10        or, if the amount of the credit exceeds the tax liability
11        for  that year, whether it exceeds the original liability
12        or the liability as later amended,  such  excess  may  be
13        carried forward and applied to the tax liability of the 5
14        taxable  years  following  the excess credit years if the
15        taxpayer (i) makes investments which cause  the  creation
16        of  a  minimum  of  2,000  full-time  equivalent  jobs in
17        Illinois,  (ii)  is  located  in   an   enterprise   zone
18        established  pursuant to the Illinois Enterprise Zone Act
19        and (iii) is certified by the Department of Commerce  and
20        Community  Affairs  as  complying  with  the requirements
21        specified in clause (i) and (ii) by July  1,  1986.   The
22        Department of Commerce and Community Affairs shall notify
23        the  Department  of  Revenue  of  all such certifications
24        immediately. For tax  years  ending  after  December  31,
25        1988,  the  credit  shall  be allowed for the tax year in
26        which the property is  placed  in  service,  or,  if  the
27        amount  of  the credit exceeds the tax liability for that
28        year, whether it exceeds the original  liability  or  the
29        liability  as  later  amended, such excess may be carried
30        forward and applied to the tax liability of the 5 taxable
31        years following the excess credit years. The credit shall
32        be applied to the earliest year  for  which  there  is  a
33        liability. If there is credit from more than one tax year
34        that  is  available to offset a liability, earlier credit
 
SB745 Engrossed             -283-              LRB9101253EGfg
 1        shall be applied first.
 2             (2)  The term "qualified  property"  means  property
 3        which:
 4                  (A)  is   tangible,   whether   new   or  used,
 5             including buildings  and  structural  components  of
 6             buildings  and signs that are real property, but not
 7             including land or improvements to real property that
 8             are not a structural component of a building such as
 9             landscaping,  sewer  lines,  local   access   roads,
10             fencing, parking lots, and other appurtenances;
11                  (B)  is  depreciable pursuant to Section 167 of
12             the  Internal  Revenue  Code,  except  that  "3-year
13             property" as defined in Section 168(c)(2)(A) of that
14             Code is not eligible for the credit provided by this
15             subsection (e);
16                  (C)  is acquired  by  purchase  as  defined  in
17             Section 179(d) of the Internal Revenue Code;
18                  (D)  is  used  in Illinois by a taxpayer who is
19             primarily engaged in  manufacturing,  or  in  mining
20             coal or fluorite, or in retailing; and
21                  (E)  has  not  previously been used in Illinois
22             in such a manner and  by  such  a  person  as  would
23             qualify  for  the credit provided by this subsection
24             (e) or subsection (f).
25             (3)  For   purposes   of   this   subsection    (e),
26        "manufacturing" means the material staging and production
27        of  tangible  personal  property  by  procedures commonly
28        regarded as manufacturing,  processing,  fabrication,  or
29        assembling  which changes some existing material into new
30        shapes, new qualities, or new combinations.  For purposes
31        of this subsection (e) the term "mining" shall  have  the
32        same  meaning  as  the term "mining" in Section 613(c) of
33        the  Internal  Revenue  Code.   For  purposes   of   this
34        subsection  (e),  the  term "retailing" means the sale of
 
SB745 Engrossed             -284-              LRB9101253EGfg
 1        tangible  personal  property  or  services  rendered   in
 2        conjunction  with  the sale of tangible consumer goods or
 3        commodities.
 4             (4)  The basis of qualified property  shall  be  the
 5        basis  used  to  compute  the  depreciation deduction for
 6        federal income tax purposes.
 7             (5)  If the basis of the property for federal income
 8        tax depreciation purposes is increased after it has  been
 9        placed in service in Illinois by the taxpayer, the amount
10        of  such  increase  shall  be  deemed  property placed in
11        service on the date of such increase in basis.
12             (6)  The term "placed in  service"  shall  have  the
13        same  meaning as under Section 46 of the Internal Revenue
14        Code.
15             (7)  If during any taxable year, any property ceases
16        to be qualified property in the  hands  of  the  taxpayer
17        within  48  months  after being placed in service, or the
18        situs of any qualified property is moved outside Illinois
19        within 48 months  after  being  placed  in  service,  the
20        Personal  Property  Tax  Replacement  Income Tax for such
21        taxable year shall be increased.  Such increase shall  be
22        determined by (i) recomputing the investment credit which
23        would  have been allowed for the year in which credit for
24        such property was originally allowed by eliminating  such
25        property from such computation and, (ii) subtracting such
26        recomputed  credit  from  the amount of credit previously
27        allowed. For  the  purposes  of  this  paragraph  (7),  a
28        reduction  of  the  basis of qualified property resulting
29        from a redetermination of the  purchase  price  shall  be
30        deemed  a disposition of qualified property to the extent
31        of such reduction.
32             (8)  Unless the investment  credit  is  extended  by
33        law,  the  basis  of qualified property shall not include
34        costs incurred after December 31, 2003, except for  costs
 
SB745 Engrossed             -285-              LRB9101253EGfg
 1        incurred  pursuant  to a binding contract entered into on
 2        or before December 31, 2003.
 3             (9)  Each taxable year, a partnership may  elect  to
 4        pass  through  to  its  partners the credits to which the
 5        partnership is entitled under this subsection (e) for the
 6        taxable year.  A partner may use the credit allocated  to
 7        him  or  her  under  this  paragraph only against the tax
 8        imposed in subsections (c) and (d) of this  Section.   If
 9        the  partnership makes that election, those credits shall
10        be allocated among the partners  in  the  partnership  in
11        accordance  with the rules set forth in Section 704(b) of
12        the Internal Revenue  Code,  and  the  rules  promulgated
13        under  that  Section,  and  the  allocated  amount of the
14        credits shall be allowed to the partners for that taxable
15        year.  The partnership shall make this  election  on  its
16        Personal  Property  Tax Replacement Income Tax return for
17        that taxable year.  The  election  to  pass  through  the
18        credits shall be irrevocable.
19        (f)  Investment credit; Enterprise Zone.
20             (1)  A  taxpayer  shall  be allowed a credit against
21        the tax imposed  by  subsections  (a)  and  (b)  of  this
22        Section  for  investment  in  qualified property which is
23        placed in service in an Enterprise Zone created  pursuant
24        to the Illinois Enterprise Zone Act. For partners and for
25        shareholders of Subchapter S corporations, there shall be
26        allowed   a  credit  under  this  subsection  (f)  to  be
27        determined in accordance with the determination of income
28        and distributive share of income under Sections  702  and
29        704  and  Subchapter  S of the Internal Revenue Code. The
30        credit shall be .5% of the basis for such property.   The
31        credit  shall  be  available  only in the taxable year in
32        which the property is placed in service in the Enterprise
33        Zone and shall not be allowed to the extent that it would
34        reduce a taxpayer's liability  for  the  tax  imposed  by
 
SB745 Engrossed             -286-              LRB9101253EGfg
 1        subsections  (a)  and  (b) of this Section to below zero.
 2        For tax years ending on or after December 31,  1985,  the
 3        credit  shall  be  allowed  for the tax year in which the
 4        property is placed in service, or, if the amount  of  the
 5        credit  exceeds  the tax liability for that year, whether
 6        it exceeds the original liability  or  the  liability  as
 7        later  amended,  such  excess  may be carried forward and
 8        applied to the tax  liability  of  the  5  taxable  years
 9        following  the  excess  credit  year. The credit shall be
10        applied to  the  earliest  year  for  which  there  is  a
11        liability. If there is credit from more than one tax year
12        that  is  available  to  offset  a  liability, the credit
13        accruing first in time shall be applied first.
14             (2)  The  term  qualified  property  means  property
15        which:
16                  (A)  is  tangible,   whether   new   or   used,
17             including  buildings  and  structural  components of
18             buildings;
19                  (B)  is depreciable pursuant to Section 167  of
20             the  Internal  Revenue  Code,  except  that  "3-year
21             property" as defined in Section 168(c)(2)(A) of that
22             Code is not eligible for the credit provided by this
23             subsection (f);
24                  (C)  is  acquired  by  purchase  as  defined in
25             Section 179(d) of the Internal Revenue Code;
26                  (D)  is used in  the  Enterprise  Zone  by  the
27             taxpayer; and
28                  (E)  has  not  been previously used in Illinois
29             in such a manner and  by  such  a  person  as  would
30             qualify  for  the credit provided by this subsection
31             (f) or subsection (e).
32             (3)  The basis of qualified property  shall  be  the
33        basis  used  to  compute  the  depreciation deduction for
34        federal income tax purposes.
 
SB745 Engrossed             -287-              LRB9101253EGfg
 1             (4)  If the basis of the property for federal income
 2        tax depreciation purposes is increased after it has  been
 3        placed in service in the Enterprise Zone by the taxpayer,
 4        the  amount  of  such  increase  shall be deemed property
 5        placed in service on the date of such increase in basis.
 6             (5)  The term "placed in  service"  shall  have  the
 7        same  meaning as under Section 46 of the Internal Revenue
 8        Code.
 9             (6)  If during any taxable year, any property ceases
10        to be qualified property in the  hands  of  the  taxpayer
11        within  48  months  after being placed in service, or the
12        situs of any qualified  property  is  moved  outside  the
13        Enterprise  Zone  within  48 months after being placed in
14        service, the tax imposed under subsections (a) and (b) of
15        this Section for such taxable year  shall  be  increased.
16        Such  increase shall be determined by (i) recomputing the
17        investment credit which would have been allowed  for  the
18        year  in  which  credit  for such property was originally
19        allowed  by   eliminating   such   property   from   such
20        computation,  and (ii) subtracting such recomputed credit
21        from the amount of credit previously  allowed.   For  the
22        purposes  of this paragraph (6), a reduction of the basis
23        of qualified property resulting from a redetermination of
24        the purchase price  shall  be  deemed  a  disposition  of
25        qualified property to the extent of such reduction.
26             (g)  Jobs  Tax  Credit;  Enterprise Zone and Foreign
27    Trade Zone or Sub-Zone.
28             (1)  A taxpayer conducting a trade or business in an
29        enterprise zone or a High Impact Business  designated  by
30        the   Department   of   Commerce  and  Community  Affairs
31        conducting a trade or business in a federally  designated
32        Foreign  Trade Zone or Sub-Zone shall be allowed a credit
33        against the tax imposed by subsections  (a)  and  (b)  of
34        this  Section in the amount of $500 per eligible employee
 
SB745 Engrossed             -288-              LRB9101253EGfg
 1        hired to work in the zone during the taxable year.
 2             (2)  To qualify for the credit:
 3                  (A)  the taxpayer must hire 5 or more  eligible
 4             employees to work in an enterprise zone or federally
 5             designated Foreign Trade Zone or Sub-Zone during the
 6             taxable year;
 7                  (B)  the taxpayer's total employment within the
 8             enterprise  zone  or  federally  designated  Foreign
 9             Trade  Zone  or  Sub-Zone must increase by 5 or more
10             full-time employees beyond  the  total  employed  in
11             that  zone  at  the end of the previous tax year for
12             which a jobs  tax  credit  under  this  Section  was
13             taken,  or beyond the total employed by the taxpayer
14             as of December 31, 1985, whichever is later; and
15                  (C)  the eligible employees  must  be  employed
16             180 consecutive days in order to be deemed hired for
17             purposes of this subsection.
18             (3)  An  "eligible  employee"  means an employee who
19        is:
20                  (A)  Certified by the  Department  of  Commerce
21             and  Community  Affairs  as  "eligible for services"
22             pursuant to regulations  promulgated  in  accordance
23             with  Title  II of the Job Training Partnership Act,
24             Training Services for the Disadvantaged or Title III
25             of the Job Training Partnership Act, Employment  and
26             Training Assistance for Dislocated Workers Program.
27                  (B)  Hired   after   the   enterprise  zone  or
28             federally designated Foreign Trade Zone or  Sub-Zone
29             was  designated or the trade or business was located
30             in that zone, whichever is later.
31                  (C)  Employed in the enterprise zone or Foreign
32             Trade Zone or Sub-Zone. An employee is  employed  in
33             an  enterprise  zone or federally designated Foreign
34             Trade Zone or Sub-Zone if his services are  rendered
 
SB745 Engrossed             -289-              LRB9101253EGfg
 1             there  or  it  is  the  base  of  operations for the
 2             services performed.
 3                  (D)  A full-time employee working  30  or  more
 4             hours per week.
 5             (4)  For  tax  years ending on or after December 31,
 6        1985 and prior to December 31, 1988, the credit shall  be
 7        allowed  for the tax year in which the eligible employees
 8        are hired.  For tax years ending on or after December 31,
 9        1988, the credit  shall  be  allowed  for  the  tax  year
10        immediately  following the tax year in which the eligible
11        employees are hired.  If the amount of the credit exceeds
12        the tax liability for that year, whether it  exceeds  the
13        original  liability  or  the  liability as later amended,
14        such excess may be carried forward and applied to the tax
15        liability of the 5 taxable  years  following  the  excess
16        credit year.  The credit shall be applied to the earliest
17        year  for  which there is a liability. If there is credit
18        from more than one tax year that is available to offset a
19        liability, earlier credit shall be applied first.
20             (5)  The Department of Revenue shall promulgate such
21        rules and regulations as may be deemed necessary to carry
22        out the purposes of this subsection (g).
23             (6)  The credit  shall  be  available  for  eligible
24        employees hired on or after January 1, 1986.
25             (h)  Investment credit; High Impact Business.
26             (1)  Subject to subsection (b) of Section 5.5 of the
27        Illinois Enterprise Zone Act, a taxpayer shall be allowed
28        a  credit  against the tax imposed by subsections (a) and
29        (b) of this Section for investment in qualified  property
30        which  is  placed  in service by a Department of Commerce
31        and Community Affairs designated  High  Impact  Business.
32        The  credit  shall be .5% of the basis for such property.
33        The credit shall  not  be  available  until  the  minimum
34        investments  in  qualified  property set forth in Section
 
SB745 Engrossed             -290-              LRB9101253EGfg
 1        5.5  of  the  Illinois  Enterprise  Zone  Act  have  been
 2        satisfied and shall not be allowed to the extent that  it
 3        would  reduce  a taxpayer's liability for the tax imposed
 4        by subsections (a) and (b) of this Section to below zero.
 5        The credit applicable to such minimum  investments  shall
 6        be  taken  in  the  taxable  year  in  which such minimum
 7        investments  have  been  completed.    The   credit   for
 8        additional investments beyond the minimum investment by a
 9        designated  high  impact business shall be available only
10        in the taxable year in which the property  is  placed  in
11        service  and  shall  not be allowed to the extent that it
12        would reduce a taxpayer's liability for the  tax  imposed
13        by subsections (a) and (b) of this Section to below zero.
14        For  tax  years ending on or after December 31, 1987, the
15        credit shall be allowed for the tax  year  in  which  the
16        property  is  placed in service, or, if the amount of the
17        credit exceeds the tax liability for that  year,  whether
18        it  exceeds  the  original  liability or the liability as
19        later amended, such excess may  be  carried  forward  and
20        applied  to  the  tax  liability  of  the 5 taxable years
21        following the excess credit year.  The  credit  shall  be
22        applied  to  the  earliest  year  for  which  there  is a
23        liability.  If there is credit from  more  than  one  tax
24        year  that is available to offset a liability, the credit
25        accruing first in time shall be applied first.
26             Changes made in this subdivision  (h)(1)  by  Public
27        Act 88-670 restore changes made by Public Act 85-1182 and
28        reflect existing law.
29             (2)  The  term  qualified  property  means  property
30        which:
31                  (A)  is   tangible,   whether   new   or  used,
32             including buildings  and  structural  components  of
33             buildings;
34                  (B)  is  depreciable pursuant to Section 167 of
 
SB745 Engrossed             -291-              LRB9101253EGfg
 1             the  Internal  Revenue  Code,  except  that  "3-year
 2             property" as defined in Section 168(c)(2)(A) of that
 3             Code is not eligible for the credit provided by this
 4             subsection (h);
 5                  (C)  is acquired  by  purchase  as  defined  in
 6             Section 179(d) of the Internal Revenue Code; and
 7                  (D)  is  not  eligible  for the Enterprise Zone
 8             Investment Credit provided by subsection (f) of this
 9             Section.
10             (3)  The basis of qualified property  shall  be  the
11        basis  used  to  compute  the  depreciation deduction for
12        federal income tax purposes.
13             (4)  If the basis of the property for federal income
14        tax depreciation purposes is increased after it has  been
15        placed in service in a federally designated Foreign Trade
16        Zone or Sub-Zone located in Illinois by the taxpayer, the
17        amount  of  such increase shall be deemed property placed
18        in service on the date of such increase in basis.
19             (5)  The term "placed in  service"  shall  have  the
20        same  meaning as under Section 46 of the Internal Revenue
21        Code.
22             (6)  If during any taxable year ending on or  before
23        December  31,  1996,  any property ceases to be qualified
24        property in the hands of the taxpayer  within  48  months
25        after  being  placed  in  service,  or  the  situs of any
26        qualified property is moved outside  Illinois  within  48
27        months  after  being  placed  in service, the tax imposed
28        under subsections (a) and (b) of this  Section  for  such
29        taxable  year shall be increased.  Such increase shall be
30        determined by (i) recomputing the investment credit which
31        would have been allowed for the year in which credit  for
32        such  property was originally allowed by eliminating such
33        property from such computation, and (ii) subtracting such
34        recomputed credit from the amount  of  credit  previously
 
SB745 Engrossed             -292-              LRB9101253EGfg
 1        allowed.   For  the  purposes  of  this  paragraph (6), a
 2        reduction of the basis of  qualified  property  resulting
 3        from  a  redetermination  of  the purchase price shall be
 4        deemed a disposition of qualified property to the  extent
 5        of such reduction.
 6             (7)  Beginning  with tax years ending after December
 7        31, 1996, if a taxpayer qualifies for  the  credit  under
 8        this   subsection  (h)  and  thereby  is  granted  a  tax
 9        abatement and the taxpayer relocates its entire  facility
10        in  violation  of  the  explicit  terms and length of the
11        contract under Section 18-183 of the Property  Tax  Code,
12        the  tax  imposed  under  subsections (a) and (b) of this
13        Section shall be increased for the taxable year in  which
14        the taxpayer relocated its facility by an amount equal to
15        the  amount of credit received by the taxpayer under this
16        subsection (h).
17        (i)  A credit shall be allowed against the tax imposed by
18    subsections (a) and (b) of this Section for the  tax  imposed
19    by  subsections  (c)  and  (d)  of this Section.  This credit
20    shall  be  computed  by  multiplying  the  tax   imposed   by
21    subsections  (c)  and  (d) of this Section by a fraction, the
22    numerator of which is base income allocable to  Illinois  and
23    the denominator of which is Illinois base income, and further
24    multiplying   the   product   by  the  tax  rate  imposed  by
25    subsections (a) and (b) of this Section.
26        Any credit earned on or after  December  31,  1986  under
27    this  subsection  which  is  unused in the year the credit is
28    computed because it exceeds  the  tax  liability  imposed  by
29    subsections (a) and (b) for that year (whether it exceeds the
30    original  liability or the liability as later amended) may be
31    carried forward and applied to the tax liability  imposed  by
32    subsections  (a) and (b) of the 5 taxable years following the
33    excess credit year.  This credit shall be  applied  first  to
34    the  earliest  year for which there is a liability.  If there
 
SB745 Engrossed             -293-              LRB9101253EGfg
 1    is a credit under this subsection from more than one tax year
 2    that is available to offset a liability the  earliest  credit
 3    arising under this subsection shall be applied first.
 4        If,  during  any taxable year ending on or after December
 5    31, 1986, the tax imposed by subsections (c) and (d) of  this
 6    Section  for which a taxpayer has claimed a credit under this
 7    subsection (i) is reduced, the amount of credit for such  tax
 8    shall also be reduced.  Such reduction shall be determined by
 9    recomputing  the  credit to take into account the reduced tax
10    imposed by subsection (c) and (d).  If  any  portion  of  the
11    reduced  amount  of  credit  has  been carried to a different
12    taxable year, an amended  return  shall  be  filed  for  such
13    taxable year to reduce the amount of credit claimed.
14        (j)  Training  expense  credit.  Beginning with tax years
15    ending on or after December 31, 1986,  a  taxpayer  shall  be
16    allowed  a  credit  against the tax imposed by subsection (a)
17    and (b) under this Section for all amounts paid  or  accrued,
18    on behalf of all persons employed by the taxpayer in Illinois
19    or  Illinois  residents  employed  outside  of  Illinois by a
20    taxpayer,  for  educational   or   vocational   training   in
21    semi-technical or technical fields or semi-skilled or skilled
22    fields,   which  were  deducted  from  gross  income  in  the
23    computation of taxable income.  The credit  against  the  tax
24    imposed  by  subsections  (a)  and  (b) shall be 1.6% of such
25    training expenses.  For  partners  and  for  shareholders  of
26    subchapter  S  corporations,  there shall be allowed a credit
27    under this subsection (j) to be determined in accordance with
28    the determination of income and distributive share of  income
29    under  Sections  702 and 704 and subchapter S of the Internal
30    Revenue Code.
31        Any credit allowed under this subsection which is  unused
32    in  the  year  the credit is earned may be carried forward to
33    each of the 5 taxable years following the year for which  the
34    credit is first computed until it is used.  This credit shall
 
SB745 Engrossed             -294-              LRB9101253EGfg
 1    be  applied  first  to the earliest year for which there is a
 2    liability.  If there is a credit under this  subsection  from
 3    more  than  one  tax  year  that  is  available  to  offset a
 4    liability the earliest credit arising under  this  subsection
 5    shall be applied first.
 6        (k)  Research and development credit.
 7        Beginning  with  tax  years  ending after July 1, 1990, a
 8    taxpayer shall be allowed a credit against the tax imposed by
 9    subsections (a)  and  (b)  of  this  Section  for  increasing
10    research  activities  in  this  State.   The  credit  allowed
11    against  the  tax imposed by subsections (a) and (b) shall be
12    equal to 6 1/2% of the qualifying expenditures for increasing
13    research activities in this State.
14        For   purposes   of    this    subsection,    "qualifying
15    expenditures"  means  the  qualifying expenditures as defined
16    for the federal credit  for  increasing  research  activities
17    which  would  be  allowable  under Section 41 of the Internal
18    Revenue  Code  and  which  are  conducted  in   this   State,
19    "qualifying  expenditures  for increasing research activities
20    in this State" means the excess  of  qualifying  expenditures
21    for  the  taxable  year  in  which  incurred  over qualifying
22    expenditures for the base  period,  "qualifying  expenditures
23    for  the  base  period"  means  the average of the qualifying
24    expenditures for each year in  the  base  period,  and  "base
25    period"  means  the 3 taxable years immediately preceding the
26    taxable year for which the determination is being made.
27        Any credit in excess of the tax liability for the taxable
28    year may be carried forward. A taxpayer may elect to have the
29    unused credit shown on its  final  completed  return  carried
30    over  as a credit against the tax liability for the following
31    5 taxable years or until it has been  fully  used,  whichever
32    occurs first.
33        If  an  unused  credit is carried forward to a given year
34    from 2 or more earlier years,  that  credit  arising  in  the
 
SB745 Engrossed             -295-              LRB9101253EGfg
 1    earliest year will be applied first against the tax liability
 2    for  the  given  year.  If a tax liability for the given year
 3    still remains, the credit from the next  earliest  year  will
 4    then  be applied, and so on, until all credits have been used
 5    or  no  tax  liability  for  the  given  year  remains.   Any
 6    remaining unused credit  or  credits  then  will  be  carried
 7    forward  to  the next following year in which a tax liability
 8    is incurred, except that no credit can be carried forward  to
 9    a year which is more than 5 years after the year in which the
10    expense for which the credit is given was incurred.
11        Unless  extended  by  law,  the  credit shall not include
12    costs incurred after December  31,  2004,  except  for  costs
13    incurred  pursuant  to  a binding contract entered into on or
14    before December 31, 2004.
15        (l)  Environmental Remediation Tax Credit.
16             (i)  For tax  years ending after December  31,  1997
17        and  on  or before December 31, 2001, a taxpayer shall be
18        allowed a credit against the tax imposed  by  subsections
19        (a)  and (b) of this Section for certain amounts paid for
20        unreimbursed eligible remediation costs, as specified  in
21        this   subsection.    For   purposes   of  this  Section,
22        "unreimbursed eligible  remediation  costs"  means  costs
23        approved  by the Illinois Environmental Protection Agency
24        ("Agency")  under  Section  58.14  of  the  Environmental
25        Protection Act that were paid in performing environmental
26        remediation at a site for which a No Further  Remediation
27        Letter  was  issued  by  the  Agency  and  recorded under
28        Section 58.10 of the Environmental Protection Act.    The
29        credit  must  be  claimed  for  the taxable year in which
30        Agency approval of  the  eligible  remediation  costs  is
31        granted.   The credit is not available to any taxpayer if
32        the taxpayer or any related party caused  or  contributed
33        to,  in  any  material  respect,  a  release of regulated
34        substances on, in, or under the site that was  identified
 
SB745 Engrossed             -296-              LRB9101253EGfg
 1        and addressed by the remedial action pursuant to the Site
 2        Remediation  Program of the Environmental Protection Act.
 3        After the  Pollution  Control  Board  rules  are  adopted
 4        pursuant to the Illinois Administrative Procedure Act for
 5        the administration and enforcement of Section 58.9 of the
 6        Environmental Protection Act, determinations as to credit
 7        availability  for  purposes of this Section shall be made
 8        consistent  with  those  rules.   For  purposes  of  this
 9        Section,  "taxpayer"  includes   a   person   whose   tax
10        attributes  the  taxpayer  has succeeded to under Section
11        381 of the Internal  Revenue  Code  and  "related  party"
12        includes the persons disallowed a deduction for losses by
13        paragraphs  (b),  (c),  and  (f)(1) of Section 267 of the
14        Internal Revenue  Code  by  virtue  of  being  a  related
15        taxpayer,  as  well  as  any of its partners.  The credit
16        allowed against the tax imposed by  subsections  (a)  and
17        (b)  shall  be  equal to 25% of the unreimbursed eligible
18        remediation costs in excess of $100,000 per site,  except
19        that  the  $100,000 threshold shall not apply to any site
20        contained in an enterprise  zone  as  determined  by  the
21        Department  of Commerce and Community Affairs.  The total
22        credit allowed shall not exceed $40,000 per year  with  a
23        maximum  total  of  $150,000  per site.  For partners and
24        shareholders of subchapter S corporations, there shall be
25        allowed a credit under this subsection to  be  determined
26        in  accordance  with  the  determination  of  income  and
27        distributive  share  of income under Sections 702 and 704
28        of subchapter S of the Internal Revenue Code.
29             (ii)  A credit allowed under this subsection that is
30        unused in the year the credit is earned  may  be  carried
31        forward to each of the 5 taxable years following the year
32        for  which  the  credit is first earned until it is used.
33        The term "unused credit" does not include any amounts  of
34        unreimbursed  eligible remediation costs in excess of the
 
SB745 Engrossed             -297-              LRB9101253EGfg
 1        maximum credit per site authorized under  paragraph  (i).
 2        This  credit  shall be applied first to the earliest year
 3        for which there is a liability.  If  there  is  a  credit
 4        under this subsection from more than one tax year that is
 5        available  to  offset  a  liability,  the earliest credit
 6        arising under this subsection shall be applied first.   A
 7        credit  allowed  under  this  subsection may be sold to a
 8        buyer as part of a sale of all or part of the remediation
 9        site for which the credit was granted.  The purchaser  of
10        a  remediation  site  and the tax credit shall succeed to
11        the unused credit and remaining carry-forward  period  of
12        the  seller.  To perfect the transfer, the assignor shall
13        record the transfer in the chain of title  for  the  site
14        and  provide  written  notice  to  the  Director  of  the
15        Illinois  Department  of Revenue of the assignor's intent
16        to sell the remediation site and the amount  of  the  tax
17        credit to be transferred as a portion of the sale.  In no
18        event  may a credit be transferred to any taxpayer if the
19        taxpayer or a related party would not be  eligible  under
20        the provisions of subsection (i).
21             (iii)  For purposes of this Section, the term "site"
22        shall  have the same meaning as under Section 58.2 of the
23        Environmental Protection Act.
24    (Source: P.A. 89-235,  eff.  8-4-95;  89-519,  eff.  7-18-96;
25    89-591,  eff.  8-1-96;  90-123,  eff.  7-21-97;  90-458, eff.
26    8-17-97; 90-605, eff. 6-30-98; 90-655, eff. 7-30-98;  90-717,
27    eff. 8-7-98; 90-792, eff. 1-1-99; revised 9-16-98.)

28        (35 ILCS 5/203) (from Ch. 120, par. 2-203)
29        Sec. 203.  Base income defined.
30        (a)  Individuals.
31             (1)  In general.  In the case of an individual, base
32        income  means  an amount equal to the taxpayer's adjusted
33        gross  income  for  the  taxable  year  as  modified   by
 
SB745 Engrossed             -298-              LRB9101253EGfg
 1        paragraph (2).
 2             (2)  Modifications.    The   adjusted  gross  income
 3        referred to in paragraph (1) shall be modified by  adding
 4        thereto the sum of the following amounts:
 5                  (A)  An  amount  equal  to  all amounts paid or
 6             accrued to the taxpayer  as  interest  or  dividends
 7             during  the taxable year to the extent excluded from
 8             gross income in the computation  of  adjusted  gross
 9             income,  except  stock dividends of qualified public
10             utilities  described  in  Section  305(e)   of   the
11             Internal Revenue Code;
12                  (B)  An  amount  equal  to  the  amount  of tax
13             imposed by this Act  to  the  extent  deducted  from
14             gross  income  in  the computation of adjusted gross
15             income for the taxable year;
16                  (C)  An amount equal  to  the  amount  received
17             during  the  taxable year as a recovery or refund of
18             real  property  taxes  paid  with  respect  to   the
19             taxpayer's principal residence under the Revenue Act
20             of  1939  and  for  which a deduction was previously
21             taken under subparagraph (L) of this  paragraph  (2)
22             prior to July 1, 1991, the retrospective application
23             date  of Article 4 of Public Act 87-17.  In the case
24             of  multi-unit  or  multi-use  structures  and  farm
25             dwellings, the taxes  on  the  taxpayer's  principal
26             residence  shall  be that portion of the total taxes
27             for the entire property  which  is  attributable  to
28             such principal residence;
29                  (D)  An  amount  equal  to  the  amount  of the
30             capital gain deduction allowable under the  Internal
31             Revenue  Code,  to  the  extent  deducted from gross
32             income in the computation of adjusted gross income;
33                  (D-5)  An amount, to the extent not included in
34             adjusted gross income, equal to the amount of  money
 
SB745 Engrossed             -299-              LRB9101253EGfg
 1             withdrawn by the taxpayer in the taxable year from a
 2             medical care savings account and the interest earned
 3             on  the  account in the taxable year of a withdrawal
 4             pursuant to subsection (b)  of  Section  20  of  the
 5             Medical Care Savings Account Act; and
 6                  (D-10)  For taxable years ending after December
 7             31,  1997,  an  amount   equal   to   any   eligible
 8             remediation  costs  that  the individual deducted in
 9             computing adjusted gross income and  for  which  the
10             individual  claims  a credit under subsection (l) of
11             Section 201;
12        and by deducting from the total so obtained  the  sum  of
13        the following amounts:
14                  (E)  Any  amount  included  in  such  total  in
15             respect  of  any  compensation  (including  but  not
16             limited  to  any  compensation  paid or accrued to a
17             serviceman while a prisoner of  war  or  missing  in
18             action)  paid  to  a  resident by reason of being on
19             active duty in the Armed Forces of the United States
20             and in respect of any compensation paid  or  accrued
21             to  a  resident who as a governmental employee was a
22             prisoner of war or missing in action, and in respect
23             of any compensation paid to a resident  in  1971  or
24             thereafter for annual training performed pursuant to
25             Sections  502  and 503, Title 32, United States Code
26             as a member of the Illinois National Guard;
27                  (F)  An amount equal to all amounts included in
28             such total pursuant to the  provisions  of  Sections
29             402(a),  402(c), 403(a), 403(b), 406(a), 407(a), and
30             408 of the Internal Revenue  Code,  or  included  in
31             such  total as distributions under the provisions of
32             any retirement or disability plan for  employees  of
33             any  governmental  agency  or  unit,  or  retirement
34             payments  to  retired  partners,  which payments are
 
SB745 Engrossed             -300-              LRB9101253EGfg
 1             excluded  in  computing  net  earnings   from   self
 2             employment  by  Section 1402 of the Internal Revenue
 3             Code and regulations adopted pursuant thereto;
 4                  (G)  The valuation limitation amount;
 5                  (H)  An amount equal to the amount of  any  tax
 6             imposed  by  this  Act  which  was  refunded  to the
 7             taxpayer and included in such total for the  taxable
 8             year;
 9                  (I)  An amount equal to all amounts included in
10             such total pursuant to the provisions of Section 111
11             of  the Internal Revenue Code as a recovery of items
12             previously deducted from adjusted  gross  income  in
13             the computation of taxable income;
14                  (J)  An   amount   equal   to  those  dividends
15             included  in  such  total  which  were  paid  by   a
16             corporation which conducts business operations in an
17             Enterprise  Zone or zones created under the Illinois
18             Enterprise Zone Act, and conducts substantially  all
19             of its operations in an Enterprise Zone or zones;
20                  (K)  An   amount   equal   to  those  dividends
21             included  in  such  total  that  were  paid   by   a
22             corporation  that  conducts business operations in a
23             federally designated Foreign Trade Zone or  Sub-Zone
24             and  that  is  designated  a  High  Impact  Business
25             located   in   Illinois;   provided  that  dividends
26             eligible for the deduction provided in  subparagraph
27             (J) of paragraph (2) of this subsection shall not be
28             eligible  for  the  deduction  provided  under  this
29             subparagraph (K);
30                  (L)  For  taxable  years  ending after December
31             31, 1983, an amount equal  to  all  social  security
32             benefits  and  railroad retirement benefits included
33             in such total pursuant to Sections 72(r) and  86  of
34             the Internal Revenue Code;
 
SB745 Engrossed             -301-              LRB9101253EGfg
 1                  (M)  With   the   exception   of   any  amounts
 2             subtracted under subparagraph (N), an  amount  equal
 3             to  the  sum of all amounts disallowed as deductions
 4             by Sections 171(a) (2), and 265(2) of  the  Internal
 5             Revenue  Code  of 1954, as now or hereafter amended,
 6             and all amounts of expenses  allocable  to  interest
 7             and   disallowed  as deductions by Section 265(1) of
 8             the  Internal  Revenue  Code  of  1954,  as  now  or
 9             hereafter amended;
10                  (N)  An amount equal to all amounts included in
11             such total which are exempt from  taxation  by  this
12             State   either   by   reason   of  its  statutes  or
13             Constitution  or  by  reason  of  the  Constitution,
14             treaties or statutes of the United States;  provided
15             that,  in the case of any statute of this State that
16             exempts  income  derived   from   bonds   or   other
17             obligations from the tax imposed under this Act, the
18             amount  exempted  shall  be the interest net of bond
19             premium amortization;
20                  (O)  An amount equal to any  contribution  made
21             to  a  job  training project established pursuant to
22             the Tax Increment Allocation Redevelopment Act;
23                  (P)  An amount  equal  to  the  amount  of  the
24             deduction  used  to  compute  the federal income tax
25             credit for restoration of substantial  amounts  held
26             under  claim  of right for the taxable year pursuant
27             to Section 1341 of  the  Internal  Revenue  Code  of
28             1986;
29                  (Q)  An amount equal to any amounts included in
30             such   total,   received   by  the  taxpayer  as  an
31             acceleration in the payment of  life,  endowment  or
32             annuity  benefits  in advance of the time they would
33             otherwise be payable as an indemnity for a  terminal
34             illness;
 
SB745 Engrossed             -302-              LRB9101253EGfg
 1                  (R)  An  amount  equal  to  the  amount  of any
 2             federal or State  bonus  paid  to  veterans  of  the
 3             Persian Gulf War;
 4                  (S)  An  amount,  to  the  extent  included  in
 5             adjusted  gross  income,  equal  to  the amount of a
 6             contribution made in the taxable year on  behalf  of
 7             the  taxpayer  to  a  medical  care  savings account
 8             established under the Medical Care  Savings  Account
 9             Act  to  the  extent the contribution is accepted by
10             the account administrator as provided in that Act;
11                  (T)  An  amount,  to  the  extent  included  in
12             adjusted  gross  income,  equal  to  the  amount  of
13             interest earned in the taxable  year  on  a  medical
14             care  savings  account established under the Medical
15             Care Savings Account Act on behalf of the  taxpayer,
16             other  than interest added pursuant to item (D-5) of
17             this paragraph (2);
18                  (U)  For one taxable year beginning on or after
19             January 1, 1994, an amount equal to the total amount
20             of tax imposed and paid under  subsections  (a)  and
21             (b)  of  Section  201  of  this Act on grant amounts
22             received by the  taxpayer  under  the  Nursing  Home
23             Grant  Assistance  Act during the taxpayer's taxable
24             years 1992 and 1993;
25                  (V)  Beginning with  tax  years  ending  on  or
26             after  December  31,  1995 and ending with tax years
27             ending on or before December  31,  1999,  an  amount
28             equal  to  the  amount  paid  by a taxpayer who is a
29             self-employed taxpayer, a partner of a  partnership,
30             or  a  shareholder in a Subchapter S corporation for
31             health insurance or  long-term  care  insurance  for
32             that   taxpayer   or   that   taxpayer's  spouse  or
33             dependents, to the extent that the amount  paid  for
34             that  health  insurance  or long-term care insurance
 
SB745 Engrossed             -303-              LRB9101253EGfg
 1             may be deducted under Section 213  of  the  Internal
 2             Revenue  Code  of 1986, has not been deducted on the
 3             federal income tax return of the taxpayer, and  does
 4             not  exceed  the taxable income attributable to that
 5             taxpayer's  income,   self-employment   income,   or
 6             Subchapter  S  corporation  income;  except  that no
 7             deduction shall be allowed under this  item  (V)  if
 8             the  taxpayer  is  eligible  to  participate  in any
 9             health insurance or long-term care insurance plan of
10             an  employer  of  the  taxpayer  or  the  taxpayer's
11             spouse.  The amount  of  the  health  insurance  and
12             long-term  care insurance subtracted under this item
13             (V) shall be determined by multiplying total  health
14             insurance and long-term care insurance premiums paid
15             by  the  taxpayer times a number that represents the
16             fractional percentage of eligible  medical  expenses
17             under  Section  213  of the Internal Revenue Code of
18             1986 not actually deducted on the taxpayer's federal
19             income tax return; and
20                  (W)  For taxable years beginning  on  or  after
21             January   1,  1998,  all  amounts  included  in  the
22             taxpayer's federal gross income in the taxable  year
23             from  amounts converted from a regular IRA to a Roth
24             IRA. This paragraph is exempt from the provisions of
25             Section 250.

26        (b)  Corporations.
27             (1)  In general.  In the case of a corporation, base
28        income means an amount equal to  the  taxpayer's  taxable
29        income for the taxable year as modified by paragraph (2).
30             (2)  Modifications.   The taxable income referred to
31        in paragraph (1) shall be modified by adding thereto  the
32        sum of the following amounts:
33                  (A)  An  amount  equal  to  all amounts paid or
34             accrued  to  the  taxpayer  as  interest   and   all
 
SB745 Engrossed             -304-              LRB9101253EGfg
 1             distributions  received  from  regulated  investment
 2             companies  during  the  taxable  year  to the extent
 3             excluded from gross income  in  the  computation  of
 4             taxable income;
 5                  (B)  An  amount  equal  to  the  amount  of tax
 6             imposed by this Act  to  the  extent  deducted  from
 7             gross  income  in  the computation of taxable income
 8             for the taxable year;
 9                  (C)  In the  case  of  a  regulated  investment
10             company,  an  amount  equal to the excess of (i) the
11             net long-term capital gain  for  the  taxable  year,
12             over  (ii)  the amount of the capital gain dividends
13             designated  as  such  in  accordance  with   Section
14             852(b)(3)(C)  of  the  Internal Revenue Code and any
15             amount designated under Section 852(b)(3)(D) of  the
16             Internal  Revenue  Code, attributable to the taxable
17             year. (this  amendatory  Act  of  1995  (Public  Act
18             89-89)  is  declarative of existing law and is not a
19             new enactment);.
20                  (D)  The  amount  of  any  net  operating  loss
21             deduction taken in arriving at taxable income, other
22             than a net operating loss  carried  forward  from  a
23             taxable year ending prior to December 31, 1986; and
24                  (E)  For taxable years in which a net operating
25             loss  carryback  or carryforward from a taxable year
26             ending prior to December 31, 1986 is an  element  of
27             taxable income under paragraph (1) of subsection (e)
28             or  subparagraph  (E) of paragraph (2) of subsection
29             (e), the  amount  by  which  addition  modifications
30             other  than  those provided by this subparagraph (E)
31             exceeded subtraction modifications in  such  earlier
32             taxable year, with the following limitations applied
33             in the order that they are listed:
34                       (i)  the addition modification relating to
 
SB745 Engrossed             -305-              LRB9101253EGfg
 1                  the  net operating loss carried back or forward
 2                  to the  taxable  year  from  any  taxable  year
 3                  ending  prior  to  December  31,  1986 shall be
 4                  reduced by the amount of addition  modification
 5                  under  this  subparagraph  (E) which related to
 6                  that net operating loss  and  which  was  taken
 7                  into  account in calculating the base income of
 8                  an earlier taxable year, and
 9                       (ii)  the addition  modification  relating
10                  to  the  net  operating  loss  carried  back or
11                  forward to the taxable year  from  any  taxable
12                  year  ending  prior  to December 31, 1986 shall
13                  not exceed the  amount  of  such  carryback  or
14                  carryforward;
15                  For  taxable  years  in  which  there  is a net
16             operating loss carryback or carryforward  from  more
17             than one other taxable year ending prior to December
18             31, 1986, the addition modification provided in this
19             subparagraph  (E)  shall  be  the sum of the amounts
20             computed   independently   under    the    preceding
21             provisions  of  this  subparagraph (E) for each such
22             taxable year;, and
23                  (E-5)  For taxable years ending after  December
24             31,   1997,   an   amount   equal  to  any  eligible
25             remediation costs that the corporation  deducted  in
26             computing  adjusted  gross  income and for which the
27             corporation claims a credit under subsection (l)  of
28             Section 201;
29        and  by  deducting  from the total so obtained the sum of
30        the following amounts:
31                  (F)  An amount equal to the amount of  any  tax
32             imposed  by  this  Act  which  was  refunded  to the
33             taxpayer and included in such total for the  taxable
34             year;
 
SB745 Engrossed             -306-              LRB9101253EGfg
 1                  (G)  An  amount equal to any amount included in
 2             such total under Section 78 of the Internal  Revenue
 3             Code;
 4                  (H)  In  the  case  of  a  regulated investment
 5             company, an amount equal to  the  amount  of  exempt
 6             interest  dividends as defined in subsection (b) (5)
 7             of Section 852 of the Internal Revenue Code, paid to
 8             shareholders for the taxable year;
 9                  (I)  With  the   exception   of   any   amounts
10             subtracted  under  subparagraph (J), an amount equal
11             to the sum of all amounts disallowed  as  deductions
12             by  Sections  171(a)  (2), and 265(a)(2) and amounts
13             disallowed as interest expense by Section  291(a)(3)
14             of  the  Internal  Revenue Code, as now or hereafter
15             amended, and all amounts of  expenses  allocable  to
16             interest  and  disallowed  as  deductions by Section
17             265(a)(1) of the Internal Revenue Code,  as  now  or
18             hereafter amended;
19                  (J)  An amount equal to all amounts included in
20             such  total  which  are exempt from taxation by this
21             State  either  by  reason   of   its   statutes   or
22             Constitution  or  by  reason  of  the  Constitution,
23             treaties  or statutes of the United States; provided
24             that, in the case of any statute of this State  that
25             exempts   income   derived   from   bonds  or  other
26             obligations from the tax imposed under this Act, the
27             amount exempted shall be the interest  net  of  bond
28             premium amortization;
29                  (K)  An   amount   equal   to  those  dividends
30             included  in  such  total  which  were  paid  by   a
31             corporation which conducts business operations in an
32             Enterprise  Zone or zones created under the Illinois
33             Enterprise Zone Act and conducts  substantially  all
34             of its operations in an Enterprise Zone or zones;
 
SB745 Engrossed             -307-              LRB9101253EGfg
 1                  (L)  An   amount   equal   to  those  dividends
 2             included  in  such  total  that  were  paid   by   a
 3             corporation  that  conducts business operations in a
 4             federally designated Foreign Trade Zone or  Sub-Zone
 5             and  that  is  designated  a  High  Impact  Business
 6             located   in   Illinois;   provided  that  dividends
 7             eligible for the deduction provided in  subparagraph
 8             (K)  of  paragraph 2 of this subsection shall not be
 9             eligible  for  the  deduction  provided  under  this
10             subparagraph (L);
11                  (M)  For  any  taxpayer  that  is  a  financial
12             organization within the meaning of Section 304(c) of
13             this Act,  an  amount  included  in  such  total  as
14             interest  income  from  a loan or loans made by such
15             taxpayer to a borrower, to the extent  that  such  a
16             loan  is  secured  by property which is eligible for
17             the Enterprise Zone Investment Credit. To  determine
18             the  portion  of  a loan or loans that is secured by
19             property eligible for a  Section  201(h)  investment
20             credit  to the borrower, the entire principal amount
21             of the loan or loans between the  taxpayer  and  the
22             borrower  should  be  divided  into the basis of the
23             Section  201(h)  investment  credit  property  which
24             secures the loan or loans, using  for  this  purpose
25             the original basis of such property on the date that
26             it  was  placed  in  service in the Enterprise Zone.
27             The subtraction modification available  to  taxpayer
28             in  any  year  under  this  subsection shall be that
29             portion of the total interest paid by  the  borrower
30             with  respect  to  such  loan  attributable  to  the
31             eligible  property  as calculated under the previous
32             sentence;
33                  (M-1)  For any taxpayer  that  is  a  financial
34             organization within the meaning of Section 304(c) of
 
SB745 Engrossed             -308-              LRB9101253EGfg
 1             this  Act,  an  amount  included  in  such  total as
 2             interest income from a loan or loans  made  by  such
 3             taxpayer  to  a  borrower, to the extent that such a
 4             loan is secured by property which  is  eligible  for
 5             the  High  Impact  Business  Investment  Credit.  To
 6             determine the portion of a loan  or  loans  that  is
 7             secured  by  property  eligible for a Section 201(i)
 8             investment  credit  to  the  borrower,  the   entire
 9             principal  amount  of  the loan or loans between the
10             taxpayer and the borrower should be divided into the
11             basis  of  the  Section  201(i)  investment   credit
12             property  which secures the loan or loans, using for
13             this purpose the original basis of such property  on
14             the  date  that  it  was  placed  in  service  in  a
15             federally  designated Foreign Trade Zone or Sub-Zone
16             located in Illinois.  No taxpayer that  is  eligible
17             for  the  deduction  provided in subparagraph (M) of
18             paragraph (2) of this subsection shall  be  eligible
19             for  the  deduction provided under this subparagraph
20             (M-1).  The subtraction  modification  available  to
21             taxpayers in any year under this subsection shall be
22             that  portion  of  the  total  interest  paid by the
23             borrower with respect to such loan  attributable  to
24             the   eligible  property  as  calculated  under  the
25             previous sentence;
26                  (N)  Two times any contribution made during the
27             taxable year to a designated  zone  organization  to
28             the  extent that the contribution (i) qualifies as a
29             charitable  contribution  under  subsection  (c)  of
30             Section 170 of the Internal Revenue  Code  and  (ii)
31             must,  by  its terms, be used for a project approved
32             by the Department of Commerce and Community  Affairs
33             under  Section  11  of  the Illinois Enterprise Zone
34             Act;
 
SB745 Engrossed             -309-              LRB9101253EGfg
 1                  (O)  An amount equal to: (i)  85%  for  taxable
 2             years  ending  on or before December 31, 1992, or, a
 3             percentage equal to the percentage  allowable  under
 4             Section  243(a)(1)  of  the Internal Revenue Code of
 5             1986 for taxable years  ending  after  December  31,
 6             1992,  of  the amount by which dividends included in
 7             taxable income and received from a corporation  that
 8             is  not  created  or organized under the laws of the
 9             United States or any state or political  subdivision
10             thereof,  including,  for taxable years ending on or
11             after  December  31,  1988,  dividends  received  or
12             deemed  received  or  paid  or  deemed  paid   under
13             Sections  951  through  964  of the Internal Revenue
14             Code, exceed the amount of the modification provided
15             under subparagraph (G)  of  paragraph  (2)  of  this
16             subsection  (b)  which is related to such dividends;
17             plus (ii) 100% of the  amount  by  which  dividends,
18             included  in taxable income and received, including,
19             for taxable years ending on or  after  December  31,
20             1988,  dividends received or deemed received or paid
21             or deemed paid under Sections 951 through 964 of the
22             Internal Revenue Code,  from  any  such  corporation
23             specified  in  clause  (i)  that  would  but for the
24             provisions of Section 1504 (b) (3) of  the  Internal
25             Revenue   Code   be  treated  as  a  member  of  the
26             affiliated  group  which   includes   the   dividend
27             recipient,  exceed  the  amount  of the modification
28             provided under subparagraph (G) of paragraph (2)  of
29             this   subsection  (b)  which  is  related  to  such
30             dividends;
31                  (P)  An amount equal to any  contribution  made
32             to  a  job  training project established pursuant to
33             the Tax Increment Allocation Redevelopment Act; and
34                  (Q)  An amount  equal  to  the  amount  of  the
 
SB745 Engrossed             -310-              LRB9101253EGfg
 1             deduction  used  to  compute  the federal income tax
 2             credit for restoration of substantial  amounts  held
 3             under  claim  of right for the taxable year pursuant
 4             to Section 1341 of  the  Internal  Revenue  Code  of
 5             1986.
 6             (3)  Special  rule.   For  purposes of paragraph (2)
 7        (A), "gross income" in  the  case  of  a  life  insurance
 8        company,  for  tax years ending on and after December 31,
 9        1994, shall mean the  gross  investment  income  for  the
10        taxable year.

11        (c)  Trusts and estates.
12             (1)  In  general.  In the case of a trust or estate,
13        base income means  an  amount  equal  to  the  taxpayer's
14        taxable  income  for  the  taxable  year  as  modified by
15        paragraph (2).
16             (2)  Modifications.  Subject to  the  provisions  of
17        paragraph   (3),   the  taxable  income  referred  to  in
18        paragraph (1) shall be modified by adding thereto the sum
19        of the following amounts:
20                  (A)  An amount equal to  all  amounts  paid  or
21             accrued  to  the  taxpayer  as interest or dividends
22             during the taxable year to the extent excluded  from
23             gross income in the computation of taxable income;
24                  (B)  In the case of (i) an estate, $600; (ii) a
25             trust  which,  under  its  governing  instrument, is
26             required to distribute all of its income  currently,
27             $300;  and  (iii) any other trust, $100, but in each
28             such case,  only  to  the  extent  such  amount  was
29             deducted in the computation of taxable income;
30                  (C)  An  amount  equal  to  the  amount  of tax
31             imposed by this Act  to  the  extent  deducted  from
32             gross  income  in  the computation of taxable income
33             for the taxable year;
34                  (D)  The  amount  of  any  net  operating  loss
 
SB745 Engrossed             -311-              LRB9101253EGfg
 1             deduction taken in arriving at taxable income, other
 2             than a net operating loss  carried  forward  from  a
 3             taxable year ending prior to December 31, 1986;
 4                  (E)  For taxable years in which a net operating
 5             loss  carryback  or carryforward from a taxable year
 6             ending prior to December 31, 1986 is an  element  of
 7             taxable income under paragraph (1) of subsection (e)
 8             or  subparagraph  (E) of paragraph (2) of subsection
 9             (e), the  amount  by  which  addition  modifications
10             other  than  those provided by this subparagraph (E)
11             exceeded subtraction modifications in  such  taxable
12             year,  with the following limitations applied in the
13             order that they are listed:
14                       (i)  the addition modification relating to
15                  the net operating loss carried back or  forward
16                  to  the  taxable  year  from  any  taxable year
17                  ending prior to  December  31,  1986  shall  be
18                  reduced  by the amount of addition modification
19                  under this subparagraph (E)  which  related  to
20                  that  net  operating  loss  and which was taken
21                  into account in calculating the base income  of
22                  an earlier taxable year, and
23                       (ii)  the  addition  modification relating
24                  to the  net  operating  loss  carried  back  or
25                  forward  to  the  taxable year from any taxable
26                  year ending prior to December  31,  1986  shall
27                  not  exceed  the  amount  of  such carryback or
28                  carryforward;
29                  For taxable years  in  which  there  is  a  net
30             operating  loss  carryback or carryforward from more
31             than one other taxable year ending prior to December
32             31, 1986, the addition modification provided in this
33             subparagraph (E) shall be the  sum  of  the  amounts
34             computed    independently    under   the   preceding
 
SB745 Engrossed             -312-              LRB9101253EGfg
 1             provisions of this subparagraph (E)  for  each  such
 2             taxable year;
 3                  (F)  For  taxable  years  ending  on  or  after
 4             January 1, 1989, an amount equal to the tax deducted
 5             pursuant to Section 164 of the Internal Revenue Code
 6             if  the trust or estate is claiming the same tax for
 7             purposes of the Illinois foreign  tax  credit  under
 8             Section 601 of this Act;
 9                  (G)  An  amount  equal  to  the  amount  of the
10             capital gain deduction allowable under the  Internal
11             Revenue  Code,  to  the  extent  deducted from gross
12             income in the computation of taxable income; and
13                  (G-5) For taxable years ending  after  December
14             31,   1997,   an   amount   equal  to  any  eligible
15             remediation costs that the trust or estate  deducted
16             in computing adjusted gross income and for which the
17             trust or estate claims a credit under subsection (l)
18             of Section 201;
19        and  by  deducting  from the total so obtained the sum of
20        the following amounts:
21                  (H)  An amount equal to all amounts included in
22             such total pursuant to the  provisions  of  Sections
23             402(a),  402(c),  403(a), 403(b), 406(a), 407(a) and
24             408 of the Internal Revenue Code or included in such
25             total as distributions under the provisions  of  any
26             retirement  or  disability plan for employees of any
27             governmental agency or unit, or retirement  payments
28             to  retired partners, which payments are excluded in
29             computing  net  earnings  from  self  employment  by
30             Section  1402  of  the  Internal  Revenue  Code  and
31             regulations adopted pursuant thereto;
32                  (I)  The valuation limitation amount;
33                  (J)  An amount equal to the amount of  any  tax
34             imposed  by  this  Act  which  was  refunded  to the
 
SB745 Engrossed             -313-              LRB9101253EGfg
 1             taxpayer and included in such total for the  taxable
 2             year;
 3                  (K)  An amount equal to all amounts included in
 4             taxable  income  as  modified  by subparagraphs (A),
 5             (B), (C), (D), (E), (F) and  (G)  which  are  exempt
 6             from  taxation by this State either by reason of its
 7             statutes  or  Constitution  or  by  reason  of   the
 8             Constitution,  treaties  or  statutes  of the United
 9             States; provided that, in the case of any statute of
10             this State that exempts income derived from bonds or
11             other obligations from the tax  imposed  under  this
12             Act,  the  amount exempted shall be the interest net
13             of bond premium amortization;
14                  (L)  With  the   exception   of   any   amounts
15             subtracted  under  subparagraph (K), an amount equal
16             to the sum of all amounts disallowed  as  deductions
17             by Sections 171(a) (2) and 265(a)(2) of the Internal
18             Revenue  Code,  as now or hereafter amended, and all
19             amounts  of  expenses  allocable  to  interest   and
20             disallowed  as  deductions  by Section 265(1) of the
21             Internal Revenue Code of 1954, as now  or  hereafter
22             amended;
23                  (M)  An   amount   equal   to  those  dividends
24             included  in  such  total  which  were  paid  by   a
25             corporation which conducts business operations in an
26             Enterprise  Zone or zones created under the Illinois
27             Enterprise Zone Act and conducts  substantially  all
28             of its operations in an Enterprise Zone or Zones;
29                  (N)  An  amount  equal to any contribution made
30             to a job training project  established  pursuant  to
31             the Tax Increment Allocation Redevelopment Act;
32                  (O)  An   amount   equal   to  those  dividends
33             included  in  such  total  that  were  paid   by   a
34             corporation  that  conducts business operations in a
 
SB745 Engrossed             -314-              LRB9101253EGfg
 1             federally designated Foreign Trade Zone or  Sub-Zone
 2             and  that  is  designated  a  High  Impact  Business
 3             located   in   Illinois;   provided  that  dividends
 4             eligible for the deduction provided in  subparagraph
 5             (M) of paragraph (2) of this subsection shall not be
 6             eligible  for  the  deduction  provided  under  this
 7             subparagraph (O); and
 8                  (P)  An  amount  equal  to  the  amount  of the
 9             deduction used to compute  the  federal  income  tax
10             credit  for  restoration of substantial amounts held
11             under claim of right for the taxable  year  pursuant
12             to  Section  1341  of  the  Internal Revenue Code of
13             1986.
14             (3)  Limitation.  The  amount  of  any  modification
15        otherwise  required  under  this  subsection shall, under
16        regulations prescribed by the Department, be adjusted  by
17        any  amounts  included  therein which were properly paid,
18        credited, or required to be distributed,  or  permanently
19        set  aside  for charitable purposes pursuant  to Internal
20        Revenue Code Section 642(c) during the taxable year.

21        (d)  Partnerships.
22             (1)  In general. In the case of a partnership,  base
23        income  means  an  amount equal to the taxpayer's taxable
24        income for the taxable year as modified by paragraph (2).
25             (2)  Modifications. The taxable income  referred  to
26        in  paragraph (1) shall be modified by adding thereto the
27        sum of the following amounts:
28                  (A)  An amount equal to  all  amounts  paid  or
29             accrued  to  the  taxpayer  as interest or dividends
30             during the taxable year to the extent excluded  from
31             gross income in the computation of taxable income;
32                  (B)  An  amount  equal  to  the  amount  of tax
33             imposed by this Act  to  the  extent  deducted  from
34             gross income for the taxable year; and
 
SB745 Engrossed             -315-              LRB9101253EGfg
 1                  (C)  The  amount  of  deductions allowed to the
 2             partnership pursuant  to  Section  707  (c)  of  the
 3             Internal  Revenue  Code  in  calculating its taxable
 4             income; and
 5                  (D)  An amount  equal  to  the  amount  of  the
 6             capital  gain deduction allowable under the Internal
 7             Revenue Code, to  the  extent  deducted  from  gross
 8             income in the computation of taxable income;
 9        and by deducting from the total so obtained the following
10        amounts:
11                  (E)  The valuation limitation amount;
12                  (F)  An  amount  equal to the amount of any tax
13             imposed by  this  Act  which  was  refunded  to  the
14             taxpayer  and included in such total for the taxable
15             year;
16                  (G)  An amount equal to all amounts included in
17             taxable income as  modified  by  subparagraphs  (A),
18             (B),  (C)  and (D) which are exempt from taxation by
19             this State either  by  reason  of  its  statutes  or
20             Constitution  or  by  reason  of  the  Constitution,
21             treaties  or statutes of the United States; provided
22             that, in the case of any statute of this State  that
23             exempts   income   derived   from   bonds  or  other
24             obligations from the tax imposed under this Act, the
25             amount exempted shall be the interest  net  of  bond
26             premium amortization;
27                  (H)  Any   income   of  the  partnership  which
28             constitutes personal service income  as  defined  in
29             Section  1348  (b)  (1) of the Internal Revenue Code
30             (as in effect December 31,  1981)  or  a  reasonable
31             allowance  for  compensation  paid  or  accrued  for
32             services  rendered  by  partners to the partnership,
33             whichever is greater;
34                  (I)  An amount equal to all amounts  of  income
 
SB745 Engrossed             -316-              LRB9101253EGfg
 1             distributable  to  an entity subject to the Personal
 2             Property  Tax  Replacement  Income  Tax  imposed  by
 3             subsections (c) and (d) of Section 201 of  this  Act
 4             including  amounts  distributable  to  organizations
 5             exempt  from federal income tax by reason of Section
 6             501(a) of the Internal Revenue Code;
 7                  (J)  With  the   exception   of   any   amounts
 8             subtracted  under  subparagraph (G), an amount equal
 9             to the sum of all amounts disallowed  as  deductions
10             by  Sections  171(a) (2), and 265(2) of the Internal
11             Revenue Code of 1954, as now or  hereafter  amended,
12             and  all  amounts  of expenses allocable to interest
13             and disallowed as deductions by  Section  265(1)  of
14             the  Internal  Revenue  Code,  as  now  or hereafter
15             amended;
16                  (K)  An  amount  equal   to   those   dividends
17             included   in  such  total  which  were  paid  by  a
18             corporation which conducts business operations in an
19             Enterprise Zone or zones created under the  Illinois
20             Enterprise  Zone  Act,  enacted  by the 82nd General
21             Assembly, and which does not conduct such operations
22             other than in an Enterprise Zone or Zones;
23                  (L)  An amount equal to any  contribution  made
24             to  a  job  training project established pursuant to
25             the   Real   Property   Tax   Increment   Allocation
26             Redevelopment Act;
27                  (M)  An  amount  equal   to   those   dividends
28             included   in   such  total  that  were  paid  by  a
29             corporation that conducts business operations  in  a
30             federally  designated Foreign Trade Zone or Sub-Zone
31             and  that  is  designated  a  High  Impact  Business
32             located  in  Illinois;   provided   that   dividends
33             eligible  for the deduction provided in subparagraph
34             (K) of paragraph (2) of this subsection shall not be
 
SB745 Engrossed             -317-              LRB9101253EGfg
 1             eligible  for  the  deduction  provided  under  this
 2             subparagraph (M); and
 3                  (N)  An amount  equal  to  the  amount  of  the
 4             deduction  used  to  compute  the federal income tax
 5             credit for restoration of substantial  amounts  held
 6             under  claim  of right for the taxable year pursuant
 7             to Section 1341 of  the  Internal  Revenue  Code  of
 8             1986.

 9        (e)  Gross income; adjusted gross income; taxable income.
10             (1)  In  general.   Subject  to  the  provisions  of
11        paragraph  (2)  and  subsection  (b) (3), for purposes of
12        this Section  and  Section  803(e),  a  taxpayer's  gross
13        income,  adjusted gross income, or taxable income for the
14        taxable year shall  mean  the  amount  of  gross  income,
15        adjusted   gross   income   or  taxable  income  properly
16        reportable  for  federal  income  tax  purposes  for  the
17        taxable year under the provisions of the Internal Revenue
18        Code. Taxable income may be less than zero. However,  for
19        taxable  years  ending on or after December 31, 1986, net
20        operating loss carryforwards from  taxable  years  ending
21        prior  to  December  31,  1986, may not exceed the sum of
22        federal taxable income for the taxable  year  before  net
23        operating  loss  deduction,  plus  the excess of addition
24        modifications  over  subtraction  modifications  for  the
25        taxable year.  For taxable years ending prior to December
26        31, 1986, taxable income may never be an amount in excess
27        of the net operating loss for the taxable year as defined
28        in subsections (c) and (d) of Section 172 of the Internal
29        Revenue Code, provided that  when  taxable  income  of  a
30        corporation  (other  than  a  Subchapter  S corporation),
31        trust,  or  estate  is  less  than  zero   and   addition
32        modifications,  other than those provided by subparagraph
33        (E) of paragraph (2) of subsection (b)  for  corporations
34        or  subparagraph  (E)  of paragraph (2) of subsection (c)
 
SB745 Engrossed             -318-              LRB9101253EGfg
 1        for trusts and estates, exceed subtraction modifications,
 2        an  addition  modification  must  be  made  under   those
 3        subparagraphs  for  any  other  taxable year to which the
 4        taxable income less than zero  (net  operating  loss)  is
 5        applied under Section 172 of the Internal Revenue Code or
 6        under   subparagraph   (E)   of  paragraph  (2)  of  this
 7        subsection (e) applied in conjunction with Section 172 of
 8        the Internal Revenue Code.
 9             (2)  Special rule.  For purposes of paragraph (1) of
10        this subsection, the taxable income  properly  reportable
11        for federal income tax purposes shall mean:
12                  (A)  Certain  life insurance companies.  In the
13             case of a life insurance company subject to the  tax
14             imposed by Section 801 of the Internal Revenue Code,
15             life  insurance  company  taxable  income,  plus the
16             amount of distribution  from  pre-1984  policyholder
17             surplus accounts as calculated under Section 815a of
18             the Internal Revenue Code;
19                  (B)  Certain other insurance companies.  In the
20             case  of  mutual  insurance companies subject to the
21             tax imposed by Section 831 of the  Internal  Revenue
22             Code, insurance company taxable income;
23                  (C)  Regulated  investment  companies.   In the
24             case of a regulated investment  company  subject  to
25             the  tax  imposed  by  Section  852  of the Internal
26             Revenue Code, investment company taxable income;
27                  (D)  Real estate  investment  trusts.   In  the
28             case  of  a  real estate investment trust subject to
29             the tax imposed  by  Section  857  of  the  Internal
30             Revenue  Code,  real estate investment trust taxable
31             income;
32                  (E)  Consolidated corporations.  In the case of
33             a corporation which is a  member  of  an  affiliated
34             group  of  corporations filing a consolidated income
 
SB745 Engrossed             -319-              LRB9101253EGfg
 1             tax return for the taxable year for  federal  income
 2             tax  purposes,  taxable income determined as if such
 3             corporation had filed a separate return for  federal
 4             income  tax  purposes  for the taxable year and each
 5             preceding taxable year for which it was a member  of
 6             an   affiliated   group.   For   purposes   of  this
 7             subparagraph, the taxpayer's separate taxable income
 8             shall be determined as if the election  provided  by
 9             Section  243(b) (2) of the Internal Revenue Code had
10             been in effect for all such years;
11                  (F)  Cooperatives.    In   the   case   of    a
12             cooperative  corporation or association, the taxable
13             income of such organization determined in accordance
14             with the provisions of Section 1381 through 1388  of
15             the Internal Revenue Code;
16                  (G)  Subchapter  S  corporations.   In the case
17             of: (i) a Subchapter S corporation for  which  there
18             is  in effect an election for the taxable year under
19             Section 1362  of  the  Internal  Revenue  Code,  the
20             taxable  income  of  such  corporation determined in
21             accordance with  Section  1363(b)  of  the  Internal
22             Revenue  Code, except that taxable income shall take
23             into account  those  items  which  are  required  by
24             Section  1363(b)(1)  of the Internal Revenue Code to
25             be  separately  stated;  and  (ii)  a  Subchapter  S
26             corporation for which there is in effect  a  federal
27             election  to  opt  out  of  the  provisions  of  the
28             Subchapter  S  Revision Act of 1982 and have applied
29             instead the prior federal Subchapter S rules  as  in
30             effect  on  July 1, 1982, the taxable income of such
31             corporation  determined  in  accordance   with   the
32             federal  Subchapter  S rules as in effect on July 1,
33             1982; and
34                  (H)  Partnerships.    In   the   case   of    a
 
SB745 Engrossed             -320-              LRB9101253EGfg
 1             partnership, taxable income determined in accordance
 2             with  Section  703  of  the  Internal  Revenue Code,
 3             except that taxable income shall take  into  account
 4             those  items which are required by Section 703(a)(1)
 5             to be separately stated but  which  would  be  taken
 6             into  account  by  an  individual in calculating his
 7             taxable income.

 8        (f)  Valuation limitation amount.
 9             (1)  In general.  The  valuation  limitation  amount
10        referred  to  in subsections (a) (2) (G), (c) (2) (I) and
11        (d)(2) (E) is an amount equal to:
12                  (A)  The  sum  of  the   pre-August   1,   1969
13             appreciation  amounts  (to  the extent consisting of
14             gain reportable under the provisions of Section 1245
15             or 1250  of  the  Internal  Revenue  Code)  for  all
16             property  in respect of which such gain was reported
17             for the taxable year; plus
18                  (B)  The  lesser  of  (i)  the   sum   of   the
19             pre-August  1,  1969  appreciation  amounts  (to the
20             extent consisting of capital gain) for all  property
21             in  respect  of  which  such  gain  was reported for
22             federal income tax purposes for the taxable year, or
23             (ii) the net capital  gain  for  the  taxable  year,
24             reduced  in  either  case by any amount of such gain
25             included in the amount determined  under  subsection
26             (a) (2) (F) or (c) (2) (H).
27        (2)  Pre-August 1, 1969 appreciation amount.
28                  (A)  If  the  fair  market  value  of  property
29             referred   to   in   paragraph   (1)   was   readily
30             ascertainable  on  August 1, 1969, the pre-August 1,
31             1969 appreciation amount for such  property  is  the
32             lesser  of  (i) the excess of such fair market value
33             over the taxpayer's basis (for determining gain) for
34             such property on that  date  (determined  under  the
 
SB745 Engrossed             -321-              LRB9101253EGfg
 1             Internal Revenue Code as in effect on that date), or
 2             (ii)  the  total  gain  realized  and reportable for
 3             federal income tax purposes in respect of the  sale,
 4             exchange or other disposition of such property.
 5                  (B)  If  the  fair  market  value  of  property
 6             referred   to  in  paragraph  (1)  was  not  readily
 7             ascertainable on August 1, 1969, the  pre-August  1,
 8             1969  appreciation  amount for such property is that
 9             amount which bears the same ratio to the total  gain
10             reported  in  respect  of  the  property for federal
11             income tax purposes for the  taxable  year,  as  the
12             number  of  full calendar months in that part of the
13             taxpayer's holding period for  the  property  ending
14             July  31,  1969 bears to the number of full calendar
15             months in the taxpayer's entire holding  period  for
16             the property.
17                  (C)  The   Department   shall   prescribe  such
18             regulations as may be necessary  to  carry  out  the
19             purposes of this paragraph.

20        (g)  Double  deductions.   Unless  specifically  provided
21    otherwise, nothing in this Section shall permit the same item
22    to be deducted more than once.

23        (h)  Legislative intention.  Except as expressly provided
24    by   this   Section   there  shall  be  no  modifications  or
25    limitations on the amounts of income, gain, loss or deduction
26    taken into account  in  determining  gross  income,  adjusted
27    gross  income  or  taxable  income  for  federal  income  tax
28    purposes for the taxable year, or in the amount of such items
29    entering  into  the computation of base income and net income
30    under this Act for such taxable year, whether in  respect  of
31    property values as of August 1, 1969 or otherwise.
32    (Source:  P.A.  89-89,  eff.  6-30-95;  89-235,  eff. 8-4-95;
33    89-418, eff. 11-15-95; 89-460,  eff.  5-24-96;  89-626,  eff.
 
SB745 Engrossed             -322-              LRB9101253EGfg
 1    8-9-96;  90-491,  eff.  1-1-98;  90-717, eff. 8-7-98; 90-770,
 2    eff. 8-14-98; revised 9-21-98.)

 3        (35 ILCS 5/204) (from Ch. 120, par. 2-204)
 4        Sec. 204.  Standard Exemption.
 5        (a)  Allowance of  exemption.  In  computing  net  income
 6    under  this  Act,  there shall be allowed as an exemption the
 7    sum of the amounts determined under subsections (b), (c)  and
 8    (d),  multiplied  by a fraction the numerator of which is the
 9    amount of the taxpayer's base income allocable to this  State
10    for  the  taxable  year  and  the denominator of which is the
11    taxpayer's total base income for the taxable year.
12        (b)  Basic amount. For the purpose of subsection  (a)  of
13    this Section, except as provided by subsection (a) of Section
14    205  and in this subsection, each taxpayer shall be allowed a
15    basic amount of $1000, except that for individuals the  basic
16    amount shall be:
17             (1)  for  taxable  years ending on or after December
18        31, 1998 and prior to December 31, 1999, $1,300;
19             (2)  for taxable years ending on or  after  December
20        31, 1999 and prior to December 31, 2000, $1,650;
21             (3)  for  taxable  years ending on or after December
22        31, 2000, $2,000.
23    For taxable years ending on or after  December  31,  1992,  a
24    taxpayer  whose Illinois base income exceeds the basic amount
25    and who is claimed as a dependent  on  another  person's  tax
26    return  under  the Internal Revenue Code of 1986 shall not be
27    allowed  any  basic  amount  under  this  subsection.     The
28    provisions  of  Section 250 shall not apply to the amendments
29    made by this amendatory Act of 1998.
30        (c)  Additional amount for individuals. In the case of an
31    individual taxpayer, there shall be allowed for  the  purpose
32    of  subsection  (a), in addition to the basic amount provided
33    by subsection (b), an additional exemption equal to the basic
 
SB745 Engrossed             -323-              LRB9101253EGfg
 1    amount for each exemption in excess of one allowable to  such
 2    individual taxpayer for the taxable year under Section 151 of
 3    the  Internal  Revenue  Code.   The provisions of Section 250
 4    shall not apply to the amendments made by this amendatory Act
 5    of 1998.
 6        (d)  Additional exemptions for an individual taxpayer and
 7    his or her spouse.  In the case of an individual taxpayer and
 8    his or her spouse, he or she shall each be allowed additional
 9    exemptions as follows:
10             (1)  Additional exemption for taxpayer or spouse  65
11        years of age or older.
12                  (A)  For  taxpayer.  An additional exemption of
13             $1,000 for the taxpayer if he or  she  has  attained
14             the age of 65 before the end of the taxable year.
15                  (B)  For  spouse  when  a  joint  return is not
16             filed.  An additional exemption of  $1,000  for  the
17             spouse of the taxpayer if a joint return is not made
18             by  the  taxpayer  and his spouse, and if the spouse
19             has attained the age of 65 before the  end  of  such
20             taxable  year,  and,  for the calendar year in which
21             the taxable year of  the  taxpayer  begins,  has  no
22             gross  income  and  is  not the dependent of another
23             taxpayer.
24             (2)  Additional exemption for blindness of  taxpayer
25        or spouse.
26                  (A)  For  taxpayer.  An additional exemption of
27             $1,000 for the taxpayer if he or she is blind at the
28             end of the taxable year.
29                  (B)  For spouse when  a  joint  return  is  not
30             filed.   An  additional  exemption of $1,000 for the
31             spouse of the taxpayer if a separate return is  made
32             by the taxpayer, and if the spouse is blind and, for
33             the  calendar  year in which the taxable year of the
34             taxpayer begins, has no gross income and is not  the
 
SB745 Engrossed             -324-              LRB9101253EGfg
 1             dependent  of another taxpayer. For purposes of this
 2             paragraph, the determination of whether  the  spouse
 3             is  blind shall be made as of the end of the taxable
 4             year of the taxpayer; except that if the spouse dies
 5             during such taxable year such determination shall be
 6             made as of the time of such death.
 7                  (C)  Blindness defined.  For purposes  of  this
 8             subsection,  an  individual  is blind only if his or
 9             her central visual acuity does not exceed 20/200  in
10             the  better eye with correcting lenses, or if his or
11             her visual acuity is  greater  than  20/200  but  is
12             accompanied  by a limitation in the fields of vision
13             such that the widest diameter of the  visual  fields
14             subtends an angle no greater than 20 degrees.
15        (e)  Cross  reference.  See  Article  3 for the manner of
16    determining base income allocable to this State.
17        (f)  Application of Section 250.  Section  250  does  not
18    apply  to  the  amendments to this Section made by Public Act
19    90-613.
20    (Source: P.A. 90-613, eff. 7-9-98; revised 8-12-98.)

21        (35 ILCS 5/509) (from Ch. 120, par. 5-509)
22        Sec. 509.  Tax  checkoff  explanations.   All  individual
23    income   tax   return   forms   shall   contain   appropriate
24    explanations  and spaces to enable the taxpayers to designate
25    contributions to the Child  Abuse  Prevention  Fund,  to  the
26    Community  Health  Center Care Fund, to the Illinois Wildlife
27    Preservation  Fund  as  required  by  the  Illinois  Non-Game
28    Wildlife Protection Act, to the Alzheimer's Disease  Research
29    Fund  as required by the Alzheimer's Disease Research Act, to
30    the Assistance to the Homeless Fund as required by this  Act,
31    to the Heritage Preservation Fund as required by the Heritage
32    Preservation Act, to the Child Care Expansion Program Fund as
33    required by the Child Care Expansion Program Act, to the Ryan
 
SB745 Engrossed             -325-              LRB9101253EGfg
 1    White   AIDS   Victims  Assistance  Fund,  to  the  Assistive
 2    Technology  for  Persons  with  Disabilities  Fund,  to   the
 3    Domestic  Violence  Shelter  and  Service Fund, to the United
 4    States Olympians Assistance Fund, to  the  Youth  Drug  Abuse
 5    Prevention  Fund, to the Persian Gulf Conflict Veterans Fund,
 6    to the Literacy Advancement Fund, to the Ryan White Pediatric
 7    and  Adult  AIDS  Fund,  to  the  Illinois  Special  Olympics
 8    Checkoff Fund, to the Breast  and  Cervical  Cancer  Research
 9    Fund,  to  the Korean War Memorial Fund, to the Heart Disease
10    Treatment and Prevention Fund, to  the  Hemophilia  Treatment
11    Fund,  to  the Mental Health Research Fund, to the Children's
12    Cancer Fund, to the American Diabetes  Association  Fund,  to
13    the Women in Military Service Memorial Fund, and to the Meals
14    on  Wheels Fund. Each form shall contain a statement that the
15    contributions will reduce the taxpayer's refund  or  increase
16    the  amount  of  payment to accompany the return.  Failure to
17    remit any  amount  of  increased  payment  shall  reduce  the
18    contribution accordingly.
19        If,  on October 1 of any year, the total contributions to
20    any one of the funds made under this  Section  do  not  equal
21    $100,000 or more, the explanations and spaces for designating
22    contributions   to   the  fund  shall  be  removed  from  the
23    individual income tax return forms for the following and  all
24    subsequent years and all subsequent contributions to the fund
25    shall be refunded to the taxpayer.
26    (Source: P.A.  89-230,  eff.  1-1-96;  89-324,  eff. 8-13-95;
27    90-171, eff. 7-23-97; revised 10-31-98.)

28        Section 60.  The Retailers' Occupation Tax Act is amended
29    by changing Section 2a as follows:

30        (35 ILCS 120/2a) (from Ch. 120, par. 441a)
31        Sec. 2a.  It is unlawful for any person to engage in  the
32    business  of  selling tangible personal property at retail in
 
SB745 Engrossed             -326-              LRB9101253EGfg
 1    this State without a certificate  of  registration  from  the
 2    Department.  Application  for  a  certificate of registration
 3    shall be made to the Department upon forms furnished  by  it.
 4    Each  such application shall be signed and verified and shall
 5    state: (1)  the  name  and  social  security  number  of  the
 6    applicant;   (2)  the  address  of  his  principal  place  of
 7    business; (3) the address of the principal place of  business
 8    from  which  he  engages  in the business of selling tangible
 9    personal property at retail in this State and  the  addresses
10    of  all  other  places  of business, if any (enumerating such
11    addresses, if any, in a separate list attached to and made  a
12    part  of  the  application),  from  which  he  engages in the
13    business of selling tangible personal property at  retail  in
14    this  State;,  and  (4) the name and address of the person or
15    persons who  will  be  responsible  for  filing  returns  and
16    payment  of  taxes  due under this Act;, (5) in the case of a
17    corporation, the name, title, and social security  number  of
18    each  corporate  officer;,  (6)  in  the  case  of  a limited
19    liability company, the name, social security number, and FEIN
20    number of each  manager  and  member;,  and  (7)  such  other
21    information  as  the  Department may reasonably require.  The
22    application shall contain  an  acceptance  of  responsibility
23    signed  by  the person or persons who will be responsible for
24    filing returns and payment of the taxes due under  this  Act.
25    If  the  applicant  will  sell  tangible personal property at
26    retail through vending machines, his application to  register
27    shall  indicate  the  number  of  vending  machines  to be so
28    operated; and thereafter, he shall notify the  Department  by
29    January  31  of  the  number  of  vending machines which such
30    person was using in his business of selling tangible personal
31    property at retail on the preceding December 31.
32        The Department may deny a certificate of registration  to
33    any  applicant  if  the  owner,  any  partner, any manager or
34    member of a limited liability company, or a corporate officer
 
SB745 Engrossed             -327-              LRB9101253EGfg
 1    of the applicant, is or has been  the  owner,  a  partner,  a
 2    manager  or  member  of  a  limited  liability  company, or a
 3    corporate officer, of another retailer that is in default for
 4    moneys due under this Act.
 5        Every  applicant  for  a  certificate   of   registration
 6    hereunder  shall,  at  the  time  of filing such application,
 7    furnish a  bond  from  a  surety  company  authorized  to  do
 8    business  in  the  State  of Illinois, or an irrevocable bank
 9    letter of credit or a bond signed by 2 personal sureties  who
10    have  filed, with the Department, sworn statements disclosing
11    net assets equal to at least 3 times the amount of  the  bond
12    to  be  required  of  such applicant, or a bond secured by an
13    assignment of a  bank  account  or  certificate  of  deposit,
14    stocks or bonds, conditioned upon the applicant paying to the
15    State  of Illinois all moneys becoming due under this Act and
16    under any other State tax law  or  municipal  or  county  tax
17    ordinance  or  resolution  under  which  the  certificate  of
18    registration  that  is issued to the applicant under this Act
19    will permit the  applicant  to  engage  in  business  without
20    registering  separately  under  such  other law, ordinance or
21    resolution. The Department  shall  fix  the  amount  of  such
22    security  in  each case, taking into consideration the amount
23    of money expected to become due from the applicant under this
24    Act and under any other State tax law or municipal or  county
25    tax  ordinance  or  resolution under which the certificate of
26    registration that is issued to the applicant under  this  Act
27    will  permit  the  applicant  to  engage  in business without
28    registering separately under such  other  law,  ordinance  or
29    resolution. The amount of security required by the Department
30    shall  be  such as, in its opinion, will protect the State of
31    Illinois against failure to pay the amount which  may  become
32    due  from  the  applicant  under this Act and under any other
33    State tax  law  or  municipal  or  county  tax  ordinance  or
34    resolution  under  which the certificate of registration that
 
SB745 Engrossed             -328-              LRB9101253EGfg
 1    is issued to the applicant under this  Act  will  permit  the
 2    applicant   to   engage   in   business  without  registering
 3    separately under such other law, ordinance or resolution, but
 4    the amount of the security required by the  Department  shall
 5    not  exceed three times the amount of the applicant's average
 6    monthly tax liability, or  $50,000.00,  whichever  amount  is
 7    lower.
 8        No  certificate  of  registration under this Act shall be
 9    issued by the Department until  the  applicant  provides  the
10    Department with satisfactory security as herein provided for.
11        Upon  receipt  of  the  application  for  certificate  of
12    registration  in  proper  form,  and  upon  approval  by  the
13    Department  of  the  security furnished by the applicant, the
14    Department shall issue to such  applicant  a  certificate  of
15    registration  which  shall  permit  the  person to whom it is
16    issued to engage in the business of selling tangible personal
17    property  at  retail  in  this  State.  The  certificate   of
18    registration shall be conspicuously displayed at the place of
19    business  which  the  person  so  registered  states  in  his
20    application  to be the principal place of business from which
21    he engages in  the  business  of  selling  tangible  personal
22    property at retail in this State.
23        No  certificate  of registration issued to a taxpayer who
24    files returns required by this Act on a monthly  basis  shall
25    be valid after the expiration of 5 years from the date of its
26    issuance   or   last  renewal.   The  expiration  date  of  a
27    sub-certificate  of  registration  shall  be  that   of   the
28    certificate  of  registration  to  which  the sub-certificate
29    relates.  A certificate of registration  shall  automatically
30    be  renewed,  subject  to revocation as provided by this Act,
31    for an additional 5 years from the  date  of  its  expiration
32    unless  otherwise  notified  by the Department as provided by
33    this paragraph.  Where a taxpayer to whom  a  certificate  of
34    registration  is  issued  under this Act is in default to the
 
SB745 Engrossed             -329-              LRB9101253EGfg
 1    State of Illinois for delinquent returns or  for  moneys  due
 2    under  this  Act  or  any other State tax law or municipal or
 3    county ordinance administered or enforced by the  Department,
 4    the  Department  shall,  not  less  than  120 days before the
 5    expiration date of such  certificate  of  registration,  give
 6    notice  to the taxpayer to whom the certificate was issued of
 7    the account period of the delinquent returns, the  amount  of
 8    tax,  penalty  and  interest due and owing from the taxpayer,
 9    and  that  the  certificate  of  registration  shall  not  be
10    automatically renewed upon its  expiration  date  unless  the
11    taxpayer,  on or before the date of expiration, has filed and
12    paid the delinquent returns or paid the defaulted  amount  in
13    full.   A  taxpayer  to whom such a notice is issued shall be
14    deemed  an  applicant  for  renewal.   The  Department  shall
15    promulgate regulations establishing procedures for  taxpayers
16    who file returns on a monthly basis but desire and qualify to
17    change  to  a  quarterly  or  yearly filing basis and will no
18    longer be subject to renewal  under  this  Section,  and  for
19    taxpayers who file returns on a yearly or quarterly basis but
20    who  desire  or  are  required  to change to a monthly filing
21    basis and will be subject to renewal under this Section.
22        The Department may in its discretion approve  renewal  by
23    an applicant who is in default if, at the time of application
24    for  renewal,  the  applicant  files  all  of  the delinquent
25    returns or pays to the  Department  such  percentage  of  the
26    defaulted  amount  as may be determined by the Department and
27    agrees  in  writing  to  waive  all  limitations   upon   the
28    Department  for  collection of the remaining defaulted amount
29    to the Department over a period not to exceed  5  years  from
30    the  date  of renewal of the certificate; however, no renewal
31    application submitted by an applicant who is in default shall
32    be approved if  the  immediately  preceding  renewal  by  the
33    applicant   was  conditioned  upon  the  installment  payment
34    agreement described in this Section.  The  payment  agreement
 
SB745 Engrossed             -330-              LRB9101253EGfg
 1    herein  provided  for shall be in addition to and not in lieu
 2    of the security required by this Section of a taxpayer who is
 3    no longer considered a prior continuous compliance  taxpayer.
 4    The  execution  of  the payment agreement as provided in this
 5    Act shall not toll the accrual of interest at  the  statutory
 6    rate.
 7        A  certificate of registration issued under this Act more
 8    than 5 years before the effective date of this amendatory Act
 9    of 1989 shall expire and be subject to the renewal provisions
10    of this Section on  the  next  anniversary  of  the  date  of
11    issuance  of such certificate which occurs more than 6 months
12    after the effective date of this amendatory Act of  1989.   A
13    certificate  of  registration issued less than 5 years before
14    the effective date of  this  amendatory  Act  of  1989  shall
15    expire  and  be  subject  to  the  renewal provisions of this
16    Section on  the  5th  anniversary  of  the  issuance  of  the
17    certificate.
18        If the person so registered states that he operates other
19    places  of  business from which he engages in the business of
20    selling tangible personal property at retail in  this  State,
21    the  Department  shall  furnish him with a sub-certificate of
22    registration  for  each  such  place  of  business,  and  the
23    applicant shall display the  appropriate  sub-certificate  of
24    registration   at   each   such   place   of   business.  All
25    sub-certificates  of  registration  shall   bear   the   same
26    registration number as that appearing upon the certificate of
27    registration to which such sub-certificates relate.
28        If  the applicant will sell tangible personal property at
29    retail through vending machines, the Department shall furnish
30    him with a sub-certificate  of  registration  for  each  such
31    vending   machine,   and  the  applicant  shall  display  the
32    appropriate sub-certificate  of  registration  on  each  such
33    vending   machine   by   attaching   the  sub-certificate  of
34    registration to a conspicuous part of such vending machine.
 
SB745 Engrossed             -331-              LRB9101253EGfg
 1        Where the same person engages in 2 or more businesses  of
 2    selling  tangible  personal property at retail in this State,
 3    which businesses are substantially different in character  or
 4    engaged  in  under  different trade names or engaged in under
 5    other substantially dissimilar circumstances (so that  it  is
 6    more practicable, from an accounting, auditing or bookkeeping
 7    standpoint, for such businesses to be separately registered),
 8    the  Department may require or permit such person (subject to
 9    the same requirements concerning the furnishing  of  security
10    as  those  that are provided for hereinbefore in this Section
11    as to each application for a certificate of registration)  to
12    apply  for  and obtain a separate certificate of registration
13    for each such business or for any of such businesses, under a
14    single certificate of registration  supplemented  by  related
15    sub-certificates of registration.
16        Any  person  who  is  registered  under  the  "Retailers'
17    Occupation  Tax Act" as of March 8, 1963, and who, during the
18    3-year period immediately prior to March 8, 1963, or during a
19    continuous 3-year period part  of  which  passed  immediately
20    before  and  the  remainder of which passes immediately after
21    March 8, 1963, has been so registered continuously and who is
22    determined  by  the  Department  not  to  have  been   either
23    delinquent  or  deficient  in  the  payment  of tax liability
24    during that period under this Act or under  any  other  State
25    tax  law  or  municipal or county tax ordinance or resolution
26    under which the certificate of registration that is issued to
27    the registrant under this Act will permit the  registrant  to
28    engage  in business without registering separately under such
29    other law, ordinance or resolution, shall be considered to be
30    a Prior Continuous Compliance taxpayer. Also any taxpayer who
31    has,  as  verified  by   the   Department,   faithfully   and
32    continuously complied with the condition of his bond or other
33    security  under  the provisions of this Act for a period of 3
34    consecutive  years  shall  be  considered  to  be   a   Prior
 
SB745 Engrossed             -332-              LRB9101253EGfg
 1    Continuous Compliance taxpayer.
 2        Every  Prior  Continuous  Compliance  taxpayer  shall  be
 3    exempt  from  all  requirements under this Act concerning the
 4    furnishing of security as a condition precedent to his  being
 5    authorized  to  engage  in  the  business of selling tangible
 6    personal property at retail in  this  State.  This  exemption
 7    shall  continue  for each such taxpayer until such time as he
 8    may be determined by the Department to be delinquent  in  the
 9    filing  of  any  returns,  or is determined by the Department
10    (either  through  the  Department's  issuance  of   a   final
11    assessment  which  has  become final under the Act, or by the
12    taxpayer's filing of a return which admits tax  that  is  not
13    paid  to  be due) to be delinquent or deficient in the paying
14    of any tax under this Act or under any other State tax law or
15    municipal or county tax ordinance or resolution  under  which
16    the  certificate  of  registration  that  is  issued  to  the
17    registrant  under  this  Act  will  permit  the registrant to
18    engage in business without registering separately under  such
19    other  law,  ordinance  or  resolution,  at  which  time that
20    taxpayer  shall  become  subject   to   all   the   financial
21    responsibility  requirements  of this Act and, as a condition
22    of being allowed to continue to engage  in  the  business  of
23    selling  tangible  personal  property  at  retail,  shall  be
24    required  to  post bond or other acceptable security with the
25    Department  covering  liability  which  such   taxpayer   may
26    thereafter  incur.  Any taxpayer who fails to pay an admitted
27    or established liability under this Act may also be  required
28    to   post   bond  or  other  acceptable  security  with  this
29    Department guaranteeing  the  payment  of  such  admitted  or
30    established liability.
31        No  certificate  of  registration  shall be issued to any
32    person who is in default to the State of Illinois for  moneys
33    due  under  this  Act  or  under  any  other State tax law or
34    municipal or county tax ordinance or resolution  under  which
 
SB745 Engrossed             -333-              LRB9101253EGfg
 1    the  certificate  of  registration  that  is  issued  to  the
 2    applicant  under this Act will permit the applicant to engage
 3    in business without registering separately under  such  other
 4    law, ordinance or resolution.
 5        Any  person  aggrieved  by any decision of the Department
 6    under this Section may, within 20 days after notice  of  such
 7    decision,  protest  and  request  a  hearing,  whereupon  the
 8    Department  shall  give notice to such person of the time and
 9    place fixed for such hearing and  shall  hold  a  hearing  in
10    conformity with the provisions of this Act and then issue its
11    final  administrative  decision in the matter to such person.
12    In the  absence  of  such  a  protest  within  20  days,  the
13    Department's  decision shall become final without any further
14    determination being made or notice given.
15        With respect to security other than bonds (upon which the
16    Department may sue in the event  of  a  forfeiture),  if  the
17    taxpayer  fails  to  pay,  when due, any amount whose payment
18    such security guarantees, the Department  shall,  after  such
19    liability  is  admitted by the taxpayer or established by the
20    Department through the issuance of a  final  assessment  that
21    has  become  final  under the law, convert the security which
22    that taxpayer has furnished into money for the  State,  after
23    first  giving  the taxpayer at least 10 days' written notice,
24    by registered or certified mail,  to  pay  the  liability  or
25    forfeit  such  security  to  the  Department. If the security
26    consists of stocks or bonds or  other  securities  which  are
27    listed  on  a public exchange, the Department shall sell such
28    securities through such  public  exchange.  If  the  security
29    consists  of  an  irrevocable  bank  letter  of  credit,  the
30    Department  shall convert the security in the manner provided
31    for in the Uniform Commercial Code. If the security  consists
32    of  a  bank  certificate  of  deposit,  the  Department shall
33    convert the security into money by demanding  and  collecting
34    the  amount of such bank certificate of deposit from the bank
 
SB745 Engrossed             -334-              LRB9101253EGfg
 1    which issued such certificate. If the security consists of  a
 2    type  of stocks or other securities which are not listed on a
 3    public exchange, the Department shall sell such  security  to
 4    the  highest  and  best bidder after giving at least 10 days'
 5    notice of the date, time and place of the  intended  sale  by
 6    publication   in  the  "State  Official  Newspaper".  If  the
 7    Department realizes more than the amount  of  such  liability
 8    from   the  security,  plus  the  expenses  incurred  by  the
 9    Department  in  converting  the  security  into  money,   the
10    Department   shall  pay  such  excess  to  the  taxpayer  who
11    furnished such security, and the balance shall be  paid  into
12    the State Treasury.
13        The  Department  shall  discharge  any  surety  and shall
14    release and return any security deposited, assigned,  pledged
15    or  otherwise provided to it by a taxpayer under this Section
16    within 30 days after:
17             (1)  such  taxpayer  becomes  a   Prior   Continuous
18        Compliance taxpayer; or
19             (2)  such taxpayer has ceased to collect receipts on
20        which  he is required to remit tax to the Department, has
21        filed a final tax return, and has paid to the  Department
22        an  amount  sufficient  to  discharge  his  remaining tax
23        liability, as determined by the Department,   under  this
24        Act  and  under every other State tax law or municipal or
25        county  tax  ordinance  or  resolution  under  which  the
26        certificate of registration issued under this Act permits
27        the registrant to engage in business without  registering
28        separately under such other law, ordinance or resolution.
29        The  Department  shall  make a final determination of the
30        taxpayer's outstanding tax liability as expeditiously  as
31        possible  after  his  final tax return has been filed; if
32        the  Department  cannot  make  such  final  determination
33        within 45 days after  receiving  the  final  tax  return,
34        within  such  period  it  shall  so  notify the taxpayer,
 
SB745 Engrossed             -335-              LRB9101253EGfg
 1        stating its reasons therefor.
 2    (Source: P.A. 89-399,  eff.  8-20-95;  90-491,  eff.  1-1-98;
 3    revised 10-31-98.)

 4        Section 61.  The Property Tax Code is amended by changing
 5    Sections  8-5,  9-165,  10-55, 10-115, 10-167, 16-150, 18-55,
 6    18-185, 18-246, 19-5, 19-40, 20-50,  20-155,  21-35,  21-195,
 7    21-310,  22-5,  22-10,  22-65,  22-80,  22-90,  and  23-35 as
 8    follows:

 9        (35 ILCS 200/8-5)
10        Sec. 8-5.  General duties. The Department shall:
11        (1)  Direct and supervise the assessment of all  property
12    so that all assessments are made relatively just and equal.;
13        (2)  Confer  with,  advise  and  assist  local assessment
14    officers relative to the performance of their duties.;
15        (3)  Prescribe for  assessment  officers  general  rules,
16    relative  to the assessment of property, which rules shall be
17    binding upon all assessment officers until reversed, annulled
18    or modified by a court of competent jurisdiction.;
19        (4)  Prescribe or approve  forms  for  returns,  reports,
20    complaints,  notices and other documents, and the contents of
21    required files and records authorized or required by  law  or
22    by  rule  and  regulation  of  the  Department. All assessing
23    officers shall use true copies of such  forms  or  reasonable
24    electronic facsimiles of them.;
25        (5)  Assess  all  property  owned  by or used by railroad
26    companies operating within  this  State,  except  non-carrier
27    real estate.;
28        (6)  Equalize   the  assessment  of  property  among  the
29    different counties of the State and fix the aggregate  amount
30    of  the  assessment for each county upon which taxes shall be
31    extended in each year; and publish a statement of the methods
32    and procedures used in making such equalization.;
 
SB745 Engrossed             -336-              LRB9101253EGfg
 1        (7)  Keep a correct record of its acts  relative  to  the
 2    assessment  of  property and the equalization of assessments.
 3    The record shall  be  available  for  public  inspection  and
 4    copies  shall  be  distributed to any person upon request and
 5    payment of the cost of reproduction.
 6        (8)  Grant  or  deny   non-homestead   exemptions   under
 7    Sections 16-70 and 16-130.
 8    (Source: P.A. 83-121; 88-455; revised 10-31-98.)

 9        (35 ILCS 200/9-165)
10        Sec. 9-165.  Definitions.  As used in Section 9-170:
11        "Municipality" means a city, village or incorporated town
12    .;
13        "Governing body" means (a) the corporate authorities of a
14    municipality  with  respect to territory within its corporate
15    limits and (b) the county board with respect to territory  in
16    the   county   not   within   the  corporate  limits  of  any
17    municipality.
18        "Certificate  of  occupancy"  means  the  certificate  or
19    permit, by whatever name denominated, which a municipality or
20    county, under its authority to regulate the  construction  of
21    buildings,   issues   as   evidence   that   all   applicable
22    requirements  have been complied with and requires before any
23    new, reconstructed or  remodeled  building  may  be  lawfully
24    occupied.
25    (Source: P.A. 78-376; 88-455; revised 10-31-98.)

26        (35 ILCS 200/10-55)
27        Sec. 10-55.  Application process and application period.
28        (a)  The   Director   shall   receive   applications  for
29    certificates of rehabilitation in a form and manner  provided
30    by  him  or  her  by  rule.  The  rules shall provide that an
31    applicant may request preliminary approval of  rehabilitation
32    before the rehabilitation period begins.
 
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 1        (b)  The  Director  shall  approve  an  application for a
 2    certificate of rehabilitation when he or she finds  that  the
 3    restoration, preservation or rehabilitation:
 4             (1)  involves an historic building;
 5             (2)  has a cost, including architectural fees, equal
 6        to or greater than 25% of the base year valuation;
 7             (3)  is  for  a building for which no certificate of
 8        rehabilitation has been approved within 4 years after the
 9        last year of the adjustment valuation period;
10             (4)  was or will be  done  in  accordance  with  the
11        standards for rehabilitation; and
12             (5)  was or will be a substantial rehabilitation.
13        (c)  The  Director  shall  determine  the  length  of the
14    rehabilitation period, which shall not exceed 2 years  unless
15    the Director finds:
16             (1)  it  is  economically unfeasible to complete the
17        rehabilitation in that period; or
18             (2)  the magnitude of the project  is  such  that  a
19        good faith attempt to complete the rehabilitation in that
20        period would not succeed.
21        (d)  Upon approval of the application, the Director shall
22    issue  a  certificate  of rehabilitation to the applicant and
23    transmit a copy to the assessment  officer.  The  certificate
24    shall identify the rehabilitation period.
25        (e)  If  during  the  8-year  valuation  period  and  the
26    adjustment  valuation  period,  the  Director  determines, in
27    accordance  with  the   Illinois   Administrative   Procedure
28    Procedures  Act,  that  an  historic  building  for  which  a
29    certificate  of  rehabilitation  has been issued has not been
30    the subject of repair, renovation, remodeling or  improvement
31    in  accordance  with  the standards for rehabilitation, he or
32    she shall revoke the certificate of rehabilitation by written
33    notice to the taxpayer of record and transmit a copy  of  the
34    revocation to the assessment officer.
 
SB745 Engrossed             -338-              LRB9101253EGfg
 1        The  provisions  in  Section 10-40 through 10-85 apply to
 2    certified rehabilitation projects for  which  an  application
 3    for  a  certificate of rehabilitation has been filed with the
 4    Director within 2 years of the rehabilitation period.
 5    (Source: P.A. 86-1481; 87-818; 88-455; revised 10-31-98.)

 6        (35 ILCS 200/10-115)
 7        Sec. 10-115.  Department guidelines  and  valuations  for
 8    farmland.   The   Department   shall   issue  guidelines  and
 9    recommendations for the  valuation  of  farmland  to  achieve
10    equitable assessment within and between counties.
11        The  Director  of  Revenue  shall  appoint  a five-person
12    Farmland Assessment Technical Advisory Board,  consisting  of
13    technical experts from the colleges or schools of agriculture
14    of  the State universities and State and federal agricultural
15    agencies,  to  advise  in  and  provide  data  and  technical
16    information needed for implementation of this Section.
17        By May 1 of each year, the Department  shall  certify  to
18    each   chief   county   assessment   officer  the  following,
19    calculated from  data  provided  by  the  Farmland  Technical
20    Advisory  Board,  on  a  per  acre basis by soil productivity
21    index for harvested cropland, using moving averages  for  the
22    most recent 5-year period for which data are available:
23             (a)  gross  income,  estimated  by  using yields per
24        acre as assigned to soil productivity indices,  the  crop
25        mix for each soil productivity index as determined by the
26        College  of Agriculture of the University of Illinois and
27        average prices received by farmers for principal crops as
28        published by the Illinois Crop Reporting Service;
29             (b)  production  costs,  other  than   land   costs,
30        provided  by the College of Agriculture of the University
31        of Illinois;
32             (c)  net  return  to  land,  which  shall   be   the
33        difference between (a) and (b) above;
 
SB745 Engrossed             -339-              LRB9101253EGfg
 1             (d)  a    proposed   agricultural   economic   value
 2        determined by dividing the net  return  to  land  by  the
 3        moving average of the Federal Land Bank farmland mortgage
 4        interest rate as calculated by the Department;
 5             (e)  the   equalized  assessed  value  per  acre  of
 6        farmland for each soil productivity index, which shall be
 7        33-1/3%  of  the  agricultural  economic  value,  or  the
 8        percentage  as  provided  under  Section  17-5;  but  any
 9        increase or decrease in the equalized assessed value  per
10        acre by soil productivity index shall not exceed 10% from
11        the  immediate  preceding  year's soil productivity index
12        certified assessed value;
13             (f)  a proposed average equalized assessed value per
14        acre of cropland for each individual county, weighted  by
15        the  distribution  of  soils by productivity index in the
16        county; and
17             (g)  a proposed average equalized assessed value per
18        acre for all farmland in each  county,  weighted  (i)  to
19        consider  the  proportions  of  all farmland acres in the
20        county which are cropland, permanent pasture,  and  other
21        farmland,  and  (ii)  to reflect the valuations for those
22        types of land and debasements for slope  and  erosion  as
23        required by Section 10-125.
24    (Source: P.A. 86-954; 88-455; revised 10-31-98.)

25        (35 ILCS 200/10-167)
26        Sec.     10-167.  Definition     of    public    benefit;
27    certification.
28        (a)  A conservation right on land shall be considered  to
29    provide  a  demonstrated  public benefit if the Department of
30    Natural Resources certifies that it protects in perpetuity at
31    least one of the following:
32             (1)  Land providing a regular opportunity for public
33        access to outdoor recreation or outdoor education.
 
SB745 Engrossed             -340-              LRB9101253EGfg
 1             (2)  Land preserving habitat for  State  or  federal
 2        endangered  or  threatened  species  or federal candidate
 3        species as defined in the  Federal  Code  of  Federal  or
 4        Regulations (50 CFR 424.02).
 5             (3)  Land  identified  in the Illinois Natural Areas
 6        Inventory.
 7             (4)  Land determined to be eligible for registration
 8        under  Section  16  of   the   Illinois   Natural   Areas
 9        Preservation Act.
10             (5)  Land  contributing  to the ecological viability
11        of a park, conservation area, nature preserve,  or  other
12        high  quality  native terrestrial or aquatic area that is
13        publicly owned or otherwise protected.
14             (6)  Land included in, or consistent with a federal,
15        State, regional, or local government policy or  plan  for
16        the  conservation  of wildlife habitat or open space, for
17        the restoration or protection of lakes  and  streams,  or
18        for the protection of scenic areas.
19        (b)  The person liable for taxes on the land shall submit
20    an   application  to  the  Department  of  Natural  Resources
21    requesting certification that  the  land  meets  one  of  the
22    criteria  established  in  subsection  (a).   The application
23    shall be in a form furnished by  the  Department  of  Natural
24    Resources.   Within  30  days  of  receipt  of a complete and
25    correct application  for  certification,  the  Department  of
26    Natural Resources shall determine whether the land encumbered
27    by  a  conservation  right  provides  a  demonstrated  public
28    benefit  and  shall  inform  the  applicant in writing of the
29    decision.
30    (Source: P.A.  88-657,  eff.  1-1-95;  89-445,  eff.  2-7-96;
31    revised 3-12-98.)

32        (35 ILCS 200/16-150)
33        Sec.  16-150.   Certification  of  assessment  books.  In
 
SB745 Engrossed             -341-              LRB9101253EGfg
 1    counties  with  3,000,000  or  more inhabitants, the board of
 2    appeals (until the first Monday  in  December  1998  and  the
 3    board  of  review beginning the first Monday in December 1998
 4    and thereafter) shall, on or before the annual date for final
 5    adjournment as fixed by this Section, complete its work,  and
 6    order  the  county  assessor  to  make  those  entries in the
 7    assessment books and lists as may be  required  to  make  the
 8    assessments  conform  with  the  changes  directed to be made
 9    therein by the board. The county assessor and a  majority  of
10    the  members  of  the  board  shall  attach  to  each  of the
11    assessment books in the possession of the county assessor and
12    the county clerk an affidavit signed by the  county  assessor
13    and  a  majority of the members of the board, which affidavit
14    shall be in substantially the following form:
15    State of Illinois)
16                     ) ss.
17    County of .......)
18        We, and each of us, as county assessor and as members  of
19    the  (board  of  appeals or board of review) of the County of
20    ...., in the State of Illinois, do solemnly  swear  that  the
21    books  ....  in  number  ....  to  which  this  affidavit  is
22    attached,  contain  a  full  and  complete  list  of  all the
23    property in this county subject  to  taxation  for  the  year
24    (insert  year)  19.. so far as we have been able to ascertain
25    them, and that the assessed value  set  down  in  the  proper
26    column   opposite  the  several  kinds  and  descriptions  of
27    property, is, in our opinion, a just and equal assessment  of
28    the  property  for the purposes of taxation according to law,
29    and that the footings of the several columns in  these  books
30    are correct to the best of our knowledge and belief.
31        The  final  date  of adjournment of the board shall be 60
32    days after the date  of  the  last  delivery  to  it  of  the
33    assessment books for any township or taxing district.
34    (Source:  P.A.  88-455;  89-126,  eff.  7-11-95; 89-671, eff.
 
SB745 Engrossed             -342-              LRB9101253EGfg
 1    8-14-96; revised 10-20-98.)

 2        (35 ILCS 200/18-55)
 3        Sec. 18-55.  Short title and definitions.  This  Division
 4    2  Section  and  Sections 18-60 through 18-95 may be cited as
 5    the Truth in Taxation  Law.   As  used  in  this  Division  2
 6    Sections 18-60 through 18-95:
 7        (a)  "Taxing  district"  has  the  meaning  specified  in
 8    Section 1-150 and includes home rule units.;
 9        (b)  "Aggregate  levy" means the annual corporate levy of
10    the taxing district and those special  purpose  levies  which
11    are  made annually (other than debt service levies and levies
12    made for the purpose  of  paying  amounts  due  under  public
13    building commission leases).;
14        (c)  "Special   purpose  levies"  include,  but  are  not
15    limited to, levies made on an annual basis for  contributions
16    to  pension plans, unemployment and worker's compensation, or
17    self-insurance.;
18        (d)  "Debt service"  means  levies  made  by  any  taxing
19    district   pursuant   to   home   rule   authority,  statute,
20    referendum, ordinance, resolution, indenture,  agreement,  or
21    contract  to  retire  the principal or pay interest on bonds,
22    notes,  debentures  or  other  financial  instruments   which
23    evidence indebtedness.
24    (Source: P.A. 86-957; 86-1475; 88-455; revised 10-28-98.)

25        (35 ILCS 200/18-185)
26        Sec. 18-185.  Short title; definitions.  This Division 5
27    Section  and  Sections  18-190 through 18-245 may be cited as
28    the Property Tax Extension Limitation Law.  As used  in  this
29    Division 5 Sections 18-190 through 18-245:
30        "Consumer Price Index" means the Consumer Price Index for
31    All  Urban  Consumers  for  all items published by the United
32    States Department of Labor.
 
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 1        "Extension limitation" means (a) the lesser of 5% or  the
 2    percentage  increase  in  the Consumer Price Index during the
 3    12-month calendar year preceding the levy  year  or  (b)  the
 4    rate of increase approved by voters under Section 18-205.
 5        "Affected  county"  means  a  county of 3,000,000 or more
 6    inhabitants or a county contiguous to a county  of  3,000,000
 7    or more inhabitants.
 8        "Taxing  district"  has  the  same  meaning  provided  in
 9    Section  1-150, except as otherwise provided in this Section.
10    For the 1991 through 1994 levy years only, "taxing  district"
11    includes  only  each non-home rule taxing district having the
12    majority of its 1990  equalized  assessed  value  within  any
13    county  or  counties contiguous to a county with 3,000,000 or
14    more inhabitants.  Beginning with the 1995 levy year, "taxing
15    district" includes only each non-home  rule  taxing  district
16    subject  to  this  Law  before  the  1995  levy year and each
17    non-home rule taxing district not subject to this Law  before
18    the  1995 levy year having the majority of its 1994 equalized
19    assessed value in an affected county or counties.   Beginning
20    with  the levy year in which this Law becomes applicable to a
21    taxing  district  as  provided  in  Section  18-213,  "taxing
22    district" also includes those taxing districts  made  subject
23    to this Law as provided in Section 18-213.
24        "Aggregate  extension" for taxing districts to which this
25    Law applied before  the  1995  levy  year  means  the  annual
26    corporate extension for the taxing district and those special
27    purpose  extensions  that  are  made  annually for the taxing
28    district, excluding special purpose extensions: (a) made  for
29    the  taxing  district to pay interest or principal on general
30    obligation bonds that were approved by referendum;  (b)  made
31    for  any  taxing  district  to  pay  interest or principal on
32    general obligation bonds issued before October 1,  1991;  (c)
33    made  for any taxing district to pay interest or principal on
34    bonds issued to refund or  continue  to  refund  those  bonds
 
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 1    issued  before  October  1,  1991;  (d)  made  for any taxing
 2    district to pay interest or  principal  on  bonds  issued  to
 3    refund  or  continue  to refund bonds issued after October 1,
 4    1991 that were approved  by  referendum;  (e)  made  for  any
 5    taxing district to pay interest or principal on revenue bonds
 6    issued before October 1, 1991 for payment of which a property
 7    tax  levy  or  the full faith and credit of the unit of local
 8    government is pledged; however, a  tax  for  the  payment  of
 9    interest or principal on those bonds shall be made only after
10    the governing body of the unit of local government finds that
11    all  other sources for payment are insufficient to make those
12    payments; (f) made for payments under a  building  commission
13    lease when the lease payments are for the retirement of bonds
14    issued  by  the commission before October 1, 1991, to pay for
15    the  building  project;  (g)  made  for  payments  due  under
16    installment contracts entered into before  October  1,  1991;
17    (h)  made  for  payments  of  principal and interest on bonds
18    issued under the Metropolitan Water Reclamation District  Act
19    to  finance construction projects initiated before October 1,
20    1991; (i) made for payments  of  principal  and  interest  on
21    limited   bonds,  as  defined  in  Section  3  of  the  Local
22    Government Debt Reform Act, in an amount not  to  exceed  the
23    debt  service  extension  base  less the amount in items (b),
24    (c), (e), and  (h)  of  this  definition  for  non-referendum
25    obligations,  except obligations initially issued pursuant to
26    referendum; (j) made for payments of principal  and  interest
27    on bonds issued under Section 15 of the Local Government Debt
28    Reform   Act;   and  (k)  made  by  a  school  district  that
29    participates  in  the  Special  Education  District  of  Lake
30    County, created by special education  joint  agreement  under
31    Section  10-22.31  of  the  School  Code,  for payment of the
32    school  district's  share  of  the  amounts  required  to  be
33    contributed by the Special Education District of Lake  County
34    to  the Illinois Municipal Retirement Fund under Article 7 of
 
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 1    the Illinois Pension Code; the amount of any extension  under
 2    this  item  (k)  shall be certified by the school district to
 3    the county clerk.
 4        "Aggregate extension" for the taxing districts  to  which
 5    this  Law  did  not  apply  before the 1995 levy year (except
 6    taxing districts subject  to  this  Law  in  accordance  with
 7    Section  18-213) means the annual corporate extension for the
 8    taxing district and those special purpose extensions that are
 9    made annually for  the  taxing  district,  excluding  special
10    purpose  extensions:  (a) made for the taxing district to pay
11    interest or principal on general obligation bonds  that  were
12    approved  by  referendum; (b) made for any taxing district to
13    pay interest or principal on general obligation bonds  issued
14    before March 1, 1995; (c) made for any taxing district to pay
15    interest  or  principal on bonds issued to refund or continue
16    to refund those bonds issued before March 1, 1995;  (d)  made
17    for any taxing district to pay interest or principal on bonds
18    issued  to  refund  or  continue to refund bonds issued after
19    March 1, 1995 that were approved by referendum; (e) made  for
20    any  taxing  district to pay interest or principal on revenue
21    bonds issued before March 1, 1995  for  payment  of  which  a
22    property tax levy or the full faith and credit of the unit of
23    local  government  is pledged; however, a tax for the payment
24    of interest or principal on those bonds shall  be  made  only
25    after  the  governing  body  of  the unit of local government
26    finds that all other sources for payment are insufficient  to
27    make  those  payments; (f) made for payments under a building
28    commission  lease  when  the  lease  payments  are  for   the
29    retirement  of bonds issued by the commission before March 1,
30    1995 to pay for the building project; (g) made  for  payments
31    due  under installment contracts entered into before March 1,
32    1995; (h) made for payments  of  principal  and  interest  on
33    bonds   issued   under  the  Metropolitan  Water  Reclamation
34    District  Act  to  finance  construction  projects  initiated
 
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 1    before October 1, 1991; (i) made for  payments  of  principal
 2    and interest on limited bonds, as defined in Section 3 of the
 3    Local  Government Debt Reform Act, in an amount not to exceed
 4    the debt service extension base less the amount in items (b),
 5    (c),  and  (e)  of   this   definition   for   non-referendum
 6    obligations,  except obligations initially issued pursuant to
 7    referendum and bonds described  in  subsection  (h)  of  this
 8    definition;  (j)  made for payments of principal and interest
 9    on bonds issued under Section 15 of the Local Government Debt
10    Reform Act; (k) made for payments of principal  and  interest
11    on  bonds  authorized  by  Public Act 88-503 and issued under
12    Section 20a of the Chicago Park District Act for aquarium  or
13    museum  projects;  and (l) made for payments of principal and
14    interest on bonds authorized by Public Act 87-1191 and issued
15    under Section 42 of the Cook County Forest Preserve  District
16    Act for zoological park projects.
17        "Aggregate  extension"  for all taxing districts to which
18    this Law applies in accordance with  Section  18-213,  except
19    for  those  taxing  districts  subject  to  paragraph  (2) of
20    subsection (e) of Section 18-213, means the annual  corporate
21    extension  for  the taxing district and those special purpose
22    extensions that are made annually for  the  taxing  district,
23    excluding special purpose extensions: (a) made for the taxing
24    district  to  pay interest or principal on general obligation
25    bonds that were approved by  referendum;  (b)  made  for  any
26    taxing  district  to  pay  interest  or  principal on general
27    obligation  bonds  issued  before  the  date  on  which   the
28    referendum  making this Law applicable to the taxing district
29    is held; (c) made for any taxing district to pay interest  or
30    principal  on  bonds  issued  to refund or continue to refund
31    those bonds issued before the date on  which  the  referendum
32    making  this  Law  applicable to the taxing district is held;
33    (d) made for any taxing district to pay interest or principal
34    on bonds issued to refund or continue to refund bonds  issued
 
SB745 Engrossed             -347-              LRB9101253EGfg
 1    after  the  date  on  which  the  referendum  making this Law
 2    applicable to the taxing district is held if the  bonds  were
 3    approved by referendum after the date on which the referendum
 4    making  this  Law  applicable to the taxing district is held;
 5    (e) made for any taxing district to pay interest or principal
 6    on  revenue  bonds  issued  before  the  date  on  which  the
 7    referendum making this Law applicable to the taxing  district
 8    is  held for payment of which a property tax levy or the full
 9    faith and credit of the unit of local government is  pledged;
10    however,  a  tax  for the payment of interest or principal on
11    those bonds shall be made only after the  governing  body  of
12    the unit of local government finds that all other sources for
13    payment are insufficient to make those payments; (f) made for
14    payments  under  a  building  commission lease when the lease
15    payments are for  the  retirement  of  bonds  issued  by  the
16    commission  before  the  date  on which the referendum making
17    this Law applicable to the taxing district is held to pay for
18    the  building  project;  (g)  made  for  payments  due  under
19    installment contracts entered into before the date  on  which
20    the  referendum  making  this  Law  applicable  to the taxing
21    district is held; (h) made  for  payments  of  principal  and
22    interest  on  limited  bonds,  as defined in Section 3 of the
23    Local Government Debt Reform Act, in an amount not to  exceed
24    the debt service extension base less the amount in items (b),
25    (c),   and   (e)   of   this  definition  for  non-referendum
26    obligations, except obligations initially issued pursuant  to
27    referendum;  (i)  made for payments of principal and interest
28    on bonds issued under Section 15 of the Local Government Debt
29    Reform Act; and (j) made for a qualified airport authority to
30    pay interest or principal on general obligation bonds  issued
31    for the purpose of paying obligations due under, or financing
32    airport  facilities  required  to  be  acquired, constructed,
33    installed or equipped pursuant  to,  contracts  entered  into
34    before  March  1,  1996  (but not including any amendments to
 
SB745 Engrossed             -348-              LRB9101253EGfg
 1    such a contract taking effect on or after that date).
 2        "Aggregate extension" for all taxing districts  to  which
 3    this   Law  applies  in  accordance  with  paragraph  (2)  of
 4    subsection (e) of Section 18-213 means the  annual  corporate
 5    extension  for  the taxing district and those special purpose
 6    extensions that are made annually for  the  taxing  district,
 7    excluding special purpose extensions: (a) made for the taxing
 8    district  to  pay interest or principal on general obligation
 9    bonds that were approved by  referendum;  (b)  made  for  any
10    taxing  district  to  pay  interest  or  principal on general
11    obligation bonds issued before the  effective  date  of  this
12    amendatory  Act  of 1997; (c) made for any taxing district to
13    pay interest or  principal  on  bonds  issued  to  refund  or
14    continue  to  refund  those bonds issued before the effective
15    date of this amendatory Act of 1997; (d) made for any  taxing
16    district  to  pay  interest  or  principal on bonds issued to
17    refund or continue to refund bonds issued after the effective
18    date of this  amendatory  Act  of  1997  if  the  bonds  were
19    approved  by  referendum  after  the  effective  date of this
20    amendatory Act of 1997; (e) made for any taxing  district  to
21    pay  interest or principal on revenue bonds issued before the
22    effective date of this amendatory Act of 1997 for payment  of
23    which a property tax levy or the full faith and credit of the
24    unit  of  local government is pledged; however, a tax for the
25    payment of interest or principal on those bonds shall be made
26    only after the governing body of the unit of local government
27    finds that all other sources for payment are insufficient  to
28    make  those  payments; (f) made for payments under a building
29    commission  lease  when  the  lease  payments  are  for   the
30    retirement  of  bonds  issued  by  the  commission before the
31    effective date of this amendatory Act of 1997 to pay for  the
32    building project; (g) made for payments due under installment
33    contracts  entered  into  before  the  effective date of this
34    amendatory Act of 1997; (h) made for  payments  of  principal
 
SB745 Engrossed             -349-              LRB9101253EGfg
 1    and interest on limited bonds, as defined in Section 3 of the
 2    Local  Government Debt Reform Act, in an amount not to exceed
 3    the debt service extension base less the amount in items (b),
 4    (c),  and  (e)  of   this   definition   for   non-referendum
 5    obligations,  except obligations initially issued pursuant to
 6    referendum; (i) made for payments of principal  and  interest
 7    on bonds issued under Section 15 of the Local Government Debt
 8    Reform Act; and (j) made for a qualified airport authority to
 9    pay  interest or principal on general obligation bonds issued
10    for the purpose of paying obligations due under, or financing
11    airport facilities  required  to  be  acquired,  constructed,
12    installed  or  equipped  pursuant  to, contracts entered into
13    before March 1, 1996 (but not  including  any  amendments  to
14    such a contract taking effect on or after that date).
15        "Debt  service  extension  base" means an amount equal to
16    that portion of the extension for a taxing district  for  the
17    1994 levy year, or for those taxing districts subject to this
18    Law  in  accordance  with  Section  18-213,  except for those
19    subject to paragraph (2) of subsection (e) of Section 18-213,
20    for the levy year in which the  referendum  making  this  Law
21    applicable  to  the  taxing  district  is  held, or for those
22    taxing districts subject  to  this  Law  in  accordance  with
23    paragraph  (2)  of  subsection  (e) of Section 18-213 for the
24    1996 levy year, constituting  an  extension  for  payment  of
25    principal and interest on bonds issued by the taxing district
26    without referendum, but not including (i) bonds authorized by
27    Public Act 88-503 and issued under Section 20a of the Chicago
28    Park  District  Act  for  aquarium  and museum projects; (ii)
29    bonds issued under Section 15 of the  Local  Government  Debt
30    Reform  Act;  or (iii) refunding obligations issued to refund
31    or  to  continue  to  refund  obligations  initially   issued
32    pursuant  to referendum.  The debt service extension base may
33    be established or increased as provided under Section 18-212.
34        "Special purpose extensions" include, but are not limited
 
SB745 Engrossed             -350-              LRB9101253EGfg
 1    to, extensions  for  levies  made  on  an  annual  basis  for
 2    unemployment   and   workers'  compensation,  self-insurance,
 3    contributions to pension plans, and extensions made  pursuant
 4    to  Section  6-601  of  the  Illinois Highway Code for a road
 5    district's permanent road fund  whether  levied  annually  or
 6    not.   The  extension  for  a  special  service  area  is not
 7    included in the aggregate extension.
 8        "Aggregate extension base" means  the  taxing  district's
 9    last preceding aggregate extension as adjusted under Sections
10    18-215 through 18-230.
11        "Levy  year" has the same meaning as "year" under Section
12    1-155.
13        "New property" means (i) the assessed value, after  final
14    board   of   review  or  board  of  appeals  action,  of  new
15    improvements or additions to  existing  improvements  on  any
16    parcel  of  real property that increase the assessed value of
17    that real property during the levy  year  multiplied  by  the
18    equalization  factor  issued  by the Department under Section
19    17-30 and (ii) the  assessed  value,  after  final  board  of
20    review  or  board  of  appeals  action,  of real property not
21    exempt from real estate taxation,  which  real  property  was
22    exempt  from  real  estate  taxation  for  any portion of the
23    immediately  preceding   levy   year,   multiplied   by   the
24    equalization  factor  issued  by the Department under Section
25    17-30.  In addition, the county clerk in a county  containing
26    a  population  of 3,000,000 or more shall include in the 1997
27    recovered tax increment value for any  school  district,  any
28    recovered tax increment value that was applicable to the 1995
29    tax year calculations.
30        "Qualified  airport authority" means an airport authority
31    organized under the Airport Authorities Act and located in  a
32    county  bordering  on  the  State  of  Wisconsin and having a
33    population in excess of 200,000 and not greater than 500,000.
34        "Recovered tax increment value" means the amount  of  the
 
SB745 Engrossed             -351-              LRB9101253EGfg
 1    current  year's  equalized  assessed value, in the first year
 2    after a municipality terminates the designation of an area as
 3    a redevelopment project area previously established under the
 4    Tax Increment Allocation  Development  Act  in  the  Illinois
 5    Municipal  Code,  previously established under the Industrial
 6    Jobs  Recovery  Law  in  the  Illinois  Municipal  Code,   or
 7    previously  established  under  the Economic Development Area
 8    Tax Increment Allocation Act, of  each  taxable  lot,  block,
 9    tract,  or  parcel  of  real  property  in  the redevelopment
10    project area over and above the  initial  equalized  assessed
11    value  of  each  property  in the redevelopment project area.
12    For the taxes which are extended for the 1997 levy year,  the
13    recovered  tax  increment  value  for  a non-home rule taxing
14    district that first became subject to this Law for  the  1995
15    levy  year  because a majority of its 1994 equalized assessed
16    value  was  in  an  affected  county  or  counties  shall  be
17    increased if a municipality terminated the designation of  an
18    area  in  1993  as  a  redevelopment  project area previously
19    established under the Tax  Increment  Allocation  Development
20    Act  in  the  Illinois Municipal Code, previously established
21    under the  Industrial  Jobs  Recovery  Law  in  the  Illinois
22    Municipal  Code, or previously established under the Economic
23    Development Area Tax Increment Allocation Act, by  an  amount
24    equal  to  the  1994 equalized assessed value of each taxable
25    lot,  block,  tract,  or  parcel  of  real  property  in  the
26    redevelopment  project  area  over  and  above  the   initial
27    equalized   assessed   value   of   each   property   in  the
28    redevelopment project area.
29        Except as otherwise provided in this  Section,  "limiting
30    rate"  means  a  fraction  the numerator of which is the last
31    preceding aggregate extension base times an amount  equal  to
32    one plus the extension limitation defined in this Section and
33    the  denominator  of  which  is  the current year's equalized
34    assessed value of all real property in  the  territory  under
 
SB745 Engrossed             -352-              LRB9101253EGfg
 1    the jurisdiction of the taxing district during the prior levy
 2    year.    For   those  taxing  districts  that  reduced  their
 3    aggregate extension for the last  preceding  levy  year,  the
 4    highest  aggregate  extension  in any of the last 3 preceding
 5    levy years shall be used for the  purpose  of  computing  the
 6    limiting   rate.   The  denominator  shall  not  include  new
 7    property.  The denominator shall not  include  the  recovered
 8    tax increment value.
 9    (Source:  P.A.  89-1,  eff.  2-12-95;  89-138,  eff. 7-14-95;
10    89-385, eff.  8-18-95;  89-436,  eff.  1-1-96;  89-449,  eff.
11    6-1-96;  89-510,  eff.  7-11-96; 89-718, eff. 3-7-97; 90-485,
12    eff. 1-1-98;  90-511,  eff.  8-22-97;  90-568,  eff.  1-1-99;
13    90-616,   eff.   7-10-98;   90-655,   eff.  7-30-98;  revised
14    10-28-98.)

15        (35 ILCS 200/18-246)
16        Sec. 18-246.  Short title;  definitions.   This  Division
17    5.1 Section and Sections 18-247 through 18-249.5 may be cited
18    as the One-year Property Tax Extension Limitation Law.
19        As  used  in  this  Division  5.1 Sections 18-246 through
20    18-249.5:
21        "Taxing  district"  has  the  same  meaning  provided  in
22    Section 1-150, except that it  includes  only  each  non-home
23    rule  taxing district with the majority of its 1993 equalized
24    assessed value contained in one or more affected counties, as
25    defined in Section 18-185, other than those taxing  districts
26    subject  to  the Property Tax Extension Limitation Law before
27    the effective date of this amendatory Act of 1995.
28        "Aggregate  extension"   means   the   annual   corporate
29    extension  for  the taxing district and those special purpose
30    extensions that are made annually for  the  taxing  district,
31    excluding special purpose extensions: (a) made for the taxing
32    district  to  pay interest or principal on general obligation
33    bonds that were approved by  referendum;  (b)  made  for  any
 
SB745 Engrossed             -353-              LRB9101253EGfg
 1    taxing  district  to  pay  interest  or  principal on general
 2    obligation bonds issued before March 1, 1995;  (c)  made  for
 3    any  taxing  district  to  pay interest or principal on bonds
 4    issued to refund or continue to  refund  those  bonds  issued
 5    before March 1, 1995; (d) made for any taxing district to pay
 6    interest  or  principal on bonds issued to refund or continue
 7    to refund bonds issued after March 1, 1995 that were approved
 8    by referendum; (e)  made  for  any  taxing  district  to  pay
 9    interest or principal on revenue bonds issued before March 1,
10    1995  for  payment  of  which a property tax levy or the full
11    faith and credit of the unit of local government is  pledged;
12    however,  a  tax  for the payment of interest or principal on
13    those bonds shall be made only after the  governing  body  of
14    the unit of local government finds that all other sources for
15    payment are insufficient to make those payments; (f) made for
16    payments  under  a  building  commission lease when the lease
17    payments are for  the  retirement  of  bonds  issued  by  the
18    commission  before  March  1,  1995,  to pay for the building
19    project;  (g)  made  for  payments  due   under   installment
20    contracts entered into before March 1, 1995; and (h) made for
21    payments  of principal and interest on bonds issued under the
22    Metropolitan  Water  Reclamation  District  Act  to   finance
23    construction projects initiated before October 1, 1991.
24        "Special purpose extensions" includes, but is not limited
25    to,  extensions  for  levies  made  on  an  annual  basis for
26    unemployment     compensation,     workers'     compensation,
27    self-insurance,   contributions   to   pension   plans,   and
28    extensions made under Section 6-601 of the  Illinois  Highway
29    Code  for  a  road  district's  permanent  road fund, whether
30    levied annually or not.  The extension for a special  service
31    area is not included in the aggregate extension.
32        "Aggregate  extension  base"  means the taxing district's
33    aggregate extension for the 1993 levy year as adjusted  under
34    Section 18-248.
 
SB745 Engrossed             -354-              LRB9101253EGfg
 1        "Levy  year" has the same meaning as "year" under Section
 2    1-155.
 3        "New property" means (i) the assessed value, after  final
 4    board   of   review  or  board  of  appeals  action,  of  new
 5    improvements or additions to  existing  improvements  on  any
 6    parcel  of  real property that increase the assessed value of
 7    that real property during the levy  year  multiplied  by  the
 8    equalization  factor  issued  by the Department under Section
 9    17-30 and (ii) the  assessed  value,  after  final  board  of
10    review  or  board  of  appeals  action,  of real property not
11    exempt from real estate taxation,  which  real  property  was
12    exempt  from  real  estate  taxation  for  any portion of the
13    immediately  preceding   levy   year,   multiplied   by   the
14    equalization  factor  issued  by the Department under Section
15    17-30.
16        "Recovered tax increment value" means the amount  of  the
17    1994 equalized assessed value, in the first year after a city
18    terminates  the  designation  of  an  area as a redevelopment
19    project area previously established under the  Tax  Increment
20    Allocation  Development Act of the Illinois Municipal Code or
21    previously established under the Industrial Jobs Recovery Law
22    of the Illinois Municipal  Code,  or  previously  established
23    under  the Economic Development Area Tax Increment Allocation
24    Act, of each taxable lot, block, tract,  or  parcel  of  real
25    property in the redevelopment project area over and above the
26    initial  equalized  assessed  value  of  each property in the
27    redevelopment project area.
28        Except as otherwise provided in this  Section,  "limiting
29    rate"  means  a  fraction  the  numerator  of  which  is  the
30    aggregate  extension  base  times 1.05 and the denominator of
31    which is the  1994  equalized  assessed  value  of  all  real
32    property  in  the  territory  under  the  jurisdiction of the
33    taxing district during the 1993 levy year.   The  denominator
34    shall  not  include  new  property  and shall not include the
 
SB745 Engrossed             -355-              LRB9101253EGfg
 1    recovered tax increment value.
 2    (Source: P.A.  89-1,  eff.  2-12-95;  89-138,  eff.  7-14-95;
 3    89-436, eff. 1-1-96; revised 10-28-98.)

 4        (35 ILCS 200/19-5)
 5        Sec.  19-5.   Township  collector's  bond and oath.  Each
 6    township  collector,  before  entering  upon  the  duties  of
 7    office, shall execute a bond, with surety or sureties  to  be
 8    approved  by  the supervisor and the township clerk. The bond
 9    shall be given for a sum equal to 160% of the largest  amount
10    of  taxes  collected by that officer or predecessor in office
11    in any one year during the preceding 5 years  if  individuals
12    act  as  sureties, or equal to 110% of such largest amount if
13    the security is given by a surety company  authorized  to  do
14    business  in  this  state,  estimated  by  the supervisor and
15    township clerk, that will  be   in  his  or  her  custody  or
16    control at any one time. Signatures to such bond, signed with
17    a  mark,  shall  be  witnessed,  but  in  no other case shall
18    witness be required. The bond shall be substantially  in  the
19    following form:
20        We A. B. of the .... of .... in the County of .... in the
21    State of Illinois, as township collector, and C. D. and E. F.
22    of that county and State, as securities, are obligated to the
23    People  of  the  State of Illinois, in the penal sum of $....
24    for the payment of which, we obligate ourselves,  our  heirs,
25    executors and administrators, successors and assigns.  Signed
26    on (insert date). this .... day of .... 19...
27        The  condition of the foregoing bond is such, that if the
28    above obligated A. B. performs all the duties required to  be
29    performed  as  collector  of  the  taxes for the year (insert
30    year) 19.., in the township of .... in the  county  of  ....,
31    Illinois,  in the time and manner prescribed by law, and when
32    he or she shall be succeeded in office, shall  surrender  and
33    deliver  over  to  his  or her successor in office all books,
 
SB745 Engrossed             -356-              LRB9101253EGfg
 1    papers  and  moneys  pertaining  to  the  office,  except  as
 2    hereinafter provided, then the foregoing  bond  to  be  void;
 3    otherwise to remain in full force.
 4        It   is   expressly  understood  and  intended  that  the
 5    obligation of the above named sureties shall  not  extend  to
 6    any  loss  sustained by the insolvency, failure or closing of
 7    any bank or trust  company  organized  and  operating  either
 8    under  the laws of the State of Illinois or the United States
 9    wherein the collector has placed the  funds  in  his  or  her
10    custody or control, or any part thereof.
11                        A. B. ....(Signature)
12                        C. D. ....(Signature)
13                        E. F. ....(Signature)

14        He  or  she  shall also take and subscribe an oath, to be
15    endorsed on the back of the bond, substantially as follows:
16        I do solemnly swear that I will support the  constitution
17    of  the  United  States, and the constitution of the State of
18    Illinois, and that I will faithfully discharge the duties  of
19    the office of township collector, according to the best of my
20    ability.
21    (Source: P.A. 84-551; 88-455; revised 10-20-98.)

22        (35 ILCS 200/19-40)
23        Sec.  19-40.   County  collector's  bond  and  oath. Each
24    county collector as soon as elected and qualified and  before
25    entering  upon the duties of office as collector, in addition
26    to the bond as  treasurer,  shall  furnish  a  bond  in  such
27    penalty  and with such security as the county board considers
28    sufficient.  In counties with 3,000,000 or more  inhabitants,
29    the  bond  shall  be  in  a  penal  sum  of  not  less   than
30    $1,500,000.   The  signatures  to the bond, signed by a mark,
31    shall be witnessed, but in no other  case  shall  witness  be
32    required.   The  bond shall be substantially in the following
33    form:
 
SB745 Engrossed             -357-              LRB9101253EGfg
 1        Know All Men by These Presents, that we, A. B. collector,
 2    and C. D. and E. F. securities, all of the county of .... and
 3    State of Illinois, are held and firmly bound unto the  People
 4    of  the  State of Illinois, in the penal sum of .... dollars,
 5    for the payment of which, well and truly to be made, we  bind
 6    ourselves,   each   of   us,   our   heirs,   executors   and
 7    administrators,  successors  and  assigns,  firmly  by  these
 8    presents.
 9        Signed and sealed on (insert date). this .... day of ....
10    19...
11        The  condition  of the foregoing bond is such that if the
12    above bound A.B. performs  all  the  duties  required  to  be
13    performed as collector of the taxes in the county of ...., in
14    the  State  of Illinois, in the time and manner prescribed by
15    law, and  when  succeeded  in  office,  shall  surrender  and
16    deliver  to his or her successor in office, all books, papers
17    and moneys appertaining to the office, except as  hereinafter
18    provided,  then  the  foregoing bond to be void; otherwise to
19    remain in full force.
20        It  is  expressly  understood  and  intended   that   the
21    obligation  of  the  above named sureties shall not extend to
22    any loss sustained by the insolvency, failure or  closing  of
23    any  bank  or  trust  company  organized and operating either
24    under the laws of the State of Illinois, or the United States
25    wherein the collector has placed the  funds  in  his  or  her
26    custody or control, or any part thereof.
27                          A. B. ....(SEAL)
28                          C. D. ....(SEAL)
29                          E. F. ....(SEAL)
30        He  or  she  shall also take and subscribe an oath, to be
31    endorsed on the back of the bond substantially as follows:
32        I do solemnly swear that I will support the  Constitution
33    of  the  State  of  Illinois,  and  that  I  will  faithfully
34    discharge  the  duties  of  the  office  of  county collector
 
SB745 Engrossed             -358-              LRB9101253EGfg
 1    according to the best of my ability.
 2    (Source: P.A. 76-2254; 88-455; revised 10-20-98.)

 3        (35 ILCS 200/20-50)
 4        Sec. 20-50.  Payment  to  taxing  districts  by  township
 5    collectors.  Township collectors; intermediate settlements.
 6        (a)  Township  collectors  shall,  every  30  days,  when
 7    required  to  do so by the proper authorities of incorporated
 8    towns, cities, villages, and road  and school  districts  for
 9    which  any  tax  is  collected, render to those authorities a
10    statement of the amount of each kind of tax collected for the
11    entity and the amount paid under protest.  At the same  time,
12    subject  to  Sections  3.1-35-60  through  3.1-35-80  of  the
13    Illinois Municipal Code, the collectors shall pay over to the
14    authorities  the  amount  of all taxes shown to be collected,
15    other than those paid under protest. The  payments  shall  be
16    made  as  directed in the warrant attached to the collector's
17    books.
18        (b)  Township collectors shall, every 30 days,  render  a
19    similar account of county taxes, to the county collector, and
20    at  the  same  time, the collectors shall pay over the amount
21    collected to the county collector.
22        (c)  Each township collector shall make final  settlement
23    for  all taxes charged in the tax books at or before the time
24    fixed in  Section  20-55.  In  making  the  settlements,  the
25    collectors  shall  be  entitled  to  credit  for  the  amount
26    uncollected  on the tax books as determined by the settlement
27    with the county collector.
28        (d)  The officer to whom any moneys are paid  under  this
29    Section shall deliver to the collector duplicate receipts for
30    those payments.
31    (Source: P.A. 87-1119; 88-455; revised 10-31-98.)

32        (35 ILCS 200/20-155)
 
SB745 Engrossed             -359-              LRB9101253EGfg
 1        Sec.   20-155.   Failure  to  report  and  pay;  suit  on
 2    collector's bond. If any county collector fails to  make  the
 3    reports  and payments required by this Code, for 5 days after
 4    the time specified for that purpose,  or  after  demand  made
 5    under  Section 20-150, suit may be brought on the collector's
 6    bond. Taxing districts or persons  aggrieved,  may  prosecute
 7    suit  against  any  collector  or other officer collecting or
 8    receiving funds for their use, by suit upon the bond, in  the
 9    name  of  the People of the State of Illinois, for their use,
10    in the circuit court.
11    (Source: P.A. 78-592; 88-455; revised 10-31-98.)

12        (35 ILCS 200/21-35)
13        Sec. 21-35.  Estimated billing in overlapping  districts.
14    In  counties  with  less than 3,000,000 inhabitants, when the
15    certified assessed valuations for that portion of overlapping
16    taxing districts lying in another county  for  the  preceding
17    year  have not been received by the county clerk by March 1,,
18    the county board, upon petition of the county clerk,  may  by
19    resolution  or  ordinance  adopted  on or prior to April 1 of
20    that year, adopt the estimated property  tax  billing  system
21    provided  for  in  this  Section  for taxes for the preceding
22    year.  The resolution or ordinance shall  be  effective  only
23    for the year in which it is adopted.
24        When  authorized by the county board to use the estimated
25    property tax billing system, the county clerk shall  estimate
26    the  assessed  valuations  for  the  other  counties  in  the
27    overlapping  taxing  districts  from which certified assessed
28    valuations for the preceding year have not been  received  by
29    March  1.   The  estimated  assessed  valuations  shall,  for
30    purposes  of  computing  the first installment tax billing in
31    the current year, be treated in the same manner as  certified
32    assessed valuations.  Where estimated assessed valuations are
33    used,  the  first  installment  billing shall be prepared and
 
SB745 Engrossed             -360-              LRB9101253EGfg
 1    mailed on or before May 1.
 2        The  county  clerk  shall   make   adjustments   in   the
 3    assessments,   based   on   the   actual  certified  assessed
 4    valuations later received from the other counties,  and  such
 5    adjustments  shall  be  included  in the tax billings for the
 6    second installment.  A county  using  the  estimated  billing
 7    system   shall   complete   and   mail  the  adjusted  second
 8    installment tax billing on or before August 1.
 9    (Source: P.A. 80-583; 88-455; revised 3-12-98.)

10        (35 ILCS 200/21-195)
11        Sec.  21-195.   Examination  of  record;  certificate  of
12    correctness.  On the day  advertised  for  sale,  the  county
13    clerk, assisted by the collector, shall examine the list upon
14    which  judgment  has  been  entered  and  ascertain  that all
15    payments have been properly noted thereon. The  county  clerk
16    shall  make  a  certificate  to  be  entered  on  the record,
17    following the order of court that the record is correct,  and
18    that judgment was entered upon the property therein mentioned
19    for   the   taxes,  interest  and  costs  due  thereon.   The
20    certificate shall be attested  by  the  circuit  court  clerk
21    under seal of the court and shall be the process on which the
22    property  or  any  interest  therein shall be sold for taxes,
23    special assessments, interest and costs due thereon, and  may
24    be substantially in the following form:
25    State of Illinois County of .....
26        I,  ....,  clerk  of  the  circuit  court, in and for the
27    county of ...., do hereby certify that  the  foregoing  is  a
28    true  and  correct  record  of the delinquent property in the
29    county, against which judgment and order  of  sale  was  duly
30    entered  in  the  circuit  court  for  the county, on (insert
31    date), the .... day of ...., 19..,  for  the  amount  of  the
32    taxes,  special assessments, interest and costs due severally
33    thereon as therein set forth, and that the judgment and order
 
SB745 Engrossed             -361-              LRB9101253EGfg
 1    of court in relation thereto fully appears on the record.
 2    Dated (insert date). .....
 3    (Source: P.A. 83-343; 88-455; revised 10-20-98.)

 4        (35 ILCS 200/21-310)
 5        Sec. 21-310. Sales in error.
 6        (a)  When, upon application of the county collector,  tax
 7    purchaser,  or  a  municipality  which  owns or has owned the
 8    property ordered sold, it appears to the satisfaction of  the
 9    court  which  ordered  the  property  sold  that  any  of the
10    following subsections are applicable, the court shall declare
11    the sale to be a sale in error:
12             (1)  the property was not subject to taxation,
13             (2)  the taxes or special assessments had been  paid
14        prior to the sale of the property,
15             (3)  there is a double assessment,
16             (4)  the description is void for uncertainty,
17             (5)  the  assessor, chief county assessment officer,
18        board of review, or board of appeals has  made  an  error
19        (other  than  an error of judgment as to the value of any
20        property), or
21             (6)  prior  to  the  tax   sale   a   voluntary   or
22        involuntary  petition  has  been  filed by or against the
23        legal or beneficial  owner  of  the  property  requesting
24        relief  under  the provisions of 11 U.S.C. Chapter 7, 11,
25        12, or 13.
26        (b)  When, upon application of the tax purchaser  or  his
27    or  her  assignee only, it appears to the satisfaction of the
28    court which  ordered  the  property  sold  that  any  of  the
29    following subsections are applicable, the court shall declare
30    a sale in error:
31             (1)  A  voluntary  or involuntary petition under the
32        provisions of 11 U.S.C. Chapter 7, 11, 12, or 13 has been
33        filed subsequent  to  the  tax  sale  and  prior  to  the
 
SB745 Engrossed             -362-              LRB9101253EGfg
 1        issuance of the tax deed.
 2             (2)  The  improvements  upon  the property sold have
 3        been substantially destroyed or rendered uninhabitable or
 4        otherwise unfit for occupancy subsequent to the tax  sale
 5        and prior to the issuance of the tax deed.
 6             (3)  There  is an interest held by the United States
 7        in the property sold which could not be  extinguished  by
 8        the tax deed.
 9             (4)  The   real   property   contains   a  hazardous
10        substance, hazardous waste, or underground  storage  tank
11        that  would  require  cleanup  or other removal under any
12        federal, State, or local law, ordinance,  or  regulation,
13        only  if the tax purchaser purchased the property without
14        actual knowledge of the  hazardous  substance,  hazardous
15        waste,  or  underground  storage tank. This paragraph (4)
16        applies only to tax purchases occurring after January  1,
17        1990  and if the tax purchaser or his or her assignee has
18        made application for a sale in error at any  time  before
19        the issuance of a tax deed.
20        If  a  sale is declared to be a sale in error, the county
21    clerk shall make entry in the tax judgment, sale,  redemption
22    and  forfeiture  record,  that  the  property was erroneously
23    sold, and the county collector shall, on demand of the  owner
24    of  the  certificate of purchase, refund the amount paid, pay
25    any interest and costs  as  may  be  ordered  under  Sections
26    21-315  through  21-335, and cancel the certificate so far as
27    it relates to the property. The county collector shall deduct
28    from the accounts of the appropriate taxing bodies their  pro
29    rata amounts paid.
30    (Source:   P.A.   88-455;   88-676,  eff.  12-14-94;  revised
31    10-31-98.)

32        (35 ILCS 200/22-5)
33        Sec. 22-5.  Notice of sale  and  redemption  rights.   In
 
SB745 Engrossed             -363-              LRB9101253EGfg
 1    order  to  be  entitled to a tax deed, within 4 months and 15
 2    days after any sale held under this Code,  the  purchaser  or
 3    his  or  her  assignee  shall  deliver  to the county clerk a
 4    notice to be given to the party in whose name the  taxes  are
 5    last  assessed  as  shown  by the most recent tax collector's
 6    warrant books, in at least 10 point  type  in  the  following
 7    form completely filled in:
 8                             TAKE NOTICE
 9        County of ...............................................
10        Date Premises Sold ......................................
11        Certificate No. .........................................
12        Sold for General Taxes of (year) ........................
13        Sold for Special Assessment of (Municipality)
14        and special assessment number ...........................
15        Warrant No. ...............   Inst. No. .................
16                   THIS PROPERTY HAS BEEN SOLD FOR
17                          DELINQUENT TAXES
18    Property located at .........................................
19    Legal Description or Permanent Index No. ....................
20    .............................................................
21    .............................................................
22        This  notice is to advise you that the above property has
23    been sold  for  delinquent  taxes  and  that  the  period  of
24    redemption from the sale will expire on .....................
25        This notice is also to advise you that a petition will be
26    filed  for a tax deed which will transfer title and the right
27    to possession of this property if redemption is not  made  on
28    or before ...................................................
29        At  the  date  of  this notice the total amount which you
30    must pay in order to redeem the above property is ...........
31               YOU ARE URGED TO REDEEM IMMEDIATELY TO
32                      PREVENT LOSS OF PROPERTY
33        Redemption can be made at any time on or before  ....  by
34    applying to the County Clerk of ...., County, Illinois at the
 
SB745 Engrossed             -364-              LRB9101253EGfg
 1    County Court House in ...., Illinois.
 2        The  above  amount  is  subject  to  increase  at 6 month
 3    intervals from the date of sale.  Check with the county clerk
 4    as to the exact amount you  owe  before  redeeming.   Payment
 5    must  be  made  by  certified  check,  cashier's check, money
 6    order, or in cash.
 7        For further information contact the County Clerk.
 8    ...............................
 9    Purchaser or Assignee
10        Dated (insert date). this .... day of .... ... 19....

11        Within 10 days after receipt of said notice,  the  county
12    clerk  shall  mail to the addresses supplied by the purchaser
13    or assignee, by registered or certified mail, copies of  said
14    notice to the party in whose name the taxes are last assessed
15    as  shown  by  the most recent tax collector's warrant books.
16    The purchaser or assignee shall pay to the clerk postage plus
17    the sum of $10.  The clerk shall write or stamp the  date  of
18    receiving  the  notices  upon  the copies of the notices, and
19    retain one copy.
20    (Source: P.A. 88-455; 89-538, eff. 1-1-97; revised 10-20-98.)

21        (35 ILCS 200/22-10)
22        Sec.  22-10.  Notice   of   expiration   of   period   of
23    redemption.  A purchaser or assignee shall not be entitled to
24    a tax deed to the property  sold  unless,  not  less  than  3
25    months  nor more than 5 months prior to the expiration of the
26    period of redemption, he or she gives notice of the sale  and
27    the  date  of  expiration  of the period of redemption to the
28    owners, occupants and parties interested in the  property  as
29    provided below.
30        The  Notice  to  be  given  to the parties shall be in at
31    least 10 point type in the following form  completely  filled
32    in:
33    TAX DEED NO. ....................  FILED ....................
 
SB745 Engrossed             -365-              LRB9101253EGfg
 1                             TAKE NOTICE
 2        County of ...............................................
 3        Date Premises Sold ......................................
 4        Certificate No.  ........................................
 5        Sold for General Taxes of (year) ........................
 6        Sold for Special Assessment of (Municipality)
 7        and special assessment number ...........................
 8        Warrant No. ................  Inst. No. .................
 9                   THIS PROPERTY HAS BEEN SOLD FOR
10                          DELINQUENT TAXES
11    Property located at .........................................
12    Legal Description or Property Index No. .....................
13    .............................................................
14    .............................................................
15        This  notice is to advise you that the above property has
16    been sold  for  delinquent  taxes  and  that  the  period  of
17    redemption from the sale will expire on .....................
18    .............................................................
19        The  amount  to  redeem is subject to increase at 6 month
20    intervals from the date of sale and may be further  increased
21    if  the purchaser at the tax sale or his or her assignee pays
22    any subsequently accruing taxes  or  special  assessments  to
23    redeem the property from subsequent forfeitures or tax sales.
24    Check  with  the  county clerk as to the exact amount you owe
25    before redeeming.
26        This notice is also to advise you  that  a  petition  has
27    been  filed  for a tax deed which will transfer title and the
28    right to possession of this property  if  redemption  is  not
29    made on or before ...........................................
30        This  matter  is  set for hearing in the Circuit Court of
31    this county in ...., Illinois on .....
32        You may be present at this  hearing  but  your  right  to
33    redeem will already have expired at that time.
34                 YOU ARE URGED TO REDEEM IMMEDIATELY
 
SB745 Engrossed             -366-              LRB9101253EGfg
 1                     TO PREVENT LOSS OF PROPERTY
 2        Redemption  can be made at any time on or before ....  by
 3    applying to the County Clerk of ...., County, Illinois at the
 4    County Court House in ...., Illinois.
 5        For  further  information   contact  the  County   Clerk.
 6    
 7                                       ..........................
 8                                         Purchaser or Assignee.

 9        In counties  with  3,000,000  or  more  inhabitants,  the
10    notice  shall also state the address, room number and time at
11    which the matter is set for hearing.
12        This amendatory Act of 1996 applies only  to  matters  in
13    which  a  petition  for  tax  deed  is  filed on or after the
14    effective date of this amendatory Act of 1996.
15    (Source: P.A. 88-455; 89-686, eff. 6-1-97; revised 10-31-98.)

16        (35 ILCS 200/22-65)
17        Sec. 22-65.  Form of deed.  A tax deed  executed  by  the
18    county  clerk  under the official seal of the county shall be
19    recorded in the same manner as other conveyances of property,
20    and vests in the grantee, his or her heirs and  assigns,  the
21    title  of  the  property  therein  described  without further
22    acknowledgment or evidence of the conveyance.  The conveyance
23    shall be substantially in the following form:
24    State of Illinois)
25                     ) ss.
26    County of .......)
27        At a public sale of property for the nonpayment of taxes,
28    held in the county above stated, on (insert date), 19..,  the
29    following   described   property   was   sold:   (here  place
30    description of property conveyed).  The property  not  having
31    been redeemed from the sale, and it appearing that the holder
32    of  the  certificate of purchase of the property has complied
33    with the laws of the State of Illinois necessary  to  entitle
 
SB745 Engrossed             -367-              LRB9101253EGfg
 1    (insert  him, her or them) to a deed of the property: I ....,
 2    county clerk of the county of ...., in consideration  of  the
 3    property  and  by  virtue  of  the  statutes  of the State of
 4    Illinois in such cases provided, grant and  convey  to  ....,
 5    his  or her heirs and assigns forever, the property described
 6    above.
 7        Dated (insert date). 19
 8                     Signature of .................. County Clerk
 9                                 Seal of County of ...., Illinois
10    (Source: P.A. 84-1308; 88-455; revised 10-20-98.)

11        (35 ILCS 200/22-80)
12        Sec. 22-80.  Order  of  court  setting  aside  tax  deed;
13    payments to holder of deed.
14        (a)  Any  order  of court vacating an order directing the
15    county clerk to issue a tax deed based upon  a  finding  that
16    the   property   was  not  subject  to  taxation  or  special
17    assessment, or that the taxes or special assessments had been
18    paid prior to the sale of the property, or that the tax  sale
19    was  otherwise  void, shall declare the tax sale to be a sale
20    in error pursuant to Section 21-310 31-310 of this Act.   The
21    order  shall direct the county collector to refund to the tax
22    deed grantee or his or her successors and assigns (or,  if  a
23    tax  deed  has not yet issued, the holder of the certificate)
24    the following amounts:
25             (1)  all taxes and  special  assessments  purchased,
26        paid,  or  redeemed  by  the  tax purchaser or his or her
27        assignee, or by the  tax  deed  grantee  or  his  or  her
28        successors  and assigns, whether before or after entry of
29        the order for tax deed, with interest at the rate  of  1%
30        per  month  from  the date each amount was paid until the
31        date of payment pursuant to this Section;
32             (2)  all costs  paid  and  posted  to  the  judgment
33        record   and  not  included  in  paragraph  (1)  of  this
 
SB745 Engrossed             -368-              LRB9101253EGfg
 1        subsection (a); and
 2             (3)  court reporter fees  for  the  hearing  on  the
 3        application  for tax deed and transcript thereof, cost of
 4        certification of tax deed order, cost of issuance of  tax
 5        deed, and cost of recording of tax deed.
 6        (b)  Except in those cases described in subsection (a) of
 7    this  Section, and unless the court on motion of the tax deed
 8    petitioner extends the redemption period to a date not  later
 9    than  3  years  from  the  date  of  sale, any order of court
10    finding that an order directing the county clerk to  issue  a
11    tax  deed  should  be  vacated  shall  direct  the  party who
12    successfully contested the entry of the order to pay  to  the
13    tax deed grantee or his or her successors and assigns (or, if
14    a tax deed has not yet issued, the holder of the certificate)
15    within 90 days after the date of the finding:
16             (1)  the  amount  necessary  to  redeem the property
17        from the sale as  of  the  last  day  of  the  period  of
18        redemption,  except that, if the sale is a scavenger sale
19        pursuant to Section 21-260 of this  Act,  the  redemption
20        amount   shall   not  include  an  amount  equal  to  all
21        delinquent  taxes  on  such  property  which  taxes  were
22        delinquent at the time of sale; and
23             (2)  amounts in satisfaction of municipal liens paid
24        by the tax purchaser or his  or  her  assignee,  and  the
25        amounts specified in paragraphs (1) and (3) of subsection
26        (a)  of  this  Section, to the extent the amounts are not
27        included in paragraph (1) of this subsection (b).
28        If the payment is not made within the 90-day period,  the
29    petition  to  vacate  the order directing the county clerk to
30    issue a tax deed shall be  denied  with  prejudice,  and  the
31    order  directing  the  county clerk to issue a tax deed shall
32    remain in full force and effect.  No final order vacating any
33    order directing the county clerk to issue a tax deed shall be
34    entered pursuant to this subsection (b) until the payment has
 
SB745 Engrossed             -369-              LRB9101253EGfg
 1    been made.
 2    (Source: P.A. 88-455; 89-342, eff. 1-1-96; revised 3-12-98.)

 3        (35 ILCS 200/22-90)
 4        Sec. 22-90.  Recording  of  certificate  of  purchase  by
 5    municipality.   If  any  city,  village or incorporated town,
 6    interested  in  the  collection  of  any   special   tax   or
 7    assessment, acquires a certificate of purchase at a tax sale,
 8    it  is  not required to take out a deed, but may preserve its
 9    lien under the certificate of purchase, beyond the period  of
10    redemption,  by  recording  the  certificate  of  purchase or
11    evidence thereof within 1 year from  the  expiration  of  the
12    period of redemption or extended period of redemption, in the
13    office of the recorder of the county in which the property is
14    situated,  or by presenting  the certificate for registration
15    in the manner provided by law, to the registrar of titles  in
16    the  case  of property registered under the Registered Titles
17    (Torrens) Act.  The recorded certificate of purchase  or  the
18    evidence  thereof shall contain language in substantially the
19    following form:
20    STATE OF ....)
21                 )SS
22    COUNTY OF ...)
23        The following described property was sold  to  the  (here
24    place  name  of  city,  village,  or incorporated town), at a
25    public  sale  for  the  nonpayment  of   special   taxes   or
26    assessments in the above stated county, on (insert date), the
27    ....  day  of  ....,  19  ..,  to-wit:  (here  place property
28    description).  The sale was for the delinquent special tax or
29    assessment (here place the special assessment warrant  number
30    and  installment).   Unless  payment or settlement is made at
31    the  office  of  (here  place   proper   city,   village   or
32    incorporated  town  officer),  the municipality for which the
33    above lien or liens  were  created  may  at  any  time  after
 
SB745 Engrossed             -370-              LRB9101253EGfg
 1    expiration  of  the period of redemption, sell and assign the
 2    certificate of purchase.   Either  the  municipality  or  its
 3    assignee  at  any  time  after  expiration  of  the period of
 4    redemption may file a complaint  to  foreclose  or  bring  an
 5    action for the amount of the special tax or assessment due.
 6        Dated (insert date). this .... day of ...., 19...
 7                                      ...........................
 8                                              (Proper Officer)
 9    (Source: P.A. 90-655, eff. 7-30-98; revised 10-20-98.)

10        (35 ILCS 200/23-35)
11        Sec.   23-35.  Tax   objection   based   on   budget   or
12    appropriation  ordinance.   Notwithstanding the provisions of
13    Section 23-10, no objection to any property tax levied by any
14    municipality shall be sustained by any court because  of  the
15    forms of any budget or appropriation ordinance, or the degree
16    of  itemization  or  classification  of items therein, or the
17    reasonableness  of  any  amount  budgeted   or   appropriated
18    thereby, if:
19             (a)  a  tentative budget and appropriation ordinance
20        was prepared at  the direction of the governing  body  of
21        the  municipality  and  made  conveniently  available  to
22        public  inspection  for  at  least  30  days prior to the
23        public  hearing  specified  below  and  to  final  action
24        thereon;.
25             (b)  at least one public hearing has  been  held  by
26        the  governing  body  as  to  the  tentative  budget  and
27        appropriation  ordinance  prior  to final action thereon,
28        and notice of the time and  place  where  copies  of  the
29        tentative   budget   and   appropriation  ordinances  are
30        available for public inspection, and the time  and  place
31        of  the  hearing,  has  been  given  by publication  in a
32        newspaper published in the municipality at least 30  days
33        prior  to  the  time  of  the hearing, or, if there is no
 
SB745 Engrossed             -371-              LRB9101253EGfg
 1        newspaper published in the municipality,  notice  of  the
 2        public  hearing  has  been  given  by  publication  in  a
 3        newspaper of general circulation in the municipality; and
 4             (c)  the  budget and appropriation ordinance finally
 5        adopted is substantially identical, as to the matters  to
 6        which  objection  is  made, with the tentative budget and
 7        appropriation ordinance submitted at the public  hearing,
 8        unless  the  taxpayer  making  the objection has made the
 9        same objection in writing and with the  same  specificity
10        to  the  governing  body of the municipality prior to the
11        adoption of the budget and appropriation ordinance.
12        "Municipality",  as  used  in  this  Section,  means  all
13    municipal corporations in,  and  political  subdivisions  of,
14    this  State  except the following: counties; cities, villages
15    and incorporated towns; sanitary districts created under  the
16    Metropolitan  Water Reclamation District Act; forest preserve
17    districts having a population of 3,000,000 or  more,  created
18    under  the  Cook  County  Forest  Preserve Park District Act;
19    boards of education of school districts in  cities  exceeding
20    1,000,000  inhabitants;  the  Chicago  Park  District created
21    under the Chicago Park District Act; and  park  districts  as
22    defined in subsection (b) of Section 1-3 of the Park District
23    Code.
24    (Source:   P.A.   88-455;   89-126,   eff.  7-11-95;  revised
25    10-31-98.)

26        Section 62.   The  Motor  Fuel  Tax  Law  is  amended  by
27    changing Section 8 as follows:

28        (35 ILCS 505/8) (from Ch. 120, par. 424)
29        Sec.  8.   Except  as  provided  in Section 8a, all money
30    received by the Department under this Act, including payments
31    made to the Department by member jurisdictions  participating
32    in  the  International Fuel Tax Agreement, shall be deposited
 
SB745 Engrossed             -372-              LRB9101253EGfg
 1    in a special fund in the State treasury, to be known  as  the
 2    "Motor Fuel Tax Fund", and shall be used as follows:
 3        (a)  2  1/2  cents  per  gallon  of  the tax collected on
 4    special fuel under paragraph (b) of Section 2 and Section 13a
 5    of this Act shall be transferred to  the  State  Construction
 6    Account Fund in the State Treasury;
 7        (b)  $420,000  shall  be  transferred  each  month to the
 8    State Boating Act Fund  to  be  used  by  the  Department  of
 9    Natural  Resources for the purposes specified in Article X of
10    the Boat Registration and Safety Act;
11        (c)  $1,500,000 shall be transferred each  month  to  the
12    Grade  Crossing  Protection  Fund  to be used as follows: not
13    less than $6,000,000 each fiscal year shall be used  for  the
14    construction   or   reconstruction   of  rail  highway  grade
15    separation structures; beginning with fiscal  year  1997  and
16    ending  in  fiscal  year  1999,  $1,500,000,  and $750,000 in
17    fiscal year 2000 and each fiscal  year  thereafter  shall  be
18    transferred  to  the Transportation Regulatory Fund and shall
19    be accounted for as part of the rail carrier portion of  such
20    funds  and shall be used to pay the cost of administration of
21    the Illinois Commerce Commission's railroad safety program in
22    connection with its duties under subsection  (3)  of  Section
23    18c-7401  of the Illinois Vehicle Code, with the remainder to
24    be used by the Department of Transportation upon order of the
25    Illinois Commerce Commission, to pay that part  of  the  cost
26    apportioned  by  such  Commission  to  the State to cover the
27    interest of the public in  the  use  of  highways,  roads  or
28    streets  in  the county highway system, township and district
29    road system or municipal street  system  as  defined  in  the
30    Illinois  Highway  Code, as the same may from time to time be
31    amended,  for  separation  of   grades,   for   installation,
32    construction  or  reconstruction  of  crossing  protection or
33    reconstruction, alteration, relocation including construction
34    or improvement of any existing highway necessary  for  access
 
SB745 Engrossed             -373-              LRB9101253EGfg
 1    to  property  or  improvement of any grade crossing including
 2    the necessary highway  approaches  thereto  of  any  railroad
 3    across  the highway or public road, as provided for in and in
 4    accordance with Section  18c-7401  of  the  Illinois  Vehicle
 5    Code.   In  entering  orders  for projects for which payments
 6    from the Grade Crossing Protection Fund  will  be  made,  the
 7    Commission  shall  account for expenditures authorized by the
 8    orders on a cash rather than an accrual basis.  For  purposes
 9    of this requirement an "accrual basis" assumes that the total
10    cost  of  the project is expended in the fiscal year in which
11    the order is entered, while a "cash basis" allocates the cost
12    of  the  project  among  fiscal  years  as  expenditures  are
13    actually made.  To meet the requirements of this  subsection,
14    the  Illinois  Commerce  Commission  shall develop annual and
15    5-year project plans of rail  crossing  capital  improvements
16    that  will  be  paid  for with moneys from the Grade Crossing
17    Protection Fund.  The  annual  project  plan  shall  identify
18    projects  for  the  succeeding  fiscal  year  and  the 5-year
19    project plan shall  identify  projects  for  the  5  directly
20    succeeding  fiscal  years.   The  Commission shall submit the
21    annual  and  5-year  project  plans  for  this  Fund  to  the
22    Governor, the President of the Senate,  the  Senate  Minority
23    Leader,  the Speaker of the House of Representatives, and the
24    Minority Leader of the House of Representatives on the  first
25    Wednesday in April of each year;
26        (d)  of  the  amount remaining after allocations provided
27    for in subsections (a), (b)  and  (c),  a  sufficient  amount
28    shall be reserved to pay all of the following:
29             (1)  the  costs  of  the  Department  of  Revenue in
30        administering this Act;
31             (2)  the costs of the Department  of  Transportation
32        in  performing its duties imposed by the Illinois Highway
33        Code for supervising the use  of  motor  fuel  tax  funds
34        apportioned   to   municipalities,   counties   and  road
 
SB745 Engrossed             -374-              LRB9101253EGfg
 1        districts;
 2             (3)  refunds provided for in Section 13 of this  Act
 3        and  under  the  terms  of  the  International  Fuel  Tax
 4        Agreement referenced in Section 14a;
 5             (4)  from  October  1, 1985 until June 30, 1994, the
 6        administration of the Vehicle Emissions  Inspection  Law,
 7        which   amount   shall   be   certified  monthly  by  the
 8        Environmental Protection Agency to the State  Comptroller
 9        and   shall   promptly   be   transferred  by  the  State
10        Comptroller and Treasurer from the Motor Fuel Tax Fund to
11        the Vehicle Inspection Fund, and beginning July 1,  1994,
12        and  until  December 31, 2000, one-twelfth of $25,000,000
13        each  month  for  the  administration  of   the   Vehicle
14        Emissions  Inspection  Law  of 1995, to be transferred by
15        the State Comptroller and Treasurer from the  Motor  Fuel
16        Tax Fund into the Vehicle Inspection Fund;
17             (5)  amounts  ordered  paid  by the Court of Claims;
18        and
19             (6)  payment of motor fuel use taxes due  to  member
20        jurisdictions  under  the terms of the International Fuel
21        Tax  Agreement.   The  Department  shall  certify   these
22        amounts to the Comptroller by the 15th day of each month;
23        the  Comptroller  shall cause orders to be drawn for such
24        amounts, and the Treasurer shall administer those amounts
25        on or before the last day of each month;
26        (e)  after allocations for  the  purposes  set  forth  in
27    subsections (a), (b), (c) and (d), the remaining amount shall
28    be apportioned as follows:
29             (1)  58.4% shall be deposited as follows:
30                  (A)  37%  into  the  State Construction Account
31             Fund, and
32                  (B)  63% into  the  Road  Fund,  $1,250,000  of
33             which   shall   be   reserved  each  month  for  the
34             Department  of  Transportation   to   be   used   in
 
SB745 Engrossed             -375-              LRB9101253EGfg
 1             accordance  with  the  provisions  of Sections 6-901
 2             through 6-906 of the Illinois Highway Code;
 3             (2)  41.6% shall be transferred to the Department of
 4        Transportation to be distributed as follows:
 5                  (A)  49.10% to the municipalities of the State,
 6                  (B)  16.74% to the counties of the State having
 7             1,000,000 or more inhabitants,
 8                  (C)  18.27% to the counties of the State having
 9             less than 1,000,000 inhabitants,
10                  (D)  15.89% to the road districts of the State.
11        As soon as may be after the first day of each  month  the
12    Department of Transportation shall allot to each municipality
13    its   share   of   the  amount  apportioned  to  the  several
14    municipalities which shall be in proportion to the population
15    of such municipalities as determined by  the  last  preceding
16    municipal  census  if  conducted by the Federal Government or
17    Federal census. If territory is annexed to  any  municipality
18    subsequent  to  the  time  of  the  last preceding census the
19    corporate authorities of such municipality may cause a census
20    to be taken of such annexed territory and the  population  so
21    ascertained   for  such  territory  shall  be  added  to  the
22    population of the municipality  as  determined  by  the  last
23    preceding census for the purpose of determining the allotment
24    for that municipality.  If the population of any municipality
25    was  not  determined by the last Federal census preceding any
26    apportionment, the apportionment to such  municipality  shall
27    be  in accordance with any census taken by such municipality.
28    Any municipal census used in  accordance  with  this  Section
29    shall be certified to the Department of Transportation by the
30    clerk of such municipality, and the accuracy thereof shall be
31    subject  to  approval  of  the Department which may make such
32    corrections as it ascertains to be necessary.
33        As soon as may be after the first day of each  month  the
34    Department  of  Transportation shall allot to each county its
 
SB745 Engrossed             -376-              LRB9101253EGfg
 1    share of the amount apportioned to the  several  counties  of
 2    the  State  as herein provided. Each allotment to the several
 3    counties having less than 1,000,000 inhabitants shall  be  in
 4    proportion  to  the  amount  of  motor  vehicle  license fees
 5    received from the residents of such  counties,  respectively,
 6    during  the  preceding  calendar year. The Secretary of State
 7    shall, on or before April 15 of each year,  transmit  to  the
 8    Department  of  Transportation  a  full  and  complete report
 9    showing the amount of motor  vehicle  license  fees  received
10    from  the  residents of each county, respectively, during the
11    preceding calendar year.  The  Department  of  Transportation
12    shall,  each  month, use for allotment purposes the last such
13    report received from the Secretary of State.
14        As soon as may be after the first day of each month,  the
15    Department  of  Transportation  shall  allot  to  the several
16    counties their share of the amount apportioned for the use of
17    road districts.  The allotment shall be apportioned among the
18    several counties in the State in  the  proportion  which  the
19    total mileage of township or district roads in the respective
20    counties  bears  to  the  total  mileage  of all township and
21    district roads in the State. Funds allotted to the respective
22    counties for the use  of  road  districts  therein  shall  be
23    allocated  to the several road districts in the county in the
24    proportion which  the  total  mileage  of  such  township  or
25    district  roads in the respective road districts bears to the
26    total mileage of all such township or district roads  in  the
27    county.   After  July  1  of any year, no allocation shall be
28    made for any road district unless it levied a  tax  for  road
29    and  bridge  purposes  in  an  amount  which will require the
30    extension of such tax against the  taxable  property  in  any
31    such  road district at a rate of not less than either .08% of
32    the value thereof, based upon the  assessment  for  the  year
33    immediately  prior  to  the year in which such tax was levied
34    and as equalized by the Department of Revenue or,  in  DuPage
 
SB745 Engrossed             -377-              LRB9101253EGfg
 1    County,  an  amount equal to or greater than $12,000 per mile
 2    of  road  under  the  jurisdiction  of  the  road   district,
 3    whichever is less.  If any road district has levied a special
 4    tax  for  road purposes pursuant to Sections 6-601, 6-602 and
 5    6-603 of the Illinois Highway Code, and such tax  was  levied
 6    in  an  amount which would require extension at a rate of not
 7    less than .08% of the value of the taxable property  thereof,
 8    as equalized or assessed by the Department of Revenue, or, in
 9    DuPage County, an amount equal to or greater than $12,000 per
10    mile  of  road  under  the jurisdiction of the road district,
11    whichever is less, such levy  shall,  however,  be  deemed  a
12    proper  compliance  with  this Section and shall qualify such
13    road district for an allotment  under  this  Section.   If  a
14    township  has  transferred  to the road and bridge fund money
15    which, when added to the amount of any tax levy of  the  road
16    district  would  be  the  equivalent  of a tax levy requiring
17    extension at a rate of at least .08%,  or, in DuPage  County,
18    an  amount  equal to or greater than $12,000 per mile of road
19    under the jurisdiction of the  road  district,  whichever  is
20    less,  such  transfer, together with any such tax levy, shall
21    be deemed a proper compliance with  this  Section  and  shall
22    qualify  the  road  district  for  an  allotment  under  this
23    Section.
24        In  counties in which a property tax extension limitation
25    is imposed under the Property Tax Extension  Limitation  Law,
26    road  districts  may retain their entitlement to a motor fuel
27    tax allotment if, at the  time  the  property  tax  extension
28    limitation  was imposed, the road district was levying a road
29    and bridge tax at a rate sufficient to entitle it to a  motor
30    fuel   tax  allotment  and  continues  to  levy  the  maximum
31    allowable amount after the imposition  of  the  property  tax
32    extension   limitation.    Any   road  district  may  in  all
33    circumstances retain its entitlement  to  a  motor  fuel  tax
34    allotment  if  it  levied  a road and bridge tax in an amount
 
SB745 Engrossed             -378-              LRB9101253EGfg
 1    that will require  the  extension  of  the  tax  against  the
 2    taxable  property  in the road district at a rate of not less
 3    than 0.08% of the assessed value of the property, based  upon
 4    the assessment for the year immediately preceding the year in
 5    which  the  tax was levied and as equalized by the Department
 6    of Revenue or, in  DuPage  County,  an  amount  equal  to  or
 7    greater  than $12,000 per mile of road under the jurisdiction
 8    of the road district, whichever is less.
 9        As used in this Section the term  "road  district"  means
10    any  road  district,  including  a county unit road district,
11    provided for by the  Illinois  Highway  Code;  and  the  term
12    "township  or  district  road" means any road in the township
13    and district road system as defined in the  Illinois  Highway
14    Code.  For the purposes of this Section, "road district" also
15    includes   park  districts,  forest  preserve  districts  and
16    conservation  districts  organized  under  Illinois  law  and
17    "township or district road" also includes such roads  as  are
18    maintained  by  park districts, forest preserve districts and
19    conservation districts.   The  Department  of  Transportation
20    shall  determine  the  mileage  of  all township and district
21    roads for the purposes of making allotments  and  allocations
22    of motor fuel tax funds for use in road districts.
23        Payment  of  motor  fuel tax moneys to municipalities and
24    counties  shall  be  made  as  soon  as  possible  after  the
25    allotment is made.  The  treasurer  of  the  municipality  or
26    county may invest these funds until their use is required and
27    the  interest earned by these investments shall be limited to
28    the same uses as the principal funds.
29    (Source: P.A.  89-167,  eff.  1-1-96;  89-445,  eff.  2-7-96;
30    89-699,  eff.  1-16-97;  90-110,  eff.  7-14-97; 90-655, eff.
31    7-30-98; 90-659, eff. 1-1-99; 90-691,  eff.  1-1-99;  revised
32    9-16-98.)

33        Section  63.   The  Coin-Operated  Amusement  Device  and
 
SB745 Engrossed             -379-              LRB9101253EGfg
 1    Redemption  Machine  Tax Act is amended by changing Section 3
 2    as follows:

 3        (35 ILCS 510/3) (from Ch. 120, par. 481b.3)
 4        Sec. 3.  (1) All licenses herein provided  for  shall  be
 5    transferable  from  one  device  to  another device. Any such
 6    transfer from one device to another shall be reported to  the
 7    Department of Revenue on forms prescribed by such Department.
 8    All  licenses  issued  hereunder  shall  expire  on  July  31
 9    following issuance.
10        (2)  (Blank).
11    (Source: P.A. 86-905; revised 10-31-98.)

12        Section  64.   The  Mobile Home Local Services Tax Act is
13    amended by changing Section 7 as follows:

14        (35 ILCS 515/7) (from Ch. 120, par. 1207)
15        Sec. 7.  The local services  tax  for  owners  of  mobile
16    homes who (a) are actually residing in such mobile homes, (b)
17    hold  title  to such mobile home as provided in the "Illinois
18    Vehicle Code", approved September 29, 1969, as  amended,  and
19    (c)  are  65  years  of  age or older or are disabled persons
20    within the meaning of Section 3.14 of  the  "Senior  Citizens
21    and  Disabled  Persons Property Tax Relief and Pharmaceutical
22    Assistance Act" on the annual billing date shall  be  reduced
23    to  80  percent  of the tax provided for in Section 3 of this
24    Act.  Proof that a  claimant  has  been  issued  an  Illinois
25    Disabled Person Identification Card stating that the claimant
26    is  under  a Class 2 disability, as provided in Section 4A of
27    The Illinois Identification Card Act, shall constitute  proof
28    that the person thereon named is a disabled person within the
29    meaning of this Act.  An application for reduction of the tax
30    shall  be  filed with the county clerk by the individuals who
31    are entitled to the reduction. If the  application  is  filed
 
SB745 Engrossed             -380-              LRB9101253EGfg
 1    after  May  1, the reduction in tax shall begin with the next
 2    annual bill.  Application for the reduction in tax  shall  be
 3    done  by  submitting proof that the applicant has been issued
 4    an Illinois Disabled Person Identification  Card  designating
 5    the  applicant's  disability  as  a Class 2 disability, or by
 6    affidavit in substantially the following form:
 7     APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX
 8        I hereby make application for a reduction to 80%  of  the
 9    total  tax  imposed  under  "An  Act  to  provide for a local
10    services tax on mobile homes".
11        (1)  Senior Citizens
12        (a)  I actually reside in the mobile home ....
13        (b)  I hold title to the mobile home as provided  in  the
14    Illinois Vehicle Code ....
15        (c)  I  reached the age of 65 on or before either January
16    1 (or July 1) of the year in which this statement  is  filed.
17    My date of birth is: ...
18        (2)  Disabled Persons
19        (a)  I actually reside in the mobile home...
20        (b)  I  hold  title to the mobile home as provided in the
21    Illinois Vehicle Code ....
22        (c)  I was totally disabled  on  ...  and  have  remained
23    disabled  until  the  date  of  this  application.  My Social
24    Security,  Veterans,  Railroad   or   Civil   Service   Total
25    Disability  Claim  Number  is  ...   The undersigned declares
26    under the penalty of perjury that the  above  statements  are
27    true and correct.
28    Dated (insert date). ...., 19 ..
29                                      ...........................
30                                               Signature of owner
31                                      ...........................
32                                                        (Address)
33                                      ...........................
34                                           (City)  (State)  (Zip)
 
SB745 Engrossed             -381-              LRB9101253EGfg
 1    Approved by:
 2    .............................
 3    (Assessor)

 4    This  application  shall  be  accompanied  by  a  copy of the
 5    applicant's most recent application filed with  the  Illinois
 6    Department of Revenue under the "Senior Citizens and Disabled
 7    Persons  Property  Tax  Relief  and Pharmaceutical Assistance
 8    Act," approved July 17, 1972, as amended.
 9    (Source: P.A. 84-832; revised 10-20-98.)

10        Section 65.  The Public Utilities Revenue Act is  amended
11    by changing Section 2a.1 as follows:

12        (35 ILCS 620/2a.1) (from Ch. 120, par. 469a.1)
13        Sec.  2a.1.    Imposition  of tax on invested capital and
14    on distribution of electricity.
15        (a)  In addition to  the  tax  imposed  by  the  Illinois
16    Income  Tax  Act, there is hereby imposed upon every taxpayer
17    (other than an electric cooperative,  a  school  district  or
18    unit  of  local government as defined in Section 1 of Article
19    VII of the Illinois Constitution of 1970), an additional  tax
20    as follows:
21             (i)  For   the   first   500,000,000  kilowatt-hours
22        distributed by the taxpayer  in  this  State  during  the
23        taxable period, 0.031 cents per kilowatt-hour;
24             (ii)  For   the  next  1,000,000,000  kilowatt-hours
25        distributed by the taxpayer  in  this  State  during  the
26        taxable period, 0.050 cents per kilowatt-hour;
27             (iii)  For  the  next  2,500,000,000  kilowatt-hours
28        distributed  by  the  taxpayer  in  this State during the
29        taxable period, 0.070 cents per kilowatt-hour;
30             (iv)  For  the  next  4,000,000,000   kilowatt-hours
31        killowatt-hours distributed by the taxpayer in this State
32        during the taxable period, 0.140 cents per kilowatt-hour;
 
SB745 Engrossed             -382-              LRB9101253EGfg
 1             (v)  For   the   next  7,000,000,000  kilowatt-hours
 2        distributed by the taxpayer  in  this  State  during  the
 3        taxable period, 0.180 cents per kilowatt-hour;
 4             (vi)  For   the  next  3,000,000,000  kilowatt-hours
 5        killowatt-hours distributed by the taxpayer in this State
 6        during the taxable period, 0.142 cents per kilowatt-hour;
 7        and
 8             (vii)  For all  kilowatt-hours  distributed  by  the
 9        taxpayer  in  this  State  during  the  taxable period in
10        excess of 18,000,000,000 kilowatt-hours, 0.131 cents per
11        kilowatt-hour killowatt-hour.
12        (b)  There is imposed on electric cooperatives  that  are
13    required  to  file reports with the Rural Utilities Service a
14    tax equal to 0.8% of such cooperative's invested capital  for
15    the  taxable period. The invested capital tax imposed by this
16    subsection shall not be imposed on electric cooperatives  not
17    required to file reports with the Rural Utilities Service.
18        (c)  If,   for  any  taxable  period,  the  total  amount
19    received by the Department from the tax imposed by subsection
20    (a) exceeds $145,279,553 plus, for taxable periods subsequent
21    to 1998, an amount equal to the lesser of (i) 5% or (ii)  the
22    percentage  increase  in  the Consumer Price Index during the
23    immediately preceding taxable period,  of  the  total  amount
24    received by the Department from the tax imposed by subsection
25    (a)  for the immediately preceding taxable period, determined
26    after  allowance  of  the  credit  provided   for   in   this
27    subsection,  the  Department  shall issue credit memoranda in
28    the aggregate amount of the excess to each of  the  taxpayers
29    who  paid  any  amount  of  tax under subsection (a) for that
30    taxable period in the proportion which the amount paid by the
31    taxpayer  bears  to  the  total  amount  paid  by  all   such
32    taxpayers. This calculation shall be made as of December 1 of
33    the  year  following the immediately preceding taxable period
34    and shall consist of only those returns with payment then  on
 
SB745 Engrossed             -383-              LRB9101253EGfg
 1    file  with  the Department.  All future amendments to returns
 2    and monies covering this period received after December 1  of
 3    the year following the taxable period will not be included in
 4    the  calculation  of the affected taxable period or any other
 5    taxable period. The provisions of  this  subsection  are  not
 6    subject  to the Uniform Penalty and Interest Act.  Any credit
 7    memorandum issued to a taxpayer under this subsection may  be
 8    used  as  a  credit  by the taxpayer against its liability in
 9    future taxable periods for  tax  under  subsection  (a).  Any
10    amount  credited  to  a taxpayer shall not be refunded to the
11    taxpayer unless the taxpayer demonstrates to  the  reasonable
12    satisfaction  of the Department that it will not incur future
13    liability for tax under subsection (a).  The Department shall
14    adopt reasonable regulations for the  implementation  of  the
15    provisions of this subsection.
16    (Source:  P.A.  90-561,  eff.  1-1-98;  90-624, eff. 7-10-98;
17    revised 10-28-98.)

18        Section 66.  The Electricity Excise Tax Law is amended by
19    changing Section 2-11 as follows:

20        (35 ILCS 640/2-11)
21        Sec. 2-11.  Direct return and payment  by  self-assessing
22    purchaser.   When  electricity  is  used  or  consumed  by  a
23    self-assessing  purchaser  subject to the tax imposed by this
24    Law who  did  not  pay  the  tax  to  a  delivering  supplier
25    maintaining  a  place  of  business  within  this  State  and
26    required   or   authorized   to   collect   the   tax,   that
27    self-assessing  purchaser shall, on or before the 15th day of
28    each month, make a return to the Department for the preceding
29    calendar month, stating all of the following:
30             (1)  The   self-assessing   purchaser's   name   and
31        principal address.
32             (2)  The  aggregate  purchase  price  paid  by   the
 
SB745 Engrossed             -384-              LRB9101253EGfg
 1        self-assessing  purchaser  for  the distribution, supply,
 2        furnishing,  sale,  transmission  and  delivery  of  such
 3        electricity to or for the purchaser during the  preceding
 4        calendar   month,   including   budget   plan  and  other
 5        purchaser-owned amounts  applied  during  such  month  in
 6        payment  of charges includible in the purchase price, and
 7        upon the basis of which the tax is imposed.
 8             (3)  Amount of tax, computed upon item  (2)  at  the
 9        rate stated in Section 2-4.
10             (4)  Such   other   information  as  the  Department
11        reasonably may require.
12        In making such return the  self-assessing  purchaser  may
13    use  any  reasonable  method  to  derive reportable "purchase
14    price" from the self-assessing purchaser's  records.
15        If   the   average   monthly   tax   liability   of   the
16    self-assessing purchaser to the Department  does  not  exceed
17    $2,500,  the  Department  may  authorize  the  self-assessing
18    purchaser's  returns  to  be filed on a quarter-annual basis,
19    with the return for January, February and March  of  a  given
20    year  being due by April 30 of such year; with the return for
21    April, May and June of a given year being due by July  31  of
22    such year; with the return for July, August, and September of
23    a  given  year being due by October 31 of such year; and with
24    the return for October, November and December of a given year
25    being due by January 31 of the following year.
26        If   the   average   monthly   tax   liability   of   the
27    self-assessing purchaser to the Department  does  not  exceed
28    $1,000,  the  Department  may  authorize  the  self-assessing
29    purchaser's  returns to be filed on an annual basis, with the
30    return for a given year  being  due  by  January  31  of  the
31    following year.
32        Such  quarter-annual  and  annual returns, as to form and
33    substance, shall be  subject  to  the  same  requirements  as
34    monthly returns.
 
SB745 Engrossed             -385-              LRB9101253EGfg
 1        Notwithstanding   any   other   provision   in  this  Law
 2    concerning the time within which a  self-assessing  purchaser
 3    may  file  a  return,  any  such self-assessing purchaser who
 4    ceases to be responsible for filing returns  under  this  Law
 5    shall  file a final return under this Law with the Department
 6    not more than one month thereafter.
 7        Each  self-assessing  purchaser  whose  average   monthly
 8    liability  to  the  Department  pursuant  to this Section was
 9    $10,000 or more during the preceding calendar year, excluding
10    the month of  highest  liability  and  the  month  of  lowest
11    liability  during  such  calendar  year,  and  which  is  not
12    operated  by a unit of local government, shall make estimated
13    payments to the Department on or before the 7th,  15th,  22nd
14    and  last  day of the month during which tax liability to the
15    Department is incurred in an amount not less than  the  lower
16    of either 22.5% of such self-assessing purchaser's actual tax
17    liability  for  the  month  or  25%  of  such  self-assessing
18    purchaser's  actual tax liability for the same calendar month
19    of the preceding year.  The amount  of  such  quarter-monthly
20    payments shall be credited against the final tax liability of
21    the  self-assessing  purchaser's  return  for that month.  An
22    outstanding credit approved by the  Department  or  a  credit
23    memorandum   issued   by  the  Department  arising  from  the
24    self-assessing purchaser's overpayment of the  self-assessing
25    purchaser's  final tax liability for any month may be applied
26    to  reduce  the  amount  of  any  subsequent  quarter-monthly
27    payment or credited against the final tax liability  of  such
28    self-assessing  purchaser's  return for any subsequent month.
29    If any quarter-monthly payment is not paid at the time or  in
30    the  amount  required  by  this Section, such person shall be
31    liable for penalty and interest on the difference between the
32    minimum amount due as  a  payment  and  the  amount  of  such
33    payment  actually  and  timely  paid,  except insofar as such
34    person has previously made payments for  that  month  to  the
 
SB745 Engrossed             -386-              LRB9101253EGfg
 1    Department in excess of the minimum payments previously due.
 2        If  the  Director finds that the information required for
 3    the  making  of  an  accurate  return  cannot  reasonably  be
 4    compiled by a self-assessing purchaser within 15  days  after
 5    the  close  of the calendar month for which a return is to be
 6    made, the Director may grant an extension  of  time  for  the
 7    filing  of  such  return  for  a  period  of not to exceed 31
 8    calendar days.  The granting of  such  an  extension  may  be
 9    conditioned upon the deposit by such self-assessing purchaser
10    with  the  Department of an amount of money not exceeding the
11    amount estimated by the Director to be due with the return so
12    extended.  All such deposits shall be credited  against  such
13    self-assessing  purchaser's  liabilities  under this Law.  If
14    the deposit exceeds such self-assessing  purchaser's  present
15    and   probable   future   liabilities  under  this  Law,  the
16    Department shall issue to  such  self-assessing  purchaser  a
17    credit   memorandum,   which   may   be   assigned   by  such
18    self-assessing purchaser to a similar person under this  Law,
19    in  accordance  with  reasonable  rules and regulations to be
20    prescribed by the Department.
21        The self-assessing purchaser making the  return  provided
22    for in this Section shall, at the time of making such return,
23    pay to the Department the amount of tax imposed by this Law.
24        A self-assessing purchaser who has an average monthly tax
25    liability   of  $10,000  or  more  shall  make  all  payments
26    required by rules  of  the  Department  by  electronic  funds
27    transfer.  The term "average monthly tax liability" shall be
28    the  sum  of the self-assessing purchaser's liabilities under
29    this Law for the immediately preceding calendar year divided
30    by 12.  Any self-assessing purchaser  not  required  to  make
31    payments  by  electronic  funds transfer may make payments by
32    electronic  funds  transfer  with  the  permission   of   the
33    Department.   All  self-assessing purchasers required to make
34    payments by electronic funds transfer and any self-assessing
 
SB745 Engrossed             -387-              LRB9101253EGfg
 1    purchasers  authorized  to  voluntarily  make   payments   by
 2    electronic  funds  transfer  shall make those payments in the
 3    manner authorized by the Department.
 4        Each month the  Department  shall  pay  into  the  Public
 5    Utility  Fund  in  the State treasury an amount determined by
 6    the Director to be equal to 3.0% of the funds received by the
 7    Department pursuant to this Section.  The  remainder  of  all
 8    moneys received by the Department under this Section shall be
 9    paid into the General Revenue Fund in the State treasury.
10    (Source: P.A. 90-561, eff. 8-1-98; revised 10-31-98.)

11        Section  67.   The  Illinois  Pension  Code is amended by
12    changing Sections  5-167.2,  7-123,  7-132.1,  7-142,  8-114,
13    8-115,  8-117,  14-110,  14-120,  15-102,  15-113.6,  17-123,
14    17-127.2, and 18-112.2 as follows:

15        (40 ILCS 5/5-167.2) (from Ch. 108 1/2, par. 5-167.2)
16        Sec.  5-167.2.  Retirement  before  September 1, 1967.  A
17    retired policeman, qualifying  for  minimum  annuity  or  who
18    retired from service with 20 or more years of service, before
19    September  1,  1967,  shall, in January of the year following
20    the year he attains the age of 65, or in January of the  year
21    1970,  if then more than 65 years of age, have his then fixed
22    and payable monthly annuity increased by an amount  equal  to
23    2%  of  the  original  grant  of  annuity,  for each year the
24    policeman was in receipt of annuity payments after  the  year
25    in  which  he  attains,  or  did  attain  the  age of 63.  An
26    additional  2%  increase  in  such  then  fixed  and  payable
27    original  granted  annuity  shall  accrue  in  each   January
28    thereafter.    Beginning  January  1,  1986, the rate of such
29    increase shall be 3% instead of 2%.
30        The provisions of the preceding paragraph of this Section
31    apply only to a retired policeman eligible for such increases
32    in his annuity who contributes to the Fund a sum equal to  $5
 
SB745 Engrossed             -388-              LRB9101253EGfg
 1    for each full year of credited service upon which his annuity
 2    was computed.  All such sums contributed shall be placed in a
 3    Supplementary  Payment  Reserve  and  shall  be  used for the
 4    purposes of such Fund account.
 5        Beginning with the monthly annuity payment due  in  July,
 6    1982,  the  fixed and granted monthly annuity payment for any
 7    policeman who retired from the service, before  September  1,
 8    1976,  at age 50 or over with 20 or more years of service and
 9    entitled to an annuity on January 1, 1974, shall be not  less
10    than $400.  It is the intent of the General Assembly that the
11    change  made  in  this Section by this amendatory Act of 1982
12    shall apply retroactively to July 1, 1982.
13        Beginning with the monthly annuity payment due on January
14    1, 1986, the fixed and granted monthly  annuity  payment  for
15    any  policeman who retired from the service before January 1,
16    1986, at age 50 or over with 20 or more years of service,  or
17    any  policeman who retired from service due to termination of
18    disability and who is entitled to an annuity  on  January  1,
19    1986, shall be not less than $475.
20        Beginning with the monthly annuity payment due on January
21    1,  1992,  the  fixed and granted monthly annuity payment for
22    any policeman who retired from the service before January  1,
23    1992, at age 50 or over with 20 or more years of service, and
24    for any policeman who retired from service due to termination
25    of disability and who is entitled to an annuity on January 1,
26    1992, shall be not less than $650.
27        Beginning with the monthly annuity payment due on January
28    1,  1993,  the  fixed and granted monthly annuity payment for
29    any policeman who retired from the service before January  1,
30    1993, at age 50 or over with 20 or more years of service, and
31    for any policeman who retired from service due to termination
32    of disability and who is entitled to an annuity on January 1,
33    1993, shall be not less than $750.
34        Beginning with the monthly annuity payment due on January
 
SB745 Engrossed             -389-              LRB9101253EGfg
 1    1,  1994,  the  fixed and granted monthly annuity payment for
 2    any policeman who retired from the service before January  1,
 3    1994, at age 50 or over with 20 or more years of service, and
 4    for any policeman who retired from service due to termination
 5    of disability and who is entitled to an annuity on January 1,
 6    1994, shall be not less than $850.
 7        The  difference  in amount between the original fixed and
 8    granted monthly annuity of any such policeman on the date  of
 9    his  retirement  from  the  service  and  the monthly annuity
10    provided for in the immediately preceding paragraph shall  be
11    paid  as  a  supplement  in  the  manner  set  forth  in  the
12    immediately following paragraph.
13        To  defray  the annual cost of the increases indicated in
14    the preceding part of   this  Section,  the  annual  interest
15    income accruing from investments held by this Fund, exclusive
16    of gains or losses on sales or exchanges of assets during the
17    year,  over  and  above 4% a year shall be used to the extent
18    necessary and available to finance the cost of such increases
19    for the following year and such amount shall  be  transferred
20    as  of the end of each year beginning with the year 1969 to a
21    Fund account designated as the Supplementary Payment  Reserve
22    from the Interest and Investment Reserve set forth in Section
23    5-207 5-167.2.
24        In  the  event  the  funds  in  the Supplementary Payment
25    Reserve in any year arising from:  (1)  the  interest  income
26    accruing  in  the preceding  year above 4% a year and (2) the
27    contributions by retired persons are insufficient to make the
28    total  payments  to  all  persons  entitled  to  the  annuity
29    specified in this Section and (3) any interest earnings  over
30    4%  a  year  beginning  with  the  year  1969  which were not
31    previously used to finance  such  increases  and  which  were
32    transferred to the Prior Service Annuity Reserve, may be used
33    to  the  extent necessary and available to provide sufficient
34    funds to finance such increases for the current year and such
 
SB745 Engrossed             -390-              LRB9101253EGfg
 1    sums shall be transferred  from  the  Prior  Service  Annuity
 2    Reserve.   In  the  event  the  total  money available in the
 3    Supplementary  Payment  Reserve   from   such   sources   are
 4    insufficient  to  make  the  total  payments  to  all persons
 5    entitled to such increases  for  the  year,  a  proportionate
 6    amount  computed  as  the ratio of the money available to the
 7    total of the total payments specified for that year shall  be
 8    paid to each person for that year.
 9        The  Fund  shall  be  obligated  for  the  payment of the
10    increases in  annuity as provided for in this Section only to
11    the extent that the assets for such purpose are available.
12    (Source: P.A. 87-849; 87-1265; revised 10-31-98.)

13        (40 ILCS 5/7-123) (from Ch. 108 1/2, par. 7-123)
14        Sec. 7-123. Effective rate of interest.  "Effective  rate
15    of  interest":  The interest rate determined by the Board for
16    any calendar year  which  shall  distribute,  to  the  extent
17    reasonably  determinable prior to the year for which the rate
18    is applicable, the current earnings (excluding capital gains)
19    on assets of the fund to reserves as provided by Section Sec.
20     7-209, after due  allowance  is  made  for  special  reserve
21    requirements under Section Sec. 7-208.
22    (Source: Laws 1965, p. 1086; revised 10-31-98.)

23        (40 ILCS 5/7-132.1) (from Ch. 108 1/2, par. 7-132.1)
24        Sec.  7-132.1.  Towns  -  Election  to  participate.  For
25    purposes of this Article, a town which is not a participating
26    municipality on the effective date  of  this  Act,  shall  be
27    considered  to  include  the town itself and all other bodies
28    politic heretofor or hereafter established by or  subject  to
29    the  direct  or indirect control of the town electors.  As so
30    defined, a town may participate in the Fund, on the first day
31    of January after the year  in  which  a  valid  participation
32    participating  ordinance,  adopted  by the town electors, has
 
SB745 Engrossed             -391-              LRB9101253EGfg
 1    been filed with the Board.  The  following  procedures  shall
 2    govern  adoption  of  a  participation  ordinance by the town
 3    electors:
 4             (a)  A resolution, adopted by the town  electors  at
 5        an   annual   town  meeting,  shall  authorize  the  town
 6        supervisor to file with the  Board  of  Trustees  of  the
 7        Fund,  an  application  for the town as herein defined to
 8        participate, to supply such data as is requested  by  the
 9        Board,  and  to reimburse the Board for expenses incurred
10        in securing an actuarial evaluation  of  the  effects  of
11        participation by the applicant on the financial condition
12        of  the  Fund and to postpone consideration of the matter
13        of election to participate to a special town meeting.
14             (b)  If the Board finds that the town  has  adequate
15        resources  for payment of municipal obligations, and that
16        the actuarial soundness of the fund will not be  impaired
17        by participation of the town, the Board shall approve the
18        application and report its action to the town. The report
19        shall  include  the cost to the town of participation and
20        the initial municipality contribution rate.
21             (c)  Upon receipt of an  approved  application,  the
22        Board  of Town trustees shall call a special town meeting
23        to be held at a date not earlier than 30 days  after  the
24        notice of such called meeting is published. The notice of
25        call  of  the  meeting  shall state the purpose and shall
26        include the Board's report of costs of participation  and
27        the initial municipality contribution rate.
28             (d)  An   ordinance  to  elect  participation  shall
29        specifically provide that it  includes  participation  by
30        all  bodies  politic,  heretofor,  or  hereafter created,
31        included in the town for purposes of  this  Article.   If
32        such ordinance is adopted, the Town Clerk shall forthwith
33        forward a certified copy thereof to the Fund.
34        Upon  the  filing  of  the  ordinance, for the purpose of
 
SB745 Engrossed             -392-              LRB9101253EGfg
 1    providing benefits to their employees  and  their  survivors,
 2    the  town  and  the other bodies politic, whether or not they
 3    were participating municipalities, shall  be  considered  and
 4    deemed to be a single municipality.  It is declared to be the
 5    policy of the State, that since the town and the other bodies
 6    politic  serve  the  same  geographical  area,  that  for the
 7    purposes of this Article they are properly  designated  as  a
 8    single municipality.
 9        No  town  may elect to participate in this Fund except as
10    provided in this Section.  In any town which has not  elected
11    to participate in the Fund on the effective date of this Act,
12    no  body  politic established by or subject to the control of
13    the town electors may  elect  to  participate  in  the  Fund,
14    except as a part of the town as provided in this Section.
15    (Source: P.A. 82-783; revised 3-2-98.)

16        (40 ILCS 5/7-142) (from Ch. 108 1/2, par. 7-142)
17        Sec. 7-142.  Retirement annuities - Amount.
18        (a)  The  amount of a retirement annuity shall be the sum
19    of the following, determined in accordance with the actuarial
20    tables in effect at the time of the grant of the annuity:
21             1.  For employees with 8 or more years  of  service,
22        an  annuity  computed pursuant to subparagraphs a or b of
23        this subparagraph 1, whichever is  the  higher,  and  for
24        employees  with  less than 8 years of service the annuity
25        computed pursuant to subparagraph a:
26                  a.  The monthly annuity which can  be  provided
27             from  the total accumulated normal, municipality and
28             prior service credits, as of the attained age of the
29             employee on the date  the  annuity  begins  provided
30             that  such annuity shall not exceed 75% of the final
31             rate of earnings of the employee.
32                  b.  (i) The monthly annuity  amount  determined
33             as  follows by multiplying (a) 1 2/3% for annuitants
 
SB745 Engrossed             -393-              LRB9101253EGfg
 1             with not more than 15 years or (b) 1  2/3%  for  the
 2             first  15 years and 2% for each year in excess of 15
 3             years for annuitants with more than 15 years by  the
 4             number of years plus fractional years, prorated on a
 5             basis  of months, of creditable service and multiply
 6             the product thereof by the employee's final rate  of
 7             earnings.
 8                  (ii)  For  the  sole  purpose  of computing the
 9             formula (and not for the purposes of the limitations
10             hereinafter stated) $125  shall  be  considered  the
11             final  rate of earnings in all cases where the final
12             rate of earnings is less than such amount.
13                  (iii)  The   monthly   annuity   computed    in
14             accordance  with  this  subparagraph  b,  shall  not
15             exceed  an  amount equal to 75% of the final rate of
16             earnings.
17                  (iv)  For employees who who have less  than  35
18             years of service, the annuity computed in accordance
19             with  this subparagraph b (as reduced by application
20             of subparagraph (iii) above)  shall  be  reduced  by
21             0.25% thereof (0.5% if service was terminated before
22             January  1, 1988) for each month or fraction thereof
23             (1) that the employee's age is less than  60  years,
24             or  (2)  if  the  employee  has at least 30 years of
25             service credit, that the employee's  service  credit
26             is  less  than  35  years, whichever is less, on the
27             date the annuity begins.
28             2.  The annuity which can be provided from the total
29        accumulated additional credits as of the attained age  of
30        the employee on the date the annuity begins.
31        (b)  If  payment  of  an  annuity  begins  prior  to  the
32    earliest  age  at which the employee will become eligible for
33    an  old  age  insurance  benefit  under  the  Federal  Social
34    Security Act, he may elect that  the  annuity  payments  from
 
SB745 Engrossed             -394-              LRB9101253EGfg
 1    this fund shall exceed those payable after his attaining such
 2    age  by  an  amount,  computed  as determined by rules of the
 3    Board, but not in excess of  his  estimated  Social  Security
 4    Benefit,  determined as of the effective date of the annuity,
 5    provided that in no case shall  the  total  annuity  payments
 6    made by this fund exceed in actuarial value the annuity which
 7    would have been payable had no such election been made.
 8        (c)  The  retirement annuity shall be increased each year
 9    by 2%, not compounded, of  the  monthly  amount  of  annuity,
10    taking  into consideration any adjustment under paragraph (b)
11    of this  Section.  This  increase  shall  be  effective  each
12    January  1  and  computed  from  the  effective  date  of the
13    retirement annuity, the first increase  being  .167%  of  the
14    monthly  amount times the number of months from the effective
15    date to January 1. Beginning January 1, 1984 and  thereafter,
16    the  retirement  annuity  shall be increased by 3% each year,
17    not compounded. This increase  shall  not  be  applicable  to
18    annuitants  who  are  not in service on or after September 8,
19    1971.
20    (Source: P.A. 87-850; revised 10-31-98.)

21        (40 ILCS 5/8-114) (from Ch. 108 1/2, par. 8-114)
22        Sec. 8-114. Present employee.  "Present employee":
23        (a)  Any employee of an employer, or the  board,  on  the
24    day before the effective date.;
25        (b)  Any  person  who becomes an employee of the Board of
26    Education on the day before the effective  date  and  who  on
27    June  30,  1923,  was  a contributor to any municipal pension
28    fund in operation in the city on that date under  the  Public
29    School  Employees'  Pension  Act  of  1903. Any such employee
30    shall be considered a municipal employee  during  the  entire
31    time he has been in the service of the employer.
32        (c)  Any  person who becomes an employee of the municipal
33    court or law department or Board of Election Commissioners on
 
SB745 Engrossed             -395-              LRB9101253EGfg
 1    the day before the effective date, and who  on  December  31,
 2    1959,  was  a participant in either of the funds in operation
 3    in the city on December 31, 1959, created under the Court and
 4    Law  Department  Employees'  Annuity  Act  or  the  Board  of
 5    Election  Commissioners  Employees'  Annuity  Act.  Any  such
 6    employee shall be considered a municipal employee during  the
 7    entire time he has been in the service of the municipal court
 8    or law department or Board of Election Commissioners.
 9        (d)  Any  person  who  becomes  a  employee of the Public
10    Library on the day before the  effective  date,  and  who  on
11    December  31,  1965  was a contributor and participant in the
12    fund created under the Public Library Employes' Pension  Act,
13    in  operation  in  the  city  on  December 31, 1965. Any such
14    employee shall be considered a municipal employee during  the
15    entire time he has been in the service of the Public Library.
16    (Source: Laws 1965, p. 2300; revised 10-31-98.)

17        (40 ILCS 5/8-115) (from Ch. 108 1/2, par. 8-115)
18        Sec. 8-115.  Future entrant.  "Future entrant":
19        (a)  Any  employee  of  an  employer  or  of  the  board,
20    employed for the first time on or after the effective date.;
21        (b)  Any  person  who becomes an employee of the Board of
22    Education for the first time on or after the effective  date,
23    and  who was a contributor on June 30, 1923, to any municipal
24    pension fund then in operation in the city under  the  Public
25    School  Employees'  Pension  Act  of  1903. Any such employee
26    shall be considered a municipal employee  during  the  entire
27    time he has been in the service of the Board of Education.
28        (c)  Any  person  who  becomes an employee of a municipal
29    court or law department or Board  of  Election  Commissioners
30    for  the  first  time on or after the effective date, and who
31    was a participant on December 31,  1959,  in  either  of  the
32    funds  in operation in the city on December 31, 1959, created
33    under the Court and Law Department Employees' Annuity Act  or
 
SB745 Engrossed             -396-              LRB9101253EGfg
 1    the  Board  of Election Commissioners Employees' Annuity Act.
 2    Any such employee shall be considered  a  municipal  employee
 3    during  the  entire  time  he  has been in the service of the
 4    municipal  court,  law  department,  or  Board  of   Election
 5    Commissioners.
 6        (d)  Any  person  who  becomes  an employee of the Public
 7    Library or  a  participant  and  contributor  to  the  Public
 8    Library  Employees'  Pension  Fund  for  the first time on or
 9    after the effective date,  and  who  was  a  contributor  and
10    participant  on  December 31, 1965 in such fund created under
11    the Public Library Employees' Pension Act in operation in the
12    city  on  December  31,  1965.  Any  such  person  shall   be
13    considered a municipal employee during the entire time he has
14    been  in  the  service  of  the  Public Library or during the
15    entire time for which he was covered, as an employee, in  the
16    fund created under the aforesaid Act.
17        (e)  Any  person  who becomes an employee of the house of
18    correction or a participant and contributor to the  House  of
19    Correction  Employees'  Pension Fund for the first time on or
20    after the effective date,  and  who  was  a  contributor  and
21    participant  on  December 31, 1968 in such fund created under
22    the House of Correction Employees' Pension Act  in  operation
23    in  the  City  on December 31, 1968. Any such person shall be
24    considered a municipal employee during the entire time he has
25    been in the service of the House of Correction.
26    (Source: Laws 1968, p. 181; revised 10-31-98.)

27        (40 ILCS 5/8-117) (from Ch. 108 1/2, par. 8-117)
28        Sec. 8-117.   Salary.   "Salary":  Annual  salary  of  an
29    employee as follows:
30        (a)  Beginning on the effective date and prior to July 1,
31    1947, $3,000; and beginning on July 1, 1947 and prior to July
32    1,  1953,  $4,800; and beginning on July 1, 1953 and prior to
33    July 1, 1957, $6,000 shall be the maximum  amount  of  annual
 
SB745 Engrossed             -397-              LRB9101253EGfg
 1    salary  of  any  employee  which  shall be considered for any
 2    purpose hereunder.
 3        (b)  If appropriated, fixed  or  arranged  on  an  annual
 4    basis,  beginning July 1, 1957, the actual sum payable during
 5    the year if the employee worked the full normal working  time
 6    in  his  position,  at the rate of compensation, exclusive of
 7    overtime and final vacation, appropriated or fixed as  salary
 8    or wages for service in the position.
 9        (c)  If  appropriated, fixed or arranged on other than an
10    annual  basis,  beginning  July  1,  1957,   the   applicable
11    schedules specified in Sections 8-233 and 8-235 shall be used
12    for conversion of the salary to an annual basis.:
13        (d)  Beginning  July  13,  1941,  if  the  city  provides
14    lodging  for  an employee without charge, his salary shall be
15    considered to be $120 a year more than the amount payable  as
16    salary for the year; the salary of an employee for whom daily
17    meals  are  provided  without  charge  by  the  city shall be
18    considered to be $120 a year more than the amount payable  as
19    his  salary  for  the  year,  for  each  such daily meal, not
20    exceeding three per day.
21        (e)  Beginning September 19, 1981, the salary of a person
22    who was or is an employee of a Board of Education on or after
23    that date shall include the amount of employee contributions,
24    if any, picked up by the employer  for  that  employee  under
25    Section 8-174.1.
26    (Source: P.A. 85-964; revised 10-31-98.)

27        (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
28        Sec. 14-110.  Alternative retirement annuity.
29        (a)  Any  member  who has withdrawn from service with not
30    less than 20 years of eligible  creditable  service  and  has
31    attained  age  55,  and  any  member  who  has withdrawn from
32    service with not less than 25 years  of  eligible  creditable
33    service  and  has  attained age 50, regardless of whether the
 
SB745 Engrossed             -398-              LRB9101253EGfg
 1    attainment of either of the specified ages occurs  while  the
 2    member  is  still in service, shall be entitled to receive at
 3    the option of the member, in lieu of the regular  or  minimum
 4    retirement   annuity,   a  retirement   annuity  computed  as
 5    follows:
 6             (i)  for  periods  of  service   as   a   noncovered
 7        employee,  2  1/4% of final average compensation for each
 8        of the first 10 years of creditable service, 2  1/2%  for
 9        each  year  above  10  years to and including 20 years of
10        creditable  service,  and  2  3/4%  for  each   year   of
11        creditable service above 20 years; and
12             (ii)  for  periods of eligible creditable service as
13        a covered employee, 1.67% of final  average  compensation
14        for each of the first 10 years of such service, 1.90% for
15        each of the next 10 years of such service, 2.10% for each
16        year  of  such  service in excess of 20 but not exceeding
17        30, and 2.30% for each year in excess of 30.
18        Such annuity shall be subject to  a  maximum  of  75%  of
19    final   average  compensation.   These  rates  shall  not  be
20    applicable to any service performed by a member as a  covered
21    employee  which  is not eligible creditable service.  Service
22    as a  covered  employee  which  is  not  eligible  creditable
23    service  shall  be  subject  to  the  rates and provisions of
24    Section 14-108.
25        (b)  For  the  purpose   of   this   Section,   "eligible
26    creditable  service"  means creditable service resulting from
27    service in one or more of the following positions:
28             (1)  State policeman;
29             (2)  fire fighter in the fire protection service  of
30        a department;
31             (3)  air pilot;
32             (4)  special agent;
33             (5)  investigator for the Secretary of State;
34             (6)  conservation police officer;
 
SB745 Engrossed             -399-              LRB9101253EGfg
 1             (7)  investigator for the Department of Revenue;
 2             (8)  security  employee  of  the Department of Human
 3        Services;
 4             (9)  Central  Management  Services  security  police
 5        officer;
 6             (10)  security  employee  of   the   Department   of
 7        Corrections;
 8             (11)  dangerous drugs investigator;
 9             (12)  investigator   for  the  Department  of  State
10        Police;
11             (13)  investigator for the Office  of  the  Attorney
12        General;
13             (14)  controlled substance inspector;
14             (15)  investigator  for  the  Office  of the State's
15        Attorneys Appellate Prosecutor;
16             (16)  Commerce Commission police officer;
17             (17)  arson investigator.
18        A person employed in one of the  positions  specified  in
19    this  subsection  is  entitled to eligible creditable service
20    for service credit earned under this Article while undergoing
21    the basic police training course  approved  by  the  Illinois
22    Local   Governmental   Law   Enforcement   Officers  Training
23    Standards Board, if completion of that training  is  required
24    of  persons  serving  in  that position.  For the purposes of
25    this Code, service during the required basic police  training
26    course  shall  be  deemed  performance  of  the duties of the
27    specified position, even though the person  is  not  a  sworn
28    peace officer at the time of the training.
29        (c)  For the purposes of this Section:
30             (1)  The  term  "state policeman" includes any title
31        or position in the Department of  State  Police  that  is
32        held  by  an  individual  employed under the State Police
33        Act.
34             (2)  The term "fire fighter in the  fire  protection
 
SB745 Engrossed             -400-              LRB9101253EGfg
 1        service  of  a  department" includes all officers in such
 2        fire  protection  service  including  fire   chiefs   and
 3        assistant fire chiefs.
 4             (3)  The  term  "air  pilot"  includes  any employee
 5        whose official job description on file in the  Department
 6        of  Central  Management Services, or in the department by
 7        which he is employed if that department is not covered by
 8        the Personnel Code, states that his principal duty is the
 9        operation  of  aircraft,  and  who  possesses  a  pilot's
10        license; however, the change in this definition  made  by
11        this  amendatory Act of 1983 shall not operate to exclude
12        any noncovered employee who was an "air  pilot"  for  the
13        purposes of this Section on January 1, 1984.
14             (4)  The  term  "special agent" means any person who
15        by reason of  employment  by  the  Division  of  Narcotic
16        Control,  the  Bureau  of Investigation or, after July 1,
17        1977,  the  Division  of  Criminal   Investigation,   the
18        Division  of Internal Investigation or any other Division
19        or organizational  entity  in  the  Department  of  State
20        Police  is  vested  by law with duties to maintain public
21        order, investigate violations of the criminal law of this
22        State, enforce the laws of this State, make  arrests  and
23        recover  property.  The term "special agent" includes any
24        title or position in the Department of State Police  that
25        is  held by an individual employed under the State Police
26        Act.
27             (5)  The term "investigator  for  the  Secretary  of
28        State"  means  any  person  employed by the Office of the
29        Secretary of State and  vested  with  such  investigative
30        duties  as  render  him ineligible for coverage under the
31        Social Security Act by reason of  Sections  218(d)(5)(A),
32        218(d)(8)(D) and 218(l)(1) of that Act.
33             A  person who became employed as an investigator for
34        the Secretary  of  State  between  January  1,  1967  and
 
SB745 Engrossed             -401-              LRB9101253EGfg
 1        December  31,  1975,  and  who  has  served as such until
 2        attainment of age  60,  either  continuously  or  with  a
 3        single  break  in  service  of  not  more  than  3  years
 4        duration,  which break terminated before January 1, 1976,
 5        shall  be  entitled  to  have  his   retirement   annuity
 6        calculated     in   accordance   with   subsection   (a),
 7        notwithstanding that he has less than 20 years of  credit
 8        for such service.
 9             (6)  The  term  "Conservation  Police Officer" means
10        any person employed by the Division of Law Enforcement of
11        the Department of Natural Resources and vested with  such
12        law  enforcement  duties  as  render  him  ineligible for
13        coverage under the  Social  Security  Act  by  reason  of
14        Sections  218(d)(5)(A),  218(d)(8)(D),  and  218(l)(1) of
15        that  Act.   The  term  "Conservation   Police   Officer"
16        includes  the  positions  of  Chief  Conservation  Police
17        Administrator    and    Assistant   Conservation   Police
18        Administrator.
19             (7)  The term "investigator for  the  Department  of
20        Revenue"  means  any person employed by the Department of
21        Revenue and vested  with  such  investigative  duties  as
22        render  him  ineligible  for  coverage  under  the Social
23        Security  Act  by  reason   of   Sections   218(d)(5)(A),
24        218(d)(8)(D) and 218(l)(1) of that Act.
25             (8)  The  term  "security employee of the Department
26        of Human Services"  means  any  person  employed  by  the
27        Department  of  Human  Services  who  is  employed at the
28        Chester Mental Health Center and has daily  contact  with
29        the  residents  thereof, or who is a mental health police
30        officer.  "Mental health police officer" means any person
31        employed  by  the  Department  of  Human  Services  in  a
32        position pertaining to the Department's mental health and
33        developmental disabilities functions who is  vested  with
34        such   law   enforcement  duties  as  render  the  person
 
SB745 Engrossed             -402-              LRB9101253EGfg
 1        ineligible for coverage under the Social Security Act  by
 2        reason   of   Sections   218(d)(5)(A),  218(d)(8)(D)  and
 3        218(l)(1) of that Act.
 4             (9)  "Central Management  Services  security  police
 5        officer"  means  any person employed by the Department of
 6        Central Management Services who is vested with  such  law
 7        enforcement  duties as render him ineligible for coverage
 8        under the Social  Security  Act  by  reason  of  Sections
 9        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
10             (10)  The  term "security employee of the Department
11        of Corrections" means any employee of the  Department  of
12        Corrections  or  the  former Department of Personnel, and
13        any member or employee of the Prisoner Review Board,  who
14        has  daily  contact  with  inmates  by  working  within a
15        correctional facility or who is a parole  officer  or  an
16        employee who has direct contact with committed persons in
17        the performance of his or her job duties.
18             (11)  The  term "dangerous drugs investigator" means
19        any person who is employed as such by the  Department  of
20        Human Services.
21             (12)  The  term  "investigator for the Department of
22        State Police" means a person employed by  the  Department
23        of  State  Police  who  is  vested under Section 4 of the
24        Narcotic Control Division Abolition  Act  with  such  law
25        enforcement  powers as render him ineligible for coverage
26        under the Social  Security  Act  by  reason  of  Sections
27        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
28             (13)  "Investigator  for  the Office of the Attorney
29        General" means any person who is employed as such by  the
30        Office  of  the  Attorney General and is vested with such
31        investigative  duties  as  render  him   ineligible   for
32        coverage  under  the  Social  Security  Act  by reason of
33        Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
34        Act.  For the period before January  1,  1989,  the  term
 
SB745 Engrossed             -403-              LRB9101253EGfg
 1        includes  all  persons who were employed as investigators
 2        by the Office of the Attorney General, without regard  to
 3        social security status.
 4             (14)  "Controlled  substance  inspector"  means  any
 5        person  who  is  employed  as  such  by the Department of
 6        Professional Regulation  and  is  vested  with  such  law
 7        enforcement  duties as render him ineligible for coverage
 8        under the Social  Security  Act  by  reason  of  Sections
 9        218(d)(5)(A),  218(d)(8)(D)  and  218(l)(1)  of that Act.
10        The term "controlled substance  inspector"  includes  the
11        Program   Executive  of  Enforcement  and  the  Assistant
12        Program Executive of Enforcement.
13             (15)  The term "investigator for the Office  of  the
14        State's  Attorneys  Appellate  Prosecutor" means a person
15        employed in that capacity on a full time basis under  the
16        authority  of  Section  7.06  of  the  State's  Attorneys
17        Appellate Prosecutor's Act.
18             (16)  "Commerce Commission police officer" means any
19        person  employed  by the Illinois Commerce Commission who
20        is vested with such law enforcement duties as render  him
21        ineligible  for coverage under the Social Security Act by
22        reason  of  Sections  218(d)(5)(A),   218(d)(8)(D),   and
23        218(l)(1) of that Act.
24             (17)  "Arson  investigator"  means any person who is
25        employed as such by the Office of the State Fire  Marshal
26        and  is vested with such law enforcement duties as render
27        the person  ineligible  for  coverage  under  the  Social
28        Security   Act   by   reason  of  Sections  218(d)(5)(A),
29        218(d)(8)(D), and 218(l)(1) of that Act.   A  person  who
30        was  employed as an arson investigator on January 1, 1995
31        and is no longer in  service  but  not  yet  receiving  a
32        retirement  annuity  may  convert  his  or her creditable
33        service for employment  as  an  arson  investigator  into
34        eligible  creditable  service by paying to the System the
 
SB745 Engrossed             -404-              LRB9101253EGfg
 1        difference between the  employee  contributions  actually
 2        paid  for  that  service  and the amounts that would have
 3        been contributed if the applicant  were  contributing  at
 4        the  rate  applicable  to  persons  with  the same social
 5        security status earning eligible  creditable  service  on
 6        the date of application.
 7        (d)  A   security   employee   of   the   Department   of
 8    Corrections,  and  a  security  employee of the Department of
 9    Human Services who is not a  mental  health  police  officer,
10    shall  not be eligible for the alternative retirement annuity
11    provided by this Section unless he or she meets the following
12    minimum  age  and  service  requirements  at  the   time   of
13    retirement:
14             (i)  25 years of eligible creditable service and age
15        55; or
16             (ii)  beginning   January   1,  1987,  25  years  of
17        eligible creditable service and age 54, or  24  years  of
18        eligible creditable service and age 55; or
19             (iii)  beginning   January  1,  1988,  25  years  of
20        eligible creditable service and age 53, or  23  years  of
21        eligible creditable service and age 55; or
22             (iv)  beginning   January   1,  1989,  25  years  of
23        eligible creditable service and age 52, or  22  years  of
24        eligible creditable service and age 55; or
25             (v)  beginning January 1, 1990, 25 years of eligible
26        creditable  service  and  age 51, or 21 years of eligible
27        creditable service and age 55; or
28             (vi)  beginning  January  1,  1991,  25   years   of
29        eligible  creditable  service  and age 50, or 20 years of
30        eligible creditable service and age 55.
31        Persons who have service credit under Article 16 of  this
32    Code  for service as a security employee of the Department of
33    Corrections  in  a  position  requiring  certification  as  a
34    teacher may count  such  service  toward  establishing  their
 
SB745 Engrossed             -405-              LRB9101253EGfg
 1    eligibility  under  the service requirements of this Section;
 2    but such service may  be  used  only  for  establishing  such
 3    eligibility,  and  not  for  the  purpose  of  increasing  or
 4    calculating any benefit.
 5        (e)  If a member enters military service while working in
 6    a  position  in  which  eligible  creditable  service  may be
 7    earned, and returns to State service in the same  or  another
 8    such  position,  and  fulfills  in  all  other  respects  the
 9    conditions prescribed in this Article for credit for military
10    service,  such military service shall be credited as eligible
11    creditable service for the purposes of the retirement annuity
12    prescribed in this Section.
13        (f)  For purposes  of  calculating  retirement  annuities
14    under   this  Section,  periods  of  service  rendered  after
15    December 31, 1968 and before October 1,  1975  as  a  covered
16    employee  in  the  position  of  special  agent, conservation
17    police officer, mental health police officer, or investigator
18    for the Secretary of State, shall  be  deemed  to  have  been
19    service  as a noncovered employee, provided that the employee
20    pays to the System prior to retirement an amount equal to (1)
21    the difference between the employee contributions that  would
22    have been required for such service as a noncovered employee,
23    and  the amount of employee contributions actually paid, plus
24    (2) if payment is made after July 31, 1987, regular  interest
25    on  the amount specified in item (1) from the date of service
26    to the date of payment.
27        For purposes of calculating  retirement  annuities  under
28    this  Section, periods of service rendered after December 31,
29    1968 and before January 1, 1982 as a covered employee in  the
30    position  of investigator for the Department of Revenue shall
31    be deemed to have been  service  as  a  noncovered  employee,
32    provided  that  the  employee  pays  to  the  System prior to
33    retirement an amount equal to (1) the difference between  the
34    employee contributions that would have been required for such
 
SB745 Engrossed             -406-              LRB9101253EGfg
 1    service  as a noncovered employee, and the amount of employee
 2    contributions actually paid, plus  (2)  if  payment  is  made
 3    after  January  1,  1990,  regular  interest  on  the  amount
 4    specified in item (1) from the date of service to the date of
 5    payment.
 6        (g)  A  State policeman may elect, not later than January
 7    1, 1990, to establish eligible creditable service for  up  to
 8    10  years  of  his service as a policeman under Article 3, by
 9    filing a written election  with  the  Board,  accompanied  by
10    payment  of an amount to be determined by the Board, equal to
11    (i)  the  difference  between  the  amount  of  employee  and
12    employer  contributions  transferred  to  the  System   under
13    Section  3-110.5,  and  the  amounts  that  would  have  been
14    contributed  had  such  contributions  been made at the rates
15    applicable to State policemen, plus (ii) interest thereon  at
16    the  effective  rate for each year, compounded annually, from
17    the date of service to the date of payment.
18        Subject to the limitation  in  subsection  (i),  a  State
19    policeman  may  elect,  not  later  than  July  1,  1993,  to
20    establish  eligible  creditable service for up to 10 years of
21    his service as a member of the County Police Department under
22    Article 9, by filing  a  written  election  with  the  Board,
23    accompanied  by  payment of an amount to be determined by the
24    Board, equal to (i) the  difference  between  the  amount  of
25    employee and employer contributions transferred to the System
26    under  Section  9-121.10 and the amounts that would have been
27    contributed had those contributions been made  at  the  rates
28    applicable  to State policemen, plus (ii) interest thereon at
29    the effective rate for each year, compounded  annually,  from
30    the date of service to the date of payment.
31        (h)  Subject to the limitation in subsection (i), a State
32    policeman  or  investigator  for  the  Secretary of State may
33    elect to establish eligible creditable service for up  to  12
34    years  of  his  service  as  a  policeman under Article 5, by
 
SB745 Engrossed             -407-              LRB9101253EGfg
 1    filing a written election with the Board on or before January
 2    31, 1992, and paying to the System by  January  31,  1994  an
 3    amount  to  be  determined  by  the  Board,  equal to (i) the
 4    difference  between  the  amount  of  employee  and  employer
 5    contributions transferred to the System under Section  5-236,
 6    and  the  amounts  that  would have been contributed had such
 7    contributions been made at  the  rates  applicable  to  State
 8    policemen,  plus  (ii) interest thereon at the effective rate
 9    for each year, compounded annually, from the date of  service
10    to the date of payment.
11        Subject  to  the  limitation  in  subsection (i), a State
12    policeman, conservation police officer, or  investigator  for
13    the  Secretary  of  State  may  elect  to  establish eligible
14    creditable service for  up  to  10  years  of  service  as  a
15    sheriff's law enforcement employee under Article 7, by filing
16    a  written  election  with the Board on or before January 31,
17    1993, and paying to the System by January 31, 1994 an  amount
18    to  be  determined  by the Board, equal to (i) the difference
19    between the amount of  employee  and  employer  contributions
20    transferred  to  the  System  under  Section 7-139.7, and the
21    amounts  that  would   have   been   contributed   had   such
22    contributions  been  made  at  the  rates applicable to State
23    policemen, plus (ii) interest thereon at the  effective  rate
24    for  each year, compounded annually, from the date of service
25    to the date of payment.
26        (i)  The total  amount  of  eligible  creditable  service
27    established  by  any  person under subsections (g), (h), (j),
28    (k), and (l) of this Section shall not exceed 12 years.
29        (j)  Subject to the  limitation  in  subsection  (i),  an
30    investigator   for   the  Office  of  the  State's  Attorneys
31    Appellate Prosecutor or a controlled substance inspector  may
32    elect  to  establish eligible creditable service for up to 10
33    years of his service as a policeman  under  Article  3  or  a
34    sheriff's law enforcement employee under Article 7, by filing
 
SB745 Engrossed             -408-              LRB9101253EGfg
 1    a  written election with the Board, accompanied by payment of
 2    an amount to be determined by the Board,  equal  to  (1)  the
 3    difference  between  the  amount  of  employee  and  employer
 4    contributions transferred to the System under Section 3-110.6
 5    or  7-139.8, and the amounts that would have been contributed
 6    had such contributions been made at the rates  applicable  to
 7    State  policemen,  plus (2) interest thereon at the effective
 8    rate for each year, compounded annually,  from  the  date  of
 9    service to the date of payment.
10        (k)  Subject  to the limitation in subsection (i) of this
11    Section,  an  alternative  formula  employee  may  elect   to
12    establish  eligible creditable service for periods spent as a
13    full-time law enforcement officer  or  full-time  corrections
14    officer  employed  by the federal government or by a state or
15    local government  located  outside  of  Illinois,  for  which
16    credit  is not held in any other public employee pension fund
17    or retirement system.  To obtain this credit,  the  applicant
18    must  file  a written application with the Board by March 31,
19    1998, accompanied by evidence of  eligibility  acceptable  to
20    the  Board  and  payment of an amount to be determined by the
21    Board, equal to (1) employee  contributions  for  the  credit
22    being  established,  based upon the applicant's salary on the
23    first day  as  an  alternative  formula  employee  after  the
24    employment  for  which  credit  is  being established and the
25    rates then applicable to alternative formula employees,  plus
26    (2)  an  amount  determined by the Board to be the employer's
27    normal cost of the benefits  accrued  for  the  credit  being
28    established,  plus  (3)  regular  interest  on the amounts in
29    items (1) and (2)  from  the  first  day  as  an  alternative
30    formula  employee  after  the  employment for which credit is
31    being established to the date of payment.
32        (l)  Subject to  the  limitation  in  subsection  (i),  a
33    security employee of the Department of Corrections may elect,
34    not later than July 1, 1998, to establish eligible creditable
 
SB745 Engrossed             -409-              LRB9101253EGfg
 1    service  for  up  to  10  years  of  his  or her service as a
 2    policeman under Article 3, by filing a written election  with
 3    the  Board,  accompanied  by  payment  of  an  amount  to  be
 4    determined  by the Board, equal to (i) the difference between
 5    the amount of employee and employer contributions transferred
 6    to the System under Section 3-110.5,  and  the  amounts  that
 7    would  have been contributed had such contributions been made
 8    at  the  rates  applicable  to  security  employees  of   the
 9    Department  of Corrections, plus (ii) interest thereon at the
10    effective rate for each year, compounded annually,  from  the
11    date of service to the date of payment.
12    (Source: P.A.  89-136,  eff.  7-14-95;  89-445,  eff. 2-7-96;
13    89-507, eff. 7-1-97; 90-32, eff. 6-27-97; revised 7-10-98.)

14        (40 ILCS 5/14-120) (from Ch. 108 1/2, par. 14-120)
15        Sec.  14-120.   Survivors  annuities  -  Conditions   for
16    payments.  A survivors annuity is established for all members
17    of  the  System.  Upon the death of any male person who was a
18    member on July 19, 1961, however,  his  widow  may  have  the
19    option  of  receiving  the  widow's  annuity provided in this
20    Article, in lieu of the survivors annuity.
21        (a)  A survivors annuity beneficiary, as herein  defined,
22    is  eligible  for  a survivors annuity if the deceased member
23    had completed at least 1 1/2 years of contributing creditable
24    service if death occurred:
25             (1)  while in service;
26             (2)  while on an approved  or  authorized  leave  of
27        absence    from   service,   not   exceeding   one   year
28        continuously; or
29             (3)  while  in   receipt   of   a   non-occupational
30        disability or an occupational disability benefit.
31        (b)  If  death of the member occurs after withdrawal, the
32    survivors annuity beneficiary is eligible  for  such  annuity
33    only  if  the  member had fulfilled at the date of withdrawal
 
SB745 Engrossed             -410-              LRB9101253EGfg
 1    the prescribed service conditions for establishing a right in
 2    a retirement annuity.
 3        (c)  Payment  of  the  survivors  annuity   shall   begin
 4    immediately  if  the beneficiary is 50 years or over, or upon
 5    attainment of age 50 if the beneficiary is under that age  at
 6    the date of the member's death. In the case of survivors of a
 7    member whose death occurred between November 1, 1970 and July
 8    15,  1971,  the  payment of the survivors annuity shall begin
 9    upon October 1, 1977, if the beneficiary is then 50 years  of
10    age  or  older,  or  upon  the  attainment  of  age 50 if the
11    beneficiary is under that age on October 1, 1977.
12        If an eligible child or children, under the care  of  the
13    spouse  also  survive the member, the survivors annuity shall
14    begin immediately without regard to whether  the  beneficiary
15    has attained age 50.
16        Benefits  under  this Section shall accrue and be payable
17    for whole calendar months, beginning on the first day of  the
18    month  after  the  initiating  event occurs and ending on the
19    last day of the month in which the terminating event occurs.
20        (d)  A survivor annuity beneficiary means:
21             (1)  A spouse  of  a  member  or  annuitant  if  the
22        current  marriage  with  the  member  or annuitant was in
23        effect for at least one year at the date of the member or
24        annuitant's member's death or at least one  year  at  the
25        date of his or her withdrawal, whichever first occurs.
26             (2)  An  unmarried  child under age 18 (under age 22
27        if a full-time student) of the member  or  annuitant;  an
28        unmarried  stepchild  under  age  18  (under  age 22 if a
29        full-time student) who has been such  for  at  least  one
30        year  at  the  date of the member's death or at least one
31        year at the date of withdrawal, whichever  first  occurs;
32        an  unmarried adopted child under age 18 (under age 22 if
33        a full-time student) if  the  adoption  proceedings  were
34        initiated  at  least  one  year  prior  to  the  death or
 
SB745 Engrossed             -411-              LRB9101253EGfg
 1        withdrawal of the member or  annuitant,  whichever  first
 2        occurs;  and  an unmarried child over age 18 if he or she
 3        is  dependent  by  reason  of  a   physical   or   mental
 4        disability,  so long as the physical or mental disability
 5        continues.  For purposes of this  subsection,  disability
 6        means  inability  to  engage  in  any substantial gainful
 7        activity by reason of any medically determinable physical
 8        or mental impairment which can be expected to  result  in
 9        death  or which has lasted or can be expected to last for
10        a continuous period of not less than 12 months.
11             (3)  A dependent parent of the member or  annuitant;
12        a  dependent  step-parent by a marriage contracted before
13        the member or annuitant attained age 18; or  a  dependent
14        adopting  parent  by  whom  the  member  or annuitant was
15        adopted before he or she attained age 18.
16        (e)  Payment of a  survivors  annuity  to  a  beneficiary
17    terminates  upon:  (1)  remarriage before age 55 or death, if
18    the beneficiary is of a spouse; (2) marriage or death, if the
19    beneficiary is of a child; or (3) remarriage before age 55 or
20    death, if the beneficiary  is  of  a  parent  terminates  the
21    survivors  annuity  payable  on  account of such beneficiary.
22    Remarriage  of  a  prospective  beneficiary  prior   to   the
23    attainment  of  age  50  disqualifies the beneficiary for the
24    annuity expectancy hereunder.  Termination due to a  marriage
25    or  remarriage  shall  be  permanent regardless of any future
26    changes in marital status.
27        Any person whose survivors annuity was terminated  during
28    1978  or  1979  due  to remarriage at age 55 or over shall be
29    eligible to apply,  not  later  than  July  1,  1990,  for  a
30    resumption of that annuity, to begin on July 1, 1990.
31        (f)  The term "dependent" relating to a survivors annuity
32    means  a beneficiary of a survivors annuity who was receiving
33    from the member at the date of the member's  death  at  least
34    1/2  of the support for maintenance including board, lodging,
 
SB745 Engrossed             -412-              LRB9101253EGfg
 1    medical care and like living costs.
 2        (g)  If there is no eligible spouse surviving the member,
 3    or if a survivors annuity beneficiary includes a  spouse  who
 4    dies  or  remarries,  the  annuity is payable to an unmarried
 5    child or children.  If at the date of  death  of  the  member
 6    there is no spouse or unmarried child, payments shall be made
 7    to  a  dependent parent or parents.  If no eligible survivors
 8    annuity beneficiary survives the member, the non-occupational
 9    death benefit is payable  in  the  manner  provided  in  this
10    Article.
11        (h)  Survivor  benefits  do  not  affect any reversionary
12    annuity.
13        (i)  If a survivors annuity beneficiary becomes  entitled
14    to  a  widow's  annuity or one or more survivors annuities or
15    both such annuities, the beneficiary shall elect  to  receive
16    only one of such annuities.
17        (j)  Contributing  creditable  service  under  the  State
18    Universities  Retirement  System  and  the Teachers' Teachers
19    Retirement  System  of  the  State  of  Illinois   shall   be
20    considered  in  determining  whether  the  member has met the
21    contributing service requirements of this Section.
22        (k)  In lieu of the Survivor's Annuity described in  this
23    Section,  the  spouse  of the member has the option to select
24    the Nonoccupational Death Benefit described in this  Article,
25    provided  the  spouse  is  the  sole  survivor  and  the sole
26    nominated beneficiary of the member.
27        (l)  The  changes  made  to  this  Section  and  Sections
28    14-118, 14-119, and 14-128 by this amendatory  Act  of  1997,
29    relating  to  benefits for certain unmarried children who are
30    full-time students under age  22,  apply  without  regard  to
31    whether  the  deceased  member was in service on or after the
32    effective date of this amendatory Act of 1997.  These changes
33    do not authorize the repayment of a refund or  a  re-election
34    of   benefits,  and  any  benefit  or  increase  in  benefits
 
SB745 Engrossed             -413-              LRB9101253EGfg
 1    resulting from these changes is not payable retroactively for
 2    any period before the effective date of this  amendatory  Act
 3    of 1997.
 4    (Source: P.A. 90-448, eff. 8-16-97; revised 2-24-98.)

 5        (40 ILCS 5/15-102) (from Ch. 108 1/2, par. 15-102)
 6        Sec.  15-102.  Terms  defined.   The  terms  used in this
 7    Article shall have the meanings ascribed to them in  Sections
 8    15-103  through  15-132.1  15-132,  except  when  the context
 9    otherwise requires.
10    (Source: P.A. 83-1440; revised 3-2-98.)

11        (40 ILCS 5/15-113.6) (from Ch. 108 1/2, par. 15-113.6)
12        Sec. 15-113.6.  Service for employment in public schools.
13    "Service for employment in public schools":   Includes  those
14    periods  not  exceeding  the lesser of 10 years or 2/3 of the
15    service granted under other Sections of this Article  dealing
16    with  service  credit,  during which a person who entered the
17    system after September 1, 1974 was employed full  time  by  a
18    public  common  school, public college and public university,
19    or by an agency or instrumentality of any of  the  foregoing,
20    of  any  state,  territory,  dependency  or possession of the
21    United States of America, including the Philippine Phillipine
22     Islands, or a school operated by or under  the  auspices  of
23    any  agency  or  department of any other state, if the person
24    (1) cannot qualify for a retirement pension or other  benefit
25    based  upon  employer  contributions  from another retirement
26    system, exclusive of federal social security, based in  whole
27    or  in  part upon this employment, and (2) pays the lesser of
28    (A) an amount  equal  to  8%  of  his  or  her  annual  basic
29    compensation on the date of becoming a participating employee
30    subsequent  to this service multiplied by the number of years
31    of such service, together with  compound  interest  from  the
32    date  participation begins to the date payment is received by
 
SB745 Engrossed             -414-              LRB9101253EGfg
 1    the board at the rate of 6%  per  annum  through  August  31,
 2    1982, and at the effective rates after that date, and (B) 50%
 3    of  the  actuarial  value  of  the increase in the retirement
 4    annuity provided by this service, and (3) contributes for  at
 5    least 5 years subsequent to this employment to one or more of
 6    the  following  systems:  the  State  Universities Retirement
 7    System, the Teachers'  Retirement  System  of  the  State  of
 8    Illinois,   and  the  Public  School  Teachers'  Pension  and
 9    Retirement Fund of Chicago.
10        The service granted  under  this  Section  shall  not  be
11    considered  in determining whether the person has the minimum
12    of 8 years of service required to qualify  for  a  retirement
13    annuity  at  age  55  or  the  5 years of service required to
14    qualify for a retirement annuity at age 62,  as  provided  in
15    Section  15-135.    The maximum allowable service of 10 years
16    for this governmental employment  shall  be  reduced  by  the
17    service  credit  which  is  validated  under paragraph (3) of
18    Section 16-127 and paragraph 1 one of Section 17-133.
19    (Source: P.A. 83-1440; revised 10-31-98.)

20        (40 ILCS 5/17-123) (from Ch. 108 1/2, par. 17-123)
21        Sec. 17-123. Death benefits - Death  in  service.   If  a
22    teacher  dies  (a)  in  service, (b) after resignation or (c)
23    after retirement but before receiving  any  pension  payment,
24    his or her estate shall be paid a refund of the amounts he or
25    she  contributed  to the Fund less (1) any former refund that
26    has not  been  repaid,  (2)  the  amount  contributed  for  a
27    survivor's pension in the event such pension is payable under
28    Sections  17-121  and  17-122 121 and 122 of this Article and
29    (3) pension payments received; but if  a  written  direction,
30    signed  by  the  contributor  before an officer authorized to
31    take acknowledgments and stating that  the  refund  shall  be
32    paid  to  named beneficiaries, was filed with the Board prior
33    to his or her death, the refund shall be paid to  such  named
 
SB745 Engrossed             -415-              LRB9101253EGfg
 1    beneficiaries. If any of several named beneficiaries does not
 2    survive the contributor and no directive was furnished by the
 3    member  to cover this contingency, the deceased beneficiary's
 4    share of the refund shall  be  paid  to  the  estate  of  the
 5    contributor.
 6        In  addition  to  the  payment  provided in the foregoing
 7    paragraph, if such teacher has received service credit within
 8    13 calendar months of the date of death  or  was  on  a  sick
 9    leave authorized by the Employer at the time of death, and if
10    no   other  pensions  or  benefits  were  payable  under  the
11    provisions of this Article or any other participating system,
12    as defined in the Illinois Retirement Systems Reciprocal Act,
13    except a refund of contributions  or  a  survivor's  pension,
14    there  shall  be  paid a single payment death benefit.  For a
15    teacher who dies on or  after  the  effective  date  of  this
16    amendatory  Act  of  1991, this benefit shall be equal to the
17    last month's base rate of salary, subject to the  limitations
18    and  conditions  set  forth in this Article, for each year of
19    validated service, not to exceed  6  times  such  salary,  or
20    $10,000, whichever is less.  The single payment death benefit
21    shall  be  paid  in  the  manner  prescribed  for a refund of
22    contributions to the Fund.
23        Death benefits shall be paid only on written  application
24    to the Board.
25    (Source: P.A. 90-566, eff. 1-2-98; revised 3-2-98.)

26        (40 ILCS 5/17-127.2)
27        Sec.  17-127.2.  Additional  contributions by employer of
28    teachers.  (a) Beginning July 1,  1998,  the  employer  of  a
29    teacher  shall  pay  to  the  Fund  an  employer contribution
30    computed as follows:
31             (1)  Beginning July 1, 1998 through June  30,  1999,
32        the  employer contribution shall be equal to 0.3% of each
33        teacher's salary.
 
SB745 Engrossed             -416-              LRB9101253EGfg
 1             (2)  Beginning July  1,  1999  and  thereafter,  the
 2        employer  contribution  shall  be  equal to 0.58% of each
 3        teacher's salary.
 4    The employer may pay these employer contributions out of  any
 5    source  of  funding  available  for  that  purpose  and shall
 6    forward  the  contributions  to  the  Fund  on  the  schedule
 7    established for the payment of member contributions.
 8        These employer contributions need not be made in a fiscal
 9    year if the Board has certified in the previous  fiscal  year
10    that  the  Fund  is  at  least 90% funded, based on actuarial
11    determinations.
12        These employer contributions are  intended  to  offset  a
13    portion  of  the  cost  to  the  Fund  of  the  increases  in
14    retirement  benefits  resulting  from  Public Act 90-582 this
15    amendatory Act of 1998.
16    (Source: P.A. 90-582, eff. 5-27-98; revised 10-28-98.)

17        (40 ILCS 5/18-112.2) (from Ch. 108 1/2, par. 18-112.2)
18        Sec. 18-112.2.  Transfer of creditable service to Article
19    8, 9 or 13 Fund.
20        (a)  Any city officer as defined in  Section  8-243.2  of
21    this  Code,  any county officer elected by vote of the people
22    who is a participant in the pension  fund  established  under
23    Article  9 13 of this Code, and any elected sanitary district
24    commissioner  who  is  a  participant  in  a   pension   fund
25    established  under  Article  13  of  this Code, may apply for
26    transfer  of  his  or  her  credits  and  creditable  service
27    accumulated under this System to such  Article  8,  9  or  13
28    fund.    Such   creditable   service   shall  be  transferred
29    forthwith.  Payment by this System to the Article 8, 9 or  13
30    fund shall be made at the same time, and shall consist of:
31             (1)  the  amounts  credited to the applicant through
32        employee contributions, including interest if applicable,
33        on the date of transfer; and
 
SB745 Engrossed             -417-              LRB9101253EGfg
 1             (2)  employer contributions equal to the accumulated
 2        employee contributions as  determined  under  clause  (1)
 3        above.
 4        Participation  in this System shall terminate on the date
 5    of transfer.
 6        (b)  Any such elected city  officer,  county  officer  or
 7    sanitary  district  commissioner  may  reinstate  credits and
 8    creditable service terminated upon receipt of  a  refund,  by
 9    repaying to the System the amount of the refund together with
10    interest thereon to the date of payment.
11    (Source: P.A. 85-964; 86-1488; revised 10-31-98.)

12        Section 68.  The Local Records Act is amended by changing
13    Section 3a as follows:

14        (50 ILCS 205/3a) (from Ch. 116, par. 43.103a)
15        Sec.  3a.  (a) Reports  and  records  of  the obligation,
16    receipt and use  of  public  funds  of  the  units  of  local
17    government  and school districts, including certified audits,
18    management letters  and  other  audit  reports  made  by  the
19    Auditor  General,  County  Auditors,  other  officers  or  by
20    certified  public  accountants  licensed  under  the Illinois
21    Public Accounting Act "An Act to  regulate  the  practice  of
22    public  accounting and to repeal certain Acts therein named",
23    approved July 22, 1943, as  amended,  and  presented  to  the
24    corporate  authorities  or  boards  of  the  units  of  local
25    government,   are  public records available for inspection by
26    the public. These records shall be kept at the official place
27    of business of each  unit  of  local  government  and  school
28    district  or at a designated place of business of the unit or
29    district.  These  records  shall  be  available  for   public
30    inspection   during  regular  office  hours  except  when  in
31    immediate use by persons  exercising  official  duties  which
32    require  the  use  of  those records. The person in charge of
 
SB745 Engrossed             -418-              LRB9101253EGfg
 1    such records may require a notice in writing to be  submitted
 2    24 hours prior to inspection and may require that such notice
 3    specify  which  records  are to be inspected. Nothing in this
 4    Section shall require units of local  government  and  school
 5    districts to invade or assist in the invasion of any person's
 6    right to privacy.
 7    (Source: P.A. 82-239; revised 10-31-98.)

 8        Section  69.   The  Governmental  Account  Audit  Act  is
 9    amended by changing Section 10 as follows:

10        (50 ILCS 310/10) (from Ch. 85, par. 710)
11        Sec.  10.  This  Act  does not relieve any officer of any
12    other duties required by law  of  him  with  respect  to  the
13    auditing  of  public  accounts  or the disbursement of public
14    funds. Failure of the governing body of any governmental unit
15    to comply with the provisions provision of this Act does  not
16    affect  the  legality of taxes levied for any of the funds of
17    such governmental unit.
18    (Source: Laws 1967, p. 529; revised 10-31-98.)

19        Section 70.  The Local Government Debt Limitation Act  is
20    amended by changing Section 1.22 as follows:

21        (50 ILCS 405/1.22) (from Ch. 85, par. 851.22)
22        Sec.  1.22.   The  limitations prescribed in Section 1 of
23    this Act do not apply to any indebtedness of any township for
24    acquisition of open  lands  and  their  use  for  open  space
25    purposes under Article 115 of the Township Code.
26    (Source: P.A. 88-670, eff. 12-2-94; revised 10-31-98.)

27        Section  71.  The Illinois Police Training Act is amended
28    by changing Section 2 as follows:
 
SB745 Engrossed             -419-              LRB9101253EGfg
 1        (50 ILCS 705/2) (from Ch. 85, par. 502)
 2        Sec. 2. Definitions.  As used in  this  Act,  unless  the
 3    context otherwise requires:
 4        "Board"  means  the  Illinois  Law  Enforcement  Training
 5    Standards Board.
 6        "Local  governmental agency" means any local governmental
 7    unit or municipal corporation in this  State.   It  does  not
 8    include  the  State  of  Illinois  or  any  office,  officer,
 9    department, division, bureau, board, commission, or agency of
10    the  State,  except  that  it does include a State-controlled
11    university, college or public community college.
12        "Police training school" means any school located  within
13    the  State  of  Illinois  whether privately or publicly owned
14    which  offers  a  course  in  police  or  county  corrections
15    training and has been approved by the Board.
16        "Probationary  police  officer"  means  a   recruit   law
17    enforcement officer required to successfully complete initial
18    minimum  basic  training  requirements  at  a police training
19    school to be eligible for permanent full-time employment as a
20    local law enforcement officer.
21        "Probationary part-time police officer" means  a  recruit
22    part-time  law  enforcement  officer required to successfully
23    complete initial minimum part-time training  requirements  to
24    be  eligible  for  employment on a part-time basis as a local
25    law enforcement officer.
26        "Permanent  police  officer"  means  a  law   enforcement
27    officer  who has completed his or her probationary period and
28    is permanently employed on a full-time basis as a  local  law
29    enforcement  officer  by  a  participating local governmental
30    unit or as a security officer or campus policeman permanently
31    employed  by  a  participating  State-controlled  university,
32    college, or public community college.
33        "Part-time  police  officer"  means  a  law   enforcement
34    officer  who has completed his or her probationary period and
 
SB745 Engrossed             -420-              LRB9101253EGfg
 1    is employed on a part-time basis as a law enforcement officer
 2    by a participating unit of local government or  as  a  campus
 3    policeman  by  a  participating  State-controlled university,
 4    college, or public community college.
 5        "Law enforcement officer" means any police officer  of  a
 6    local  governmental  agency  who is primarily responsible for
 7    prevention or detection of crime and the enforcement  of  the
 8    criminal  code, traffic, or highway laws of this State or any
 9    political subdivision of this State.
10        "Recruit"  means   any   full-time   or   part-time   law
11    enforcement  officer  or full-time county corrections officer
12    who is enrolled in an approved training course.
13        "Probationary county corrections officer" means a recruit
14    county corrections officer required to successfully  complete
15    initial  minimum  basic  training  requirements  at  a police
16    training school to be eligible for permanent employment on  a
17    full-time basis as a county corrections officer.
18        "Permanent  county  corrections  officer"  means a county
19    corrections officer who has completed his probationary period
20    and is permanently employed on a full-time basis as a  county
21    corrections  officer  by  a  participating local governmental
22    unit.
23        "County corrections officer" means any sworn  officer  of
24    the  sheriff who is primarily responsible for the control and
25    custody of offenders, detainees or inmates.
26        "Probationary court security  officer"  means  a  recruit
27    court  security  officer  required  to  successfully complete
28    initial minimum basic training requirements at  a  designated
29    training  school  to  be  eligible  for employment as a court
30    security officer.
31        "Permanent court security officer" means a court security
32    officer who has completed his or her probationary period  and
33    is  employed  as  a court security officer by a participating
34    local governmental unit.
 
SB745 Engrossed             -421-              LRB9101253EGfg
 1        "Court security officer" has the meaning ascribed  to  it
 2    in Section 3-6012.1 of the Counties Code.
 3    (Source:  P.A.  89-170,  eff.  1-1-96;  89-685,  eff. 6-1-97;
 4    89-707, eff. 6-1-97; 90-271, eff. 7-30-97; revised 7-10-98.)

 5        Section 72.  The Law Enforcement Intern Training  Act  is
 6    amended by changing Sections 5 and 20 as follows:

 7        (50 ILCS 708/5)
 8        Sec. 5.  Definitions.  As used in this Act:
 9        "Academy"  means  a  school certified by the Illinois Law
10    Enforcement Training and Standards  Board  to  provide  basic
11    training under Section 6 of the Illinois Police Training Act.
12        "Board"  means  the Illinois Law Enforcement Training and
13    Standards Board created by the Illinois Police Training Act.
14        "Law Enforcement Intern" means a civilian who has met the
15    requirements to enter the  Law  Enforcement  Intern  Training
16    Program  and who is not employed as a law enforcement officer
17    under the Illinois Police Training Act.
18        "Graduate Law Enforcement Intern" means  a  civilian  who
19    has   successfully   completed  the  law  enforcement  intern
20    training course and is not  employed  as  a  law  enforcement
21    officer under the Illinois Police Training Act.
22        "Trainee"  means a law enforcement intern who is enrolled
23    in the Law Enforcement Intern Training Program.
24    (Source: P.A. 90-259, eff. 7-30-97; revised 7-10-98.)

25        (50 ILCS 708/20)
26        Sec. 20.  Certification; transition  course.   The  Board
27    shall  require  law  enforcement  interns  to undertake, at a
28    minimum, the same training requirements  as  established  for
29    law  enforcement  officers under the Illinois Police Training
30    Act.  The Board  certificate  reserved  for  law  enforcement
31    officers  shall  not  be  awarded  until  the law enforcement
 
SB745 Engrossed             -422-              LRB9101253EGfg
 1    intern is employed,  has  successfully  completed  the  State
 2    certification exam, and meets the requirements established by
 3    the  Board.   The Law Enforcement Intern Certificate shall be
 4    issued to the trainee following the successful completion  of
 5    the  course.   The  graduate  law  enforcement intern, if not
 6    employed as a law enforcement officer within  2  years  after
 7    issuance of the law enforcement intern certificate, must then
 8    meet  the  requirements  of  the Illinois Police Training Act
 9    upon employment.  A graduate law enforcement  intern  who  is
10    not  employed  within  one  year, but is hired within 2 years
11    after completing the course,  must  successfully  complete  a
12    transition  course  approved  by the Illinois Law Enforcement
13    Police  Training  Standards  Board  and  again   successfully
14    complete  the  law  enforcement  State  certification exam in
15    order to obtain the  Board's  certificate  reserved  for  law
16    enforcement officers.  The transition course shall consist of
17    a  minimum  of  80  hours  and  shall be conducted at a Board
18    certified academy.
19    (Source: P.A. 90-259, eff. 7-30-97; revised 7-10-98.)

20        Section 73.  The Counties Code  is  amended  by  changing
21    Sections  3-2005,  3-3042, 3-10003, 3-12013, 3-13001, 4-2003,
22    5-1109, 5-23006, 5-23014, 5-32014, 5-32017,  and  5-32030  as
23    follows:

24        (55 ILCS 5/3-2005) (from Ch. 34, par. 3-2005)
25        Sec.  3-2005.  Bond.   Each  county  clerk  shall, before
26    entering upon the duties of his or her office, give bond (or,
27    if  the  county  is  self-insured,  the  county  through  its
28    self-insurance program may provide bonding) in  such  penalty
29    and  with  such  security  as  the  county  board  shall deem
30    sufficient,  which  bond  shall  be  substantially   in   the
31    following  form, and shall be recorded in full in the records
32    of his or her office, and when so recorded shall be deposited
 
SB745 Engrossed             -423-              LRB9101253EGfg
 1    with the clerk of the circuit court for safe keeping:
 2        We, (A B) principal, and (C D), and (E F), sureties,  all
 3    of  the  county of ...., and State of Illinois, are obligated
 4    to the People of the State of Illinois, in the penal  sum  of
 5    $....,  for the payment of which, we obligate ourselves, each
 6    of us, our heirs, executors and administrators.
 7        The condition of the above bond  is  such,  that  if  the
 8    above  obligated (A B) shall perform all the duties which are
 9    or may be required by law to be performed by  him  as  county
10    clerk of the county of .... in the time and manner prescribed
11    or  to  be  prescribed  by  law,  and when he is succeeded in
12    office, shall surrender  and  deliver  over  to  his  or  her
13    successor  in  office  all  books,  papers, moneys, and other
14    things belonging to the county, and appertaining  to  his  or
15    her  office,  then  the  above  bond to be void; otherwise to
16    remain in full force.
17        Dated (insert date). 19
18        Signed and delivered in the presence of (G H).
19                           Signature A B,
20                           Signature C D,
21                           Signature E F,
22    (Source: P.A. 88-387; revised 10-20-98.)

23        (55 ILCS 5/3-3042) (from Ch. 34, par. 3-3042)
24        Sec. 3-3042.  Duties of deputies. Deputy  coroners,  duly
25    appointed  and  qualified,  may  perform  any  and all of the
26    duties of the coroner in the name of  the  coroner,  and  the
27    acts  of  such  deputies  shall  be  held  to  be acts of the
28    coroner.
29    (Source: P.A. 86-962; revised 10-31-98.)

30        (55 ILCS 5/3-10003) (from Ch. 34, par. 3-10003)
31        Sec. 3-10003. Bond; form.  Each County treasurer,  before
32    he  or she enters upon the duties of his or her office, shall
 
SB745 Engrossed             -424-              LRB9101253EGfg
 1    also execute a bond (or, if the county is  self-insured,  the
 2    county   through   its  self-insurance  program  may  provide
 3    bonding) in such penalty and with such security as the county
 4    board shall deem sufficient, which bond in every  county  now
 5    having or which may hereafter have a population of 500,000 or
 6    more  shall  be  in  a penal sum of not less than $1,500,000.
 7    Such bond shall be in substance in the following form to-wit:
 8        We, (A.B.), principal, and (C.D. and E.F.), sureties, all
 9    of the county of .... and State of Illinois, are obligated to
10    the People of the State of  Illinois  in  the  penal  sum  of
11    $....,  for the payment of which, we obligate ourselves, each
12    of us, our heirs, executors  and  administrators,  successors
13    and assigns.
14        The  condition  of  the  above  bond is such, that if the
15    above obligated (A.B.) shall perform all the duties which are
16    or may be required by law to be performed by him or  her,  as
17    treasurer  of  the  county  of  ....  in  the time and manner
18    prescribed or to be prescribed by law, and when he or she  is
19    succeeded  in office, shall surrender and deliver over to his
20    or her successor in office, all  books,  papers,  moneys  and
21    other things belonging to the county, and appertaining to his
22    or her office, except as hereinafter provided, then the above
23    bond to be void; otherwise to remain in full force.
24        It   is   expressly  understood  and  intended  that  the
25    obligation of the above named sureties shall  not  extend  to
26    any  loss  sustained by the insolvency, failure or closing of
27    any bank or trust company organized and operating  under  the
28    laws  of  this  State  or  of  the  United States wherein the
29    principal has placed the funds in his custody or control,  or
30    any part thereof.
31        Dated (insert date). 19
32        Signed and delivered in the presence of (G.H.)
33                       A. B. .... (Signature)
34                       C. D. .... (Signature)
 
SB745 Engrossed             -425-              LRB9101253EGfg
 1                       E. F. .... (Signature)
 2        The  bond  shall  be  filed  with  the county clerk on or
 3    before the first Monday of December after such election.
 4    (Source: P.A. 88-387; revised 10-20-98.)

 5        (55 ILCS 5/3-12013) (from Ch. 34, par. 3-12013)
 6        Sec.   3-12013.  Violations;   prosecution.   Violations,
 7    penalties, prosecutions. Any person who wilfully  or  through
 8    culpable   negligence   violates   this   Division,   or  any
 9    commission, examiner, agent or employee of the commission, or
10    any applicant who wilfully  or  through  culpable  negligence
11    violates  any  rule promulgated under this Division, shall be
12    punished by a fine of not less than $50 nor more than $1,000,
13    or by imprisonment in a  penal  institution  other  than  the
14    penitentiary for a term not exceeding 6 months, or both.
15        All prosecutions for violations of this Division shall be
16    instituted  and  conducted  by  the  State's  Attorney of the
17    county where the offense occurred.  In the case of conviction
18    under this Division, the  office  or  position  held  by  the
19    person convicted shall be considered vacant.
20    (Source: P.A. 86-962; revised 10-31-98.)

21        (55 ILCS 5/3-13001) (from Ch. 34, par. 3-13001)
22        Sec.   3-13001.   Account  of  fees  received  by  county
23    officers. Every county officer of counties of the  first  and
24    second  classes who collects fees shall, in a book to be kept
25    for that purpose, keep a full, true and minute account of all
26    the fees and emoluments of his or her office, designating  in
27    corresponding  columns, the amount of all fees and emoluments
28    earned, and all payments received  on  account  thereof,  and
29    showing  the  name of each person or persons paying fees, and
30    the amount received from each person, and shall also keep  an
31    account  of all expenditures made by him or her on account of
32    clerk hire, stationery, fuel, and other expenses, for keeping
 
SB745 Engrossed             -426-              LRB9101253EGfg
 1    which book no fees shall be allowed to such officer.
 2        Every such officer of counties of the  first  and  second
 3    classes, shall, on the first day of June and December of each
 4    year,  make to the chairman of the county boards, a return in
 5    writing of all the fees and emoluments of his or her  office,
 6    of  every  name  and  character,  which report shall show the
 7    gross amount of the earnings of the  office,  and  the  total
 8    amount  of  receipts  of whatever name and character, and all
 9    necessary expenses for clerk hire, stationery, fuel and other
10    expenses for the half year ending at the time of such report,
11    or the portion thereof.
12        The county boards, in counties of the  first  and  second
13    class,  shall  carefully  audit  and examine such report, and
14    ascertain the exact balance of such fees, if any, held by any
15    such officer, and shall order that  such  officer  shall  pay
16    over  such  moneys  to  the  county  treasurer, whose receipt
17    therefor shall be evidence of the settlement, by such officer
18    of such report.
19        Every such report shall be signed  and  verified  by  the
20    affidavit  of  the  officer  making the same, which affidavit
21    shall be substantially of the following form:
22        "STATE OF ILLINOIS,
23        County of ....
24        I, ...., do solemnly swear, that  the  foregoing  account
25    is,  in  all  respects,  just  and true, according to my best
26    knowledge and belief;  and  that  I  have  neither  received,
27    directly  or indirectly, nor directly or indirectly agreed to
28    receive or be paid, for my  own  or  another's  benefit,  any
29    other moneys, article or consideration than therein stated.
30                                         ........................
31        Signed and sworn to before me on (insert date). this ....
32    day of ...., 19.
33                                         ......................."
34    (Source: P.A. 86-962; revised 10-20-98.)
 
SB745 Engrossed             -427-              LRB9101253EGfg
 1        (55 ILCS 5/4-2003) (from Ch. 34, par. 4-2003)
 2        Sec.   4-2003.   Assistants.   Where   assistant  State's
 3    Attorneys are required in any  county,  the  number  of  such
 4    assistants  shall  be determined by the county board, and the
 5    salaries of such assistants shall be  fixed  by  the  State's
 6    Attorney  subject to budgetary limitations established by the
 7    county board and paid out of the county treasury in quarterly
 8    annual installments, on the order of the county board on  the
 9    treasurer  of  said  county. Such assistant State's Attorneys
10    are to be named by the State's Attorney of  the  county,  and
11    when  so  appointed shall take the oath of office in the same
12    like manner as State's Attorneys,  and  shall  be  under  the
13    supervision of the State's Attorney.
14    (Source: P.A. 86-962; 86-1303; revised 10-31-98.)

15        (55 ILCS 5/5-1109) (from Ch. 34, par. 5-1109)
16        Sec.  5-1109.  Assessment  maps  in counties of less than
17    1,000,000.   The  county  board  of  any  county   having   a
18    population of less than 1,000,000 inhabitants may whenever in
19    the  opinion  of  the  board it becomes necessary, retain the
20    services of a surveyor who  shall  be  registered  under  the
21    provisions  of the Illinois Professional Land Surveyor Act of
22    1989, as amended, or a person experienced in the  preparation
23    of  assessment  maps  or plats, to prepare assessment maps or
24    plats of all or any part of the real property in any  or  all
25    of  the  townships in such county.  Such maps shall show each
26    separately assessed parcel of real estate together  with  the
27    area  thereof. Subdivided property in recorded plats shall be
28    given the same  designation  as  is  contained  in  the  plat
29    recorded, except that the surveyor may designate by letter or
30    number  any  assessed  parcel within such recorded plat which
31    cannot be identified  without  describing  it  by  metes  and
32    bounds.   Assessed parcels not within recorded plats shall be
33    designated by lot numbers or letters.  The  county  board  in
 
SB745 Engrossed             -428-              LRB9101253EGfg
 1    each county may make such further regulations concerning this
 2    work as are deemed necessary.  A copy of the books containing
 3    such maps or plats shall be filed with the county assessor or
 4    supervisor  of  assessments,  with  the recorder and with the
 5    county clerk, and a copy  of  the  maps  or  plats  for  each
 6    township  shall  be filed with the assessor of such township,
 7    all of whom shall maintain and preserve these copies  subject
 8    to  the provisions of the Local Records Act, as amended. Upon
 9    the filing of the books as aforesaid, the county  clerk,  the
10    township  or  county assessor, the supervisor of assessments,
11    the board of review, and all other persons whose duty  it  is
12    to  assess  property  within  the  area  covered by the maps,
13    shall, beginning with the next quadrennial assessment year as
14    set forth in Section 9-95 of the Property  Tax  Code,  assess
15    the  parcels  of  land by identifying them in accordance with
16    the description and designation set forth in such  assessment
17    map  or maps.  All maps filed in accordance herewith shall be
18    designated as "Supervisors' Assessment Maps .... Township".
19        In any county adopting the provisions of this Section,  a
20    surveyor, who shall be registered under the provisions of the
21    Illinois  Professional Land Surveyor Act of 1989, as amended,
22    or a person experienced in the preparation of assessment maps
23    or plats, shall be retained by the  county  board  and  shall
24    prepare  supplemental  or correction maps showing all changes
25    in assessment descriptions made subsequent to  the  preceding
26    maps  and  prior  to  November  15 of the year preceding each
27    quadrennial assessment year.  Supplemental or correction maps
28    shall be prepared only of those pages upon which  corrections
29    or  changes  are to be made and shall conform to the original
30    maps filed  except  as  to  such  changes.   Copies  of  such
31    supplemental  or  correction  maps or pages, properly indexed
32    and identified, shall be bound in one volume,  if  practical;
33    shall  be  filed in the same manner as is herein provided for
34    copies  of  the  original  maps;  and  shall  be   known   as
 
SB745 Engrossed             -429-              LRB9101253EGfg
 1    "Supplemental  Supervisors'  Assessment  Maps  for  the  year
 2    (insert year) 19..".
 3        The  expense  of  making  such  maps  or plats and copies
 4    thereof shall be borne by the county.
 5    (Source: P.A. 88-670, eff. 12-2-94; revised 10-20-98.)

 6        (55 ILCS 5/5-23006) (from Ch. 34, par. 5-23006)
 7        Sec. 5-23006.  Referendum; joint facilities.    When  100
 8    legal  voters  of any county shall present a petition, to the
 9    County Board of such county asking that an annual tax may  be
10    levied  for  the  establishment  and  maintenance of a county
11    tuberculosis sanitarium in such  county,  such  County  Board
12    shall   certify   the  proposition  to  the  proper  election
13    officials, who shall submit the proposition at an election in
14    accordance with the general election law.  At  such  election
15    every  elector  may vote for or against the levy of a tax for
16    the establishment and maintenance of  a  county  tuberculosis
17    sanitarium.   The  proposition  shall be in substantially the
18    following form:
19    -------------------------------------------------------------
20        Shall an annual tax of not to
21    exceed .075 % of the value as            YES
22    equalized or assessed by the
23    Department of Revenue for the         -----------------------
24    establishment and maintenance of
25    a county tuberculosis sanitarium          NO
26    be levied?
27    -------------------------------------------------------------
28        If a majority of all the votes cast upon the  proposition
29    shall  be  for  the  levy  of a tax for a county tuberculosis
30    sanitarium the County Board of such county  shall  thereafter
31    annually  levy  a  tax  of not to exceed .075 per cent of the
32    value, as equalized or assessed by the Department of Revenue,
33    which tax shall  be  collected  in  like  manner  with  other
 
SB745 Engrossed             -430-              LRB9101253EGfg
 1    general  taxes  in  such  county  and  shall  be known as the
 2    "Tuberculosis Sanitarium Fund",  and  thereafter  the  County
 3    Board  of such county shall in the annual appropriation bill,
 4    appropriate from such fund such sum or sums of money  as  may
 5    be  deemed  necessary  to  defray  all necessary expenses and
 6    liabilities of such county tuberculosis sanitarium.
 7        If a county has adopted a proposition for the levy  of  a
 8    tax  of  not  to  exceed  one mill on the dollar for a county
 9    tuberculosis sanitarium such tax shall after January 1,  1946
10    be  extended  at  a  rate  not  to exceed .05 per cent of the
11    value, as equalized or assessed by the Department of Revenue,
12    but may be increased to not to exceed .075 per  cent  of  the
13    value, as equalized or assessed by the Department of Revenue,
14    by  ordering  the  submission  of the proposition to increase
15    such tax to the voters of such county at any regular election
16    in accordance with the general election law; provided that if
17    a county has adopted, prior to January 1, 1946, a proposition
18    for the levy of a tax of not to exceed 1  1/2  mills  on  the
19    dollar  for  a county tuberculosis sanitarium, such tax shall
20    after January 1, 1946 be extended at a  rate  not  to  exceed
21    .075  per  cent of the value, as equalized or assessed by the
22    Department of Revenue.
23        The foregoing limitations upon tax rates, insofar as they
24    are applicable to counties of less than 1,000,000 population,
25    may be increased or decreased under the referendum provisions
26    of the General Revenue Law of Illinois.
27        The County boards of any 2  or  more  adjoining  counties
28    each  having  a population of less than 1,000,000 inhabitants
29    may  hereafter   by   agreement   provide   for   the   joint
30    construction,  maintenance  and  control  of  a  tuberculosis
31    sanitarium.  Such  agreement  shall  specify  the site of the
32    proposed sanitarium and the proportionate share of  the  cost
33    of  construction  and  the cost of maintenance which shall be
34    borne by each of such  counties.  The  proposition  for  such
 
SB745 Engrossed             -431-              LRB9101253EGfg
 1    joint   construction,   maintenance   and  control  shall  be
 2    submitted to the voters of  each  such  county  at  the  next
 3    succeeding  regular  election  in such county and shall state
 4    the proposed site of such sanitarium  and  the  proportionate
 5    share of the cost of construction and maintenance to be borne
 6    by the respective counties concerned. Each county board shall
 7    certify  the proposition to the proper election officials who
 8    shall submit the proposition at said election  in  accordance
 9    with  the  general  election  law.   If  such  proposition is
10    approved by a majority of the voters in each of such counties
11    voting upon the proposition, the  presiding  officer  of  the
12    county  board  of each county, with the advice and consent of
13    that  county  board,   shall   appoint   3   directors.   The
14    qualifications,  terms of office and removal of the directors
15    appointed in  each  such  county  shall  be  as  provided  in
16    Sections 5-23007 and 5-23008 and vacancies shall be filled in
17    the  manner  provided  in  Section  5-23009  5  hereof.   The
18    directors   so   appointed  by  the  several  counties  shall
19    constitute a joint board of directors  for  the  control  and
20    management  of  the tuberculosis sanitarium.  The joint board
21    of directors shall exercise the powers and be subject to  the
22    duties prescribed in this Division for boards of directors of
23    tuberculosis  sanitaria.   The  county  board  of each of the
24    counties shall annually levy the tax herein provided, and may
25    issue bonds as provided in this paragraph, for the purpose of
26    defraying its proportionate share of the cost of construction
27    and maintenance of the tuberculosis sanitarium.
28        If any county shall issue bonds as hereinafter  provided,
29    then  so long as taxes are required to be levied and extended
30    to pay the principal of and interest on such bonds, the  rate
31    extended  in  any  year  for  the benefit of the tuberculosis
32    sanitarium fund shall be limited to the amount by which  .075
33    per  cent  of  the  value,  as  equalized  or assessed by the
34    Department of Revenue, exceeds the rate extended in such year
 
SB745 Engrossed             -432-              LRB9101253EGfg
 1    to pay such principal of and interest on such bonds.
 2    (Source: P.A. 86-962; revised 10-31-98.)

 3        (55 ILCS 5/5-23014) (from Ch. 34, par. 5-23014)
 4        Sec. 5-23014.  Residence requirements.  For the  purposes
 5    of  this  Division, a person is a resident of and entitled to
 6    receive the benefits provided for in Section 5-23013 from the
 7    county:
 8             (a)  in which he has resided for at least  3  months
 9        or  who  has demonstrated the intent to become a resident
10        at the time he is first diagnosed as having tuberculosis,
11        or suspected of having tuberculosis, for the period  from
12        the  time  of  that  diagnosis  until  his  case  becomes
13        inactive  or  he has resided outside of that county for 6
14        months, whichever first occurs;
15             (b)  in which he has resided for at least  6  months
16        with  a  known case of tuberculosis after moving from the
17        county where the case was first diagnosed; or
18             (c)  in which he has resided for at least  6  months
19        with  a  known,  but inactive, case of tuberculosis which
20        subsequently is reactivated.
21        The board of directors may provide hospitalization to any
22    person  afflicted  with  tuberculosis   regardless   of   his
23    residence.
24        A  person  suffering  from tuberculosis who does not meet
25    the residency requirements under paragraph (a), (b) or (c) of
26    this Section may be hospitalized in a tuberculosis sanitarium
27    maintained by the Department of Public Health.
28        The  board  of  directors   shall   provide   out-patient
29    diagnostic, treatment and observation services to all persons
30    residing  in  its  county regardless of the length of time of
31    that residence.
32    (Source: P.A. 86-962; revised 10-31-98.)
 
SB745 Engrossed             -433-              LRB9101253EGfg
 1        (55 ILCS 5/5-32014) (from Ch. 34, par. 5-32014)
 2        Sec. 5-32014. Special assessment notice.   The  Committee
 3    in addition to the notice in this Division provided for shall
 4    publish  a  notice  at  least twice not more than 30 days nor
 5    less than 15 days  in  advance  of  the  time  at  which  the
 6    confirmation  of the specified assessment is to be sought, in
 7    one or more newspapers published  in  the  county  or  if  no
 8    newspaper is published therein then in one or more newspapers
 9    with  a  general circulation in the county.  The notice shall
10    be over  the  name  of  the  levying  officer  and  shall  be
11    substantially as follows:
12                     "SPECIAL ASSESSMENT NOTICE
13        Notice is hereby given to all persons interested that the
14    County  of  ....  has  order  that  (herein  insert  a  brief
15    description  of the nature of the improvement), the ordinance
16    for the improvement being on file in the office of the County
17    Clerk, having applied to the Circuit Court  of  ....  County,
18    for  an  assessment of the costs of the improvement according
19    to benefits an  assessment  therefor  having  been  made  and
20    returned  to  that Court, a final hearing thereon will be had
21    on (insert date), the .... day of  ....,  19..,  or  as  soon
22    thereafter as the business of the Court will permit.
23        All  persons  desiring  may file objections in that Court
24    before that day and may appear on the hearing and make  their
25    defense. (Here give date)
26                                                     NAME
27                                        .... (LEVYING OFFICER).")
28    The  number  of  installments  and  the rate of interest also
29    shall be stated.
30    (Source: P.A. 86-962; revised 10-20-98.)

31        (55 ILCS 5/5-32017) (from Ch. 34, par. 5-32017)
32        Sec.  5-32017.   Inquiries;   powers   of   court.   Upon
33    objections  or  motions  for that purpose, the court in which
 
SB745 Engrossed             -434-              LRB9101253EGfg
 1    the specified proceeding proceedings is pending  may  inquire
 2    in  a summary way whether the officer making roll has omitted
 3    any property benefited, and whether or not the assessment  as
 4    made  and  returned  is an equitable and just distribution of
 5    the cost of the improvement among  the  parcels  of  property
 6    assessed.   The  court  has  the  power upon such application
 7    being made, to revise and correct the assessment levied or to
 8    change the  manner  of  distribution  among  the  parcels  of
 9    private  property,  so  as  to  produce  a just and equitable
10    assessment.  The court may either make  such  corrections  or
11    change  or  determine  in  general  the  manner  in which the
12    corrections or changes shall be made and refer the assessment
13    roll back to the levying officer for  revisions,  corrections
14    or alterations in such manner as the court may determine.
15    (Source: P.A. 86-962; revised 10-31-98.)

16        (55 ILCS 5/5-32030) (from Ch. 34, par. 5-32030)
17        Sec.  5-32030.   Notice  by  collector. The collector, or
18    some person  designated  by  him  and  under  his  direction,
19    receiving  such a warrant shall give notice thereof within 10
20    days by publishing a notice once each week for  2  successive
21    weeks in one or more newspapers published in the county or if
22    no  newspaper  is  published  therein  then  in  one  or more
23    newspapers with a general circulation  in  the  county.  This
24    notice shall be in the form substantially as follows:
25                      SPECIAL ASSESSMENT NOTICE
26                         Special Warrant No.
27        NOTICE: Publication is hereby given that the (here insert
28    title   of   court)  has  rendered  judgment  for  a  special
29    assessment  upon  property   benefited   by   the   following
30    improvement:  (here  describe  the character, and location of
31    the improvement in general terms) as will more  fully  appear
32    from the certified copy of the judgment on file in my office;
33    that  the warrant for the collection of this assessment is in
 
SB745 Engrossed             -435-              LRB9101253EGfg
 1    my possession. All persons interested are hereby notified  to
 2    call  and  pay  the amount assessed at the collector's office
 3    (here insert location of office) within 30 days from the date
 4    hereof.
 5        Dated (insert date). this .... day of ...., 19...

 6        When  such  an  assessment  is  levied  to  be  paid   in
 7    installments,  the  notice  shall  contain also the amount of
 8    each installment, the rate of interest deferred  installments
 9    bear and the date when payable.
10        The  collector or some person designated by him and under
11    his direction, into whose possession the warrant comes  shall
12    by  written  or  printed  notice, mailed to all persons whose
13    names appear on  the  assessment  roll  inform  them  of  the
14    special assessment and request payment thereof.
15        Any collector omitting to do so is liable to a penalty of
16    $10  for  any  such omission, but the validity of the special
17    assessment or the right to  apply  for  and  obtain  judgment
18    thereon  is  not affected by such an omission. It is the duty
19    of such collector to write  the  word  "Paid"  opposite  each
20    tract  or  lot on which the assessment is paid, together with
21    the name and post office address of  the  person  making  the
22    payment and the date of the payment.
23    (Source: P.A. 86-962; revised 10-20-98.)

24        Section  74.   The  Township  Code is amended by changing
25    Section 235-5 as follows:

26        (60 ILCS 1/235-5)
27        Sec. 235-5.  Township taxes  for  various  purposes.  The
28    township board may raise money, by taxation not exceeding the
29    rates  established  in  Section  235-10,  for  the  following
30    purposes:
31             (1)  Prosecuting  or  defending  suits by or against
32        the township or in which the township is interested.
 
SB745 Engrossed             -436-              LRB9101253EGfg
 1             (2)  Maintaining  cemeteries  under   the   control,
 2        management,   and   ownership   of   the   township   and
 3        controlling,  managing, and maintaining public cemeteries
 4        not operated for profit, notwithstanding  the  provisions
 5        of Section 1c of the Public Graveyards Act.
 6             (3)  Maintaining and operating a public nonsectarian
 7        hospital  under  Article 175. This authorization does not
 8        apply  to  any  township  that  avails  itself   of   the
 9        provisions of Article 170.
10             (4)  Maintaining  and operating a township committee
11        on youth under Section 215-5.
12             (5)  Providing mental health services under  Section
13        190-10.
14             (6)  Providing  services in cooperation with another
15        governmental  entity,  not-for-profit   corporation,   or
16        nonprofit  community  service  association  under Section
17        85-13 165-5.
18             (7)  Maintaining and operating a township  committee
19        for senior citizens' services under Section 220-10.
20             (8)  Maintaining  and  operating  a  township health
21        service that may provide, but is not required to  provide
22        or limited to providing, examination, diagnosis, testing,
23        and   inoculation   and  all  necessary  and  appurtenant
24        personnel, equipment, and insurance.
25             (9)  Any other purpose authorized by law.
26    (Source: P.A.  88-62;  incorporates  88-360;   88-670,   eff.
27    12-2-94; revised 10-30-98.)

28        Section  75.   The  Illinois Municipal Code is amended by
29    changing Sections 3.1-10-50, 7-1-26, 8-2-9.3, 9-2-53, 9-2-79,
30    9-2-94,  9-2-119,  9-3-33,  11-31-1,  11-74.4-5,   11-74.5-1,
31    11-76.1-4, 11-89-2, 11-90-4, 11-111-3, 11-121-7, and 11-129-7
32    and renumbering Division 11-74.5-1 as follows:
 
SB745 Engrossed             -437-              LRB9101253EGfg
 1        (65 ILCS 5/3.1-10-50)
 2        Sec. 3.1-10-50.  Vacancies.
 3        (a)  A  municipal  officer  may  resign  from  office.  A
 4    vacancy occurs in an office by reason of resignation, failure
 5    to elect or qualify (in which case the incumbent shall remain
 6    in  office  until  the  vacancy  is filled), death, permanent
 7    physical or mental disability rendering the person  incapable
 8    of  performing the duties of his or her office, conviction of
 9    a disqualifying crime, abandonment of  office,  removal  from
10    office,  or removal of residence from the municipality or, in
11    the case of aldermen of a ward or  trustees  of  a  district,
12    removal  of  residence from the ward or district, as the case
13    may be. An admission of guilt  of  a  criminal  offense  that
14    would, upon conviction, disqualify the municipal officer from
15    holding  that office, in the form of a written agreement with
16    State or federal prosecutors to plead  guilty  to  a  felony,
17    bribery,  perjury,  or  other  infamous  crime under State or
18    federal law, shall constitute a resignation from that office,
19    effective at the  time  the  plea  agreement  is  made.   For
20    purposes  of  this  Section, a conviction for an offense that
21    disqualifies the municipal officer from holding  that  office
22    shall occur on the date of the return of a guilty verdict or,
23    in  the  case of a trial by the court, the entry of a finding
24    of guilt.
25        (b)  If a vacancy occurs in an elective municipal  office
26    with  a 4-year term and there remains an unexpired portion of
27    the term of at least 28 months, and  the  vacancy  occurs  at
28    least  130  days  before  the general municipal election next
29    scheduled under the general election law, the  vacancy  shall
30    be  filled  for  the  remainder  of  the term at that general
31    municipal election.  Whenever an election is  held  for  this
32    purpose,  the  municipal clerk shall certify the office to be
33    filled and the  candidates  for  the  office  to  the  proper
34    election authorities as provided in the general election law.
 
SB745 Engrossed             -438-              LRB9101253EGfg
 1    If  the  vacancy  is in the office of mayor, the city council
 2    shall elect one of their members acting mayor; if the vacancy
 3    is in the office of president, the vacancy shall be filled by
 4    the appointment by the trustees of an acting  president  from
 5    the  members  of  the  board  of trustees. In villages with a
 6    population of less than 5,000, if each of the members of  the
 7    board  of  trustees either declines the appointment as acting
 8    president or  is  not  approved  for  the  appointment  by  a
 9    majority  vote of the trustees presently holding office, then
10    the board of trustees may appoint  as  acting  president  any
11    other    village  resident who is qualified to hold municipal
12    office. The acting mayor or acting  president  shall  perform
13    the duties and possess all the rights and powers of the mayor
14    or  president  until a successor to fill the vacancy has been
15    elected and has qualified. If the vacancy  is  in  any  other
16    elective municipal office, then until the office is filled by
17    election,  the  mayor  or president shall appoint a qualified
18    person to the office subject to the advice and consent of the
19    city council or trustees.
20        (c)  In a 2 year term, or if  the  vacancy  occurs  later
21    than  the time provided in subsection (b) in a 4 year term, a
22    vacancy in the  office  of  mayor  shall  be  filled  by  the
23    corporate  authorities  electing  one of their members acting
24    mayor; if the vacancy is in  the  office  of  president,  the
25    vacancy shall be filled by the appointment by the trustees of
26    an  acting  president  from  the  members  of  the  board  of
27    trustees.  In  villages with a population of less than 5,000,
28    if each of the  members  of  the  board  of  trustees  either
29    declines  the  appointment  as  acting  president  or  is not
30    approved for the  appointment  by  a  majority  vote  of  the
31    trustees presently holding office, then the board of trustees
32    may  appoint  as acting president any other  village resident
33    who is qualified to hold municipal office. The  acting  mayor
34    or  acting president shall perform the duties and possess all
 
SB745 Engrossed             -439-              LRB9101253EGfg
 1    the rights and powers of the mayor or president until a mayor
 2    or  president  is  elected  at  the  next  general  municipal
 3    election and has qualified.  A vacancy in any elective office
 4    other than mayor or president shall be filled by  appointment
 5    by the mayor or president, with the advice and consent of the
 6    corporate authorities.
 7        (d)  Municipal  officers  appointed or elected under this
 8    Section shall hold office until their successors are  elected
 9    and have qualified.
10        (e)  An  appointment  to  fill a vacancy in the office of
11    alderman shall be made  within  60  days  after  the  vacancy
12    occurs.   The  requirement that an appointment be made within
13    60 days is an exclusive power and function of the  State  and
14    is  a  denial  and  limitation  under Article VII, Section 6,
15    subsection (h) of the Illinois Constitution of the power of a
16    home rule municipality to require that an appointment be made
17    within a different period after the vacancy occurs.
18    (Source: P.A. 90-429,  eff.  8-15-97;  90-707,  eff.  8-7-98;
19    revised 9-16-98.)

20        (65 ILCS 5/7-1-26) (from Ch. 24, par. 7-1-26)
21        Sec.  7-1-26.  Any  territory containing 60 acres or less
22    lying along one or both sides of the boundary line between  2
23    adjoining   municipalities,   and   contiguous   to  a  third
24    municipality  may  be  excluded  from  one  or  both  of  the
25    adjoining municipalities and annexed to the third  contiguous
26    municipality, as follows:
27        The corporate authorities of the excluding municipalities
28    or  municipality  shall,  by  majority  vote of the corporate
29    authorities then holding office, adopt an ordinance providing
30    for such exclusion, and  the  corporate  authorities  of  the
31    annexing  municipality shall adopt an ordinance providing for
32    the annexation of this territory. Upon the adoption of  these
33    ordinances,  the  territory  is  thereby  excluded  from  the
 
SB745 Engrossed             -440-              LRB9101253EGfg
 1    excluding   municipalities   and   added   to   the  annexing
 2    municipality.   The   chief   executive   officer   of   each
 3    municipality thereupon shall file for recordation an accurate
 4    map of the excluded or added territory, as the case  may  be,
 5    together with a certified copy of the ordinance for exclusion
 6    or  annexation  with  the recorder of the county in which the
 7    excluded or added territory, as the case may be, is situated.
 8    The ordinance shall be published in a  newspaper  of  general
 9    circulation  in the excluding and annexing municipalities and
10    shall contain a notice of (1) the specific number  of  voters
11    required  to  sign  a  petition  requesting  the  question of
12    disconnection and annexation to be submitted to the electors;
13    (2) the time in which such petition must be  filed;  and  (3)
14    the  date  of  the  prospective referendum. The clerks of the
15    municipalities  in  which  the  territory  is  sought  to  be
16    disconnected or annexed shall provide a petition form to  any
17    individual requesting one.
18        Whenever   any  disconnection  and  annexation  shall  be
19    effected as provided in this Section  any  taxpayer  in  such
20    area  disconnected  and  annexed  may,  within  10 days after
21    adoption of the annexing ordinance, file with  the  clerk  of
22    the  circuit court in the county wherein the disconnected and
23    annexed area is located a petition signed by  not  less  than
24    10%  or 100, whichever is lesser, of the electors of the area
25    disconnected and annexed,  requesting  the  submission  to  a
26    referendum of the following proposition: "Shall the territory
27    (here  describe  it) be disconnected from the municipality of
28    .... and annexed to the municipality of ....?"
29        The circuit court, if it finds  the  petition  to  be  in
30    conformity  with  law,  shall  order  that the proposition be
31    submitted at an election to be conducted in  accordance  with
32    the  general  election  law.  The  clerk of the circuit court
33    shall  certify  the  proposition  to  the   proper   election
34    authority  for submission. If a majority of the voters voting
 
SB745 Engrossed             -441-              LRB9101253EGfg
 1    on the proposition vote in favor thereof, such  disconnection
 2    and  annexation  shall be valid and binding. If a majority of
 3    the  vote  is  against  such  proposition  the  disconnection
 4    ordinance adopted by the disconnecting municipality  and  the
 5    annexation  ordinance  adopted  by  the annexing municipality
 6    shall be void.
 7    (Source: P.A. 83-358; revised 10-31-98.)

 8        (65 ILCS 5/8-2-9.3) (from Ch. 24, par. 8-2-9.3)
 9        Sec. 8-2-9.3. The municipal budget officer shall  compile
10    a  budget,  such  budget  to  contain  estimates  of revenues
11    available to the municipality for the fiscal year  for  which
12    the budget is drafted, together with recommended expenditures
13    for   the   municipality   and   all  of  the  municipality's
14    departments, commissions, and boards. Revenue  estimates  and
15    expenditure  recommendations  shall  be presented in a manner
16    which is in conformity with good fiscal management practices.
17    Substantial conformity to a chart of accounts, now or in  the
18    future, recommended by the National Committee on Governmental
19    Accounting,  (or) the Auditor of Public Accounts of the State
20    of Illinois, or the Division of  Local  Governmental  Affairs
21    and  Property Taxes of the Department of Revenue of the State
22    of Illinois or successor agencies shall be  deemed  proof  of
23    such conformity. The budget shall contain actual or estimated
24    revenues  and  expenditures  for  the  two  years immediately
25    preceding the fiscal year for which the budget  is  prepared.
26    So far as is possible, the fiscal data for such two preceding
27    fiscal  years  shall  be  itemized  in  a  manner which is in
28    conformity with the chart of accounts  approved  above.  Each
29    budget   shall   show  the  specific  fund  from  which  each
30    anticipated expenditure shall be made.
31    (Source: P.A. 76-1117; revised 10-31-98.)

32        (65 ILCS 5/9-2-53) (from Ch. 24, par. 9-2-53)
 
SB745 Engrossed             -442-              LRB9101253EGfg
 1        Sec. 9-2-53. Petitioner, in  addition  to  other  notices
 2    hereinbefore  provided  for,  shall publish a notice at least
 3    twice, not more than 30 nor less than 15 days in  advance  of
 4    the time at which confirmation of the specified assessment is
 5    to  be  sought,  in  one  or more newspapers published in the
 6    municipality or, if no newspaper is published  therein,  then
 7    in  one  or more newspapers with a general circulation within
 8    the  municipality.  In  municipalities  with  less  than  500
 9    population in which no newspaper  is  published,  publication
10    may  be made by posting a notice in 3 prominent places within
11    the municipality.  The notice shall be over the name  of  the
12    officer levying the assessment, and shall be substantially as
13    follows:
14                     "SPECIAL ASSESSMENT NOTICE"
15        "Notice  is  hereby  given to all persons interested that
16    the city council (or board of trustees,  or  other  corporate
17    authority,  as  the  case may be) of .... having ordered that
18    (here insert  a  brief  description  of  the  nature  of  the
19    improvement), the ordinance for the improvement being on file
20    in  the  office of the .... clerk, having applied to the ....
21    court of .... county for an assessment of the  costs  of  the
22    improvement,   according   to  benefits,  and  an  assessment
23    therefor having been made and returned  to  that  court,  the
24    final  hearing thereon will be had on (insert date), the ....
25    day of ...., 19.., or as soon thereafter as the  business  of
26    the  court  will  permit.   All  persons  desiring  may  file
27    objections  in  that  court before that day and may appear on
28    the hearing and make their defense."
29        (Here give date.)
30        .....

31        Where the assessment  is  payable  in  installments,  the
32    number of installments and the rate of interest also shall be
33    stated.
34    (Source: Laws 1961, p. 576; revised 10-20-98.)
 
SB745 Engrossed             -443-              LRB9101253EGfg
 1        (65 ILCS 5/9-2-79) (from Ch. 24, par. 9-2-79)
 2        Sec.  9-2-79.   The  collector  receiving  such a warrant
 3    shall give notice thereof within  10  days  by  publishing  a
 4    notice  once  each week for 2 successive weeks in one or more
 5    newspapers published in the municipality, or, if no newspaper
 6    is published therein, then in one or more newspapers  with  a
 7    general    circulation    within    the   municipality.    In
 8    municipalities with less than  500  population  in  which  no
 9    newspaper  is  published,  publication may instead be made by
10    posting  a  notice  in  3   prominent   places   within   the
11    municipality.   This  notice  may  be  substantially  in  the
12    following form:
13                     "SPECIAL ASSESSMENT NOTICE
14                      Special Warrant, No. ....
15    Notice:  Publication is hereby given that  the  (here  insert
16    title   of   court)  has  rendered  judgment  for  a  special
17    assessment (or special tax) upon property  benefited  by  the
18    following  improvement:  (here  describe  the  character  and
19    location  of  the  improvement in general terms) as will more
20    fully appear from the certified copy of the judgment on  file
21    in  my  office;  that  the warrant for the collection of this
22    assessment (or special tax) is in my possession.  All persons
23    interested are hereby notified to call  and  pay  the  amount
24    assessed  at  the collector's office (here insert location of
25    office) within 30 days from the date hereof.
26    Dated (insert date). this .... day of .... 19...
27                         .... (Collector)."

28        When such an assessment or special tax is  levied  to  be
29    paid  in  installments,  the  notice  shall  contain also the
30    amount of each installment, the  rate  of  interest  deferred
31    installments bear, and the date when payable.
32    (Source: Laws 1961, p. 576; revised 10-20-98.)

33        (65 ILCS 5/9-2-94) (from Ch. 24, par. 9-2-94)
 
SB745 Engrossed             -444-              LRB9101253EGfg
 1        Sec.  9-2-94.  In counties having a population of 500,000
 2    or more, the city comptroller or other officer designated and
 3    authorized by the corporate authorities of  any  municipality
 4    which  levies any special assessment has the power to collect
 5    the amounts due on tracts or lots which have  been  forfeited
 6    or  withdrawn  from  sale, and the interest and penalties due
 7    thereon, based upon an estimate of  the  cost  of  redemption
 8    computed by the county clerk and at a rate to be fixed by the
 9    corporate  authorities  as  to  the  interest  and  penalties
10    thereon, and he shall issue a receipt therefor.  However, the
11    corporate  authorities may authorize the municipal officer to
12    waive the penalties for the first year in excess of 7%.   The
13    person  receiving  this receipt shall file it with the county
14    clerk.
15        Upon the presentation of such a receipt, the county clerk
16    shall issue to  the  person  a  certificate  of  cancellation
17    setting  forth  a  description  of  the property, the special
18    assessment warrant, and installment, and the amount  received
19    by   the   municipal   officer,   and   this  certificate  of
20    cancellation shall be  evidence  of  the  redemption  of  the
21    property therein described. The form of such a certificate of
22    redemption   for  filing  with  the  county  clerk  shall  be
23    substantially as follows: Receipt of Deposit for Redemption.
24    Volume ....   Page ....
25    State of Illinois                    Office of (give title of
26    County of Cook                              municipal office)
27        I, (here give name, title of municipal officer),  of  the
28    (give name of city, village, or incorporated town), do hereby
29    certify  that  on  (insert  date), the .... day of .... 19..,
30    .... deposited in this office .... Dollars for the redemption
31    of .... (describe property)  ....  which  ....  withdrawn  or
32    forfeited  by  the  collector of this county on (insert date)
33    the ....  day  of  ....  19..  for  the  nonpayment  of  ....
34    installment of special assessment warrant.
 
SB745 Engrossed             -445-              LRB9101253EGfg
 1        You  are hereby authorized and ordered to cancel from the
 2    records  and  files  in  your  office  that   withdrawal   or
 3    forfeiture,  and  issue  your  certificate  of redemption and
 4    cancellation.
 5    (insert date). .... day of .... 19..
 6    (insert name of city, village, or incorporated town).
 7                      By .... (proper officer).
 8    (Source: P.A. 82-1013; revised 10-20-98.)

 9        (65 ILCS 5/9-2-119) (from Ch. 24, par. 9-2-119)
10        Sec.  9-2-119.   For  the  purpose  of  anticipating  the
11    collection  of  the  second  and   succeeding   installments,
12    provided  for  in  this  Division 2, a municipality may issue
13    bonds, payable out of these installments, bearing interest at
14    a rate specified in the  ordinance  referred  to  in  Section
15    2-9-10  of  the Illinois Municipal Code and not more than the
16    rate the installments of the  assessment  against  which  the
17    bonds  are  issued  bear, payable annually and signed by such
18    officers as may be by ordinance prescribed.  Bonds  shall  be
19    issued  in  sums of $100, or some multiple thereof, and shall
20    be dated and draw interest from the date of  their  issuance.
21    Each bond shall state on its face out of which installment it
22    is  payable, and shall state, by number or other designation,
23    the  assessment  to  which  that  installment  belongs.   The
24    principal  of these bonds shall not exceed, in the aggregate,
25    the amount of the deferred installments, and shall be divided
26    into as many series as there are deferred installments.
27        However, if there is a surplus to the credit of any  such
28    installment  which  is  not  required  for the payment of any
29    vouchers or  bonds  issued  against  that  installment,  that
30    surplus   shall   be   applied  toward  the  payment  of  any
31    outstanding vouchers or bonds already issued or to be issued,
32    as  the  case  may  be,  against  any  other  installment  or
33    installments.
 
SB745 Engrossed             -446-              LRB9101253EGfg
 1        Each series shall become due at some time in the year  in
 2    which  the corresponding installment will mature, the date to
 3    conform,  as  nearly  as  may  be,  to  the  time  when  that
 4    installment will be actually collected. This  time  shall  be
 5    estimated  and  determined  by the municipal officers issuing
 6    the bonds. But it is lawful to provide in the case of any one
 7    or more of the bonds in any series, that that bond  or  bonds
 8    shall  not  become  due until some subsequent date, not later
 9    than December 31 next succeeding the  January  in  which  the
10    installment against which that series is issued will mature.
11               The bonds may be in the following form:
12    State of Illinois)
13                     ) ss
14    County of .......)
15    $............................  Series No. ...................
16                                   Bond No. .....................
17    .............................  of ...........................
18                          Improvement Bond
19        The  ....  of  ....  in  .... County, Illinois, for value
20    received, promises to pay to the bearer on (insert date)  the
21    ....  day  of  ....  A.D. ...., the sum of .... dollars, with
22    interest thereon from date hereof,  at  the  rate  of  ....%,
23    payable  annually  on  presentation  of  the  coupons  hereto
24    annexed.
25        Both  principal  and interest of this bond are payable at
26    the office of the treasurer of said .... of .....
27        This bond is issued to anticipate  the  collection  of  a
28    part  of  the .... installment of special assessment No. ....
29    levied for  the  purpose  of  ....  which  installment  bears
30    interest  from  (insert  date), the .... day of .... 19.. and
31    this bond and the interest thereon are payable solely out  of
32    the installment when collected.
33        Dated (insert date). this .... day of ...., 19...

34        The  bond  may  have  coupons  attached  to represent the
 
SB745 Engrossed             -447-              LRB9101253EGfg
 1    interest to accrue thereon.
 2        In lieu  of  the  bonds  described  in  this  Section,  a
 3    municipality may issue bonds of the type described in Section
 4    9-2-127,   but   all  bonds  issued  under  any  one  special
 5    assessment proceeding must be of the same type.
 6        This amendatory Act of 1971  is  not  a  limit  upon  any
 7    municipality which is a home rule unit.
 8    (Source: P.A. 82-642; revised 10-20-98.)

 9        (65 ILCS 5/9-3-33) (from Ch. 24, par. 9-3-33)
10        Sec. 9-3-33. If upon final settlement with the contractor
11    for  the construction of any improvement and after paying all
12    costs of levying, collecting and making the assessment, which
13    amount shall not under any circumstances exceed  12%  of  the
14    estimated  contract price, and all bonds and interest thereon
15    issued, as in this Division 3 provided,  except  those  bonds
16    and  interest  coupons  not  presented  for payment, although
17    called and for which funds are available and reserved, within
18    the period of time specified in Section 9-1-5, there shall be
19    any surpluses remaining in the special assessment  fund,  the
20    corporate  authorities  of  such  municipality  shall at once
21    cause a rebate to be declared upon each lot, tract or  parcel
22    of  real  estate  assessed of its pro rata proportion of such
23    surplus. Such rebate shall be paid to the owner of record  of
24    each  such  lot,  block,  tract  or parcel at the time of the
25    declaration of the rebate. Should  any  additional  funds  be
26    collected   after   the  original  rebate  is  declared,  the
27    municipality shall not be required to declare a  supplemental
28    rebate  for  5  years  from  the  date the original rebate is
29    declared. The municipality  may  deduct  for  its  costs  and
30    expenses for declaring and making any rebate not more than 5%
31    of  the  amount  declared  to be rebated. All surpluses shall
32    remain in  the  special  assessment  fund  until  after  full
33    payment  of  all bonds and vouchers issued in anticipation of
 
SB745 Engrossed             -448-              LRB9101253EGfg
 1    the collection of the  assessment,  and  there  shall  be  no
 2    rebate  until  all  such bonds and vouchers have been paid in
 3    full, both as to principal  principle  and  interest,  except
 4    those  bonds  and interest coupons not presented for payment,
 5    although  called  and  for  which  funds  are  available  and
 6    reserved, within the period  of  time  specified  in  Section
 7    9-1-5.  The  corporate authorities shall cause to be kept and
 8    exhibited publicly  in  the  office  of  the  clerk  of  such
 9    municipality,  an index of all special assessment accounts or
10    warrants upon which a rebate is  due  and  payable  and  upon
11    proper  proofs  the  same  shall  be  repaid  to  the persons
12    entitled thereto.
13    (Source: Laws 1963, p. 2431; revised 10-31-98.)

14        (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
15        Sec.   11-31-1.  Demolition,   repair,   enclosure,    or
16    remediation.
17        (a)  The  corporate  authorities of each municipality may
18    demolish, repair, or enclose or cause the demolition, repair,
19    or enclosure of dangerous and unsafe buildings or uncompleted
20    and  abandoned  buildings  within  the   territory   of   the
21    municipality  and may remove or cause the removal of garbage,
22    debris, and other hazardous, noxious, or unhealthy substances
23    or materials from those  buildings.   In  any  county  having
24    adopted by referendum or otherwise a county health department
25    as  provided  by  Division  5-25  of the Counties Code or its
26    predecessor, the county board of  that  county  may  exercise
27    those powers with regard to dangerous and unsafe buildings or
28    uncompleted  and  abandoned buildings within the territory of
29    any city, village, or  incorporated  town  having  less  than
30    50,000 population.
31        The  corporate  authorities  shall  apply  to the circuit
32    court of the county in which the building is located (i)  for
33    an  order  authorizing  action  to be taken with respect to a
 
SB745 Engrossed             -449-              LRB9101253EGfg
 1    building if the owner or owners of  the  building,  including
 2    the  lien  holders of record, after at least 15 days' written
 3    notice by mail so to do, have failed to put the building in a
 4    safe condition or  to  demolish  it  or  (ii)  for  an  order
 5    requiring  the owner or owners of record to demolish, repair,
 6    or enclose the building or to  remove  garbage,  debris,  and
 7    other   hazardous,   noxious,   or  unhealthy  substances  or
 8    materials from the building.  It is  not  a  defense  to  the
 9    cause  of action that the building is boarded up or otherwise
10    enclosed, although the court may order the defendant to  have
11    the  building  boarded  up or otherwise enclosed. Where, upon
12    diligent search, the identity or whereabouts of the owner  or
13    owners of the building, including the lien holders of record,
14    is  not ascertainable, notice mailed to the person or persons
15    in whose name the real estate was last assessed is sufficient
16    notice under this Section.
17        The hearing upon the application  to  the  circuit  court
18    shall be expedited by the court and shall be given precedence
19    over all other suits.  Any person entitled to bring an action
20    under  subsection (b) shall have the right to intervene in an
21    action brought under this Section.
22        The cost of the demolition, repair, enclosure, or removal
23    incurred by the municipality, by an intervenor, or by a  lien
24    holder of record, including court costs, attorney's fees, and
25    other  costs  related  to the enforcement of this Section, is
26    recoverable from the owner or owners of the  real  estate  or
27    the  previous  owner  or both if the property was transferred
28    during the 15 day notice period and is a  lien  on  the  real
29    estate;  the lien is superior to all prior existing liens and
30    encumbrances, except taxes, if, within  180  days  after  the
31    repair,  demolition, enclosure, or removal, the municipality,
32    the lien holder of record, or the intervenor who incurred the
33    cost and expense shall file a notice of lien for the cost and
34    expense incurred in the office of the recorder in the  county
 
SB745 Engrossed             -450-              LRB9101253EGfg
 1    in  which  the real estate is located or in the office of the
 2    registrar of titles of the county if the real estate affected
 3    is registered under the Registered Titles (Torrens) Act.
 4        The notice must consist of a sworn statement setting  out
 5    (1)  a  description  of  the  real  estate sufficient for its
 6    identification, (2) the amount of money representing the cost
 7    and expense incurred, and (3) the date or dates when the cost
 8    and expense was incurred by the municipality, the lien holder
 9    of record, or the intervenor. Upon payment of  the  cost  and
10    expense by the owner of or persons interested in the property
11    after  the  notice  of lien has been filed, the lien shall be
12    released by the municipality, the person in  whose  name  the
13    lien  has  been  filed,  or the assignee of the lien, and the
14    release may be filed of record  as  in  the  case  of  filing
15    notice  of lien. Unless the lien is enforced under subsection
16    (c), the lien may be enforced by foreclosure  proceedings  as
17    in  the case of mortgage foreclosures under Article XV of the
18    Code of Civil Procedure or mechanics' lien  foreclosures.  An
19    action  to  foreclose  this lien may be commenced at any time
20    after the date of filing of the notice of lien.  The costs of
21    foreclosure incurred by  the  municipality,  including  court
22    costs,  reasonable  attorney's fees, advances to preserve the
23    property, and other costs related to the enforcement of  this
24    subsection,  plus  statutory interest, are a lien on the real
25    estate and are recoverable by the municipality from the owner
26    or owners of the real estate.
27        All liens arising under  this  subsection  (a)  shall  be
28    assignable.  The  assignee  of  the  lien shall have the same
29    power to enforce the lien as the assigning party, except that
30    the lien may not be enforced under subsection (c).
31        If  the  appropriate   official   of   any   municipality
32    determines   that   any  dangerous  and  unsafe  building  or
33    uncompleted  and  abandoned  building  within  its  territory
34    fulfills the requirements for an action by  the  municipality
 
SB745 Engrossed             -451-              LRB9101253EGfg
 1    under   the   Abandoned   Housing   Rehabilitation  Act,  the
 2    municipality may petition under  that  Act  in  a  proceeding
 3    brought under this subsection.
 4        (b)  Any  owner  or  tenant  of real property within 1200
 5    feet in any direction of any  dangerous  or  unsafe  building
 6    located  within  the  territory  of  a  municipality  with  a
 7    population  of  500,000 or more may file with the appropriate
 8    municipal authority  a request that the municipality apply to
 9    the circuit court of the county  in  which  the  building  is
10    located  for  an  order permitting the demolition, removal of
11    garbage, debris, and other noxious  or  unhealthy  substances
12    and materials from, or repair or enclosure of the building in
13    the  manner prescribed in subsection (a) of this Section.  If
14    the municipality fails to  institute  an  action  in  circuit
15    court  within  90  days  after the filing of the request, the
16    owner or tenant of real property  within  1200  feet  in  any
17    direction  of the building may institute an action in circuit
18    court seeking an order compelling  the  owner  or  owners  of
19    record to demolish, remove garbage, debris, and other noxious
20    or unhealthy substances and materials from, repair or enclose
21    or to cause to be demolished, have garbage, debris, and other
22    noxious  or  unhealthy substances and materials removed from,
23    repaired, or enclosed the building in question.    A  private
24    owner  or tenant who institutes an action under the preceding
25    sentence shall not be required to pay any fee to the clerk of
26    the circuit court. The cost of repair,  removal,  demolition,
27    or  enclosure shall be borne by the owner or owners of record
28    of the building. In the event the owner or owners  of  record
29    fail  to  demolish, remove garbage, debris, and other noxious
30    or  unhealthy  substances  and  materials  from,  repair,  or
31    enclose the building within 90 days of  the  date  the  court
32    entered  its  order,  the  owner or tenant who instituted the
33    action may request that the court join the municipality as  a
34    party to the action.  The court may order the municipality to
 
SB745 Engrossed             -452-              LRB9101253EGfg
 1    demolish,  remove  materials  from,  repair,  or  enclose the
 2    building, or cause that action to be taken upon  the  request
 3    of  any owner or tenant who instituted the action or upon the
 4    municipality's request.  The municipality may file,  and  the
 5    court  may approve, a plan for rehabilitating the building in
 6    question. A  court  order  authorizing  the  municipality  to
 7    demolish,   remove  materials  from,  repair,  or  enclose  a
 8    building, or  cause  that  action  to  be  taken,  shall  not
 9    preclude  the  court  from  adjudging  the owner or owners of
10    record of the building  in  contempt  of  court  due  to  the
11    failure to comply with the order to demolish, remove garbage,
12    debris,   and  other  noxious  or  unhealthy  substances  and
13    materials from, repair, or enclose the building.
14        If a municipality or a person or persons other  than  the
15    owner or owners of record pay the cost of demolition, removal
16    of garbage, debris, and other noxious or unhealthy substances
17    and  materials,  repair,  or  enclosure  pursuant  to a court
18    order, the cost, including court costs, attorney's fees,  and
19    other costs related to the enforcement of this subsection, is
20    recoverable  from  the owner or owners of the real estate and
21    is a lien on the real estate; the lien  is  superior  to  all
22    prior  existing  liens  and  encumbrances,  except taxes, if,
23    within 180 days after the  repair,  removal,  demolition,  or
24    enclosure, the municipality or the person or persons who paid
25    the  costs of demolition, removal, repair, or enclosure shall
26    file a notice of lien of the cost and expense incurred in the
27    office of the recorder in the county in which the real estate
28    is located or in the office of the registrar of the county if
29    the real estate affected is registered under  the  Registered
30    Titles  (Torrens)  Act.  The  notice shall be in a form as is
31    provided  in  subsection  (a).   An  owner  or   tenant   who
32    institutes  an  action  in  circuit court seeking an order to
33    compel the owner or owners  of  record  to  demolish,  remove
34    materials  from,  repair,  or enclose any dangerous or unsafe
 
SB745 Engrossed             -453-              LRB9101253EGfg
 1    building, or to cause that action  to  be  taken  under  this
 2    subsection  may recover court costs and reasonable attorney's
 3    fees for instituting the action from the owner or  owners  of
 4    record  of  the  building.  Upon  payment  of  the  costs and
 5    expenses by the owner  of  or  a  person  interested  in  the
 6    property  after  the  notice of lien has been filed, the lien
 7    shall be released by the municipality or the person in  whose
 8    name  the lien has been filed or his or her assignee, and the
 9    release may be filed of record as in the  case  of  filing  a
10    notice of lien.  Unless the lien is enforced under subsection
11    (c),  the  lien may be enforced by foreclosure proceedings as
12    in the case of mortgage foreclosures under Article XV of  the
13    Code  of Civil Procedure or mechanics' lien foreclosures.  An
14    action to foreclose this lien may be commenced  at  any  time
15    after the date of filing of the notice of lien.  The costs of
16    foreclosure  incurred  by  the  municipality, including court
17    costs, reasonable attorneys' fees, advances to  preserve  the
18    property,  and other costs related to the enforcement of this
19    subsection, plus statutory interest, are a lien on  the  real
20    estate and are recoverable by the municipality from the owner
21    or owners of the real estate.
22        All  liens arising under the terms of this subsection (b)
23    shall be assignable.  The assignee of the lien shall have the
24    same power to enforce the lien as the assigning party, except
25    that the lien may not be enforced under subsection (c).
26        (c)  In any case where a municipality has obtained a lien
27    under subsection (a),  (b),  or  (f),  the  municipality  may
28    enforce  the  lien  under  this  subsection  (c)  in the same
29    proceeding in which the lien is authorized.
30        A municipality desiring to  enforce  a  lien  under  this
31    subsection   (c)   shall   petition   the   court  to  retain
32    jurisdiction   for   foreclosure   proceedings   under   this
33    subsection.  Notice of  the  petition  shall  be  served,  by
34    certified  or registered mail, on all persons who were served
 
SB745 Engrossed             -454-              LRB9101253EGfg
 1    notice under subsection (a), (b), or (f).   The  court  shall
 2    conduct a hearing on the petition not less than 15 days after
 3    the  notice  is  served.   If  the  court determines that the
 4    requirements of this subsection (c) have been  satisfied,  it
 5    shall  grant  the  petition  and retain jurisdiction over the
 6    matter until the foreclosure proceeding  is  completed.   The
 7    costs  of foreclosure incurred by the municipality, including
 8    court costs, reasonable attorneys' fees, advances to preserve
 9    the property, and other costs related to the  enforcement  of
10    this  subsection,  plus statutory interest, are a lien on the
11    real estate and are recoverable by the municipality from  the
12    owner  or owners of the real estate.  If the court denies the
13    petition, the municipality may enforce the lien in a separate
14    action as provided in subsection (a), (b), or (f).
15        All persons designated in Section 15-1501 of the Code  of
16    Civil   Procedure   as   necessary   parties  in  a  mortgage
17    foreclosure action shall be joined as parties before issuance
18    of an order of foreclosure.  Persons  designated  in  Section
19    15-1501 of the Code of Civil Procedure as permissible parties
20    may also be joined as parties in the action.
21        The  provisions  of  Article  XV  of  the  Code  of Civil
22    Procedure applicable to mortgage foreclosures shall apply  to
23    the  foreclosure  of a lien under this subsection (c), except
24    to the extent that those  provisions  are  inconsistent  with
25    this  subsection.    For  purposes  of  foreclosures of liens
26    under  this  subsection,  however,  the   redemption   period
27    described in subsection (b) of Section 15-1603 of the Code of
28    Civil  Procedure shall end 60 days after the date of entry of
29    the order of foreclosure.
30        (d)  In addition to any other remedy provided by law, the
31    corporate authorities of any municipality  may  petition  the
32    circuit  court to have property declared abandoned under this
33    subsection (d) if:
34             (1)  the property has been tax delinquent for  2  or
 
SB745 Engrossed             -455-              LRB9101253EGfg
 1        more  years  or  bills for water service for the property
 2        have been outstanding for 2 or more years;
 3             (2)  the property is unoccupied by  persons  legally
 4        in possession; and
 5             (3)  the  property  contains  a  dangerous or unsafe
 6        building.
 7        All persons having an interest of record in the property,
 8    including  tax  purchasers  and  beneficial  owners  of   any
 9    Illinois  land  trust  having title to the property, shall be
10    named as defendants in the petition and shall be served  with
11    process.   In  addition,  service  shall be had under Section
12    2-206 of the Code  of  Civil  Procedure  as  in  other  cases
13    affecting property.
14        The   municipality,   however,  may  proceed  under  this
15    subsection in a proceeding brought under  subsection  (a)  or
16    (b).   Notice of the petition shall be served by certified or
17    registered mail on all persons who were served  notice  under
18    subsection (a) or (b).
19        If  the municipality proves that the conditions described
20    in this subsection exist and  the  owner  of  record  of  the
21    property  does  not enter an appearance in the action, or, if
22    title to the property is held by an Illinois land  trust,  if
23    neither  the  owner of record nor the owner of the beneficial
24    interest of the trust enters an appearance, the  court  shall
25    declare the property abandoned.
26        If  that  determination  is made, notice shall be sent by
27    certified  or  registered  mail  to  all  persons  having  an
28    interest of record in the property, including tax  purchasers
29    and beneficial owners of any Illinois land trust having title
30    to  the  property, stating that title to the property will be
31    transferred to the municipality unless, within 30 days of the
32    notice, the owner of  record  enters  an  appearance  in  the
33    action,  or unless any other person having an interest in the
34    property files with the  court  a  request  to  demolish  the
 
SB745 Engrossed             -456-              LRB9101253EGfg
 1    dangerous  or  unsafe building or to put the building in safe
 2    condition.
 3        If the owner of record enters an appearance in the action
 4    within the 30 day period, the court shall  vacate  its  order
 5    declaring   the   property  abandoned.   In  that  case,  the
 6    municipality may amend its complaint  in  order  to  initiate
 7    proceedings under subsection (a).
 8        If  a request to demolish or repair the building is filed
 9    within the 30 day period, the court shall grant permission to
10    the requesting party to demolish the building within 30  days
11    or  to  restore the building to safe condition within 60 days
12    after the request is granted.  An extension  of  that  period
13    for up to 60 additional days may be given for good cause.  If
14    more than one person with an interest in the property files a
15    timely  request, preference shall be given to the person with
16    the lien or other interest of the highest priority.
17        If the requesting party proves  to  the  court  that  the
18    building  has  been  demolished  or  put  in a safe condition
19    within the period of time granted by  the  court,  the  court
20    shall issue a quitclaim judicial deed for the property to the
21    requesting party, conveying only the interest of the owner of
22    record,  upon  proof  of  payment  to the municipality of all
23    costs incurred by the municipality  in  connection  with  the
24    action,  including but not limited to court costs, attorney's
25    fees, administrative costs, the  costs,  if  any,  associated
26    with   building   enclosure   or   removal,   and  receiver's
27    certificates.  The interest in the property so conveyed shall
28    be subject to all liens and encumbrances on the property.  In
29    addition, if the interest is conveyed to a person  holding  a
30    certificate  of  purchase for the property under the Property
31    Tax Code, the conveyance shall be subject to  the  rights  of
32    redemption  of all persons entitled to redeem under that Act,
33    including the original owner of record.
34        If no person with an interest in  the  property  files  a
 
SB745 Engrossed             -457-              LRB9101253EGfg
 1    timely  request  or if the requesting party fails to demolish
 2    the building or put the building in safe condition within the
 3    time specified by the court, the  municipality  may  petition
 4    the  court  to  issue a judicial deed for the property to the
 5    municipality.  A conveyance by judicial deed shall operate to
 6    extinguish all existing ownership interests in, liens on, and
 7    other interest in the property, including tax liens.
 8        (e)  Each municipality may use  the  provisions  of  this
 9    subsection  to expedite the removal of certain buildings that
10    are a continuing hazard to the community in  which  they  are
11    located.
12        If  a  residential or commercial building is 3 stories or
13    less in height as  defined  by  the  municipality's  building
14    code,  and  the corporate official designated to be in charge
15    of enforcing the municipality's building code determines that
16    the  building  is  open  and  vacant  and  an  immediate  and
17    continuing hazard to the community in which the  building  is
18    located,  then  the  official  shall  be authorized to post a
19    notice not less than 2 feet by 2 feet in size on the front of
20    the building.  The notice shall be dated as of  the  date  of
21    the  posting  and  shall  state  that  unless the building is
22    demolished, repaired, or enclosed, and  unless  any  garbage,
23    debris, and other hazardous, noxious, or unhealthy substances
24    or  materials are removed so that an immediate and continuing
25    hazard to the community no longer exists, then  the  building
26    may  be  demolished,  repaired,  or enclosed, or any garbage,
27    debris, and other hazardous, noxious, or unhealthy substances
28    or materials may be removed, by the municipality.
29        Not later than 30  days  following  the  posting  of  the
30    notice, the municipality shall do both of the following:
31             (1)  Cause  to  be  sent,  by certified mail, return
32        receipt requested, a notice to all owners  of  record  of
33        the  property, the beneficial owners of any Illinois land
34        trust having title to the property, and  all  lienholders
 
SB745 Engrossed             -458-              LRB9101253EGfg
 1        of  record  in  the  property,  stating the intent of the
 2        municipality to demolish, repair, or enclose the building
 3        or  remove  any  garbage,  debris,  or  other  hazardous,
 4        noxious, or unhealthy substances  or  materials  if  that
 5        action is not taken by the owner or owners.
 6             (2)  Cause to be published, in a newspaper published
 7        or  circulated  in the municipality where the building is
 8        located, a notice setting forth  (i)  the  permanent  tax
 9        index  number  and  the  address  of the building, (ii) a
10        statement that  the  property  is  open  and  vacant  and
11        constitutes  an  immediate  and  continuing hazard to the
12        community, and (iii) a statement  that  the  municipality
13        intends  to  demolish, repair, or enclose the building or
14        remove any garbage, debris, or other hazardous,  noxious,
15        or  unhealthy  substances  or  materials  if the owner or
16        owners or lienholders of record  fail  to  do  so.   This
17        notice shall be published for 3 consecutive days.
18        A  person  objecting  to  the  proposed  actions  of  the
19    corporate  authorities  may  file  his or her objection in an
20    appropriate form in a court of competent jurisdiction.
21        If the building is not demolished, repaired, or enclosed,
22    or the garbage,  debris,  or  other  hazardous,  noxious,  or
23    unhealthy  substances or materials are not removed, within 30
24    days of mailing the notice  to  the  owners  of  record,  the
25    beneficial  owners of any Illinois land trust having title to
26    the property, and all lienholders of record in the  property,
27    or  within  30  days  of  the  last day of publication of the
28    notice, whichever is later, the corporate  authorities  shall
29    have  the  power to demolish, repair, or enclose the building
30    or  to  remove  any  garbage,  debris,  or  other  hazardous,
31    noxious, or unhealthy substances or materials.
32        The municipality may  proceed  to  demolish,  repair,  or
33    enclose  a  building  or remove any garbage, debris, or other
34    hazardous, noxious,  or  unhealthy  substances  or  materials
 
SB745 Engrossed             -459-              LRB9101253EGfg
 1    under  this  subsection within a 120-day period following the
 2    date of the mailing of the notice if the appropriate official
 3    determines that the demolition, repair, enclosure, or removal
 4    of any garbage,  debris,  or  other  hazardous,  noxious,  or
 5    unhealthy  substances or materials is necessary to remedy the
 6    immediate and continuing hazard.   If,  however,  before  the
 7    municipality  proceeds  with any of the actions authorized by
 8    this subsection, any person has sought a hearing  under  this
 9    subsection  before  a  court  and  has  served  a copy of the
10    complaint on the chief executive officer of the municipality,
11    then the municipality shall not proceed with the  demolition,
12    repair,  enclosure,  or  removal of garbage, debris, or other
13    substances until the court determines  that  that  action  is
14    necessary   to   remedy   the  hazard  and  issues  an  order
15    authorizing the municipality to do so.
16        Following the  demolition,  repair,  or  enclosure  of  a
17    building,  or  the  removal  of  garbage,  debris,  or  other
18    hazardous,  noxious,  or  unhealthy  substances  or materials
19    under this subsection, the municipality may file a notice  of
20    lien  against the real estate for the cost of the demolition,
21    repair, enclosure, or  removal  within  180  days  after  the
22    repair,  demolition,  enclosure, or removal occurred, for the
23    cost and expense incurred, in the office of the  recorder  in
24    the  county  in  which  the  real estate is located or in the
25    office of the registrar of titles of the county if  the  real
26    estate  affected  is  registered  under the Registered Titles
27    (Torrens) Act.  The notice of lien shall consist of  a  sworn
28    statement setting forth (i) a description of the real estate,
29    such  as  the  address  or other description of the property,
30    sufficient for its identification; (ii) the expenses incurred
31    by the  municipality  in  undertaking  the  remedial  actions
32    authorized under this subsection; (iii) the date or dates the
33    expenses  were incurred by the municipality; (iv) a statement
34    by the  corporate  official  responsible  for  enforcing  the
 
SB745 Engrossed             -460-              LRB9101253EGfg
 1    building  code  that  the  building  was  open and vacant and
 2    constituted  an  immediate  and  continuing  hazard  to   the
 3    community; (v) a statement by the corporate official that the
 4    required  sign  was  posted  on the building, that notice was
 5    sent by certified mail to the  owners  of  record,  and  that
 6    notice  was published in accordance with this subsection; and
 7    (vi) a  statement  as  to  when  and  where  the  notice  was
 8    published.   The  lien  authorized  by  this  subsection  may
 9    thereafter  be  released  or  enforced by the municipality as
10    provided in subsection (a).
11        (f)  The corporate authorities of each  municipality  may
12    remove  or cause the removal of, or otherwise environmentally
13    remediate hazardous substances on, in, or under any abandoned
14    and unsafe property within the territory of  a  municipality.
15    In   addition,   where  preliminary  evidence  indicates  the
16    presence or likely presence of a  hazardous  substance  or  a
17    release  or  a substantial threat of a release of a hazardous
18    substance on,  in,  or  under  the  property,  the  corporate
19    authorities  of the municipality may inspect the property and
20    test for the presence or release of hazardous substances.  In
21    any county having adopted by referendum or otherwise a county
22    health  department  as  provided  by  Division  5-25  of  the
23    Counties Code or its predecessor, the county  board  of  that
24    county may exercise the above-described powers with regard to
25    property  within  the  territory  of  any  city,  village, or
26    incorporated town having less than 50,000 population.
27        For purposes of this subsection (f):
28             (1)  "property" or  "real  estate"  means  all  real
29        property, whether or not improved by a structure;
30             (2)  "abandoned" means;
31                  (A)  the property has been tax delinquent for 2
32             or more years;
33                  (B)  the  property  is  unoccupied  by  persons
34             legally in possession; and
 
SB745 Engrossed             -461-              LRB9101253EGfg
 1             (3)  "unsafe" means property that presents an actual
 2        or  imminent threat to public health and safety caused by
 3        the release of hazardous substances; and
 4             (4)  "hazardous substances" means  the  same  as  in
 5        Section 3.14 of the Environmental Protection Act.
 6        The  corporate  authorities  shall  apply  to the circuit
 7    court of the county in which the property is located (i)  for
 8    an  order allowing the municipality to enter the property and
 9    inspect and test substances on, in, or under the property; or
10    (ii) for an order authorizing the  corporate  authorities  to
11    take  action  with  respect to remediation of the property if
12    conditions on the  property,  based  on  the  inspection  and
13    testing authorized in paragraph (i), indicate the presence of
14    hazardous  substances.   Remediation shall be deemed complete
15    for purposes  of  paragraph  (ii)  above  when  the  property
16    satisfies  Tier  I, II, or III remediation objectives for the
17    property's  most  recent  usage,  as   established   by   the
18    Environmental  Protection  Act, and the rules and regulations
19    promulgated thereunder.  Where,  upon  diligent  search,  the
20    identity  or  whereabouts  of  the  owner  or  owners  of the
21    property, including  the  lien  holders  of  record,  is  not
22    ascertainable,  notice  mailed  to  the  person or persons in
23    whose name the real estate was last  assessed  is  sufficient
24    notice under this Section.
25        The  court shall grant an order authorizing testing under
26    paragraph (i) above upon a showing  of  preliminary  evidence
27    indicating  the  presence  or  likely presence of a hazardous
28    substance or a release  of  or  a  substantial  threat  of  a
29    release  of  a hazardous substance on, in, or under abandoned
30    property.  The preliminary evidence may include, but  is  not
31    limited to, evidence of prior use, visual site inspection, or
32    records  of  prior environmental investigations.  The testing
33    authorized by paragraph (i) above shall include any  type  of
34    investigation   which   is  necessary  for  an  environmental
 
SB745 Engrossed             -462-              LRB9101253EGfg
 1    professional to determine the environmental condition of  the
 2    property,  including  but  not limited to performance of soil
 3    borings and groundwater monitoring.  The court shall grant  a
 4    remediation order under paragraph (ii) above where testing of
 5    the  property  indicates that it fails to meet the applicable
 6    remediation objectives.  The hearing upon the application  to
 7    the  circuit  court shall be expedited by the court and shall
 8    be given precedence over all other suits.
 9        The cost  of  the  inspection,  testing,  or  remediation
10    incurred  by  the municipality or by a lien holder of record,
11    including court  costs,  attorney's  fees,  and  other  costs
12    related  to the enforcement of this Section, is a lien on the
13    real  estate;  except  that  in   any   instances   where   a
14    municipality incurs costs of inspection and testing but finds
15    no  hazardous  substances  on  the  property  that present an
16    actual or imminent threat to public health and  safety,  such
17    costs  are not recoverable from the owners nor are such costs
18    a lien on the real estate.  The lien is superior to all prior
19    existing liens and encumbrances, except taxes  and  any  lien
20    obtained  under  subsection  (a)  or (e), if, within 180 days
21    after  the  completion  of  the   inspection,   testing,   or
22    remediation,  the  municipality  or the lien holder of record
23    who incurred the cost and expense shall file a notice of lien
24    for the cost and  expense  incurred  in  the  office  of  the
25    recorder in the county in which the real estate is located or
26    in the office of the registrar of titles of the county if the
27    real  estate  affected  is  registered  under  the Registered
28    Titles (Torrens) Act.
29        The notice must consist of a sworn statement setting  out
30    (i)  a  description  of  the  real  estate sufficient for its
31    identification, (ii) the amount  of  money  representing  the
32    cost  and  expense incurred, and (iii) the date or dates when
33    the cost and expense was incurred by the municipality or  the
34    lien  holder  of  record.  Upon payment of the lien amount by
 
SB745 Engrossed             -463-              LRB9101253EGfg
 1    the owner of or persons interested in the property after  the
 2    notice  of  lien  has  been filed, a release of lien shall be
 3    issued by the municipality, the person in whose name the lien
 4    has been filed, or the assignee of the lien, and the  release
 5    may  be  filed  of  record as in the case of filing notice of
 6    lien.
 7        The lien may be  enforced  under  subsection  (c)  or  by
 8    foreclosure   proceedings   as   in   the  case  of  mortgage
 9    foreclosures under Article XV of the Code of Civil  Procedure
10    or mechanics' lien foreclosures; provided that where the lien
11    is  enforced  by  foreclosure  under  subsection (c) or under
12    either statute, the municipality may not proceed against  the
13    other  assets  of  the owner or owners of the real estate for
14    any costs that otherwise  would  be  recoverable  under  this
15    Section  but that remain unsatisfied after foreclosure except
16    where such additional  recovery  is  authorized  by  separate
17    environmental  laws.  An action to foreclose this lien may be
18    commenced at any time after the date of filing of the  notice
19    of   lien.     The  costs  of  foreclosure  incurred  by  the
20    municipality, including court  costs,  reasonable  attorney's
21    fees,  advances  to  preserve  the  property, and other costs
22    related to the enforcement of this subsection, plus statutory
23    interest, are a lien on the real estate.
24        All liens arising under  this  subsection  (f)  shall  be
25    assignable.   The  assignee  of  the lien shall have the same
26    power to enforce the lien as the assigning party, except that
27    the lien may not be enforced under subsection (c).
28    (Source: P.A.  89-235,  eff.  8-4-95;  89-303,  eff.  1-1-96;
29    90-393, eff. 1-1-98; 90-597, eff. 6-25-98; revised 9-16-98.)

30        (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
31        Sec. 11-74.4-5. (a) Prior to the adoption of an ordinance
32    proposing the designation of a redevelopment project area, or
33    approving a redevelopment plan or redevelopment project,  the
 
SB745 Engrossed             -464-              LRB9101253EGfg
 1    municipality  by  its  corporate  authorities,  or  as it may
 2    determine by any commission designated under  subsection  (k)
 3    of  Section  11-74.4-4 shall adopt an ordinance or resolution
 4    fixing a time and place for public hearing.    Prior  to  the
 5    adoption of the ordinance or resolution establishing the time
 6    and place for the public hearing, the municipality shall make
 7    available  for  public  inspection  a redevelopment plan or a
 8    separate report that provides in reasonable detail the  basis
 9    for  the  redevelopment project area qualifying as a blighted
10    area, conservation area, or an industrial  park  conservation
11    area.   The report along with the name of a person to contact
12    for further information shall be  sent  within  a  reasonable
13    time  after  the  adoption of such ordinance or resolution to
14    the affected taxing districts  by  certified  mail.   At  the
15    public  hearing  any  interested  person  or  affected taxing
16    district may file with the municipal clerk written objections
17    to and may be heard orally in respect to any issues  embodied
18    in the notice.  The municipality shall hear and determine all
19    protests and objections at the hearing and the hearing may be
20    adjourned to another date without further notice other than a
21    motion  to  be  entered  upon the minutes fixing the time and
22    place of the subsequent hearing.  Prior to the adoption of an
23    ordinance approving a  redevelopment  plan  or  redevelopment
24    project, or designating a redevelopment project area, changes
25    may  be  made  in  the  redevelopment plan or project or area
26    which changes do not alter the exterior boundaries, or do not
27    substantially affect the general land uses established in the
28    plan or substantially change the nature of the  redevelopment
29    project,  without  further  hearing  or notice, provided that
30    notice of such changes is given  by  mail  to  each  affected
31    taxing   district  and  by  publication  in  a  newspaper  or
32    newspapers of general circulation within the taxing districts
33    not less than 10  days prior to the adoption of  the  changes
34    by  ordinance. After the adoption of an ordinance approving a
 
SB745 Engrossed             -465-              LRB9101253EGfg
 1    redevelopment plan or project or designating a  redevelopment
 2    project  area,  no  ordinance  shall  be adopted altering the
 3    exterior  boundaries,  affecting  the   general   land   uses
 4    established  pursuant  to  the plan or changing the nature of
 5    the  redevelopment  project  without   complying   with   the
 6    procedures  provided  in  this  division  pertaining  to  the
 7    initial   approval   of  a  redevelopment  plan  project  and
 8    designation of  redevelopment  project  area.  Hearings  with
 9    regard  to  a redevelopment project area, project or plan may
10    be held simultaneously.
11        (b)  After the effective date of this amendatory  Act  of
12    1989,  prior  to  the  adoption of an ordinance proposing the
13    designation of a redevelopment project area or  amending  the
14    boundaries  of  an  existing  redevelopment project area, the
15    municipality shall convene a joint review board  to  consider
16    the  proposal.   The  board shall consist of a representative
17    selected by each community college district, local elementary
18    school district  and  high  school  district  or  each  local
19    community   unit  school  district,  park  district,  library
20    district and county that has authority to directly levy taxes
21    on the property within  the  proposed  redevelopment  project
22    area,  a  representative  selected  by the municipality and a
23    public member.  The public member and the board's chairperson
24    shall be selected by  a  majority  of  other  board  members.
25    Municipalities  that  have  designated  redevelopment project
26    areas prior to the effective date of this amendatory  Act  of
27    1989  may  convene a joint review board to perform the duties
28    specified under paragraph (e) of this Section.
29        All board members shall be appointed and the first  board
30    meeting  held  within  14  days  following  the notice by the
31    municipality to all  the  taxing  districts  as  required  by
32    Section  11-74.4-6(c)  11-74.4-6c.   Such  notice  shall also
33    advise the taxing bodies  represented  on  the  joint  review
34    board  of  the  time  and  place  of the first meeting of the
 
SB745 Engrossed             -466-              LRB9101253EGfg
 1    board.  Additional meetings of the board shall be  held  upon
 2    the call of any member.  The municipality seeking designation
 3    of  the redevelopment project area may provide administrative
 4    support to the board.
 5        The  board  shall  review  the  public  record,  planning
 6    documents and proposed ordinances approving the redevelopment
 7    plan and project to be adopted by the municipality.  As  part
 8    of  its deliberations, the board may hold additional hearings
 9    on  the  proposal.  A  board's  recommendation  shall  be  an
10    advisory,  non-binding  recommendation  which  recommendation
11    shall be  adopted  by  a  majority  vote  of  the  board  and
12    submitted  to the municipality within 30 days after convening
13    of the board. Failure of the board to submit its report on  a
14    timely  basis  shall not be cause to delay the public hearing
15    or any other step in the process of establishing or  amending
16    the redevelopment project area.
17        The  board shall base its decision to approve or deny the
18    proposal on the basis of the area satisfying the  eligibility
19    criteria defined in Section 11-74.4-3.
20        The board shall issue a written report describing why the
21    redevelopment plan and project area fails to meet one or more
22    of  the  criteria.  In  the  event  the Board does not file a
23    report it shall be presumed that these taxing bodies find the
24    redevelopment  project  area  to  satisfy   the   eligibility
25    criteria.
26        (c)  After  the  adoption  of  an  ordinance  approving a
27    redevelopment plan or project or designating a  redevelopment
28    project  area,  no  ordinance  shall  be adopted altering the
29    exterior  boundaries,  affecting  the   general   land   uses
30    established  pursuant  to  the plan or changing the nature of
31    the  redevelopment  project  without   complying   with   the
32    procedures  provided  in  this  division  pertaining  to  the
33    initial   approval   of  a  redevelopment  plan  project  and
34    designation of a redevelopment project area.
 
SB745 Engrossed             -467-              LRB9101253EGfg
 1        (d)  After the effective date of this amendatory  Act  of
 2    1994  and  adoption of an ordinance approving a redevelopment
 3    plan or project, a municipality with  a  population  of  less
 4    than  1,000,000  shall within 90 days after the close of each
 5    municipal fiscal year notify all taxing districts represented
 6    on the joint review board in which the redevelopment  project
 7    area  is located that any or all of the following information
 8    will be made available no later than 180 days after the close
 9    of each municipal fiscal  year  upon  receipt  of  a  written
10    request  of  a  majority  of  such  taxing districts for such
11    information:
12             (1)  Any amendments to the redevelopment  plan,  the
13        redevelopment  project  area,  or  the  State  Sales  Tax
14        Boundary.
15             (2)  Audited financial statements of the special tax
16        allocation  fund  once a cumulative total of $100,000 has
17        been deposited in the fund.
18             (3)  Certification of the Chief Executive Officer of
19        the municipality that the municipality has complied  with
20        all  of the requirements of this Act during the preceding
21        fiscal year.
22             (4)  An  opinion   of   legal   counsel   that   the
23        municipality is in compliance with this Act.
24             (5)  An  analysis of the special tax allocation fund
25        which sets forth:
26                  (A)  the balance in the special tax  allocation
27             fund at the beginning of the fiscal year;
28                  (B)  all  amounts  deposited in the special tax
29             allocation fund by source;
30                  (C)  all  expenditures  from  the  special  tax
31             allocation   fund   by   category   of   permissible
32             redevelopment project cost; and
33                  (D)  the balance in the special tax  allocation
34             fund  at  the  end  of  the  fiscal year including a
 
SB745 Engrossed             -468-              LRB9101253EGfg
 1             breakdown of that balance  by  source.  Such  ending
 2             balance  shall be designated as surplus if it is not
 3             required for anticipated redevelopment project costs
 4             or to pay debt service on bonds  issued  to  finance
 5             redevelopment project costs, as set forth in Section
 6             11-74.4-7 hereof.
 7             (6)  A  description of all property purchased by the
 8        municipality  within  the  redevelopment   project   area
 9        including:
10                  (A)  Street address.
11                  (B)  Approximate   size   or   description   of
12             property.
13                  (C)  Purchase price.
14                  (D)  Seller of property.
15             (7)  A   statement   setting  forth  all  activities
16        undertaken  in  furtherance  of  the  objectives  of  the
17        redevelopment plan, including:
18                  (A)  Any project implemented in  the  preceding
19             fiscal year.
20                  (B)  A   description   of   the   redevelopment
21             activities undertaken.
22                  (C)  A  description  of  any agreements entered
23             into  by  the  municipality  with  regard   to   the
24             disposition  or redevelopment of any property within
25             the redevelopment project area or  the  area  within
26             the State Sales Tax Boundary.
27                  (D)  Additional  information  on the use of all
28             funds received under this Division and  steps  taken
29             by the municipality to achieve the objectives of the
30             redevelopment plan.
31             (8)  With  regard  to  any obligations issued by the
32        municipality:
33                  (A)  copies of any official statements; and
34                  (B)  an analysis prepared by financial  advisor
 
SB745 Engrossed             -469-              LRB9101253EGfg
 1             or underwriter setting forth: (i) nature and term of
 2             obligation;   and   (ii)   projected   debt  service
 3             including required reserves and debt coverage.
 4             (9)  For special  tax  allocation  funds  that  have
 5        experienced   cumulative   deposits  of  incremental  tax
 6        revenues of $100,000 or more, a  certified  audit  report
 7        reviewing  compliance  with  this  Act  performed  by  an
 8        independent  public  accountant certified and licensed by
 9        the authority of the State of  Illinois.   The  financial
10        portion of the audit must be conducted in accordance with
11        Standards   for  Audits  of  Governmental  Organizations,
12        Programs,  Activities,  and  Functions  adopted  by   the
13        Comptroller  General  of  the  United  States  (1981), as
14        amended.  The audit report shall contain  a  letter  from
15        the  independent  certified  public accountant indicating
16        compliance or  noncompliance  with  the  requirements  of
17        subsection (q) of Section 11-74.4-3.
18        (d-1)  Municipalities  with populations of over 1,000,000
19    shall, after adoption of a  redevelopment  plan  or  project,
20    make  available  upon request to any taxing district in which
21    the redevelopment  project  area  is  located  the  following
22    information:
23             (1)  Any  amendments  to the redevelopment plan, the
24        redevelopment  project  area,  or  the  State  Sales  Tax
25        Boundary; and
26             (2)  In connection with  any  redevelopment  project
27        area   for   which   the   municipality  has  outstanding
28        obligations issued to provide for  redevelopment  project
29        costs  pursuant  to  Section 11-74.4-7, audited financial
30        statements of the special tax allocation fund.
31        (e)  One  year,  two  years  and  at  the  end  of  every
32    subsequent three year period  thereafter,  the  joint  review
33    board  shall  meet  to review the effectiveness and status of
34    the redevelopment project area up to that date.
 
SB745 Engrossed             -470-              LRB9101253EGfg
 1        (f)  If  the  redevelopment  project  area  has  been  in
 2    existence for at least 5 years and the municipality  proposes
 3    a  redevelopment  project  with a total redevelopment project
 4    cost exceeding 35%  of  the  total  amount  budgeted  in  the
 5    redevelopment   plan  for  all  redevelopment  projects,  the
 6    municipality, in addition to any other  requirements  imposed
 7    by  this  Act,  shall  convene  a meeting of the joint review
 8    board as provided in this Act for the  purpose  of  reviewing
 9    the redevelopment project.
10        (g)  In  the  event that a municipality has held a public
11    hearing under this Section  prior  to  March  14,  1994  (the
12    effective  date  of  Public  Act  88-537),  the  requirements
13    imposed by Public Act 88-537 relating to the method of fixing
14    the  time  and  place  for  public hearing, the materials and
15    information  required  to  be  made  available   for   public
16    inspection,  and  the  information  required to be sent after
17    adoption of an ordinance or  resolution  fixing  a  time  and
18    place for public hearing shall not be applicable.
19    (Source:   P.A.   88-537;   88-688,   eff.  1-24-95;  revised
20    10-31-98.)

21        (65 ILCS 5/Art. 11, Div. 74.5 heading)
22        DIVISION 74.5. 11-74.5. MUNICIPAL HOUSING FINANCE LAW

23        (65 ILCS 5/11-74.5-1) (from Ch. 24, par. 11-74.5-1)
24        Sec.  11-74.5-1.  This  Division  74.5  11-74.5  may   be
25    referred to as the "Municipal Housing Finance Law".
26    (Source: P.A. 81-580; revised 10-31-98.)

27        (65 ILCS 5/11-76.1-4) (from Ch. 24, par. 11-76.1-4)
28        Sec.  11-76.1-4.   Whenever  a  petition  signed  by  the
29    electors of any specified municipality equal in number to 10%
30    or  more  of  the  total  number  of registered voters in the
31    municipality, is filed with the municipal clerk of  any  such
 
SB745 Engrossed             -471-              LRB9101253EGfg
 1    municipality  which  has adopted an ordinance pursuant to the
 2    powers granted in Section 11-76.1-1 of this  Code,  and  such
 3    petition  has  been  filed with the clerk of the municipality
 4    within 30 days  of  the  second  publication  of  the  notice
 5    required in Section 11-76.1-3 of this Code which notice shall
 6    include  (1)  the  specific number of voters required to sign
 7    the petition; (2) the time in  which  the  petition  must  be
 8    filed;  and  (3)  the date of the prospective referendum, the
 9    corporate authorities  shall  order  the  submission  of  the
10    question to the municipal electors and designate the election
11    at  which  the  question  shall  be submitted.  The municipal
12    clerk shall certify  the  question  to  the  proper  election
13    authority.  The municipal clerk shall provide a petition form
14    to any individual requesting one.
15        The  proposition  shall be substantially in the following
16    form:
17    -------------------------------------------------------------
18    Shall the ordinance passed by
19    the city council (or board of         YES
20    trustees, etc.)  of  (name of
21    municipality) on (insert date),
22    the .... day of  .... 19..,         -------------------------
23    entitled ............., which
24    provides (stating the nature of
25    the proposed ordinance), become       NO
26    effective?
27    -------------------------------------------------------------
28        If a majority of the votes cast on the questions  are  in
29    favor  of  the  proposition,  the corporate authorities shall
30    have the authority granted to them by Section 11-76.1-1.
31        This amendatory Act  of  1975  is  not  a  limit  on  any
32    municipality which is a home rule unit.
33    (Source: P.A. 87-767; revised 10-20-98.)
 
SB745 Engrossed             -472-              LRB9101253EGfg
 1        (65 ILCS 5/11-89-2) (from Ch. 24, par. 11-89-2)
 2        Sec. 11-89-2. No ordinance of any municipality granting a
 3    terminable  permit shall become effective until a proposition
 4    to approve the ordinance has been submitted to  the  electors
 5    of  the  municipality  and has been approved by a majority of
 6    the  electors  voting  upon  the  proposition.    Every  such
 7    ordinance shall order such submission and shall designate the
 8    election at which the proposition is to  be  submitted.   The
 9    municipal  clerk  shall promptly certify such proposition for
10    submission.
11        The proposition need not include the  ordinance  in  full
12    but  shall indicate the nature of the ordinance, and shall be
13    substantially in the following form:
14    -------------------------------------------------------------
15        Shall the ordinance passed by the
16    city council (or board of trustees)
17    of (name of municipality) on (insert           YES
18    date), the .... day of ....,
19    19.., entitled ...., which
20    granted a terminable permit to (here        -----------------
21    insert the name of the grantee) to
22    construct, maintain, and operate a              NO
23    transportation system upon the terms and
24    conditions therein stated, be approved?
25    -------------------------------------------------------------
26    (Source: P.A. 81-1489; revised 10-20-98.)

27        (65 ILCS 5/11-90-4) (from Ch. 24, par. 11-90-4)
28        Sec. 11-90-4.  No ordinance of any municipality  granting
29    permission  under  Section  11-90-3 for a term longer than 20
30    years shall become operative until a proposition  to  approve
31    the  ordinance  has  been  submitted  to  the electors of the
32    municipality and has been  approved  by  a  majority  of  the
33    electors  voting  upon the proposition.  Every such ordinance
 
SB745 Engrossed             -473-              LRB9101253EGfg
 1    shall order such submission and shall designate the  election
 2    at  which  the  proposition  is to be submitted in accordance
 3    with the general election law.   The  municipal  clerk  shall
 4    promptly  certify  such  proposition  to  the proper election
 5    officials for submission.
 6        The proposition need not include the  ordinance  in  full
 7    but  which  shall  indicate  the nature of the ordinance, and
 8    shall be substantially in the following form:
 9    -------------------------------------------------------------
10        Shall the ordinance passed by the
11    city council (or board of trustees,
12    etc.) of (name of municipality) on
13    (insert date),
14    the .... day of ...., 19.., entitled         YES
15    ...., which granted permission for a
16    term of .... years to (here insert
17    the name of the grantee) to locate,      --------------------
18    construct, reconstruct, maintain,
19    operate, and lay tracks, of (here
20    insert the name of the grantee) in           NO
21    certain streets, alleys, and public
22    places upon the terms and conditions
23    therein stated, be approved?
24    -------------------------------------------------------------
25    (Source: P.A. 81-1489; revised 10-20-98.)

26        (65 ILCS 5/11-111-3) (from Ch. 24, par. 11-111-3)
27        Sec. 11-111-3.  When specified improvement districts have
28    been laid out, the cost of the improvement has been estimated
29    and ascertained by a competent engineer, and the benefits  to
30    the  lots,  blocks, or parts thereof, have been assessed, the
31    municipality may issue a series of bonds  sufficient  to  pay
32    the  special  assessments  or  special tax so ascertained for
33    each district.  When so issued and endorsed as  provided  for
 
SB745 Engrossed             -474-              LRB9101253EGfg
 1    in  this  section,  these  bonds  shall  be  a  lien upon the
 2    respective  lots,  blocks,  or  parts  thereof,   which   are
 3    designated  in the bonds.  The bonds shall bear interest at a
 4    rate not exceeding the maximum rate authorized  by  the  Bond
 5    Authorization  Act,  as  amended at the time of the making of
 6    the contract, and may run  for  any  term  not  exceeding  20
 7    years.   The style of the bonds shall be fixed and designated
 8    by ordinance.  But before any bond  is  issued  or  put  into
 9    circulation, the owner of any lot charged with such a special
10    assessment  or special tax shall endorse upon the back of the
11    bond his consent thereto, substantially as follows:
12        I hereby endorse the within bond, and  consent  that  the
13    lot  or  lots,  or  parts  thereof  therein designated, shall
14    become liable for the interest and principal  therein  named,
15    and  that  the  bond  shall  be  a  lien  upon the designated
16    property from this date until paid off and discharged.
17             ....
18             (insert date) This .... day of .... 19..
19             .... (Seal)

20        The bond, when prepared and executed by the municipality,
21    and endorsed by the owners of the property charged  with  the
22    special  assessments or special tax, shall be recorded in the
23    recorder's office of the county in which the municipality  is
24    located.  When  so  recorded the record is notice of the lien
25    thereby created, to the same extent that records of mortgages
26    are notices of the mortgage lien, and has the same force  and
27    effect.   No coupon need be recorded. A record of the face of
28    the bond and of the endorsement are sufficient.
29        With respect to instruments  for  the  payment  of  money
30    issued  under  this  Section  either before, on, or after the
31    effective date of this amendatory Act  of  1989,  it  is  and
32    always  has  been  the  intention of the General Assembly (i)
33    that  the  Omnibus  Bond  Acts  are  and  always  have   been
34    supplementary   grants  of  power  to  issue  instruments  in
 
SB745 Engrossed             -475-              LRB9101253EGfg
 1    accordance with the Omnibus  Bond  Acts,  regardless  of  any
 2    provision  of  this Act that may appear to be or to have been
 3    more restrictive than those Acts, (ii) that the provisions of
 4    this Section  are  not  a  limitation  on  the  supplementary
 5    authority  granted  by  the Omnibus Bond Acts, and (iii) that
 6    instruments   issued   under   this   Section   within    the
 7    supplementary  authority granted by the Omnibus Bond Acts are
 8    not invalid because of any provision of  this  Act  that  may
 9    appear  to  be  or  to  have been more restrictive than those
10    Acts.
11        The amendatory Acts of 1971, 1972  and  1973  are  not  a
12    limit upon any municipality which is a home rule unit.
13    (Source: P.A. 86-4; revised 10-20-98.)

14        (65 ILCS 5/11-121-7) (from Ch. 24, par. 11-121-7)
15        Sec. 11-121-7.  No ordinance of any municipality granting
16    any  lease  of,  or  consent,  permit,  or  right to use such
17    subways  for  local  transportation  purposes  shall   become
18    operative  until  a  proposition to approve the ordinance has
19    been submitted to the electors of the  municipality  and  has
20    been  approved  by a majority of the electors voting upon the
21    proposition.    Every  such  ordinance   shall   order   such
22    submission  and  shall  designate  the  election at which the
23    proposition is to be submitted.  The  municipal  clerk  shall
24    promptly   certify   such   ordinance   and  proposition  for
25    submission.
26        The proposition need not include the  ordinance  in  full
27    but  shall indicate the nature of the ordinance, and shall be
28    substantially in the following form:
29    -------------------------------------------------------------
30        Shall the ordinance passed by the
31    city council (or board of trustees)
32    of (name of municipality) on the             YES
33    (insert date), .... day of
 
SB745 Engrossed             -476-              LRB9101253EGfg
 1    .... 19.., entitled ....,
 2    which grants to (name of grantee)        --------------------
 3    a lease of (or consent, permit, or
 4    right to use, as the case may be)            NO
 5    of the municipally owned subways
 6    therein specified, for local
 7    transportation purposes, be approved?
 8    -------------------------------------------------------------
 9        However, when any  municipality  by  ordinance  grants  a
10    permit  to  construct  and  operate or maintain and operate a
11    local transportation system, including the use of municipally
12    owned  subways,  and  that  ordinance  is  submitted  to  and
13    approved on a referendum, it is not necessary to pass  or  to
14    submit  to a referendum a separate ordinance granting a lease
15    of or consent, permission, or right  for  the  use  of  those
16    subways.
17    (Source: P.A. 81-1489; revised 10-20-98.)

18        (65 ILCS 5/11-129-7) (from Ch. 24, par. 11-129-7)
19        Sec.  11-129-7. This Division 129 authorizes the issuance
20    of revenue bonds provided for in this  Division  129  without
21    submitting  the proposition for the approval of the ordinance
22    authorizing the bonds to the electors as provided in Sections
23     Section 8-4-1 and 8-4-2.
24    (Source: Laws 1961, p. 576; revised 10-31-98.)

25        Section 76.  The Municipal Federal Grant Tax and Bond Act
26    is amended by changing Sections 7 and 19 as follows:

27        (65 ILCS 55/7) (from Ch. 24, par. 808.7)
28        Sec. 7.  The  petitioner  shall,  in  addition  to  other
29    notices  hereinbefore provided for, cause notice to be given,
30    not more than 30 nor less than 15 days in advance of the time
31    at  which  confirmation  of  the  assessment  is  sought,  by
 
SB745 Engrossed             -477-              LRB9101253EGfg
 1    publishing a notice thereof at least twice  in  one  or  more
 2    newspapers published in the municipality, or, if no newspaper
 3    is  published  therein, then in one or more newspapers with a
 4    general circulation within the municipality; except that,  in
 5    municipalities  with  less  than  500  population in which no
 6    newspaper is published, publication may be made by posting  a
 7    notice  in  3  prominent places within the municipality.  The
 8    notice shall be over the name of  the  officer  levying  such
 9    assessment, and be substantially as follows:
10                    "SPECIAL ASSESSMENT NOTICE."
11        "Notice  is  hereby  given to all persons interested that
12    the city council (or board of trustees as the case may be) of
13    .... having ordered that (here insert a brief description  of
14    the  nature  of  the improvement), the ordinance for the same
15    being on file in the office of the .... clerk, having applied
16    to the circuit court of .... county for an assessment of  the
17    costs  of  the  improvement,  according  to  benefits, and an
18    assessment therefor having been  made  and  returned  to  the
19    court,  the  final  hearing  thereon  will  be had on (insert
20    date), the .... day of .... 19.., or as  soon  thereafter  as
21    the  business of the court will permit.  All persons desiring
22    may file objections in the court before  that  day,  and  may
23    appear on the hearing and make their defense.
24        Dated (insert date). 19"

25        Where  the  assessment  is  payable  in installments, the
26    number of installments and the rate of interest shall also be
27    stated.
28        If 15 days have not elapsed between the first publication
29    or the posting of such notice,  and  the  day  fixed  in  the
30    notice  for  filing  objections, the cause shall be continued
31    for 15 days, and the time for filing objections  shall  stand
32    correspondingly extended.
33    (Source: P.A. 84-550; revised 10-20-98.)
 
SB745 Engrossed             -478-              LRB9101253EGfg
 1        (65 ILCS 55/19) (from Ch. 24, par. 808.19)
 2        Sec. 19.  The collector receiving such warrant shall give
 3    notice  thereof  by  publishing  a notice at least twice, not
 4    more than 30 nor less than 15 days in advance, in one or more
 5    newspapers published in the municipality, or, if no newspaper
 6    is published therein, then in one or more newspapers  with  a
 7    general  circulation within the municipality; except that, in
 8    municipalities with less than  500  population  in  which  no
 9    newspaper  is published, publication may be made by posting a
10    notice in 3 prominent places within the  municipality.   Such
11    notice may be substantially in the following form:
12                      SPECIAL ASSESSMENT NOTICE
13                     Special Warrant, No. .....
14        Notice: Publication is hereby given that the (here insert
15    title of court) has entered judgment for a special assessment
16    (or  special  tax)  upon  property benefited by the following
17    improvement: (here describe the character and location of the
18    improvement in general terms), as appears more fully  in  the
19    certified copy of the judgment on file in my office; that the
20    warrant  for  the  collection  of such assessment (or special
21    tax) is in the possession of the  undersigned.   All  persons
22    interested  are  hereby  notified  to call and pay the amount
23    assessed at the collector's office (here insert  location  of
24    office) within 30 days from the date hereof.
25        Dated (insert date). 19...
26        .... Collector.

27        When  such assessment or special tax is levied to be paid
28    in installments,  such  notice  shall,  in  addition  to  the
29    foregoing,  contain  the amount of each installment, the rate
30    of interest deferred installments bear,  and  the  date  when
31    payable.
32    (Source: P.A. 84-550; revised 10-20-98.)

33        Section  77.   The  Airport Authorities Act is amended by
 
SB745 Engrossed             -479-              LRB9101253EGfg
 1    changing Section 2.3 as follows:

 2        (70 ILCS 5/2.3) (from Ch. 15 1/2, par. 68.2c)
 3        Sec. 2.3.   Election  -  procedure.   The  clerk  of  the
 4    circuit  court  shall certify the order for submission of the
 5    proposition, to the proper election  authorities,  who  shall
 6    submit  the  proposition  to  the  voters  at  an election in
 7    accordance with the general election law.
 8        In addition to the requirements of the  general  election
 9    law notice shall include a description of the territory.  The
10    notice  shall  further state that any such authority upon its
11    establishment shall have the  powers,  objects  and  purposes
12    provided  by  this  Act,  including the power to levy the tax
13    authorized by this Act for airport operation and  maintenance
14    and  other corporate purposes, and power to issue tax secured
15    bonds.  Each legal voter residing within the territory  shall
16    have  a  right  to  cast  a  ballot  at  such  election.  The
17    proposition shall be in substantially the following form:
18    -------------------------------------------------------------
19        Shall an "Act in relation to
20     Airport Authorities" effective
21     (insert date)
22     ........ day of ......., 19..,        YES
23     be adopted, and the ......
24     Airport Authority be established?
25     (If established, said Airport
26     Authority will have the powers,   --------------------------
27     objects and purposes, provided
28     by the Act, including the power
29     to levy the tax authorized by
30     the Act for airport operation         NO
31     and maintenance and other
32     corporate purposes and the power
33     to issue tax secured bonds.)
 
SB745 Engrossed             -480-              LRB9101253EGfg
 1    -------------------------------------------------------------
 2        The circuit court shall by written  order  determine  and
 3    declare  the  result  of  the  referendum and shall cause the
 4    result to be filed  of  record  in  the  proceedings  of  the
 5    circuit court.
 6    (Source: P.A. 83-343; revised 10-20-98.)

 7        Section 78.  The Civic Center Code is amended by changing
 8    Section 255-75 as follows:

 9        (70 ILCS 200/255-75)
10        Sec. 255-75.  Nomination of Board members.  Nomination of
11    a  candidate  for  member  of the Board at any election to be
12    held after June 1, 1970, shall be made by  a  petition  filed
13    with the county clerk, signed by at least 50 voters qualified
14    to   vote   at  the  election.   The  petition  shall  be  in
15    substantially the following form:
16    NOMINATING PETITION
17        To the County Clerk of Sangamon County:
18        We, the undersigned, being  50  or  more  of  the  voters
19    qualified  to  vote, hereby petition that .... who resides at
20    ...., (Springfield, Woodside, Capital) Township, in  Sangamon
21    County  shall  be a candidate for the office of member of the
22    Board  of  the  Springfield   Metropolitan   Exposition   and
23    Auditorium  Authority  (for  a full term) (to fill a vacancy,
24    term expiring on (insert date) 19..) to be voted  for  at  an
25    election to be held on (insert date). ...., 19...
26    NAME ...............
27    ADDRESS ............

28        The foregoing petition shall be verified by a certificate
29    which may be substantially in the following form:
30        I,  ....,  hereby  certify  that I am a voter residing in
31    (Springfield, Woodside, Capital) Township,  Sangamon  County,
32    Illinois,  and  qualified to vote at the election referred to
 
SB745 Engrossed             -481-              LRB9101253EGfg
 1    above, and that the signatures on this sheet were  signed  in
 2    my  presence  and are genuine and to the best of my knowledge
 3    and belief the persons so signing were at the time of signing
 4    voters qualified to vote at said election.
 5    s/.................
 6        SUBSCRIBED and SWORN to before me on (insert date).  this
 7    .... day of .... 19....
 8    ...................
 9    Notary Public
10    (Source: P.A. 90-328, eff. 1-1-98; revised 10-19-98.)

11        Section   79.    The  Metropolitan  Pier  and  Exposition
12    Authority Act is amended by changing Section 5 as follows:

13        (70 ILCS 210/5) (from Ch. 85, par. 1225)
14        Sec. 5. The Metropolitan Pier  and  Exposition  Authority
15    shall also have the following rights and powers:
16             (a)  To   accept   from   Chicago   Park   Fair,   a
17        corporation,  an  assignment of whatever sums of money it
18        may have received from  the  Fair  and  Exposition  Fund,
19        allocated  by  the Department of Agriculture of the State
20        of Illinois, and Chicago Park Fair is  hereby  authorized
21        to  assign,  set  over and transfer any of those funds to
22        the  Metropolitan  Pier  and  Exposition  Authority.  The
23        Authority has the right and power  hereafter  to  receive
24        sums  as  may  be  distributed to it by the Department of
25        Agriculture of the State of Illinois from  the  Fair  and
26        Exposition Fund pursuant to the provisions of Sections 5,
27        6i,  and  28 of the State Finance Act.  All sums received
28        by the Authority shall be held in the sole custody of the
29        secretary-treasurer  of   the   Metropolitan   Pier   and
30        Exposition Board.
31             (b)  To accept the assignment of, assume and execute
32        any  contracts  heretofore  entered  into by Chicago Park
 
SB745 Engrossed             -482-              LRB9101253EGfg
 1        Fair.
 2             (c)  To  acquire,  own,  construct,  equip,   lease,
 3        operate and maintain grounds, buildings and facilities to
 4        carry out its corporate purposes and duties, and to carry
 5        out  or otherwise provide for the recreational, cultural,
 6        commercial or residential development of Navy  Pier,  and
 7        to fix and collect just, reasonable and nondiscriminatory
 8        charges  for  the  use  thereof. The charges so collected
 9        shall be made available to defray the reasonable expenses
10        of the Authority and to pay  the  principal  of  and  the
11        interest  upon any revenue bonds issued by the Authority.
12        The Authority shall be subject to  and  comply  with  the
13        Lake Michigan and Chicago Lakefront Protection Ordinance,
14        the  Chicago Building Code, the Chicago Zoning Ordinance,
15        and all ordinances and regulations of the City of Chicago
16        contained in the following Titles of the  Municipal  Code
17        of   Chicago:     Businesses,  Occupations  and  Consumer
18        Protection; Health and Safety;  Fire  Prevention;  Public
19        Peace,  Morals  and  Welfare; Utilities and Environmental
20        Protection; Streets, Public  Ways,  Parks,  Airports  and
21        Harbors;  Electrical  Equipment and Installation; Housing
22        and Economic Development (only Chapter 5-4 thereof);  and
23        Revenue  and  Finance (only so far as such Title pertains
24        to the Authority's duty to collect taxes on behalf of the
25        City of Chicago).
26             (d)  To enter into contracts treating in any  manner
27        with the objects and purposes of this Act.
28             (e)  To  lease any buildings to the Adjutant General
29        of the State of Illinois for  the  use  of  the  Illinois
30        National Guard or the Illinois Naval Militia.
31             (f)  To  exercise  the  right  of  eminent domain by
32        condemnation  proceedings  in  the  manner  provided   by
33        Article  VII  of  the Code of Civil Procedure, including,
34        with respect to Site B only, the  authority  to  exercise
 
SB745 Engrossed             -483-              LRB9101253EGfg
 1        quick  take  condemnation  by  immediate vesting of title
 2        under Sections 7-103 through 7-112 of the Code  of  Civil
 3        Procedure,   to  acquire  any  privately  owned  real  or
 4        personal property and,  with  respect  to  Site  B  only,
 5        public  property  used  for  rail transportation purposes
 6        (but no such taking of such public property shall, in the
 7        reasonable judgment of the  owner,  interfere  with  such
 8        rail  transportation)  for  the  lawful  purposes  of the
 9        Authority in Site A, at Navy Pier, and at Site  B.   Just
10        compensation  for  property  taken or acquired under this
11        paragraph shall be paid in money or, notwithstanding  any
12        other provision of this Act and with the agreement of the
13        owner  of  the  property  to  be  taken  or acquired, the
14        Authority may convey substitute property or interests  in
15        property  or  enter  into  agreements  with  the property
16        owner, including leases, licenses, or  concessions,  with
17        respect  to  any  property owned by the Authority, or may
18        provide for other lawful forms of  just  compensation  to
19        the   owner.   Any   property  acquired  in  condemnation
20        proceedings shall be used only as provided in  this  Act.
21        Except  as otherwise provided by law, the City of Chicago
22        shall have a right of first refusal prior to any sale  of
23        any such property by the Authority to a third party other
24        than substitute property. The Authority shall develop and
25        implement a relocation plan for businesses displaced as a
26        result  of  the  Authority's acquisition of property. The
27        relocation  plan  shall  be  substantially   similar   to
28        provisions  of the Uniform Relocation Assistance and Real
29        Property  Acquisition  Act  and  regulations  promulgated
30        under  that  Act  relating  to  assistance  to  displaced
31        businesses.  To  implement  the   relocation   plan   the
32        Authority may acquire property by purchase or gift or may
33        exercise  the  powers  authorized in this subsection (f),
34        except the immediate  vesting  of  title  under  Sections
 
SB745 Engrossed             -484-              LRB9101253EGfg
 1        7-103  through  7-112  of the Code of Civil Procedure, to
 2        acquire substitute private property within  one  mile  of
 3        Site B for the benefit of displaced businesses located on
 4        property  being  acquired  by the Authority.  However, no
 5        such substitute property may be acquired by the Authority
 6        unless  the  mayor  of  the  municipality  in  which  the
 7        property  is  located  certifies  in  writing  that   the
 8        acquisition  is  consistent  with the municipality's land
 9        use and economic  development  policies  and  goals.  The
10        acquisition  of substitute property is declared to be for
11        public use.  In exercising the powers authorized in  this
12        subsection  (f), the Authority shall use its best efforts
13        to relocate businesses within the area of McCormick Place
14        or, failing that, within the City of Chicago.
15             (g)  To   enter   into   contracts    relating    to
16        construction  projects  which provide for the delivery by
17        the  contractor  of  a  completed   project,   structure,
18        improvement,  or  specific  portion  thereof, for a fixed
19        maximum  price,  which  contract  may  provide  that  the
20        delivery  of  the  project,  structure,  improvement,  or
21        specific portion thereof, for the fixed maximum price  is
22        insured  or  guaranteed  by  a  third  party  capable  of
23        completing the construction.
24             (h)  To  enter  into agreements with any person with
25        respect  to  the  use  and  occupancy  of  the   grounds,
26        buildings,  and  facilities  of  the Authority, including
27        concession, license, and lease agreements  on  terms  and
28        conditions  as  the Authority determines. Notwithstanding
29        Section 24,  agreements  with  respect  to  the  use  and
30        occupancy  of  the  grounds, buildings, and facilities of
31        the Authority for a term of more than one year  shall  be
32        entered  into  in accordance with the procurement process
33        provided for in Section 25.1.
34             (i)  To enter into agreements with any  person  with
 
SB745 Engrossed             -485-              LRB9101253EGfg
 1        respect  to  the operation and management of the grounds,
 2        buildings,  and  facilities  of  the  Authority  or   the
 3        provision  of  goods and services on terms and conditions
 4        as the Authority determines.
 5             (j)  After  conducting   the   procurement   process
 6        provided  for  in Section 25.1, to enter into one or more
 7        contracts to provide for the design and  construction  of
 8        all or part of the Authority's Expansion Project grounds,
 9        buildings,  and  facilities.  Any contract for design and
10        construction of the Expansion Project  shall  be  in  the
11        form  authorized  by subsection (g), shall be for a fixed
12        maximum price  not  in  excess  of  the  funds  that  are
13        authorized  to  be made available under the provisions of
14        this amendatory Act of 1991 for those purposes during the
15        term of the contract, and shall be  entered  into  before
16        commencement of construction.
17             (k)  To  enter  into  agreements,  including project
18        agreements with labor unions, that  the  Authority  deems
19        necessary  to complete the Expansion Project or any other
20        construction or improvement project in  the  most  timely
21        and  efficient  manner and without strikes, picketing, or
22        other actions that might cause disruption  or  delay  and
23        thereby add to the cost of the project.
24        (l)  Nothing  in  this  amendatory  Act  of 1991 shall be
25    construed to authorize the Authority to spend the proceeds of
26    any bonds or notes issued or  any  taxes  levied  under  this
27    amendatory Act of 1991 to construct a stadium to be leased to
28    or used by professional sports teams.
29    (Source: P.A. 87-733; 88-193; revised 10-31-98.)

30        Section 80.  The Joliet Arsenal Development Authority Act
31    is amended by changing Section 25 as follows:

32        (70 ILCS 508/25)
 
SB745 Engrossed             -486-              LRB9101253EGfg
 1        Sec. 25.  Powers.  (a) The Authority possesses all powers
 2    of  a  body  corporate necessary and convenient to accomplish
 3    the purpose of this Act,  including  without  limitation  the
 4    following:
 5             (1)  to enter into loans, contracts, agreements, and
 6        mortgages  in  any  matter  connected  with  any  of  its
 7        corporate purposes and to invest its funds;
 8             (2)  to sue and be sued;
 9             (3)  to  employ  agents  and  employees necessary to
10        carry out its purposes;
11             (4)  to have, use, and alter a common seal;
12             (5)  to adopt all needful  ordinances,  resolutions,
13        by-laws,  rules,  and  regulations for the conduct of its
14        business and affairs and for the management  and  use  of
15        the   projects   developed,  constructed,  acquired,  and
16        improved in furtherance of its purposes;
17             (6)  to designate the fiscal year for the Authority;
18             (7)  to accept and expend appropriations;
19             (8)  to have and exercise all powers and be  subject
20        to  all duties usually incident to boards of directors of
21        corporations;
22             (9)  to acquire,  own,  lease,  sell,  or  otherwise
23        dispose   of  interests  in  and  to  real  property  and
24        improvements situated thereon and  in  personal  property
25        necessary to fulfill the purposes of the Authority;
26             (10)  to engage in any activity or operation that is
27        incidental  to  and in furtherance of efficient operation
28        to accomplish the Authority's primary purpose;
29             (11)  to acquire, own,  construct,  lease,  operate,
30        and  maintain  within  its corporate limits terminals and
31        terminal  facilities  and  to  fix  and   collect   just,
32        reasonable,  and nondiscriminatory charges for the use of
33        those facilities;
34             (12)  to collect fees and charges in connection with
 
SB745 Engrossed             -487-              LRB9101253EGfg
 1        its loans, commitments, and services;
 2             (13)  to use  the  charges  and  fees  collected  as
 3        authorized under paragraphs (11) and (12) of this Section
 4        to defray the reasonable expenses of the Authority and to
 5        pay  the  principal  and  interest  of  any revenue bonds
 6        issued by the Authority;
 7             (14)  to use ground water resources of Will  County;
 8        and
 9             (15)  to  borrow  money  and to issue revenue bonds,
10        notes, or other evidences  of indebtedness as provided in
11        Section 35 of this Act to evidence the obligation of  the
12        Authority to repay the borrowings.
13    (Source:  P.A.  89-333,  eff.  8-17-95;  90-83, eff. 7-10-97;
14    revised 10-31-98.)

15        Section 81.   The  Tri-County  River  Valley  Development
16    Authority Law is amended by changing Section 2007 as follows:

17        (70 ILCS 525/2007) (from Ch. 85, par. 7507)
18        Sec. 2007.  Bonds.
19        (a)  The  Authority,  with  the  written  approval of the
20    Governor, shall have the continuing  power  to  issue  bonds,
21    notes,  or  other  evidences  of indebtedness in an aggregate
22    amount  not  to  exceed  $100,000,000  for  the  purpose   of
23    developing,  constructing,  acquiring  or improving projects,
24    including those established by business entities locating  or
25    expanding property within the territorial jurisdiction of the
26    Authority,  for entering into venture capital agreements with
27    businesses  locating  or  expanding  within  the  territorial
28    jurisdiction of the Authority, for  acquiring  and  improving
29    any property necessary and useful in connection therewith and
30    for  the  purposes  of the Employee Ownership Assistance Act.
31    For  the  purpose  of  evidencing  the  obligations  of   the
32    Authority  to  repay  any  money borrowed, the Authority may,
 
SB745 Engrossed             -488-              LRB9101253EGfg
 1    pursuant to resolution, from time to time issue  and  dispose
 2    of  its  interest  bearing  revenue  bonds,  notes  or  other
 3    evidences  of  indebtedness  and  may  also from time to time
 4    issue and dispose of such bonds, notes or other evidences  of
 5    indebtedness  to refund, at maturity, at a redemption date or
 6    in advance of either, any bonds, notes or other evidences  of
 7    indebtedness pursuant to redemption provisions or at any time
 8    before maturity.  All such bonds, notes or other evidences of
 9    indebtedness  shall be payable from the revenues or income to
10    be derived from loans made with respect to projects, from the
11    leasing or sale of the  projects  or  from  any  other  funds
12    available  to  the  Authority  for such purposes.  The bonds,
13    notes or other evidences of indebtedness may bear  such  date
14    or  dates,  may mature at such time or times not exceeding 40
15    years from their respective dates, may bear interest at  such
16    rate or rates not exceeding the maximum rate permitted by the
17    Bond  Authorization  Act, may be in such form, may carry such
18    registration privileges, may be executed in such manner,  may
19    be  payable  at  such place or places, may be made subject to
20    redemption in such  manner  and  upon  such  terms,  with  or
21    without  premium  as  is  stated  on the face thereof, may be
22    authenticated in such manner and may contain such  terms  and
23    covenants as may be provided by an applicable resolution.
24        (b-1)  The holder or holders of any bonds, notes or other
25    evidences  of  indebtedness issued by the Authority may bring
26    suits  at  law  or  proceedings  in  equity  to  compel   the
27    performance and observance by any corporation or person or by
28    the  Authority  or  any  of  its  agents  or employees of any
29    contract or covenant made with the  holders  of  such  bonds,
30    notes  or  other  evidences  of  indebtedness, to compel such
31    corporation, person, the Authority and any of its  agents  or
32    employees  to perform any duties required to be performed for
33    the benefit of the holders of any such bonds, notes or  other
34    evidences  of indebtedness by the provision of the resolution
 
SB745 Engrossed             -489-              LRB9101253EGfg
 1    authorizing their issuance and to  enjoin  such  corporation,
 2    person, the Authority and any of its agents or employees from
 3    taking  any  action  in  conflict  with  any such contract or
 4    covenant.
 5        (b-2)  If the Authority fails to pay the principal of  or
 6    interest  on any of the bonds or premium, if any, as the same
 7    become  due,  a  civil  action  to  compel  payment  may   be
 8    instituted  in the appropriate circuit court by the holder or
 9    holders of the bonds on which such default of payment  exists
10    or  by an indenture trustee acting on behalf of such holders.
11    Delivery of a summons and a copy  of  the  complaint  to  the
12    Chairman  of the Board shall constitute sufficient service to
13    give the circuit court jurisdiction of the subject matter  of
14    such  a  suit  and  jurisdiction  over  the Authority and its
15    officers named as defendants for the  purpose  of  compelling
16    such  payment.  Any  case,  controversy  or  cause  of action
17    concerning the  validity  of  this  Article  relates  to  the
18    revenue of the State of Illinois.
19        (c)  Notwithstanding  the  form  and  tenor  of  any such
20    bonds, notes or other evidences of indebtedness  and  in  the
21    absence of any express recital on the face thereof that it is
22    non-negotiable,  all such bonds, notes and other evidences of
23    indebtedness shall be negotiable  instruments.   Pending  the
24    preparation  and  execution of any such bonds, notes or other
25    evidences  of  indebtedness,  temporary   bonds,   notes   or
26    evidences  of  indebtedness  may  be  issued  as  provided by
27    ordinance.
28        (d)  To secure the payment of any or all of  such  bonds,
29    notes  or other evidences of indebtedness, the revenues to be
30    received by the Authority from  a  lease  agreement  or  loan
31    agreement  shall  be pledged, and, for the purpose of setting
32    forth the covenants and  undertakings  of  the  Authority  in
33    connection  with the issuance thereof and the issuance of any
34    additional bonds, notes or other  evidences  of  indebtedness
 
SB745 Engrossed             -490-              LRB9101253EGfg
 1    payable  from  such  revenues,  income  or  other funds to be
 2    derived from projects, the Authority may execute and  deliver
 3    a  mortgage  or  trust agreement.  A remedy for any breach or
 4    default of the terms of any such mortgage or trust  agreement
 5    by  the  Authority  may  be  by  mandamus  proceedings in the
 6    appropriate circuit  court  to  compel  the  performance  and
 7    compliance  therewith,  but the trust agreement may prescribe
 8    by whom or on whose behalf such action may be instituted.
 9        (e)  Such bonds or notes shall be secured as provided  in
10    the  authorizing  ordinance  which  may,  notwithstanding any
11    other provision of this Article, include in addition  to  any
12    other security a specific pledge or assignment of and lien on
13    or  security  interest in any or all revenues or money of the
14    Authority from whatever source which may by law be  used  for
15    debt  service purposes and a specific pledge or assignment of
16    and lien on or security interest in  any  funds  or  accounts
17    established  or  provided  for  by ordinance of the Authority
18    authorizing the issuance of such bonds or notes.
19        (f)  In the event  that  the  Authority  determines  that
20    monies  of  the  Authority  will  not  be  sufficient for the
21    payment of the principal of and interest on its bonds  during
22    the  next  State  fiscal  year,  the  Chairman,  as  soon  as
23    practicable,   shall  certify  to  the  Governor  the  amount
24    required by the Authority to enable it to pay such  principal
25    of  and  interest on the bonds. The Governor shall submit the
26    amount so certified  to  the  General  Assembly  as  soon  as
27    practicable,  but  no later than the end of the current State
28    fiscal year.  This subsection shall not apply to any bonds or
29    notes as to which the Authority shall have determined, in the
30    resolution authorizing the issuance of the  bonds  or  notes,
31    that this subsection shall not apply.  Whenever the Authority
32    makes such a determination, that fact shall be plainly stated
33    on the face of the bonds or notes and that fact shall also be
34    reported to the Governor.
 
SB745 Engrossed             -491-              LRB9101253EGfg
 1        In  the  event  of  a withdrawal of moneys from a reserve
 2    fund established with respect to any issue or issues of bonds
 3    of the Authority to pay principal or interest on those bonds,
 4    the Chairman of the Authority, as soon as practicable,  shall
 5    certify  to  the  Governor the amount required to restore the
 6    reserve fund to the  level  required  in  the  resolution  or
 7    indenture securing those bonds. The Governor shall submit the
 8    amount  so  certified  to  the  General  Assembly  as soon as
 9    practicable, but no later than the end of the  current  state
10    fiscal year.
11        (g)  The State of Illinois pledges to and agrees with the
12    holders  of  the  bonds  and  notes  of  the Authority issued
13    pursuant to this Section that the State  will  not  limit  or
14    alter  the  rights and powers vested in the Authority by this
15    Article so as to impair the terms of any contract made by the
16    Authority with such holders or in any way impair  the  rights
17    and  remedies  of  such  holders  until such bonds and notes,
18    together with interest thereon, with interest on  any  unpaid
19    installments  of  interest,  and  all  costs  and expenses in
20    connection with any action or proceedings by or on behalf  of
21    such holders, are fully met and discharged.  In addition, the
22    State pledges to and agrees with the holders of the bonds and
23    notes  of  the Authority issued pursuant to this Section that
24    the State will not limit or alter the basis  on  which  State
25    funds  are  to  be  paid to the Authority as provided in this
26    Act, or the use of such funds, so as to impair the  terms  of
27    any  such  contract.   The Authority is authorized to include
28    these pledges and agreements of the  State  in  any  contract
29    with  the  holders  of bonds or notes issued pursuant to this
30    Section.
31        (h)  Not less than 30 days prior  to  the  commitment  to
32    issue  bonds,  notes,  or other evidences of indebtedness for
33    the  purpose  of  developing,  constructing,   acquiring   or
34    improving  housing  or  residential  projects,  as defined in
 
SB745 Engrossed             -492-              LRB9101253EGfg
 1    Section 2003, 3, the Authority shall provide  notice  to  the
 2    Executive   Director  of  the  Illinois  Housing  Development
 3    Authority. Within 30 days after receipt of  the  notice,  the
 4    Illinois  Housing  Development  Authority  shall  notify  the
 5    Authority  as  to  its interest in financing the project.  If
 6    the  Illinois  Housing  Development  Authority  notifies  the
 7    Authority that it is not interested in financing the project,
 8    the Authority may finance the  project  or  seek  alternative
 9    financing for the project.
10    (Source: P.A. 86-1489; 87-778; revised 10-31-98.)

11        Section  82.   The  Illinois  Drainage Code is amended by
12    changing Sections 1-2, 3-5, 3-18, 5-5, and 5-20 as follows:

13        (70 ILCS 605/1-2) (from Ch. 42, par. 1-2)
14        Sec. 1-2.  Definitions. When used in this Act unless  the
15    context requires otherwise:
16        (a)  "Clerk",  when  used without qualifying words, means
17    the clerk of the circuit court acting, ex officio,  as  clerk
18    of a district.
19        (b)  "Court"  means  the  circuit  court of the county in
20    which a district was organized.
21        (c)  "Ditch" means an artificially constructed open drain
22    or a natural drain which has been artificially improved.
23        (d)  "Drain" includes ditch and means any water course or
24    conduit,  whether  open,  covered  or  enclosed,  natural  or
25    artificial, or partly natural and partly artificial, by which
26    waters coming or falling upon lands are carried away.
27        (e)  "Drainage district" is  synonymous  with  "district"
28    and  includes all types of drainage districts organized under
29    this or any prior Act.
30        (f)  "Drainage structures" means those  structures  other
31    than  drains, levees and pumping plants which are intended to
32    promote or aid drainage. Such structures may  be  independent
 
SB745 Engrossed             -493-              LRB9101253EGfg
 1    from other drainage work or may be a part of or incidental to
 2    such  work.  The  term  includes,  but  is not restricted to,
 3    catchbasins, bulkheads, spillways, flumes,  drop-boxes,  pipe
 4    outlets, junction boxes and structures the primary purpose of
 5    which  is  to  prevent  the  erosion  of soil into a district
 6    drain.
 7        (g)  "Drainage system" means the system  by  which  lands
 8    are  drained  or protected from overflow or both and includes
 9    drains, drainage structures, levees and pumping plants.
10        (h)  "Land" means real property and includes, but is  not
11    restricted to, lots, railroad rights-of-way and easements.
12        (i)  "Landowner"  or  "owner"  means  the  owner  of real
13    property and includes an owner of an  undivided  interest,  a
14    life tenant, a remainderman, a public or private corporation,
15    a  trustee  under  an  active  trust  and  the  holder of the
16    beneficial interest under a land trust, but does not  include
17    a  mortgagee, a trustee under a trust deed in the nature of a
18    mortgage, a lien holder or a lessee.
19        (j)  "Adult landowner" or "adult owner"  includes  public
20    and private corporations.
21        (k)  "Municipal  corporation  exercising drainage powers"
22    means a sanitary district, city, village or other public body
23    empowered by law to exercise and which is exercising drainage
24    functions.
25        (l) (Blank). ((l) Blank.)
26        (m)  "Non-resident" means a person residing  outside  the
27    county  or  counties  in  which  the  district or any portion
28    thereof is situated.
29        (n)  "Registered   Professional   Engineer"    means    a
30    professional  engineer registered under the provisions of the
31    Professional Engineering Practice Act of 1989.
32        (o)  "Sanitary purposes" includes, but is not  restricted
33    to,  the protection of residential, commercial and industrial
34    property from inundation and overflow.
 
SB745 Engrossed             -494-              LRB9101253EGfg
 1        (p)  Words importing the  masculine  gender  include  the
 2    feminine.
 3        (q)  Words  importing  the  singular  number  include the
 4    plural and words importing the plural include the singular.
 5        (r)  "Farm Drainage Act" means and refers to "An  Act  to
 6    provide  for drainage for agricultural and sanitary purposes,
 7    and to repeal certain acts therein named", approved June  27,
 8    1885, as amended, which Act is repealed by this Act.
 9        (s)  "Levee  Act"  means and refers to "An Act to provide
10    for the construction, reparation and  protection  of  drains,
11    ditches   and   levees   across  the  lands  of  others,  for
12    agricultural, sanitary and mining purposes,  and  to  provide
13    for the organization of drainage districts", approved May 29,
14    1879, as amended, which Act is repealed by this Act.
15    (Source: P.A. 86-297; 86-1475; revised 10-31-98.)

16        (70 ILCS 605/3-5) (from Ch. 42, par. 3-5)
17        Sec.  3-5.  Notice  of hearing.  The clerk of the circuit
18    court shall give notice of the hearing on the petition in the
19    manner provided in Section 3-6.  The notice shall be entitled
20    "Drainage Notice" and must state: (a) in what  court  and  on
21    what  date  the petition was filed; (b) a general description
22    of the proposed work; (c)  the  boundaries  of  the  proposed
23    district  or  a  description  of  the  lands  proposed  to be
24    included or the numbers of the sections,  including  township
25    and  range,  in  which  the  proposed  district,  or any part
26    thereof, is situated; (d) the name of the proposed  district;
27    and  (e) the place, date and hour the petition will be heard.
28    The notice may be substantially in the following form:
29                           DRAINAGE NOTICE
30        Public notice is hereby given that on (insert date),  the
31    ....  day of ...., 19.., there was filed in the Circuit Court
32    of the  ....  Judicial  Circuit,  ....  County,  Illinois,  a
33    petition   requesting   the  organization  of  ....  Drainage
 
SB745 Engrossed             -495-              LRB9101253EGfg
 1    District, in the County (or Counties) of ....  and  State  of
 2    Illinois; that the boundaries of the proposed district are as
 3    follows:  .... (or "that the proposed district is situated in
 4    the following sections: ...."); that the work proposed to  be
 5    undertaken  by  the  district consists of ....; that upon the
 6    filing thereof, the petition was presented to the  Court  and
 7    by the Court set for hearing in the .... in the courthouse at
 8    ...., Illinois, on (insert date), the .... day of ...., 19..,
 9      at  the  hour  of  ...., .. M., at which time and place all
10    interested parties may appear and be heard if they see fit so
11    to do.
12        Dated (insert date). this .... day of ...., 19...
13                                    .............................
14                                    Clerk of the Circuit Court of
15                                    the ....... Judicial Circuit,
16                                    ............ County, Illinois
17    (Source: Laws 1965, p. 678; revised 10-20-98.)

18        (70 ILCS 605/3-18) (from Ch. 42, par. 3-18)
19        Sec. 3-18. Notice of hearing on report.  If the temporary
20    commissioners recommend in their report that the district  be
21    organized  and  that  additional  land  be  included  in  the
22    proposed  district,  they  shall file with their report their
23    affidavit setting forth the names and addresses of the owners
24    of such land, if known, or, if unknown, then  the  names  and
25    addresses  of  the  person who last paid the general taxes on
26    such land as shown by the collector's books in the county  in
27    which such land is situated, and the petitioners or the clerk
28    of  the  court  shall, at least 10 days before the date fixed
29    for hearing, mail a notice thereof to each such person at his
30    address as set forth in  the  affidavit.   Notices  shall  be
31    mailed  and proof made in the manner provided in Section 3-6.
32    The notice shall be entitled "Drainage Notice" and must state
33    (a) the general nature of the proceedings and in  what  court
 
SB745 Engrossed             -496-              LRB9101253EGfg
 1    they  are  pending,  (b) the general location of the proposed
 2    district, (c) a general description of the system of drainage
 3    recommended, (d)  the  description  of  the  additional  land
 4    proposed  to be included, and (e) the date and hour fixed for
 5    the hearing on the report.
 6        The notice may be substantially in the following form:
 7                           DRAINAGE NOTICE
 8    To the owners of the lands hereinafter described:
 9        You are hereby notified that  there  is  pending  in  the
10    Circuit  Court  of  the  ....  Judicial Circuit, .... County,
11    Illinois, the report of the temporary  commissioners  in  the
12    matter  of the petition for the organization of .... Drainage
13    District, in the County (or Counties) of ....  and  State  of
14    Illinois;  that the general location of the proposed district
15    is ....; that the work recommended to be  undertaken  in  the
16    proposed  district by the temporary commissioners consists of
17    ....; and that the temporary commissioners  have  recommended
18    that  in  addition  to  the  lands described in the petition,
19    there be included in the districts  the  lands  described  as
20    follows: ........................
21        You are further notified that the report of the temporary
22    commissioners   is  set  for  hearing  in  the  ....  in  the
23    Courthouse at .... Illinois, on (insert date), the  ....  day
24    of  ....,  19.., at the hour of .... .. M., at which time and
25    place you may appear and be heard if you see fit so to do.
26        Dated (insert date). this .... day of .... 19...
27                                .................................
28                                Clerk of the Circuit Court of the
29                                ............... Judicial Circuit,
30                                ............... County, Illinois.
31    (Source: P.A. 86-297; revised 10-20-98.)

32        (70 ILCS 605/5-5) (from Ch. 42, par. 5-5)
33        Sec. 5-5. Original assessments  -  Notice  of  hearing  -
 
SB745 Engrossed             -497-              LRB9101253EGfg
 1    Contents of notice.  The clerk of the court shall give notice
 2    of  the  hearing on the assessment roll in the manner and for
 3    the length of time provided in Section 5-6.  The notice shall
 4    be entitled "Drainage Notice" and  must  state  (a)  in  what
 5    court and on what date the assessment roll was filed, (b) the
 6    name  of  the  district,  (c)  the  total  amount of benefits
 7    proposed to be levied, (d) the total amount  of  damages,  if
 8    any,  to  be  allowed,  (e)  the total amount of compensation
 9    proposed to be allowed, if any, (f) if an annual  maintenance
10    assessment is proposed to be levied, the total amount of such
11    annual  maintenance  assessment,  and (g) the date, place and
12    hour the hearing will be held.
13        The notice may be substantially in the following form:
14                           DRAINAGE NOTICE
15        Public notice is hereby given that on (insert date),  the
16    ....  day  of ...., 19.., an assessment roll was filed in the
17    Circuit Court  of  the  ....  Judicial  Circuit,....  County,
18    Illinois,  by  the  commissioners  of .... drainage District;
19    that  the  total  amount  of  the  assessments  of   benefits
20    contained  in  the assessment roll is $...., the total amount
21    of damages proposed to be allowed contained in the assessment
22    roll is $...., and the total amount of compensation  proposed
23    to  be allowed contained in the assessment roll is $....; (if
24    an  annual  maintenance  assessment  is   included   in   the
25    assessment  roll,  then  insert  here the statement "that the
26    total amount of the annual maintenance  assessment  contained
27    in  the  assessment roll is $....";) and that upon the filing
28    of such assessment roll, the same was presented to the  court
29    and  by the court set for hearing before the Circuit Court in
30    the courthouse at ...., Illinois, on (insert date), the  ....
31    day  of  ...., 19.., at the hour of .... .. M., at which time
32    and place all interested persons may appear and be heard upon
33    all questions of benefits, damages and compensation  if  they
34    see fit to do so.
 
SB745 Engrossed             -498-              LRB9101253EGfg
 1        Dated (insert date). this .... day of ...., 19..
 2                                    .............................
 3                                    Clerk of the Circuit Court of
 4                                    the ....... Judicial Circuit,
 5                                    ........... County, Illinois.
 6    (Source: Laws 1965, p. 678; revised 10-20-98.)

 7        (70 ILCS 605/5-20) (from Ch. 42, par. 5-20)
 8        Sec.  5-20.  Annual maintenance assessments - Certificate
 9    of levy - Extension of  assessment.    During  the  month  of
10    November  in each year, the commissioners of each district in
11    which an annual maintenance assessment roll has been approved
12    or confirmed shall  determine  whether  it  is  necessary  to
13    collect   all  or  any  portion  of  the  annual  maintenance
14    assessment for repair and maintenance work or  the  operation
15    of  pumping plants during the ensuing calendar year.  If they
16    determine that it is necessary to collect all or a portion of
17    such  assessment,  then  they  shall,  before  the  first  of
18    December, file with the clerk of the  circuit  court  of  the
19    county  in  which the district was organized a certificate of
20    levy, setting forth the amount of money needed  by  them  for
21    the  performance  of  such work during the ensuing year which
22    amount shall in no event  exceed  the  total  of  the  annual
23    maintenance assessment roll as confirmed by the court and, if
24    the amount so levied be less than the total amount which they
25    are  authorized to levy, then the percentage which the amount
26    so  levied  bears  to  the  total  amount  authorized,  which
27    certificate may be in the following form:
28                    CERTIFICATE OF LEVY OF ANNUAL
29                       MAINTENANCE ASSESSMENT
30    To ...., Clerk of the Circuit Court:
31        The undersigned commissioners of ....  Drainage  District
32    do  hereby certify that they require the sum of .... Dollars,
33    to be levied as an annual  maintenance  assessment  upon  the
 
SB745 Engrossed             -499-              LRB9101253EGfg
 1    lands  and  other  property and other districts and municipal
 2    corporations subject to assessment by the district. Such  sum
 3    is  to be used for the performance of annual maintenance work
 4    (and pumping plant operation)  during  the  ensuing  calendar
 5    year  and  represents ....% of the total amount of the annual
 6    maintenance assessment authorized to be levied by the Circuit
 7    Court of this county by its  order  duly  given  or  made  on
 8    (insert date). the .... day of ...., 19...
 9        Dated (insert date). this .... day of November, 19...
10                                         ........................
11                                         ........................
12                                         ........................
13                                                   Commissioners.
14        The  owner of any land or other property which is subject
15    to an annual maintenance assessment may object to the  amount
16    levied  by  the  commissioners  in any year by filing written
17    objections with the court  on  or  before  the  10th  day  of
18    December  following  the  filing  of the certificate of levy.
19    Upon the filing of the objections they shall be presented  to
20    the court, which shall fix the date and hour for hearing. The
21    objecting  landowner  or  landowners  shall  give each of the
22    commissioners at least  3  days  notice  of  the  hearing  by
23    personal  service or by mail which notice shall have attached
24    thereto a copy of the objections filed. The objections  shall
25    be heard and determined by the court prior to the 20th day of
26    December.   Upon  such hearing the court may confirm the levy
27    without change or reduce the levy and confirm the same as  so
28    reduced.  No appeal shall lie from the order of the court but
29    the  objectors  shall  not be precluded from raising the same
30    objections on the Collector's application  for  judgment  and
31    order  of sale for delinquent annual maintenance assessments.
32    If no objections are filed by the 10th day of December or  if
33    the court fails to hear and determine the filed objections by
34    the  20th  day of December then the certificate of levy shall
 
SB745 Engrossed             -500-              LRB9101253EGfg
 1    stand as confirmed without further action by the court.
 2        If the amount levied in any year is less than  the  total
 3    amount  of  the  annual maintenance assessment roll, then the
 4    individual assessments shall abate proportionately.  Upon the
 5    confirmation of the levy, whether by order of the court or by
 6    the failure of any landowner to file written objections or by
 7    the failure of the court to determine objections,  the  clerk
 8    of  the  circuit  court  shall,  except  in the case of those
 9    districts which have appointed as  their  collectors  persons
10    other  than the county collector, deliver a certified copy of
11    the certificate of levy, together with a  certified  copy  of
12    the order of the court, if any, thereon, to the county clerk,
13    who  shall extend the same on the county collector's books in
14    appropriate columns, and the amounts  so  extended  shall  be
15    collected  at the same time and in the same manner as general
16    taxes and, when so collected,  shall  be  paid  over  to  the
17    district  treasurer  in the same manner as taxes of municipal
18    corporations.  When the district is situated in more than one
19    county, the clerk of the circuit court of the county in which
20    the district is organized shall deliver to the  county  clerk
21    of  each of such counties a certified copy of the certificate
22    of levy, together with a certified copy of the order  of  the
23    court, if any thereon, and the county clerks of such counties
24    shall  extend  the  levy against the portion of the lands and
25    property in the district in his  county  on  the  collector's
26    books  in  his office, as above set forth, and the collection
27    and distribution thereof in that county shall be accomplished
28    in the same manner as  in  districts  situated  in  a  single
29    county.   In  extending annual maintenance assessments in the
30    county collector's books, when the tracts  described  in  the
31    assessment  roll do not coincide with the tracts described in
32    the collector's books but the description in the  collector's
33    books  includes  the description on the assessment roll, then
34    the clerk may include  the  assessment  against  the  smaller
 
SB745 Engrossed             -501-              LRB9101253EGfg
 1    tract  with  the  taxes  against  the  larger tract, but such
 2    authority shall be procedural only and shall not be construed
 3    to extend the lien of the assessment against the larger tract
 4    or upon any land or property other than  that  against  which
 5    the  assessment  was  actually  confirmed.   When  the  tract
 6    described  in  the  assessment  roll is larger than the tract
 7    described  in  the  collector's  book,  then  the  assessment
 8    against such tract shall be divided in the collector's  books
 9    proportionately.
10        In   those   districts  which  have  appointed  as  their
11    collectors persons other than the county collector, the clerk
12    shall certify a copy of the certificate of levy and the order
13    of the court, if any, to the district  collector,  who  shall
14    then  be  charged with the duty of billing and collecting the
15    annual maintenance assessment so levied as  in  the  case  of
16    original and additional assessments.
17        In  all  cases,  it  shall  be  the  duty of the district
18    collector to collect assessments against other districts  and
19    municipal  corporations and against property not appearing in
20    the county collector's books.
21    (Source: P.A. 84-886; revised 10-20-98.)

22        Section 83.  The Fire Protection District Act is  amended
23    by changing Section 16c as follows:

24        (70 ILCS 705/16c) (from Ch. 127 1/2, par. 37c)
25        Sec.  16c.   Territory  included within the limits of any
26    fire  protection  district  may  be  disconnected  from   the
27    district  and  organized in a new fire protection district in
28    the manner hereinafter set forth (1) if the  territory  would
29    receive  equal  or  greater  benefits  from the district into
30    which it seeks to be organized; (2) if the disconnection will
31    not cause the territory remaining in the district from  which
32    the territory is to be disconnected, to be noncontiguous; (3)
 
SB745 Engrossed             -502-              LRB9101253EGfg
 1    if  the  trustees of the district from which the territory is
 2    to be disconnected consent thereto; (4) if the  territory  to
 3    be  disconnected  meets  the requirements for organization as
 4    provided in Section 1 of this Act.  One percent  or  more  of
 5    the  legal voters residing within the limits of the territory
 6    proposed to be disconnected and organized in a  new  district
 7    may  file a petition in the circuit court of the county where
 8    such territory is located setting forth: (1) the  description
 9    of the territory sought to be disconnected and organized in a
10    new   district;  (2)  facts  disclosing  that  the  territory
11    described meets the requirements for organization  of  a  new
12    district  as  provided in Section 1 of this Act; (3) that the
13    territory would receive equal or greater  benefits  from  the
14    district  in  which  it  seeks  to be organized; (4) that the
15    disconnection will not cause the territory remaining  in  the
16    district  from  which the territory is to be disconnected, to
17    be noncontiguous nor impair such district from rendering fire
18    protection  service  to  the  territory  remaining   in   the
19    district;  (5)  that  the trustees of the district from which
20    the territory  is  to  be  disconnected  consent  thereto  (a
21    certified  copy  of  a  resolution of the trustees evidencing
22    their consent to such disconnection and adopted not more than
23    90 days prior to the filing of the petition shall be attached
24    to and made a part of the petition); and (6) the name of  the
25    proposed  district;  and  requesting  that  the  question  of
26    whether the territory shall be disconnected from the district
27    in  which  it  is  presently  situated and organized in a new
28    district be submitted to the voters of the  territory  sought
29    to be disconnected.
30        Upon  the  filing  of the petition, the court shall set a
31    date for hearing not less than 2 weeks, nor more than 4 weeks
32    from the filing thereof, and the court, or the clerk  of  the
33    court, upon order of the court, shall give 2 weeks' notice of
34    such  hearing  in  one  or  more  newspapers, either daily or
 
SB745 Engrossed             -503-              LRB9101253EGfg
 1    weekly, of general circulation in the district from which the
 2    territory is sought to be disconnected and in  the  territory
 3    sought  to be disconnected, and by posting at least 10 copies
 4    of the notice in conspicuous places in the district,  and  at
 5    least  10  copies  of the notice in conspicuous places in the
 6    territory which is sought to be disconnected therefrom,  and,
 7    in  addition,  shall  cause  a  copy  of  the  notice  to  be
 8    personally  served  upon each of the trustees of the district
 9    from which the territory is sought to be disconnected.
10        At any time prior to the date  set  for  the  hearing  or
11    within  such  additional time as may be granted by the court,
12    the trustees of the  district  from  which  disconnection  is
13    sought may file a revocation of their consent to the proposed
14    disconnection  and in case of such revocation of consent, the
15    court shall  enter  an  order  dismissing  the  petition  for
16    disconnection.  The trustees may withdraw their revocation or
17    give their new consent to the disconnection of the  territory
18    at  any  time  prior  to the entry of an order dismissing the
19    petition. In case no revocation  of  consent  is  filed,  the
20    court  shall  proceed with the matter as herein provided, but
21    if the court finds that any of the conditions herein required
22    for the disconnection and organization do not exist, it shall
23    enter an order dismissing the petition.
24        At the hearing  any  person  residing  in  or  having  an
25    interest in any of the property sought to be disconnected may
26    appear  and  be  heard and both objectors and petitioners may
27    offer any competent evidence as to the matters averred in the
28    petition.
29        If the court shall, upon hearing the petition, find  that
30    the  territory  described therein meets all of the conditions
31    hereinbefore set forth and complies  with  this  Section,  it
32    shall  certify  to the proper election officials the question
33    of whether the  territory  shall  be  disconnected  from  the
34    district  in which it is presently located and organized in a
 
SB745 Engrossed             -504-              LRB9101253EGfg
 1    new  fire  protection  district,  and  its  order,  and  such
 2    election officials shall submit that question at an  election
 3    in  such  territory  in  accordance with the general election
 4    law..   The  proposition  shall  be  in   substantially   the
 5    following form:
 6    -------------------------------------------------------------
 7        For disconnecting from the
 8    .... fire protection
 9    district and organizing the
10    .... fire protection
11    district and retaining a
12    proportionate share of the
13    bonded indebtedness, if any,
14    of the former district.
15    -------------------------------------------------------------
16        Against disconnecting from the
17    .... fire protection
18    district and organizing the
19    .... fire protection
20    district and retaining a
21    proportionate share of the
22    bonded indebtedness, if any,
23    of the former district.
24    -------------------------------------------------------------
25        If  a  majority  of  the  votes cast upon the question of
26    disconnecting the territory and  organizing  a  new  district
27    shall  be in favor of the disconnection and organization, the
28    territory shall thenceforth cease to be a part  of  the  fire
29    protection district to which it was attached and shall become
30    a   new   fire   protection   district,   provided  that  the
31    disconnected  territory   shall   remain   liable   for   its
32    proportionate share of the bonded indebtedness outstanding as
33    of  the  date  of disconnection, if any, of the district from
34    which it was disconnected.  The court shall cause  a  written
 
SB745 Engrossed             -505-              LRB9101253EGfg
 1    statement  of  the results of such an election to be filed of
 2    record in the court and shall enter an order accordingly, and
 3    shall also cause to be  sent  to  the  county  clerk  of  all
 4    counties in which any portion of the new district lies and to
 5    the  Office of the State Fire Marshal a certified copy of the
 6    order organizing  such  district  and  a  plat  of  the  same
 7    indicating  what  lands of the district lie in such county or
 8    counties.  The  new  district  shall  be  organized  and  the
 9    trustees  appointed in the same manner as provided in Section
10    4, and such district and its trustees shall have like  powers
11    and responsibilities as any new district organized under this
12    Act.
13    (Source: P.A. 83-343; revised 2-24-98.)

14        Section  84.  The Fire Protection of Unprotected Area Act
15    is amended by changing Section 2 as follows:

16        (70 ILCS 715/2) (from Ch. 127 1/2, par. 302)
17        Sec. 2.  After December 31, 1975, all  unprotected  areas
18    of  unincorporated  portions of counties of less than 500,000
19    inhabitants, shall be eligible for  assignment  by  the  Fire
20    Marshal  of  fire  protection coverage by the Fire Marshal, -
21    from a fire protection  district.   Incorporated  areas,  and
22    municipal   fire   departments,  shall  be  exempt  from  the
23    provisions of this Act.
24    (Source: P.A. 79-1054; revised 10-31-98.)

25        Section 85.  The Downstate Forest Preserve  District  Act
26    is amended by changing Section 2 as follows:

27        (70 ILCS 805/2) (from Ch. 96 1/2, par. 6303)
28        Sec.  2.  The  proposition  shall be substantially in the
29    following form:
30    -------------------------------------------------------------
 
SB745 Engrossed             -506-              LRB9101253EGfg
 1       "Shall there be organized a forest
 2    preserve  district in accordance with
 3    the order of the judge of the circuit
 4    court  of  .... county, dated (insert            YES
 5    date), under the date of the
 6    .... day of ...., 19...,
 7    to be known as (insert here
 8    the  name of the proposed district as      ------------------
 9    entered in the order of the judge  of
10    the  circuit court)  and described as
11    follows:   (insert description of the              NO
12    proposed district as entered  in  the
13    order  of  the  judge  of the circuit
14    court)?"[?]
15    -------------------------------------------------------------
16        The clerk of the circuit court of the county shall  cause
17    a  statement  of the result of the referendum in the proposed
18    district to be filed in the records of the circuit  court  of
19    the  county,  and  if  a  majority  of  the votes cast in the
20    proposed district upon the question is found to be  in  favor
21    of  the  organization  of  a  forest  preserve  district, the
22    proposed forest preserve district shall thenceforth be deemed
23    an organized forest preserve district under this Act.
24    (Source: P.A. 90-655, eff. 7-30-98; revised 10-19-98.)

25        Section 86.  The Tuberculosis Sanitarium District Act  is
26    amended by changing Section 2 as follows:

27        (70 ILCS 920/2) (from Ch. 23, par. 1702)
28        Sec.  2.   The  proposition shall be substantially in the
29    following form:
30    -------------------------------------------------------------
31        "Shall there be organized a
32    tuberculosis sanitarium district in
 
SB745 Engrossed             -507-              LRB9101253EGfg
 1    accordance with the order of the                YES
 2    circuit court of .... county, dated
 3    (insert date), under the date
 4    of the .... day of .... 19..       --------------------------
 5    to be known as (insert here the name of the
 6    proposed district as entered in the order       NO
 7    of the court) and described as follows:
 8    (Insert description of proposed district as
 9    entered in the order of the circuit court)."
10    -------------------------------------------------------------
11        A statement of the result  of  such  referendum  in  each
12    district  shall  be  entered of record in the court, and if a
13    majority of the votes cast in any district upon such question
14    is  found  to  be  in  favor  of  the  organization  of  such
15    tuberculosis   sanitarium   district,    such    tuberculosis
16    sanitarium  district shall thenceforth be deemed an organized
17    tuberculosis sanitarium district under this Act.
18    (Source: P.A. 83-343; revised 10-19-98.)

19        (70 ILCS 1105/0.01 rep.) (from Ch. 85, par. 6800)
20        Section 87.   The  Museum  District  Act  is  amended  by
21    repealing Section 0.01.

22        Section  88.   The  Park  District  Code  is  amended  by
23    changing Section 10-7d as follows:

24        (70 ILCS 1205/10-7d) (from Ch. 105, par. 10-7d)
25        Sec.  10-7d.  If  a  majority  of  the voters in any park
26    district voting on the question at a referendum held for that
27    purpose  votes  in  favor  of  selling  such  property  under
28    Sections 10-7 to 10-7d hereof, inclusive, the governing board
29    shall, proceed to sell such property at public auction  after
30    first  giving  two  weeks'  notice  of the time and place and
31    terms of said sale by notice published two successive  weeks,
 
SB745 Engrossed             -508-              LRB9101253EGfg
 1    once  each  week,  the  first publication to be not less than
 2    fifteen days prior to the date fixed  for  said  sale,  in  a
 3    newspaper  published  and  of  general  circulation  in  said
 4    district,  if there be such a newspaper.  If there be no such
 5    newspaper, then such publication may be had in a newspaper of
 6    general circulation in the district, if any, or if none, then
 7    by posting in  not  less  than  ten  public  places  in  such
 8    district.  Said board shall sell said property to the highest
 9    responsible  bidder  at said auction and notice of sale shall
10    be in substantially the following form:
11                           NOTICE OF SALE
12    Notice is hereby given that on (insert date), the .... day of
13    ...., 19.., the .... Park District will sell at  public  sale
14    at  ....  at  the  hour  of  .... o'clock ...M. the following
15    described property:
16                      (Here describe property)
17    The terms of the sale shall be as follows:
18        (Here insert terms upon which property  shall  be  sold).
19    By order of the Board of .... Park District.
20               .... (President of .... Park District)
21        Prior  to directing notice for sale the board shall adopt
22    a resolution fixing the time for  the  sale,  specifying  the
23    terms  of  the sale which shall not be less than one-third of
24    the purchase price  in  cash  and  the  balance  in  2  equal
25    payments  due  not more than 6 months and 12 months from date
26    of sale.
27        In the event no bids are  received  at  such  sale,  said
28    property  may,  without  another referendum on such question,
29    again be advertised for sale at any  time  within  12  months
30    from  date  of  the  first  sale,  in  the manner hereinabove
31    provided.  The Board may reserve the right to reject  any  or
32    all  bids  and  advertise  for  resale.   In  the  event said
33    property is not sold within 12 months from date of the  first
34    public  sale,  said  property  shall  not be sold until a new
 
SB745 Engrossed             -509-              LRB9101253EGfg
 1    resolution is adopted with new opportunity for referendum  on
 2    such question by the voters.
 3        Any  deed, subject to the provisions of Sections 10-7a to
 4    this Section 10-7d,  inclusive,  shall  be  executed  by  the
 5    president   and  secretary  of  the  district  and  shall  be
 6    deposited in escrow with the treasurer of said district,  and
 7    shall  not  be  released to the purchaser of said property or
 8    recorded until the purchase price therefor has been deposited
 9    in full with said treasurer.  Any proceeds derived  from  the
10    sale  of  such  property  shall  become a part of the general
11    corporate funds of said district.
12    (Source: P.A. 81-1489; revised 10-20-98.)

13        Section  89.   The  Lincoln   Park   Commissioners   Land
14    Condemnation Act is amended by changing Section 3 as follows:

15        (70 ILCS 1570/3) (from Ch. 105, par. 81)
16        Sec.  3.  The  commissioners  of  Lincoln Park may, by be
17    contract with or deeds from  the  owner  or  owners  thereof,
18    acquire  the  riparian  rights appurtenant to the shore lands
19    adjacent to and adjoining the submerged lands so granted  and
20    so  much  of  the  shore lands and interests therein and such
21    right to impose restrictions upon the use thereof as  to  the
22    commissioners  of  Lincoln  Park  shall  seem  necessary  and
23    desirable  and  in  acquiring  such  rights and interests the
24    commissioners of Lincoln Park may agree with  such  owner  or
25    owners  upon  a  boundary  line  dividing  the  submerged and
26    adjacent and adjoining lands to be  held  and  used  for  the
27    proposed  park,  boulevard,  or  driveway  extension  and the
28    submerged and adjacent and adjoining lands to be retained and
29    held by such owner or owners in lieu of and  as  compensation
30    for  the  release of such riparian and other rights and shore
31    lands and interests therein to the Commissioners  of  Lincoln
32    Park.   In  all cases where the Commissioners of Lincoln Park
 
SB745 Engrossed             -510-              LRB9101253EGfg
 1    shall have acquired or contracted to acquire such shore lands
 2    and  interests  therein  and  riparian   and   other   rights
 3    appurtenant  thereto  or  shall have agreed with any owner or
 4    owners upon a boundary  line  as  hereinabove  provided,  the
 5    owner or owners of such shore lands and interests therein and
 6    riparian  and  other  rights  appurtenant  thereto may file a
 7    complaint in the Circuit Court of the  county  in  which  the
 8    lands  are  situated, in which complaint the Commissioners of
 9    Lincoln Park shall  be  made  defendants,  praying  that  the
10    boundary  line  between  the  lands  of the plaintiffs in the
11    action and the lands acquired by the Commissioners of Lincoln
12    Park under this Act, may be established and  defined  by  the
13    judgment of the Circuit Court.  The defendant shall be served
14    with  process  in the action so instituted in the same manner
15    as in other civil cases, and the proceedings in the cause may
16    be conducted in the same manner as in other civil cases,  and
17    the court shall have power by its final judgment in the cause
18    to  establish the dividing or boundary line between the lands
19    of the plaintiffs and  the  lands  of  the  Commissioners  of
20    Lincoln Park adjacent thereto, and the line so established by
21    the  judgment  of  the  Circuit  Court shall be the permanent
22    boundary line of the shore lands which shall not be  affected
23    or  changed thereafter, either by accretions or erosions, and
24    the owners of  the  shore  lands  shall  have  the  right  to
25    improve,  protect,  sell and convey the shore lands up to the
26    boundary line so established, free from any adverse claim  in
27    any  way  arising  out  of any question as to where the shore
28    line was at any time in the  past  or  as  to  the  title  of
29    existing accretions, if any, to the shore land.  In the event
30    that  any owner or party interested in any of the shore lands
31    shall be unable to contract with the Commissioners of Lincoln
32    Park by reason of minority or other disability,  a  complaint
33    may  be  filed  by the guardian or next friend or other legal
34    representative of such owner in  the  circuit  court  in  the
 
SB745 Engrossed             -511-              LRB9101253EGfg
 1    county  in  which  such  lands  are  situated,  in  which the
 2    Commissioners  of  Lincoln  Park  shall  be  made  defendant,
 3    praying that such proceedings may be had and  such  order  or
 4    judgment entered as may be necessary or proper to protect the
 5    interests  of the plaintiff in the shore lands. The defendant
 6    shall be served with process in the same manner as  in  other
 7    civil  cases  and  the  proceedings  in  the  cause  shall be
 8    conducted in the same manner as in other civil cases, and the
 9    court shall have power by its final judgment upon such  terms
10    and  conditions  as  it  may  deem  reasonable  and  fair, to
11    transfer  to  the  Commissioners  of  Lincoln  Park  all  the
12    riparian rights of the plaintiff, and also to  establish  the
13    boundary  line  between the lands owned by the plaintiff, and
14    the lands of the Commissioners of Lincoln Park.
15    (Source: P.A. 83-345; revised 10-31-98.)

16        Section 90.  The Havana Regional  Port  District  Act  is
17    amended by changing Section 4 as follows:

18        (70 ILCS 1805/4) (from Ch. 19, par. 604)
19        Sec.  4.  The  Port District has the following functions,
20    powers and duties:
21        (a)  to study the existing harbor facilities  within  the
22    area  of  the  Port  District  and  recommend  to appropriate
23    governmental agencies,  including  the  General  Assembly  of
24    Illinois,  such changes and modifications as may from time to
25    time be required for continuing development  therein  and  to
26    meet changing business and commercial needs;
27        (b)  to  make  an  investigation of conditions within the
28    Port District and prepare and adopt a comprehensive plan  for
29    the development of port facilities for the Port District.  In
30    preparing  and  recommending  changes  and  modifications  in
31    existing  harbor  facilities, or a comprehensive plan for the
32    development of such port facilities, the  Port  District,  if
 
SB745 Engrossed             -512-              LRB9101253EGfg
 1    deemed  desirable,  may  set  aside  and  allocate an area or
 2    areas, within the lands owned by the  Port  District,  to  be
 3    leased  to  private  parties  for  industrial, manufacturing,
 4    commercial, or harbor purposes, where such area or  areas  in
 5    the  opinion  of  the  Board,  are  not  required for primary
 6    purposes in the development of harbor and port facilities for
 7    the use of public water and land transportation, or will  not
 8    be  needed  immediately  for  such  purposes,  and where such
 9    leasing in the opinion of the Board will aid and promote  the
10    development of terminal and port facilities;
11        (c)  to  issue  permits  for the construction of wharves,
12    piers,  dolphins,  booms,  weirs,   breakwaters,   bulkheads,
13    jetties,  bridges  or  other  structures  of  any kind in any
14    navigable waters within the Port District or for the  deposit
15    of  rock, earth, sand or other material, or any matter of any
16    kind or description in such waters and to regulate beyond the
17    limits or jurisdiction of  any  municipality  the  anchorage,
18    moorage  and  speed  of  vessels and to establish and enforce
19    regulations for the operation of bridges; provided,  however,
20    that  any  permit issued or regulation established or adopted
21    by the Port  District  shall  be  subject  to  the  paramount
22    authority  of  the  Federal Government to regulate navigation
23    and the Department of  Natural  Resources  of  the  State  of
24    Illinois under the Rivers, Lakes, and Streams Act;.
25        (d)  to  acquire, own, construct, lease and maintain port
26    and water terminal facilities and  transportation  facilities
27    thereto  within  the  Port  District,  and,  subject  to  the
28    provisions  of  Section 5 of this Act, to operate or contract
29    for the operation of such facilities, and to fix and  collect
30    just,  reasonable,  and non-discriminatory charges or rentals
31    for the use of such facilities. The  charges  or  rentals  so
32    collected  shall  be  deposited  in  the treasury of the Port
33    District, and be used to defray the  reasonable  expenses  of
34    the Port District, and to pay the principal and interest upon
 
SB745 Engrossed             -513-              LRB9101253EGfg
 1    any revenue bonds issued by the Port District;
 2        (e)  to  enter  into contracts dealing in any manner with
 3    the objects and purposes of this Act.
 4    (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)

 5        Section 91.  The Illinois International Port District Act
 6    is amended by changing Section 4 as follows:

 7        (70 ILCS 1810/4) (from Ch. 19, par. 155)
 8        Sec. 4. It shall be the duty of the Port District:
 9        (a)  To study the existing harbor plans within  the  area
10    of  the  Port  District  and  to recommend to the appropriate
11    governmental  agency,  including  the  General  Assembly   of
12    Illinois,  such changes and modifications as may from time to
13    time be required by the continuing development therein and to
14    meet changing business and commercial needs.
15        (b)  To make an investigation of  conditions  within  the
16    area  of  the  Port  District  and  to  prepare  and  adopt a
17    comprehensive plan for the development of the port facilities
18    for the said Port District.  In  preparing  and  recommending
19    changes  and  modifications  in  existing  harbor plans, or a
20    comprehensive  plan  for  the  development   of   said   port
21    facilities,  as  above provided, the District may if it deems
22    desirable set aside and allocate an area,  or  areas,  within
23    the lands held by it, to be used and operated by the District
24    or  leased  to private parties for industrial, manufacturing,
25    commercial, recreational, or harbor purposes, where such area
26    or areas are not, in the opinion of  the  District,  required
27    for  its  primary  purposes  in the development of harbor and
28    port  facilities  for  the  use  of  public  water  and  land
29    transportation, or will not be immediately  needed  for  such
30    purposes, and where such use and operation or leasing will in
31    the  opinion  of the District aid and promote the development
32    of terminal and port facilities.
 
SB745 Engrossed             -514-              LRB9101253EGfg
 1        (c)  To study and  make  recommendations  to  the  proper
 2    authority   for  the  improvement  of  terminal,  lighterage,
 3    wharfage,  warehousing,   transfer   and   other   facilities
 4    necessary  for  the promotion of commerce and the interchange
 5    of traffic within, to and from the Port District.;
 6        (d)  To  study,  prepare  and   recommend   by   specific
 7    proposals  to the General Assembly of Illinois changes in the
 8    jurisdiction of the Port District.;
 9        (e)  To petition any federal, state, municipal  or  local
10    authority,  administrative,  judicial and legislative, having
11    jurisdiction in the premises, for the adoption and  execution
12    of  any  physical  improvement,  change  in method, system of
13    handling  freight,  warehousing,  docking,   lightering   and
14    transfer  of  freight,  which  in  the  opinion  of  the Port
15    District may be designed to improve or better the handling of
16    commerce in and through the Port District or improve terminal
17    or transportation facilities therein.;
18        (f)  To foster, stimulate and  promote  the  shipment  of
19    cargoes  and commerce through such ports, whether originating
20    within or without the State of Illinois.;
21        (g)  To  acquire,  construct,  own,  lease  and   develop
22    terminals,  wharf  facilities, piers, docks, warehouses, bulk
23    terminals,  grain  elevators,  tug  boats  and  other  harbor
24    crafts, and any other port facility or port-related  facility
25    or service as it finds necessary and convenient.;
26        (h)  To  perform any other act or function which may tend
27    to  or  be  useful  toward  development  and  improvement  of
28    harbors, sea ports, and port-related facilities and  services
29    and  to  increase  foreign  and domestic commerce through the
30    harbors and ports within the City of Chicago.
31    (Source: P.A. 88-539; revised 10-31-98.)

32        Section 92.  The  Jackson-Union  Counties  Regional  Port
33    District Act is amended by changing Section 4 as follows:
 
SB745 Engrossed             -515-              LRB9101253EGfg
 1        (70 ILCS 1820/4) (from Ch. 19, par. 854)
 2        Sec.  4.  The  Port District has the following rights and
 3    powers:
 4        1.  To  issue  permits:  for  the  construction  of   all
 5    wharves,   piers,   dolphins,   booms,   weirs,  breakwaters,
 6    bulkheads, jetties, bridges or other structures of any  kind,
 7    over,  under,  in,  or within 40 feet of any navigable waters
 8    within the Port District; for the  deposit  of  rock,  earth,
 9    sand  or  other  material,  or  any  matter  of  any  kind or
10    description in said waters; except that nothing contained  in
11    this paragraph 1 shall be construed so that it will be deemed
12    necessary  to  obtain  a  permit  from  the  District for the
13    erection, operation or maintenance of any bridge  crossing  a
14    waterway  which  serves  as  a  boundary between the State of
15    Illinois and any other state, when said  erection,  operation
16    or maintenance is performed by any city within the District;
17        2.  To   prevent  or  remove  obstructions  in  navigable
18    waters, including the removal of wrecks;
19        3.  To locate and  establish  dock  lines  and  shore  or
20    harbor lines;
21        4.  To regulate the anchorage, moorage and speed of water
22    borne  vessels  and  to establish and enforce regulations for
23    the operation of bridges, except nothing  contained  in  this
24    paragraph 4 shall be construed to give the District authority
25    to  regulate  the operation of any bridge crossing a waterway
26    which serves as a boundary between the State of Illinois  and
27    any  other  state,  when such operation is performed or to be
28    performed by any city within the District;
29        5.  To  acquire,  own,  construct,  lease,  operate   and
30    maintain  terminals, terminal facilities and port facilities,
31    and to fix and collect just, reasonable and nondiscriminatory
32    charges for the use  of  such  facilities.   The  charges  so
33    collected  shall be used to defray the reasonable expenses of
34    the Port District and to pay the principal of and interest on
 
SB745 Engrossed             -516-              LRB9101253EGfg
 1    any revenue bonds issued by the District;
 2        6.  To locate, establish and maintain a  public  airport,
 3    public  airports  and  public  airport  facilities within its
 4    corporate limits or within or upon any body of water adjacent
 5    thereto,  and  to  construct,  develop,  expand,  extend  and
 6    improve any such airport or airport facility;
 7        7.  To operate, maintain, manage, lease, sublease, and to
 8    make and enter into  contracts  for  the  use,  operation  or
 9    management  of, and to provide rules and regulations for, the
10    operation, management or use of, any public airport or public
11    airport facility;
12        8.  To fix, charge and collect reasonable rentals, tolls,
13    fees, and charges for the use of any public airport,  or  any
14    part thereof, or any public airport facility;
15        9.  To  establish,  maintain, extend and improve roadways
16    and approaches by land, water or air to any such airport  and
17    to   contract   or  otherwise  provide,  by  condemnation  if
18    necessary, for the removal  of  any  airport  hazard  or  the
19    removal  or  relocation  of all private structures, railways,
20    mains,  pipes,  conduits,  wires,  poles,   and   all   other
21    facilities   and  equipment  which  may  interfere  with  the
22    location, expansion, development, or improvement of  airports
23    or  with  the  safe  approach thereto or takeoff therefrom by
24    aircraft, and to pay the cost of removal or relocation;  and,
25    subject  to the "Airport Zoning Act", approved July 17, 1945,
26    as amended, to adopt, administer and enforce  airport  zoning
27    regulations  for  territory  which  is  within  its corporate
28    limits or which extends not more  than  2  miles  beyond  its
29    corporate limits;
30        10.  To  restrict  the  height  of  any object of natural
31    growth or structure or structures within the vicinity of  any
32    airport  or  within  the  lines of an approach to any airport
33    and, when necessary, for the reduction in the height  of  any
34    such existing object or structure, to enter into an agreement
 
SB745 Engrossed             -517-              LRB9101253EGfg
 1    for such reduction or to accomplish same by condemnation;
 2        11.  To  agree  with  the State or federal governments or
 3    with  any  public  agency  in  respect  to  the  removal  and
 4    relocation of any object of natural growth, airport hazard or
 5    any structure or building within the vicinity of any  airport
 6    or  within  an  approach  and  which  is  owned or within the
 7    control of such government or agency and to  pay  all  or  an
 8    agreed portion of the cost of such removal or relocation;
 9        12.  For the prevention of accidents, for the furtherance
10    and  protection  of  public health, safety and convenience in
11    respect to aeronautics, for the protection  of  property  and
12    persons  within  the  District  from  any  hazard or nuisance
13    resulting from the flight of aircraft, for the prevention  of
14    interference  between,  or  collision  of,  aircraft while in
15    flight or upon the ground, for the prevention or abatement of
16    nuisances in the air or upon the ground or for the  extension
17    of increase in the usefulness or safety of any public airport
18    or  public  airport  facility  owned  by  the  District,  the
19    District  may  regulate  and  restrict the flight of aircraft
20    while within or  above  the  incorporated  territory  of  the
21    District;
22        13.  To   police  its  physical  property  only  and  all
23    waterways and to exercise police powers in respect thereto or
24    in respect to the  enforcement  of  any  rule  or  regulation
25    provided  by the ordinances of the District and to employ and
26    commission police officers and  other  qualified  persons  to
27    enforce  the  same.   The  use  of any such public airport or
28    public airport facility of the District shall be  subject  to
29    the  reasonable  regulation  and  control of the District and
30    upon  such  reasonable  terms  and  conditions  as  shall  be
31    established by its Board.   A  regulatory  ordinance  of  the
32    District  adopted  under  any  provisions of this Section may
33    provide for a suspension  or  revocation  of  any  rights  or
34    privileges within the control of the District for a violation
 
SB745 Engrossed             -518-              LRB9101253EGfg
 1    of any such regulatory ordinance.  Nothing in this Section or
 2    in  other  provisions  of  this  Act  shall  be  construed to
 3    authorize the Board to establish or enforce any regulation or
 4    rule in respect to aviation, or the operation or  maintenance
 5    of  any airport facility within its jurisdiction, which is in
 6    conflict  with  any  federal  or  state  law  or   regulation
 7    applicable to the same subject matter;
 8        14.  To   enter   into   agreements  with  the  corporate
 9    authorities  or  governing  body  of  any   other   municipal
10    corporation or any political subdivision of this State to pay
11    the   reasonable   expense  of  services  furnished  by  such
12    municipal corporation or  political  subdivision  for  or  on
13    account of income producing properties of the District;
14        15.  To  enter  into contracts dealing in any manner with
15    the objects and purposes of this Act;
16        16.  To acquire, own, lease, sell or otherwise dispose of
17    interests in and to real property and  improvements  situated
18    thereupon  and  in personal property necessary to fulfill the
19    purposes of the District;
20        17.  To designate the fiscal year for the District;
21        18.  To engage in any  activity  or  operation  which  is
22    incidental  to  and  in furtherance of efficient operation to
23    accomplish the District's primary purpose;
24        19.  To build, construct, repair and maintain levees;.
25        20.  To  enter  into  agreements  with  banks  and  other
26    lending institutions guaranteeing the contract performance of
27    a person or other business entity doing  or  planning  to  do
28    business in the Jackson County and Union County area;.
29        21.  To  make  and  give  grants  to a person or business
30    entity doing or planning to do business in the Jackson County
31    and Union County area;.
32        22.  To acquire,  own,  construct,  lease,  operate,  and
33    maintain industrial plants and facilities, including, but not
34    limited   to,   ethanol   plants   and  facilities,  and  the
 
SB745 Engrossed             -519-              LRB9101253EGfg
 1    by-products therefrom, within the confines of Jackson  County
 2    and  Union County.  The charges so collected shall be used to
 3    defray the reasonable expenses of the Port  District  and  to
 4    pay the principal and interest of any revenue bonds issued by
 5    the district.
 6    (Source:  P.A.  89-29,  eff.  6-23-95;  89-78,  eff. 6-30-95;
 7    revised 10-31-98.)

 8        Section 93.  The Sanitary District Act of 1917 is amended
 9    by changing Sections 22a.18, 22a.36, and 25 as follows:

10        (70 ILCS 2405/22a.18) (from Ch. 42, par. 317d.19)
11        Sec. 22a.18.   Notice  by  publication.   Petitioner,  in
12    addition to other required notices, shall publish a notice at
13    least  twice,  not  more  than  30  nor  less than 15 days in
14    advance of the time at which confirmation  of  the  specified
15    assessment  is  to be sought, in a newspaper having a general
16    circulation  within  the  district.   The   notice   may   be
17    substantially as follows:
18                     "SPECIAL ASSESSMENT NOTICE
19        Notice is hereby given to all persons interested that the
20    board  of  trustees  of the ........ sanitary district having
21    ordered that (here insert a brief description of  the  nature
22    of  the improvement), the ordinance for the improvement being
23    on file in the office of the district clerk,  having  applied
24    to  the  circuit court of ....... County for an assessment of
25    the costs of the improvement, according to benefits,  and  an
26    assessment  therefor  having  been  made and returned to that
27    court, the final hearing  thereon  will  be  had  on  (insert
28    date),  the  .....  day  of  .........,  19....,  at  .......
29    o'clock,  or  as soon thereafter as the business of the court
30    will permit.  All persons desiring  may  file  objections  in
31    that  court before that day and may appear on the hearing and
32    make their defense."
 
SB745 Engrossed             -520-              LRB9101253EGfg
 1        Where the assessment  is  payable  in  installments,  the
 2    number  of  installments and the rate of interest also may be
 3    stated.
 4    (Source: P.A. 85-1137; revised 10-20-98.)

 5        (70 ILCS 2405/22a.36) (from Ch. 42, par. 317d.37)
 6        Sec.  22a.36.    Collector's   notice.    The   collector
 7    receiving  such a warrant shall give notice thereof within 30
 8    days by publishing a notice at least  twice  in  a  newspaper
 9    having  a  general  circulation  within  the  district.  This
10    notice may be substantially in the following form:
11                     "SPECIAL ASSESSMENT NOTICE
12        Notice is hereby given that the  (here  insert  title  of
13    court)  has  rendered  judgment  for a special assessment (or
14    special  tax)  upon  property  benefited  by  the   following
15    improvement:    (here  briefly  describe  the  character  and
16    location of the improvement in general terms)  as  will  more
17    fully  appear from the certified copy of the judgment on file
18    in my office; that the warrant for  the  collection  of  this
19    assessment (or special tax) is in my possession.  All persons
20    interested  are  hereby  notified  to call and pay the amount
21    assessed at the collector's office (here insert  location  of
22    office) within 30 days from the date hereof.
23    Dated (insert date). this .... day of .............., 19....
24                                  ...............................
25                                  Collector."

26        When  such  an  assessment or special tax is levied to be
27    paid in installments,  the  notice  shall  also  contain  the
28    aggregate  amount  of  each installment, the rate of interest
29    deferred installments bear and the date when payable.
30    (Source: P.A. 85-1137; revised 10-20-98.)

31        (70 ILCS 2405/25) (from Ch. 42, par. 317g)
32        Sec. 25. The board of trustees of any  sanitary  district
 
SB745 Engrossed             -521-              LRB9101253EGfg
 1    may  arrange  to  provide  for  the  benefit of employees and
 2    trustees  of  the  sanitary  district  group  life,   health,
 3    accident,  hospital  and medical insurance, or any one or any
 4    combination  of  such  types  of  insurance.   The  Board  of
 5    trustees  may  also  elect  to  self  insure  the  district's
 6    employees.  In  the  event  the  board  arranges  to  provide
 7    insurance, such insurance may include provision for employees
 8    and  trustees  who  rely  on treatment by prayer or spiritual
 9    means alone for healing in accordance  with  the  tenets  and
10    practice  of  a  well recognized religious denomination.  The
11    board of trustees may provide for  payment  by  the  sanitary
12    district of the premium or charge for such insurance.
13        If the board of trustees elects to provide the insurance,
14    but  does  not  provide  for  a  plan  pursuant  to which the
15    sanitary district pays the premium or charge  for  any  group
16    insurance  plan,  the  board  of trustees may provide for the
17    withholding and deducting from the compensation  of  such  of
18    the  employees and trustees as consent thereto the premium or
19    charge for any group life,  health,  accident,  hospital  and
20    medical insurance.
21        If  the  board  of  trustees  elects to provide insurance
22    under the provisions of this Section,  it  may  exercise  the
23    powers  granted  in  this  Section  only if the kinds of such
24    group insurance  are  obtained  from  any  insurance  company
25    authorized  to  do  business  in the State of Illinois or any
26    other for-profit or not-for-profit  organization  or  service
27    offering   similar  coverage  including  without  limitation,
28    hospitals, clinics,  health  maintenance  organizations,  and
29    physicians'  groups.  The  board  of  trustees  may  enact an
30    ordinance  prescribing  the  method  of  operation   of   the
31    insurance  or  self-insurance  program  and for entering into
32    contracts with for-profit and not-for-profit organizations or
33    services providing health care services.
34    (Source: P.A. 90-655,  eff.  7-30-98;  90-697,  eff.  8-7-98;
 
SB745 Engrossed             -522-              LRB9101253EGfg
 1    revised 9-16-98.)

 2        Section  94.  The Metropolitan Water Reclamation District
 3    Act is amended by changing Sections 4.2 and 220 as follows:

 4        (70 ILCS 2605/4.2) (from Ch. 42, par. 323.2)
 5        Sec. 4.2. There is hereby created and established a civil
 6    service board to consist of 3 persons to be selected  in  the
 7    manner following:
 8        The  governing  authority  or  body  of the such sanitary
 9    district, hereinafter called the trustees, shall on or before
10    January 31, 1952 appoint a civil service board of 3  members,
11    all  of  whom  shall  be persons who are not trustees and not
12    more than 2  of  whom  shall  be  affiliated  with  the  same
13    political  party.   Each  member  shall have been a qualified
14    elector of  the  sanitary  district  for  at  least  5  years
15    immediately prior to his or her appointment and shall believe
16    firmly in the merit system of government.  No person shall be
17    appointed to the civil service board who has held an elective
18    public office or a position in a political party within the 2
19    years immediately prior to his or her appointment.  No member
20    of the board shall be a member of a committee in any partisan
21    political  club  or  organization,  or  shall  hold  or  be a
22    candidate for any elective public office.
23        Of the members so appointed, one shall be appointed for a
24    term of 2 years, one for a term of 4 years and one for a term
25    of 6  years  beginning  February  1,  1952.   All  subsequent
26    appointments  shall  be for 6 year terms beginning February 1
27    of the year in which the antecedent  term  expires.   In  the
28    event  a  vacancy  occurs  shall  occur from any cause in the
29    office of any such member, the unexpired portion of the term
30    thereof shall be filled by appointment within 60 days by the
31    said trustees.  The board shall  elect  from  its  members  a
32    chairman,  vice-chairman and secretary.  Each shall serve for
 
SB745 Engrossed             -523-              LRB9101253EGfg
 1    a term of 2 years or until  a  successor  is  elected.   Each
 2    member  of  the  board  shall receive a salary of $15,000 per
 3    annum, except the Chairman, who shall  receive  a  salary  of
 4    $17,500  per  annum.   Two members of the civil service board
 5    shall constitute a quorum, but in no instance shall the board
 6    have authority or exercise responsibility if 60 days after  a
 7    vacancy  exists  on  the  board  it  has  not  been filled by
 8    appointment.
 9        No member of the civil service  board  shall  be  removed
10    except  for  palpable  incompetence  or malfeasance in office
11    upon written charges filed by or  at  the  direction  of  the
12    trustees  and  heard before the trustees sitting as the board
13    of hearings herein provided for.
14        The board of hearings hearing shall  hear  and  determine
15    the charges and its findings shall be final. and  If the such
16      charges  are  shall  be  sustained, the member of the civil
17    service board so charged  shall  be  forthwith  removed  from
18    office  by  the said board of hearings and the trustees shall
19    thereupon proceed within 30 days to fill the vacancy  created
20    by  that  such  removal.   In all proceedings provided for in
21    this Section, the board of hearings and each  member  thereof
22    shall  have  power  to  administer  oaths  and  to  compel by
23    subpoena the attendance and testimony of  witnesses  and  the
24    production of books and papers.
25    (Source: P.A. 87-762; revised 2-24-98.)

26        (70 ILCS 2605/220) (from Ch. 42, par. 349.220)
27        Sec.  220.  District  enlarged.  As of November 14, 1973,
28    the corporate limits of the Metropolitan Sanitary District of
29    Greater Chicago are extended so as  to  embrace  and  include
30    within  the same the territory and tracts of land situated in
31    the County of Cook, State of Illinois, described as follows:
32        Those portions of Sections 19, 20 and 29 lying  South  of
33    the  centerline  of the Little Calumet River, all in Township
 
SB745 Engrossed             -524-              LRB9101253EGfg
 1    36 North, Range 15 East of the Third Principal Meridian; also
 2    all of Sections 30, 31 and 32,  all  in  Township  36  North,
 3    Range  15  East  of the Third Principal Meridian; also all of
 4    Sections 5 and 6, Township 35 North, Range  15  East  of  the
 5    Third Principal Meridian (except those portions thereof which
 6    are  now  within  the  corporate  limits  of the Metropolitan
 7    Sanitary District of Greater Chicago); also the East  1/2  of
 8    Sections  25  and 36, all in Township 36 North, Range 14 East
 9    of  the  Third  Principal  Meridian  (except  those  portions
10    thereof which are now within  the  corporate  limits  of  the
11    Metropolitan Sanitary District of Greater Chicago).
12    (Source: P.A. 87-834; revised 2-24-98.)

13        Section 95.  The Sanitary District Act of 1936 is amended
14    by changing Sections 56 and 74 as follows:

15        (70 ILCS 2805/56) (from Ch. 42, par. 447.20)
16        Sec. 56.  Notice by publication.  Petitioner, in addition
17    to  other  required  notices, shall publish a notice at least
18    twice, not more than 30 nor less than 15 days in  advance  of
19    the time at which confirmation of the specified assessment is
20    to  be  sought,  in  a newspaper having a general circulation
21    within the district.  The  notice  may  be  substantially  as
22    follows:
23                     "SPECIAL ASSESSMENT NOTICE
24        Notice is hereby given to all persons interested that the
25    board  of  trustees  of the ........ sanitary district having
26    ordered that (here insert a brief description of  the  nature
27    of  the improvement), the ordinance for the improvement being
28    on file in the office of the district clerk,  having  applied
29    to  the  circuit court of ....... County for an assessment of
30    the costs of the improvement, according to benefits,  and  an
31    assessment  therefor  having  been  made and returned to that
32    court, the final hearing thereon will be had on (insert date)
 
SB745 Engrossed             -525-              LRB9101253EGfg
 1     the ..... day of ........., 19...., at .......  o'clock,  or
 2    as  soon thereafter as the business of the court will permit.
 3    All persons desiring may file objections in that court before
 4    that day and  may  appear  on  the  hearing  and  make  their
 5    defense."

 6        Where  the  assessment  is  payable  in installments, the
 7    number of installments and the rate of interest also  may  be
 8    stated.
 9    (Source: P.A. 85-1137; revised 10-20-98.)

10        (70 ILCS 2805/74) (from Ch. 42, par. 447.38)
11        Sec.  74.   Collector's  notice.  The collector receiving
12    such a warrant shall give notice thereof within  30  days  by
13    publishing  a  notice  at least twice in a newspaper having a
14    general circulation within the district.  This notice may  be
15    substantially in the following form:
16                     "SPECIAL ASSESSMENT NOTICE
17        Notice  is  hereby  given  that the (here insert title of
18    court) has rendered judgment for  a  special  assessment  (or
19    special   tax)  upon  property  benefited  by  the  following
20    improvement:   (here  briefly  describe  the  character   and
21    location  of  the  improvement in general terms) as will more
22    fully appear from the certified copy of the judgment on  file
23    in  my  office;  that  the warrant for the collection of this
24    assessment (or special tax) is in my possession.  All persons
25    interested are hereby notified to call  and  pay  the  amount
26    assessed  at  the collector's office (here insert location of
27    office) within 30 days from the date hereof.
28    Dated (insert date). this .... day of .............., 19....
29                                  ...............................
30                                  Collector."

31        When such an assessment or special tax is  levied  to  be
32    paid  in  installments,  the  notice  shall  also contain the
 
SB745 Engrossed             -526-              LRB9101253EGfg
 1    aggregate amount of each installment, the  rate  of  interest
 2    deferred installments bear and the date when payable.
 3    (Source: P.A. 85-1137; revised 10-20-98.)

 4        Section 96.  The Metro-East Sanitary District Act of 1974
 5    is amended by changing Section 4-2 as follows:

 6        (70 ILCS 2905/4-2) (from Ch. 42, par. 504-2)
 7        Sec.  4-2.   The  Executive  Director  shall be the chief
 8    executive and administrative  officer  of  the  district  and
 9    shall   be   responsible   to   the   board  for  the  proper
10    administration of all affairs of the district, including  but
11    not   limited   to,  the  board's  boards's  compliance  with
12    subsection (b) of Section 3-3, and to that end he shall:
13        (1)  Appoint and, when necessary  for  the  good  of  the
14    service,  remove  all officers and employees of the district,
15    except as otherwise provided in this Act, and  except  as  he
16    may  authorize  the head of a department or office to appoint
17    subordinates in such department or office.
18        (2)  Prepare the budget annually and  submit  it  to  the
19    Board   and  be  responsible  for  its  administration  after
20    adoption.
21        (3)  Prepare and submit to the board and  the  Department
22    of  Natural  Resources,  as  of the end of the fiscal year, a
23    complete report of the finances and administrative activities
24    of the district and all subdistricts for the year, and submit
25    any interim reports that the Department of Natural  Resources
26    requests.
27        (4)  Keep the board advised of the financial condition of
28    the  district  and  all subdistricts and make recommendations
29    concerning their future needs.
30        (5)  Attend all meetings of the board and, in so  far  as
31    possible, its committees.
32        (6)  Enforce  all  district  ordinances  and see that all
 
SB745 Engrossed             -527-              LRB9101253EGfg
 1    contracts are faithfully performed.
 2        (7)  Advise,  assist,  and  cooperate  in  fostering  the
 3    interest of institutions of learning and civic, professional,
 4    and employee organizations in the  improvement  of  personnel
 5    standards and conditions in the district.
 6        (8)  Perform  such  other  duties as may be prescribed by
 7    this Act or required of him by the  board,  not  inconsistent
 8    with this Act.
 9    (Source: P.A. 89-445, eff. 2-7-96; revised 2-24-98.)

10        Section 97.  The Regional Transportation Authority Act is
11    amended  by changing Sections 2.08, 2.16, 4.03.1, and 4.09 as
12    follows:

13        (70 ILCS 3615/2.08) (from Ch. 111 2/3, par. 702.08)
14        Sec. 2.08. Protection Against Crime.  The Authority shall
15    cooperate with the various State,  municipal,  sheriff's  and
16    transportation  agency  police  forces  in  the  metropolitan
17    region  for  the  protection  of  employees  and consumers of
18    public  transportation  services  and  public  transportation
19    facilities  against  crime.  The  Authority  may  provide  by
20    ordinance for an Authority police force  to  aid,  coordinate
21    and  supplement other police forces in protecting persons and
22    property and reducing the threats of  crime  with  regard  to
23    public  transportation.   Such  police  shall  have  the same
24    powers with regard to such protection of persons and property
25    as those  exercised  by  police  of  municipalities  and  may
26    include  members  of  other police forces in the metropolitan
27    region.  The Authority shall establish minimum standards  for
28    selection  and  training  of  members  of  such  police force
29    employed by it.  Training shall be  accomplished  at  schools
30    certified by the Illinois Local Governmental Law Enforcement
31    Officers and Training Standards Board established pursuant to
32    the "Illinois Police Training Act", approved August 18, 1965,
 
SB745 Engrossed             -528-              LRB9101253EGfg
 1    as  now or hereafter amended.  Such training shall be subject
 2    to the rules and standards adopted pursuant to Section  7  of
 3    that  Act.   The  Authority  may  participate in any training
 4    program conducted under that Act.  The Authority may  provide
 5    for  the  coordination  or consolidation of security services
 6    and  police  forces  maintained   with   regard   to   public
 7    transportation    services    and   facilities   by   various
 8    transportation   agencies   and   may   contract   with   any
 9    municipality or county in the metropolitan region to  provide
10    protection  of  persons  or  property  with  regard to public
11    transportation.   Employees  of  the  Authority  or  of   any
12    transportation agency affected by any action of the Authority
13    under this Section shall be provided the protection set forth
14    in  Section  2.16.   Neither  the Authority, the Suburban Bus
15    Division, the  Commuter  Rail  Division,  nor  any  of  their
16    Directors,  officers  or  employees  shall be held liable for
17    failure to provide a  security  or  police  force  or,  if  a
18    security  or police force is provided, for failure to provide
19    adequate police protection or security,  failure  to  prevent
20    the  commission of crimes by fellow passengers or other third
21    persons or for the failure to apprehend criminals.
22    (Source: P.A. 84-939; revised 7-10-98.)

23        (70 ILCS 3615/2.16) (from Ch. 111 2/3, par. 702.16)
24        Sec. 2.16. Employee Protection.
25        (a)  The Authority shall insure that  every  employee  of
26    the  Authority or of a Service Board or transportation agency
27    shall receive fair and equitable protection  against  actions
28    of   the  Authority  which  shall  not  be  less  than  those
29    established pursuant to  Section  13(c)  of  the  Urban  Mass
30    Transportation  Act  of  1964,  as  amended  (49  U.S.C. Sec.
31    1609(c)), and Section 405(b) of the  Rail  Passenger  Service
32    Act  of  1970,  as  amended  (45  U.S.C. Sec. 565(b)), and as
33    prescribed  by  the  United   States   Secretary   of   Labor
 
SB745 Engrossed             -529-              LRB9101253EGfg
 1    thereunder,  at  the  time  of  the  protective  agreement or
 2    arbitration decision providing protection.
 3        (b)  The Authority shall negotiate  or  arrange  for  the
 4    negotiation  of such fair and equitable employee arrangements
 5    with the employees, through their accredited  representatives
 6    authorized to act for them. If agreement cannot be reached on
 7    the  terms  of  such  protective  arrangement,  any party may
 8    submit  any  matter  in  dispute  to  arbitration.  In   such
 9    arbitration,  each  party  shall  have  the  right  to select
10    non-voting   arbitration   board   members.   The   impartial
11    arbitrator will  be  selected  by  the  American  Arbitration
12    Association  and  appointed  from  a  current  listing of the
13    membership of  the  National  Academy  of  Arbitrators,  upon
14    request  of  any  party.  The impartial arbitrator's decision
15    shall be final and binding on all parties. Each  party  shall
16    pay   an   equal   proportionate   share   of  the  impartial
17    arbitrator's fees and expenses.
18        (c)  For  purposes  of  Sections  2.15   through   2.19,:
19    "actions  of  the  Authority"  include  its  acquisition  and
20    operation  of public transportation facilities, the execution
21    of purchase of service agreements and  grant  contracts  made
22    under   this   Act   and  the  coordination,  reorganization,
23    combining, leasing, merging of operations or the expansion or
24    curtailment of public transportation service or facilities by
25    the Authority, but does not include a failure or  refusal  to
26    enter into a purchase of service agreement or grant contract.
27    (Source: P.A. 83-886; revised 10-31-98.)

28        (70 ILCS 3615/4.03.1) (from Ch. 111 2/3, par. 704.03.1)
29        Sec.  4.03.1.   (a)  The  Board may impose a tax upon all
30    persons engaged in the business of renting automobiles in the
31    metropolitan region at the rate of not to exceed  1%  of  the
32    gross  receipts from such business within Cook County and not
33    to exceed 1/4% of  the  gross  receipts  from  such  business
 
SB745 Engrossed             -530-              LRB9101253EGfg
 1    within  the Counties of DuPage, Kane, Lake, McHenry and Will.
 2    The tax imposed pursuant to  this  paragraph  and  all  civil
 3    penalties  that  may be assessed as an incident thereof shall
 4    be collected and enforced by the State Department of Revenue.
 5    The certificate  of  registration  which  is  issued  by  the
 6    Department to a retailer under the "Retailers' Occupation Tax
 7    Act",  approved  June  23,  1933,  as  amended,  or under the
 8    "Automobile Renting Occupation and Use Tax Act",  enacted  by
 9    the Eighty-Second General Assembly, shall  permit such person
10    to  engage in a business which is taxable under any ordinance
11    or resolution enacted  pursuant  to  this  paragraph  without
12    registering   separately   with  the  Department  under  such
13    ordinance  or  resolution  or  under  this   paragraph.   The
14    Department  shall  have  full power to administer and enforce
15    this  paragraph; to  collect  all  taxes  and  penalties  due
16    hereunder;  to dispose of taxes and penalties so collected in
17    the manner hereinafter provided, and to determine all  rights
18    to  credit  memoranda,  arising  on  account of the erroneous
19    payment of tax or penalty hereunder.  In  the  administration
20    of,  and  compliance with, this paragraph, the Department and
21    persons who are subject to this paragraph shall have the same
22    rights, remedies, privileges, immunities, powers and  duties,
23    and   be   subject  to  the  same  conditions,  restrictions,
24    limitations, penalties and definitions of terms,  and  employ
25    the  same modes of procedure, as are prescribed in Sections 2
26    and 3 (in respect to all provisions therein  other  than  the
27    State rate of tax; and with relation to the provisions of the
28    "Retailers' Occupation Tax" referred to therein, except as to
29    the  disposition of taxes and penalties collected, and except
30    for the provision allowing retailers a deduction from the tax
31    cover certain costs, and except that credit memoranda  issued
32    hereunder  may  not  be  used  to  discharge  any  State  tax
33    liability)  of the "Automobile Renting Occupation and Use Tax
34    Act", enacted by the Eighty-Second General Assembly,  as  the
 
SB745 Engrossed             -531-              LRB9101253EGfg
 1    same  are  now  or  may  hereafter be amended, as fully as if
 2    provisions contained in those Sections of said Act  were  set
 3    forth  herein. Persons subject to any tax imposed pursuant to
 4    the  authority  granted  in  this  paragraph  may   reimburse
 5    themselves  for  their  tax liability hereunder by separately
 6    stating such tax as an additional charge, which charge may be
 7    stated in combination, in a single  amount,  with  State  tax
 8    which  sellers  are required to collect under the "Automobile
 9    Renting Occupation and Use Tax Act" pursuant to such  bracket
10    schedules  as  the  Department may prescribe. Nothing in this
11    paragraph shall be construed to authorize  the  Authority  to
12    impose  a  tax upon the privilege of engaging in any business
13    which under the Constitution of the United States  State  may
14    not be made the subject of taxation by this State.
15        (b)  The  Board  may  impose  a tax upon the privilege of
16    using, in the metropolitan  region  an  automobile  which  is
17    rented from a renter outside Illinois, and which is titled or
18    registered  with  an  agency of this State's government, at a
19    rate not to exceed 1% of the rental price of such  automobile
20    within  the  County  of  Cook,  and not to exceed 1/4% of the
21    rental price within  the  counties  of  DuPage,  Kane,  Lake,
22    McHenry  and  Will.  Such tax shall be collected from persons
23    whose Illinois address for titling or  registration  purposes
24    is given as being in the  metropolitan region. Such tax shall
25    be  collected  by  the Department of Revenue for the Regional
26    Transportation Authority. Such tax must be paid to the State,
27    or an exemption  determination  must  be  obtained  from  the
28    Department  of  Revenue,  before  the title or certificate of
29    registration for the property may be issued. The tax or proof
30    of exemption may be transmitted to the Department by  way  of
31    the  State agency with which, or State officer with whom, the
32    tangible personal property must be titled  or  registered  if
33    the  Department  and  such  agency or State officer determine
34    that  this  procedure  will  expedite   the   processing   of
 
SB745 Engrossed             -532-              LRB9101253EGfg
 1    applications  for title or registration. The Department shall
 2    have full power to administer and enforce this paragraph;  to
 3    collect  all  taxes, penalties and interest due hereunder; to
 4    dispose of taxes, penalties and interest so collected in  the
 5    manner  hereinafter  provided, and to determine all rights to
 6    credit  memoranda  or  refunds  arising  on  account  of  the
 7    erroneous payment of tax, penalty or interest  hereunder.  In
 8    the  administration  of, and compliance with, this paragraph,
 9    the Department and persons who are subject to this  paragraph
10    shall have the same rights, remedies, privileges, immunities,
11    powers  and  duties,  and  be subject to the same conditions,
12    restrictions,  limitations,  penalties  and  definitions   of
13    terms,  and  employ  the  same  modes  of  procedure,  as are
14    prescribed in Sections 2 and 4 (except provisions  pertaining
15    to the State rate of tax; and with relation to the provisions
16    of  the  "Use Tax Act" referred to therein, except provisions
17    concerning collection or refunding of the tax  by  retailers,
18    and  except the provisions of Section 19 pertaining to claims
19    by  retailers  and  except  the  last  paragraph   concerning
20    refunds,  and  except  that credit memoranda issued hereunder
21    may not be used to discharge any State tax liability) of the
22    "Automobile Renting Occupation and Use Tax Act",  enacted  by
23    the  Eighty-Second  General  Assembly, as the same are now or
24    may hereafter be amended, which  are  not  inconsistent  with
25    this  paragraph, as fully as if provisions contained in those
26    Sections of said Act were set forth herein.
27        (c) Whenever the  Department  determines  that  a  refund
28    should  be  made  under this Section to a claimant instead of
29    issuing a credit memorandum, the Department shall notify  the
30    State  Comptroller, who shall cause the order to be drawn for
31    the amount specified,  and  to  the  person  named,  in  such
32    notification  from  the Department. Such refund shall be paid
33    by the State Treasurer out  of  the  Regional  Transportation
34    Authority  tax  fund created pursuant to Section 4.03 of this
 
SB745 Engrossed             -533-              LRB9101253EGfg
 1    Act.
 2        (d)  The Department shall forthwith pay over to the State
 3    Treasurer, ex-officio, as trustee, all taxes,  penalties  and
 4    interest  collected under this Section. On or before the 25th
 5    day of each calendar month, the Department shall prepare  and
 6    certify to the State Comptroller the amount to be paid to the
 7    Authority. The State Department of Revenue shall also certify
 8    to the Authority the amount of taxes collected in each County
 9    other  than  Cook  County in the metropolitan region less the
10    amount necessary for the payment of refunds to  taxpayers  in
11    such  County.   With  regard  to  the  County  of  Cook,  the
12    certification  shall  specify  the  amount of taxes collected
13    within the City of Chicago less the amount necessary for  the
14    payment  of  refunds  to taxpayers in the City of Chicago and
15    the amount collected in that portion of Cook  County  outside
16    of  Chicago  less  the  amount  necessary  for the payment of
17    refunds to taxpayers in that portion of Cook  County  outside
18    of  Chicago.  The amount to be paid to the Authority shall be
19    the  amount  (not  including  credit   memoranda)   collected
20    hereunder  during  the second preceding calendar month by the
21    Department, and not including an amount equal to  the  amount
22    of  refunds  made  during the second preceding calendar month
23    by the Department on behalf of  the Authority. Within 10 days
24    after receipt, by the State Comptroller, of the  disbursement
25    certification  to  the Authority, the State Comptroller shall
26    cause  the  orders  to  be  drawn  in  accordance  with   the
27    directions contained in such certification.
28        (e)  An ordinance imposing a tax hereunder or effecting a
29    change in the rate thereof shall be effective  on  the  first
30    day  of  the calendar month next following the month in which
31    such ordinance is passed. The Board  shall  transmit  to  the
32    Department  of  Revenue  on  or  not  later than 5 days after
33    passage of the ordinance a certified copy  of  the  ordinance
34    imposing  such  tax whereupon the Department of Revenue shall
 
SB745 Engrossed             -534-              LRB9101253EGfg
 1    proceed to administer and enforce this Section on  behalf  of
 2    the Authority as of the effective date of the ordinance. Upon
 3    a  change  in  rate  of  a  tax levied hereunder, or upon the
 4    discontinuance of the tax, the Board shall, on or  not  later
 5    than  5 days after passage of the ordinance discontinuing the
 6    tax or effecting a change in rate, transmit to the Department
 7    of Revenue a certified copy of the ordinance  effecting  such
 8    change or discontinuance.
 9    (Source: P.A. 83-886; revised 10-31-98.)

10        (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
11        Sec.  4.09.  Public  Transportation Fund and the Regional
12    Transportation Authority Occupation and Use  Tax  Replacement
13    Fund.
14        (a)  As  soon  as  possible  after  the first day of each
15    month, beginning November  1,  1983,  the  Comptroller  shall
16    order  transferred  and the Treasurer shall transfer from the
17    General Revenue Fund to a special fund in the State Treasury,
18    to be known as the "Public  Transportation  Fund"  $9,375,000
19    for  each  month remaining in State fiscal year 1984. As soon
20    as possible after the first day of each month, beginning July
21    1, 1984, upon certification of the Department of Revenue, the
22    Comptroller shall order transferred and the  Treasurer  shall
23    transfer   from  the  General  Revenue  Fund  to  the  Public
24    Transportation Fund  an  amount  equal  to  25%  of  the  net
25    revenue,  before the deduction of the serviceman and retailer
26    discounts pursuant to Section 9 of the Service Occupation Tax
27    Act and Section 3  of  the  Retailers'  Occupation  Tax  Act,
28    realized  from  any  tax imposed by the Authority pursuant to
29    Sections 4.03 and 4.03.1 and 25%  of  the  amounts  deposited
30    into  the  Regional Transportation Authority tax fund created
31    by Section 4.03 of this Act, from the County and Mass Transit
32    District Fund as provided  in  Section  6z-20  of  the  State
33    Finance  Act  and  25%  of  the  amounts  deposited  into the
 
SB745 Engrossed             -535-              LRB9101253EGfg
 1    Regional Transportation  Authority  Occupation  and  Use  Tax
 2    Replacement  Fund  from  the State and Local Sales Tax Reform
 3    Fund as provided in Section 6z-17 of the State  Finance  Act.
 4    Net  revenue  realized  for  a  month  shall  be  the revenue
 5    collected by the State pursuant to Sections 4.03  and  4.03.1
 6    during  the  previous  month  from  within  the  metropolitan
 7    region,  less  the  amount paid out during that same month as
 8    refunds to taxpayers for  overpayment  of  liability  in  the
 9    metropolitan region under Sections 4.03 and 4.03.1.
10        (b)  (1)  All    moneys    deposited    in   the   Public
11        Transportation  Fund  and  the  Regional   Transportation
12        Authority   Occupation  and  Use  Tax  Replacement  Fund,
13        whether deposited pursuant to this Section or  otherwise,
14        are    allocated    to   the   Authority.   Pursuant   to
15        appropriation, the Comptroller, as soon as possible after
16        each monthly transfer provided in this Section and  after
17        each  deposit  into the Public Transportation Fund, shall
18        order the Treasurer to pay to the Authority  out  of  the
19        Public  Transportation  Fund the amount so transferred or
20        deposited. Such amounts paid  to  the  Authority  may  be
21        expended by it for its purposes as provided in this Act.
22             Subject   to  appropriation  to  the  Department  of
23        Revenue, the Comptroller, as soon as possible after  each
24        deposit   into   the  Regional  Transportation  Authority
25        Occupation and Use Tax Replacement Fund provided in  this
26        Section and Section 6z-17 of the State Finance Act, shall
27        order  the  Treasurer  to pay to the Authority out of the
28        Regional Transportation Authority Occupation and Use  Tax
29        Replacement  Fund  the amount so deposited.  Such amounts
30        paid to the Authority may  be  expended  by  it  for  its
31        purposes as provided in this Act.
32             (2)  Provided,  however,  no  moneys deposited under
33        subsection (a) of this Section 4.09 shall  be  paid  from
34        the  Public  Transportation Fund to the Authority for any
 
SB745 Engrossed             -536-              LRB9101253EGfg
 1        fiscal year beginning after the effective  date  of  this
 2        amendatory  Act of 1983 until the Authority has certified
 3        to the Governor, the Comptroller, and the  Mayor  of  the
 4        City  of Chicago that it has adopted for that fiscal year
 5        a budget and financial plan meeting the  requirements  in
 6        Section 4.01(b).
 7        (c)  In  recognition  of  the efforts of the Authority to
 8    enhance the mass transportation facilities under its control,
 9    the State shall  provide  financial  assistance  ("Additional
10    State  Assistance")  in  excess of the amounts transferred to
11    the Authority from the General Revenue Fund under  subsection
12    (a) of this Section.  Additional State Assistance provided in
13    any  State  fiscal  year  shall  not  exceed  the actual debt
14    service payable by the Authority  during  that  State  fiscal
15    year  on  bonds  or notes issued to finance Strategic Capital
16    Improvement  Projects  under  Section  4.04  of   this   Act.
17    Additional  State  Assistance  shall  in  no event exceed the
18    following specified amounts with  respect  to  the  following
19    State fiscal years:
20             1990                  $5,000,000;
21             1991                  $5,000,000;
22             1992                  $10,000,000;
23             1993                  $10,000,000;
24             1994                  $20,000,000;
25             1995                  $30,000,000;
26             1996                  $40,000,000;
27             1997                  $50,000,000;
28             1998                  $55,000,000; and
29             each year thereafter  $55,000,000.
30        (d)  Beginning with State fiscal year 1990 and continuing
31    for  each  State  fiscal year thereafter, the Authority shall
32    annually certify to the State Comptroller and State Treasurer
33    (1) the amount  necessary  and  required,  during  the  State
34    fiscal  year with respect to which the certification is made,
 
SB745 Engrossed             -537-              LRB9101253EGfg
 1    to pay its obligations for debt service  on  all  outstanding
 2    bonds  or  notes  for  Strategic Capital Improvement Projects
 3    issued by the Authority under Section 4.04 of  this  Act  and
 4    (2)  an  estimate of the amount necessary and required to pay
 5    its obligations for debt service for any bonds or  notes  for
 6    Strategic  Capital  Improvement  Projects which the Authority
 7    anticipates it will issue during that State fiscal year.  The
 8    certification  shall  include  a  specific  schedule  of debt
 9    service payments, including  the  date  and  amount  of  each
10    payment  for  all outstanding bonds or notes and an estimated
11    schedule of anticipated debt service for all bonds and  notes
12    it  intends  to issue, if any, during that State fiscal year,
13    including the estimated date and  estimated  amount  of  each
14    payment.    Immediately, upon the issuance of bonds for which
15    an estimated schedule of debt service payments was  prepared,
16    the  Authority shall file an amended certification to specify
17    the actual schedule of debt service payments,  including  the
18    date  and  amount  of  each payment, for the remainder of the
19    State fiscal year.  On the first day of  each  month  of  the
20    State  fiscal  year in which there are bonds outstanding with
21    respect  to  which  the  certification  is  made,  the  State
22    Comptroller shall order transferred and the  State  Treasurer
23    shall  transfer  from  the General Revenue Fund to the Public
24    Transportation Fund the Additional  State  Assistance  in  an
25    amount  equal  to  the  aggregate  of  (1) one-twelfth of the
26    amount required to pay debt service on bonds and notes issued
27    before the beginning of the State fiscal  year  and  (2)  the
28    amount required to pay debt service on bonds and notes issued
29    during  the  fiscal  year,  if  any, divided by the number of
30    months remaining  in  the  fiscal  year  after  the  date  of
31    issuance, or some smaller portion as may be necessary, listed
32    in  subsection  (c)  for the relevant State fiscal year, plus
33    any cumulative deficiencies in transfers  for  prior  months,
34    until  an amount equal to the certified debt service for that
 
SB745 Engrossed             -538-              LRB9101253EGfg
 1    State fiscal year on outstanding bonds or notes for Strategic
 2    Capital Improvement Projects issued by  the  Authority  under
 3    Section  4.04  of this Act has been transferred.  In no event
 4    shall total transfers in any State  fiscal  year  exceed  the
 5    lesser  of  the annual amounts specified in subsection (c) or
 6    the total certified debt  service  on  outstanding  bonds  or
 7    notes  for  Strategic  Capital Improvement Projects issued by
 8    the Authority under Section 4.04 of this Act.
 9        (e)  Additional State  Assistance  may  not  be  pledged,
10    either  directly  or  indirectly  as  general revenues of the
11    Authority, as security for any bonds issued by the Authority.
12    The Authority may not assign its right to receive  Additional
13    State  Assistance  or  direct  payment  of  Additional  State
14    Assistance  to  a trustee or any other entity for the payment
15    of debt service on its bonds.
16        (f)  The certification required under subsection (d) with
17    respect to outstanding bonds and notes of the Authority shall
18    be filed as early as practicable before the beginning of  the
19    State  fiscal  year  to  which it relates.  The certification
20    shall be revised as may be necessary to accurately state  the
21    debt service requirements of the Authority.
22        (g)  Within  6  months  of  the end of the 3 month period
23    ending December 31, 1983, and each  fiscal  year  thereafter,
24    the  Authority  shall  determine whether the aggregate of all
25    system generated revenues for public  transportation  in  the
26    metropolitan  region  which is provided by, or under grant or
27    purchase of service contracts with, the Service Boards equals
28    50% of the aggregate of all costs of  providing  such  public
29    transportation.   "System generated revenues" include all the
30    proceeds  of  fares  and  charges  for   services   provided,
31    contributions    received    in    connection   with   public
32    transportation from units of local government other than  the
33    Authority  and  from  the State pursuant to subsection (9) of
34    Section 49.19 of the Civil Administrative Code  of  Illinois,
 
SB745 Engrossed             -539-              LRB9101253EGfg
 1    and  all  other  revenues  properly  included consistent with
 2    generally accepted accounting principles but may not  include
 3    the  proceeds  from  any borrowing. "Costs" include all items
 4    properly  included  as  operating   costs   consistent   with
 5    generally    accepted    accounting   principles,   including
 6    administrative  costs,  but  do  not  include:  depreciation;
 7    payment of principal and interest on bonds,  notes  or  other
 8    evidences of obligations for borrowed money of the Authority;
 9    payments  with  respect  to  public transportation facilities
10    made pursuant to subsection (b) of  Section  2.20  2-20;  any
11    payments  with  respect  to rate protection contracts, credit
12    enhancements or liquidity agreements made under Section 4.14;
13    any other cost as to which it is reasonably expected  that  a
14    cash  expenditure  will  not  be made; costs up to $5,000,000
15    annually for passenger security including grants,  contracts,
16    personnel,  equipment  and administrative expenses, except in
17    the case of the Chicago Transit Authority, in which case  the
18    term does not include costs spent annually by that entity for
19    protection  against  crime  as required by Section 27a of the
20    Metropolitan Transit Authority Act; or costs as  exempted  by
21    the  Board for projects pursuant to Section 2.09 of this Act.
22    If said system generated revenues are less than 50%  of  said
23    costs, the Board shall remit an amount equal to the amount of
24    the  deficit  to  the  State. The Treasurer shall deposit any
25    such payment in the General Revenue Fund.
26        (h)  If the Authority makes  any  payment  to  the  State
27    under  paragraph  (g),  the Authority shall reduce the amount
28    provided to a Service  Board  from  funds  transferred  under
29    paragraph  (a)  in  proportion  to  the  amount by which that
30    Service Board failed to meet its  required  system  generated
31    revenues recovery ratio. A Service Board which is affected by
32    a reduction in funds under this paragraph shall submit to the
33    Authority  concurrently  with its next due quarterly report a
34    revised budget incorporating the  reduction  in  funds.   The
 
SB745 Engrossed             -540-              LRB9101253EGfg
 1    revised  budget  must  meet the criteria specified in clauses
 2    (i) through (vi) of  Section  4.11(b)(2).   The  Board  shall
 3    review  and  act on the revised budget as provided in Section
 4    4.11(b)(3).
 5    (Source:  P.A.  86-16;  86-463;  86-928;  86-1028;   86-1481;
 6    87-764; revised 10-31-98.)

 7        Section 98.  The Illinois Local Library Act is amended by
 8    changing  Sections  3-1,  3-4,  and  4-7  and  the caption to
 9    Article 4 as follows:

10        (75 ILCS 5/3-1) (from Ch. 81, par. 3-1)
11        Sec. 3-1.  In any city of 500,000 or  fewer  inhabitants,
12    the  corporate  authorities  shall  levy  a  tax  for library
13    purposes of not to exceed  .15%  of  the  value  of  all  the
14    taxable property in the city, as equalized or assessed by the
15    Department  of Revenue. If the annual public library tax rate
16    of an established library was increased above .12% up to .20%
17    prior  to  1972  as  provided  in  this  Act,  the  corporate
18    authorities shall then levy up to an  additional  .03%  above
19    the increased rate approved at the election. If, however, the
20    corporate authorities desire to increase the tax rate but not
21    in  excess  of .60% of value for such purposes, the corporate
22    authorities may, by ordinance, stating the tax rate  desired,
23    direct  that  a proposition be submitted to the voters of the
24    city at any regular election. The  proposition  shall  be  in
25    substantially  the  form  prescribed  in  Section  3-3.  If a
26    majority of the votes cast upon the proposition are in  favor
27    thereof,   the  corporate  authorities  may  thereafter  levy
28    annually  a  tax  for  library  purposes  at  the  authorized
29    increased rate.  Any tax levied pursuant to Section 3-9 shall
30    be disregarded in applying the provisions of this Section.
31        The corporate authorities may also levy an additional tax
32    of .02% of the value of all the taxable property in the city,
 
SB745 Engrossed             -541-              LRB9101253EGfg
 1    as equalized or assessed by the Department  of  Revenue,  for
 2    the purchase of sites and buildings, for the construction and
 3    equipment  of buildings, for the rental of buildings required
 4    for  library  purposes,  and  for  maintenance,  repairs  and
 5    alterations of library buildings and equipment. In  any  year
 6    in  which  the  corporate  authorities  propose  to levy such
 7    additional .02% tax, the corporate authorities shall adopt  a
 8    resolution  determining  to  levy  such  tax.  Within 15 days
 9    after the adoption of the resolution, it shall  be  published
10    at  least  once  in  one  or more newspapers published in the
11    city, or if no newspaper is published therein, then in one or
12    more newspapers with a general circulation within  the  city.
13    In a city in which no newspaper is published, publication may
14    instead be made by posting a notice in three prominent places
15    within the city. The publication or posting of the resolution
16    shall  include  a notice of (1) the specific number of voters
17    required to sign a petition requesting that the  question  of
18    the  adoption  of the resolution be submitted to the electors
19    of the city; (2) the time  in  which  the  petition  must  be
20    filed;  and  (3) the date of the prospective referendum.  The
21    city clerk shall provide a petition form  to  any  individual
22    requesting  one.  If  no petition is filed with the corporate
23    authorities within 30 days after publication  or  posting  of
24    the  resolution,  or if all petitions so filed are determined
25    to  be  invalid  or  insufficient  the  city  shall  then  be
26    authorized to levy the tax.  However, if within  the  30  day
27    period,  a  petition is filed with the corporate authorities,
28    signed by electors of the city equal in number to 10% or more
29    of the total number of registered voters in the city,  asking
30    that  the question of levying such a .02% tax be submitted to
31    the electors of the city, the question shall be submitted  at
32    an  election.    Notice  of this referendum shall be given as
33    provided by the general election laws of the state,  and  the
34    referendum  shall  be held in all respects in accordance with
 
SB745 Engrossed             -542-              LRB9101253EGfg
 1    those laws.  The proposition shall be  in  substantially  the
 2    following form:  "Shall the corporate authorities of (name of
 3    city)  be  authorized  to levy an additional tax of ....% for
 4    the construction of buildings, provision of sites,  etc.,  as
 5    determined by resolution dated (insert date) of ............,
 6    19..?".   If  a  majority of votes cast upon the  proposition
 7    are in favor thereof, the corporate authorities may levy  the
 8    additional tax.
 9    (Source: P.A. 87-767; revised 10-19-98.)

10        (75 ILCS 5/3-4) (from Ch. 81, par. 3-4)
11        Sec.  3-4.   When  the  electors of an incorporated town,
12    village or township have voted to establish  and  maintain  a
13    public  library  as  provided  in  Section 2-2, the corporate
14    authorities of such incorporated town,  village  or  township
15    shall   levy   an   annual  tax  for  the  establishment  and
16    maintenance of such library, not exceeding .15% of the  value
17    as equalized or assessed by the Department of Revenue. If the
18    petition and ballots so specify in the original establishment
19    as  set  forth  in  Section  2-2  of  this Act, the corporate
20    authorities may levy a tax in excess of .15%, not  to  exceed
21    the rate specified in such establishment petition and ballot,
22    but in any event not to exceed .60% of the value as equalized
23    and  assessed  by  the  Department  of Revenue. If the annual
24    public  library  tax  rate  of  an  established  library  was
25    increased above .12% up to .20% prior to 1972 as provided  in
26    this  Act, the corporate authorities shall then levy up to an
27    additional .03% above the  increased  rate  approved  at  the
28    referendum.  Such  tax rate may be increased to not to exceed
29    .60% of the value, as equalized or assessed by the Department
30    of Revenue, or the excess tax shall no longer be  levied,  if
31    the  electors  of such incorporated town, village or township
32    shall so determine by referendum  at  any  regular  election.
33    Such  referendum shall be petitioned for in the manner as the
 
SB745 Engrossed             -543-              LRB9101253EGfg
 1    referendum for  the  establishment  and  maintenance  of  the
 2    library.  Any  tax  levied  pursuant  to Section 3-9 shall be
 3    disregarded in applying the provisions of this Section.
 4        The corporate authorities may also levy an additional tax
 5    of .02% of the value of  all  the  taxable  property  in  the
 6    incorporated  town,  village  or  township,  as  equalized or
 7    assessed by the Department of Revenue, for  the  purchase  of
 8    sites  and  buildings,  for the construction and equipment of
 9    buildings, for the rental of buildings required  for  library
10    purposes,  and  for  maintenance,  repairs and alterations of
11    library buildings and equipment.  In any year  in  which  the
12    corporate  authorities  propose  to levy such additional .02%
13    tax, the  corporate  authorities  shall  adopt  a  resolution
14    determining  to  levy  such  tax.   Within  15 days after the
15    adoption of the resolution, it shall be  published  at  least
16    once  in one or more newspapers published in the incorporated
17    town, village or township, or if no  newspaper  is  published
18    therein,  then  in  one  or  more  newspapers  with a general
19    circulation therein.  In an  incorporated  town,  village  or
20    township  in which no newspaper is published, publication may
21    instead be made  by  posting  a  notice  in  three  prominent
22    places.   The  publication or posting of the resolution shall
23    include a  notice  of  (1)  the  specific  number  of  voters
24    required  to  sign a petition requesting that the question of
25    the adoption of the resolution be submitted to  the  electors
26    of  the  incorporated town, village or township; (2) the time
27    in which the petition must be filed; and (3) the date of  the
28    prospective  referendum.  The clerk of the incorporated town,
29    village or township, shall provide a  petition  form  to  any
30    individual  requesting  one. If no petition is filed with the
31    corporate authorities within 30  days  after  publication  or
32    posting  of the resolution, the incorporated town, village or
33    township shall then be authorized to levy the tax.   However,
34    if  within  the  30  day period, a petition is filed with the
 
SB745 Engrossed             -544-              LRB9101253EGfg
 1    corporate authorities, signed by electors of the incorporated
 2    town, village or township equal in number to 10% or  more  of
 3    the  total  number  of  registered voters in the incorporated
 4    town, village  or  township,  asking  that  the  question  of
 5    levying such a .02% tax be submitted to the electors thereof,
 6    the  question  shall  be  submitted  at  a special or general
 7    election.  Notice of this election shall be given as provided
 8    by the general election laws of this state in  force  at  the
 9    time  of  the election, and the election shall be held in all
10    respects in accordance with those laws.  The ballot on  which
11    the  proposition  is  submitted shall be in substantially the
12    following form:  "Shall the corporate authorities of (name of
13    incorporated town, village or township) be authorized to levy
14    an additional tax of ...% for the construction of  buildings,
15    provision  of  sites, etc., as determined by resolution dated
16    (insert date) of ....., 19?".  If a majority  of  votes  cast
17    upon  the  proposition  are  in  favor thereof, the corporate
18    authorities may levy the additional tax.
19    (Source: P.A. 87-767; revised 10-19-98.)

20        (75 ILCS 5/Art. 4 heading)
21                    ARTICLE 4. TRUSTEES DIRECTORS

22        (75 ILCS 5/4-7) (from Ch. 81, par. 4-7)
23        Sec. 4-7.  Each board of  library  trustees  of  a  city,
24    incorporated  town,  village  or township shall carry out the
25    spirit and intent of this Act in establishing, supporting and
26    maintaining a  public  library  or  libraries  for  providing
27    library  service  and,  in  addition  to but without limiting
28    other powers conferred by this Act, shall have the  following
29    powers:
30             1.  To   make  and  adopt  such  bylaws,  rules  and
31        regulations,  for  their  own  guidance   and   for   the
32        government  of  the  library  as  may  be  expedient, not
 
SB745 Engrossed             -545-              LRB9101253EGfg
 1        inconsistent with this Act;
 2             2.  To have the exclusive control of the expenditure
 3        of all moneys collected for the library and deposited  to
 4        the credit of the library fund;
 5             3.  To   have   the   exclusive   control   of   the
 6        construction   of   any   library  building  and  of  the
 7        supervision, care and custody of the  grounds,  rooms  or
 8        buildings  constructed,  leased  or  set  apart  for that
 9        purpose;
10             4.  To purchase or lease real or personal  property,
11        and to construct an appropriate building or buildings for
12        the use of a library established hereunder, using, at the
13        board's  option,  contracts  providing for all or part of
14        the consideration to  be  paid  through  installments  at
15        stated intervals during a certain period not to exceed 20
16        years  with  interest on the unpaid balance at any lawful
17        rate for municipal corporations  in  this  State,  except
18        that  contracts  for installment purchases of real estate
19        shall  provide  for  not  more  than  75%  of  the  total
20        consideration to be repaid by installments, and to refund
21        at  any  time  any  installment  contract  entered   into
22        pursuant  to  this paragraph by means of a refunding loan
23        agreement, which may provide for installment payments  of
24        principal  and  interest  to  be made at stated intervals
25        during a certain period not to exceed 20 years  from  the
26        date  of  such refunding loan agreement, with interest on
27        the unpaid principal  balance  at  any  lawful  rate  for
28        municipal  corporations  in  this  State,  except that no
29        installment contract or refunding loan agreement for  the
30        same  property  or  construction  project  may  exceed an
31        aggregate of 20 years;
32             5.  To remodel or reconstruct a building erected  or
33        purchased by the board, when such building is not adapted
34        to its purposes or needs;
 
SB745 Engrossed             -546-              LRB9101253EGfg
 1             6.  To  sell  or  otherwise  dispose  of any real or
 2        personal property that it deems no  longer  necessary  or
 3        useful  for  library purposes, and to lease to others any
 4        real property not immediately useful but for which  plans
 5        for  ultimate  use  have  been or will be adopted but the
 6        corporate authorities  shall  have  the  first  right  to
 7        purchase  or lease except that in the case of the City of
 8        Chicago, this power shall be governed and limited by  the
 9        Chicago  Public  Library  Act  "An  Act  to authorize the
10        Chicago public library to erect  and  maintain  a  public
11        library  on  Dearborn Park in the city of Chicago, and to
12        authorize the Soldiers'  Home  in  Chicago  to  sell  and
13        dispose  of  its interest in the north one-quarter of the
14        said park", approved June 2, 1891, as amended;
15             7.  To appoint and to  fix  the  compensation  of  a
16        qualified librarian, who shall have the authority to hire
17        such  other  employees  as may be necessary, to fix their
18        compensation, and to remove such appointees,  subject  to
19        the  approval  of the board, but these powers are subject
20        to Division 1 of Article 10  of  the  Illinois  Municipal
21        Code  in  municipalities  in  which  that  Division is in
22        force.   The  board   may   also   retain   counsel   and
23        professional consultants as needed;
24             8.  To   contract   with   any   public  or  private
25        corporation or entity for the  purpose  of  providing  or
26        receiving  library  service  or of performing any and all
27        other  acts  necessary  and  proper  to  carry  out   the
28        responsibilities,  the spirit, and the provisions of this
29        Act.  This contractual power includes, but is not limited
30        to, participating  in  interstate  library  compacts  and
31        library  systems, contracting to supply library services,
32        and  expending  of  any  federal  or  State  funds   made
33        available to any county, municipality, township or to the
34        State  of  Illinois  for library purposes.  However, if a
 
SB745 Engrossed             -547-              LRB9101253EGfg
 1        contract is  for  the  supply  of  library  services  for
 2        residents  without a public library established under the
 3        provisions of this Act, the terms of that  contract  will
 4        recognize  the principle of equity or cost of services to
 5        non-residents expressed in this Section of this Act,  and
 6        will  provide for the assumption by the contracting party
 7        receiving the services of  financial  responsibility  for
 8        the  loss  of or damage to any library materials provided
 9        to non-residents under the contract;
10             9.  To join with the board or boards of any  one  or
11        more libraries in this State in maintaining libraries, or
12        for the maintenance of a common library or common library
13        services  for  participants,  upon  such  terms as may be
14        agreed upon by and between the boards;
15             10.  To enter into contracts and to  take  title  to
16        any  property  acquired by it for library purposes by the
17        name and style of "The Board of Library Trustees  of  the
18        (city,  village,  incorporated town or township) of ...."
19        and by that name to sue and be sued;
20             11.  To exclude from the  use  of  the  library  any
21        person  who wilfully violates the rules prescribed by the
22        board;
23             12.  To  extend  the  privileges  and  use  of   the
24        library,  including  the  borrowing  of  materials  on an
25        individual basis by persons residing outside of the city,
26        incorporated town, village or  township.   If  the  board
27        exercises  this power, the privilege of library use shall
28        be upon such terms and conditions as the board shall from
29        time to time by its regulations prescribe, and  for  such
30        privileges  and use, the board shall charge a nonresident
31        fee at least equal to the cost paid by residents  of  the
32        city,  incorporated  town,  village or township, with the
33        cost  to  be  determined   according   to   the   formula
34        established   by   the   Illinois   State  Library.   The
 
SB745 Engrossed             -548-              LRB9101253EGfg
 1        nonresident cards shall allow  for  borrowing  privileges
 2        only  at  the  library  where  the card was issued.   The
 3        nonresident fee shall not  apply  to  privilege  and  use
 4        provided under the terms of the library's membership in a
 5        library  system  operating  under  the  provisions of the
 6        Illinois Library System  Act,  under  the  terms  of  any
 7        reciprocal agreement with a public or private corporation
 8        or   entity   providing   a  library  service,  or  to  a
 9        nonresident  who  as  an  individual  or  as  a  partner,
10        principal stockholder, or other joint owner owns  taxable
11        property   or  is  a  senior  administrative officer of a
12        firm,  business,  or  other  corporation  owning  taxable
13        property within the city, incorporated town,  village  or
14        township  upon  the  presentation  of the most recent tax
15        bill  upon  that  taxable  property,  provided  that  the
16        privilege and use of the library is extended to only  one
17        such   nonresident   for  each  parcel  of  such  taxable
18        property;
19             13.  To exercise the power of eminent domain subject
20        to the prior approval of the corporate authorities  under
21        Sections 5-1 and 5-2 of this Act;
22             14.  To  join  the public library as a member and to
23        join the library trustees  as  members  in  the  Illinois
24        Library Association and the American Library Association,
25        non-profit,     non-political,     501(c)(3)    (501-C-3)
26        associations,  as  designated  by  the  federal  Internal
27        Revenue  Service,   having   the   purpose   of   library
28        development and librarianship; to provide for the payment
29        of  annual  membership dues, fees and assessments and act
30        by, through and in the name of  such  instrumentality  by
31        providing  and  disseminating  information  and  research
32        services, employing personnel and doing any and all other
33        acts for the purpose of improving library development;
34             15.  To  invest  funds  pursuant to the Public Funds
 
SB745 Engrossed             -549-              LRB9101253EGfg
 1        Investment Act "An Act relating to certain investments of
 2        public funds by public agencies", approved July 23, 1943,
 3        as amended;
 4             16.  To accumulate and set apart  as  reserve  funds
 5        portions  of  the  unexpended  balances  of  the proceeds
 6        received annually from taxes or other  sources,  for  the
 7        purpose  of  providing self-insurance against liabilities
 8        relating to the public library.
 9    (Source: P.A. 88-253; revised 10-31-98.)

10        Section 99.  The Illinois Library System Act  is  amended
11    by changing Sections 5, 7, and 8.1 as follows:

12        (75 ILCS 10/5) (from Ch. 81, par. 115)
13        Sec.  5.   Each  cooperative  public  library  system  or
14    multitype   library   system   created  by  conversion  of  a
15    cooperative public library system as provided in Section 4  2
16    of  this  Act  shall  be  governed  by  a  board of directors
17    numbering at least  5  and  no  more  than  15  persons.   In
18    cooperative  public  library  systems  the  members  shall be
19    elected  or  selected  from  the  governing  boards  of   the
20    participating public libraries.  In multitype library systems
21    the  board  shall be representative of the variety of library
22    interests in the system, and at least  a  majority  shall  be
23    elected  or  selected from the governing boards of the member
24    public  libraries,  with   not   more   than   one   director
25    representing   a   single  member  library.   The  number  of
26    directors, the manner of election or selection, the  term  of
27    office  and  the  provision  for  filling  vacancies shall be
28    determined by the system  governing  board  except  that  all
29    board  members  must be eligible electors in the geographical
30    area of the system.   No  director  of  any  library  system,
31    however, shall be permitted to serve for more than a total of
32    6  years  unless 2 years have elapsed since his sixth year of
 
SB745 Engrossed             -550-              LRB9101253EGfg
 1    service.
 2        The board of directors shall elect a president, secretary
 3    and treasurer. Before entering upon his duties, the treasurer
 4    shall be required to give a bond in an amount to be  approved
 5    by  the  board, but in no case shall such amount be less than
 6    50% of the  system's  area  and  per  capita  grant  for  the
 7    previous  year,  conditioned that he will safely keep and pay
 8    over upon the order of such board all funds received and held
 9    by him for the library system.   The  funds  of  the  library
10    system  shall  be  deposited  in  a  bank or savings and loan
11    association designated by the board of directors and shall be
12    expended only under the direction of such board upon properly
13    authenticated vouchers.
14        No bank or savings and  loan  association  shall  receive
15    public  funds  as  permitted  by  this Section, unless it has
16    complied  with  the  requirements  established  pursuant   to
17    Section 6 of the Public Funds Investment Act "An Act relating
18    to  certain  investments of public funds by public agencies",
19    approved July 23, 1943, as now or hereafter amended.
20        The members of the board  of  directors  of  the  library
21    system  shall serve without compensation but their actual and
22    necessary expenses shall  be  a  proper  charge  against  the
23    library fund.
24    (Source: P.A. 83-1362; revised 10-31-98.)

25        (75 ILCS 10/7) (from Ch. 81, par. 117)
26        Sec.  7.   Each  board  of  library directors of a system
27    shall carry out the spirit and intent of  this  Act  and,  in
28    addition  to  the  other  powers conferred by this Act, shall
29    have the following powers:
30        1.  To develop and to amend the bylaws and  the  plan  of
31    service  for  the system subject to the approval of the State
32    Librarian.
33        2.  To have the exclusive control of the  expenditure  of
 
SB745 Engrossed             -551-              LRB9101253EGfg
 1    all moneys and funds held in the name of the library system.
 2        3.    To   make   and  adopt  such  policies,  rules  and
 3    regulations for the government and operation of  the  library
 4    system as necessary.
 5        4.   To  purchase  or  lease  ground  and  to  construct,
 6    purchase  or  lease,  and  occupy  an appropriate building or
 7    buildings for the use of the library system including but not
 8    limited to the power to purchase  or  lease  either  real  or
 9    personal property for system purposes through contracts which
10    provide  for  the consideration for such purchase or lease to
11    be paid through installments at  stated  intervals  during  a
12    certain  period not to exceed 20 years together with interest
13    at a rate not  to  exceed  the  interest  rate  specified  in
14    Section  2 of the Bond Authorization Act "An Act to authorize
15    public  corporations  to  issue  bonds,  other  evidences  of
16    indebtedness  and  tax  anticipation  warrants   subject   to
17    interest  rate  limitations  set forth therein", approved May
18    26, 1970, as amended, on the  unpaid  balance  owing  and  to
19    purchase  real  estate  for  system  purposes upon a mortgage
20    basis for up to 75% of the total consideration therefor,  the
21    remaining  balance  to be paid through installments at stated
22    intervals for a period not to exceed 20 years  together  with
23    interest  at a rate not to exceed the interest rate specified
24    in Section 2  of  the  Bond  Authorization  Act  "An  Act  to
25    authorize public corporations to issue bonds, other evidences
26    of  indebtedness  and  tax  anticipation  warrants subject to
27    interest rate limitations set forth  therein",  approved  May
28    26,  1970,  as  amended,  on the unpaid balance owing, except
29    that in the case of a library system consisting of  a  single
30    public  library or multitype library system serving a city of
31    over 500,000 population, this power shall be governed by  the
32    provisions  of  Division  10  of  Article  8  of the Illinois
33    Municipal Code, as heretofore or hereafter amended.
34        5.  To appoint and to fix the compensation of a competent
 
SB745 Engrossed             -552-              LRB9101253EGfg
 1    librarian, who shall have the authority to  hire  such  other
 2    employees as may be necessary, to fix their compensation, and
 3    to  remove  such  appointees,  subject to the approval of the
 4    board.  The board may also retain  counsel  and  professional
 5    consultants, as needed.
 6        6.  To contract with any public or private corporation or
 7    entity  for  the  purpose  of  providing or receiving library
 8    service or of performing any and all other acts necessary and
 9    proper to carry out the responsibilities and  the  provisions
10    of  this  Act.   This  power  includes, but is not limited to
11    participation in  interstate  library  compacts  and  library
12    systems,  and  the  expenditure of any federal or State funds
13    made available to any county, municipality,  township  or  to
14    the State of Illinois for library purposes.
15        7.  To  accrue  and  accumulate  funds in special reserve
16    funds pursuant to the provisions of a plan to acquire realty,
17    improved or unimproved, for library system purposes.
18        8.  To be a body politic and corporate, to  contract  and
19    to  hold  title  to  property  by  the  name of the "Board of
20    Directors of the ....  Library System, ....,  Illinois",  and
21    in  that  name  to  sue  and  be  sued and to take any action
22    authorized by law.
23        9.  To undertake programs for the purpose of  encouraging
24    the  addition to the district of adjacent areas without local
25    tax-supported library service, and to expend funds  for  this
26    purpose.
27        10.  To  join  the  library  system  as  a  member in the
28    Illinois  Library  Association  and  the   American   Library
29    Association,  non-profit,  non-political, 501(c)(3) (501-C-3)
30    associations, as designated by the federal  Internal  Revenue
31    Service,  having  the  purpose  of  library  development  and
32    librarianship;   to   provide   for  the  payment  of  annual
33    membership dues, fees and assessments and act by, through and
34    in  the  name  of  such  instrumentality  by  providing   and
 
SB745 Engrossed             -553-              LRB9101253EGfg
 1    disseminating  information  and  research services, employing
 2    personnel and doing any and all other acts for the purpose of
 3    improving library development.
 4        11.  To take and to have title to any  personal  or  real
 5    property acquired by it for library system purposes.
 6        12.  To  borrow  funds  for  the  purpose of expanding or
 7    improving the system's facilities through the  mortgaging  of
 8    system  owned  property  or of borrowing against other system
 9    owned assets. The mortgaging of system owned property or  the
10    borrowing  against other system owned assets shall not exceed
11    75% of the value thereof.
12    (Source: P.A. 85-706; revised 10-31-98.)

13        (75 ILCS 10/8.1) (from Ch. 81, par. 118.1)
14        Sec. 8.1.  The State Librarian shall make grants annually
15    under this Section to all qualified public libraries  in  the
16    State  from  funds appropriated by the General Assembly. Such
17    grants shall be in the amount of up to $1.25 per  capita  for
18    the  population  of the area served by the  respective public
19    library and, in addition, the  amount  of  up  to  $0.19  per
20    capita  to  libraries  serving populations over 500,000 under
21    the Illinois Major Urban  Library  Program.   If  the  moneys
22    appropriated   for   grants  under  this    Section  are  not
23    sufficient the State Librarian shall reduce  the  per  capita
24    amount  of the grants so that the qualifying public libraries
25    receive the same amount per capita.
26        To be eligible for grants under this  Section,  a  public
27    library must:
28             (1)  Provide,  as determined by the State Librarian,
29        library services  which  either  meet  or  show  progress
30        toward  meeting  the  Illinois library standards, as most
31        recently adopted by the Illinois Library Association.
32             (2)  Be a public library for which is levied  a  tax
33        for  library  purposes  at a rate not less than .13% or a
 
SB745 Engrossed             -554-              LRB9101253EGfg
 1        county library for which is  levied  a  tax  for  library
 2        purposes  at  a  rate not less than .07%. If a library is
 3        subject to the Property Tax Extension Limitation  Law  in
 4        the  Property  Tax  Code  and  its  tax  levy for library
 5        purposes has been lowered to a rate of  less  than  .13%,
 6        this  requirement will be waived if the library qualified
 7        for this grant in the previous year and if the tax levied
 8        for library purposes in the  current  year  produces  tax
 9        revenue for library purposes that is an increase over the
10        previous   year's  extension  of  5%  or  the  percentage
11        increase in the Consumer Price Index, whichever is less.
12        Any other  language  in  this  Section  to  the  contrary
13    notwithstanding,  grants under this Section 8.1 shall be made
14    only upon application of the public library concerned,  which
15    applications  shall be entirely voluntary and within the sole
16    discretion of the public library concerned.
17        Notwithstanding the  first  paragraph  of  this  Section,
18    during  fiscal  year  1978,  the  amount of grants under this
19    Section shall be $0.25 .25 per  capita,  during  fiscal  year
20    1979  the  amount of grants under this Section shall be $0.50
21    per capita, during fiscal year  1980  the  amount  of  grants
22    under  this  Section shall be $0.75 per capita, during fiscal
23    year 1981 through fiscal year 1993 the amount of grants shall
24    be $1 per capita, and during fiscal year 1994 and  thereafter
25    the  amount  of  public  library  grants  shall  be $1.25 per
26    capita, and the amount of the  Major  Urban  Library  Program
27    grants shall be $0.19 per capita.  If the monies appropriated
28    for  these  grants  are  not  sufficient, the State Librarian
29    shall  reduce  the  per   capita   amount   of   the   grants
30    proportionately.
31        In  order  to be eligible for a grant under this Section,
32    the corporate authorities,  in  lieu  of  a  tax  levy  at  a
33    particular  rate,  may  provide  funds from other sources, an
34    amount equivalent to the amount to be produced by that levy.
 
SB745 Engrossed             -555-              LRB9101253EGfg
 1    (Source: P.A. 90-169, eff. 7-23-97; revised 10-31-98.)

 2        Section 100.  The Township Library Bond Act is amended by
 3    changing Section 8 as follows:

 4        (75 ILCS 35/8) (from Ch. 81, par. 53)
 5        Sec. 8.  The board of directors of the public library  of
 6    any   township,  which  has  issued  bonds  pursuant  to  the
 7    provisions of this Act, shall, on or before the first Tuesday
 8    in August, of each year, ascertain as  near  as  practicable,
 9    the  amount of money which must be raised by special taxation
10    for the ensuing year, for the purpose of paying the  interest
11    upon   such   bonds   and  the  principal  thereof,  as  they
12    respectively become due; and  shall  cause  the  same  to  be
13    certified,   under   the  signatures  of  the  president  and
14    secretary of such board of directors, and filed in the office
15    of the county clerk of the county in  which  the  library  is
16    situated,  on  or  before the second Monday in August of each
17    year; which certificate may be substantially in the following
18    form:
19        We certify that the Board of Directors of the .... Public
20    Library has determined  that  it  will  require  the  sum  of
21    $......,  to  be  levied  as  a  special tax upon the taxable
22    property of .... Township, for the year (insert year) of 19..
23    , for the purpose of paying the bonds of the Township and the
24    interest thereon.
25        Dated (insert date). ........  19..
26        Board of Directors of .... Public Library.
27                    Signature of .... President.
28                    Signature of .... Secretary.
29    (Source: P.A. 84-1308; revised 10-20-98.)

30        Section 101.  The School  Code  is  amended  by  changing
31    Sections  1B-6, 2-3.73, 2-3.106, 2-3.114, 3A-10, 5-22, 7-7.5,
 
SB745 Engrossed             -556-              LRB9101253EGfg
 1    7A-4, 8-2, 8-9, 9-10, 9-12, 9-12.1, 10-5,  10-18,  10-22.22b,
 2    10-22.22c, 11A-5, 11B-5, 11D-4, 12-11.1, 14A-4, 17-2C, 17-11,
 3    18-8.05,  21-10,  21-12, 27-8.1, 27A-4, 29-5.2, 32-1, 32-1.4,
 4    32-5.2, 32-7, 34-21.1, and 34-84a.1 as follows:

 5        (105 ILCS 5/1B-6) (from Ch. 122, par. 1B-6)
 6        Sec. 1B-6.  General powers.  The purpose of the Financial
 7    Oversight Panel shall be to exercise financial  control  over
 8    the board of education, and, when approved by the State Board
 9    and   the  State  Superintendent  of  Education,  to  furnish
10    financial assistance so that the  board  can  provide  public
11    education  within  the  board's jurisdiction while permitting
12    the board to meet its obligations to its  creditors  and  the
13    holders  of its notes and bonds.  Except as expressly limited
14    by this Article, the Panel shall have all powers necessary to
15    meet its responsibilities and to carry out its  purposes  and
16    the  purposes of this Article, including, but not limited to,
17    the following powers:
18        (a)  to sue and be sued;
19        (b)  to  provide  for  its  organization   and   internal
20    management;
21        (c)  to appoint a Financial Administrator to serve as the
22    chief   executive   officer  of  the  Panel.   The  Financial
23    Administrator may be an individual, partnership, corporation,
24    including an accounting firm, or other entity  determined  by
25    the  Panel  to  be  qualified  to serve; and to appoint other
26    officers, agents, and employees of the  Panel,  define  their
27    duties  and  qualifications  and  fix  their compensation and
28    employee benefits;
29        (d)  to approve the local board of education appointments
30    to the positions of treasurer in a Class I county school unit
31    and in each school district which forms a part of a Class  II
32    county  school  unit  but  which  no longer is subject to the
33    jurisdiction  and  authority  of  a  township  treasurer   or
 
SB745 Engrossed             -557-              LRB9101253EGfg
 1    trustees  of  schools  of a township because the district has
 2    withdrawn from the jurisdiction and authority of the township
 3    treasurer and the trustees of  schools  of  the  township  or
 4    because  those  offices  have  been  abolished as provided in
 5    subsection (b) or  (c)  of  Section  5-1,  and  chief  school
 6    business official, if such official is not the superintendent
 7    of  the  district.   Either the board or the Panel may remove
 8    such treasurer or chief school business official;.
 9        (e)  to  approve  any  and  all  bonds,  notes,  teachers
10    orders, tax anticipation warrants,  and  other  evidences  of
11    indebtedness   prior  to  issuance  or  sale  by  the  school
12    district; and notwithstanding  any  other  provision  of  The
13    School  Code,  as  now or hereafter amended, no bonds, notes,
14    teachers orders, tax anticipation warrants or other evidences
15    of indebtedness  shall  be  issued  or  sold  by  the  school
16    district  or  be  legally binding upon or enforceable against
17    the local board of education unless and until the approval of
18    the Panel has been received;.
19        (f)  to approve all property tax  levies  of  the  school
20    district  and  require adjustments thereto as the Panel deems
21    necessary or advisable;
22        (g)  to require and approve a school  district  financial
23    plan;
24        (h)  to  approve  and  require  revisions  of  the school
25    district budget;
26        (i)  to approve all contracts and  other  obligations  as
27    the Panel deems necessary and appropriate;
28        (j)  to  authorize  emergency State financial assistance,
29    including requirements regarding the terms and conditions  of
30    repayment  of  such  assistance,  and to require the board of
31    education to levy a separate local property tax,  subject  to
32    the  limitations  of  Section  1B-8, sufficient to repay such
33    assistance  consistent  with  the  terms  and  conditions  of
34    repayment and the  district's  approved  financial  plan  and
 
SB745 Engrossed             -558-              LRB9101253EGfg
 1    budget;
 2        (k)  to  request  the  regional  superintendent  to  make
 3    appointments  to fill all vacancies on the local school board
 4    as provided in Section 10-10;
 5        (l)  to recommend dissolution or  reorganization  of  the
 6    school  district  to  the  General Assembly if in the Panel's
 7    judgment the circumstances so require;
 8        (m)  to  direct  a  phased  reduction  in  the  oversight
 9    responsibilities of the Financial Administrator  and  of  the
10    Panel as the circumstances permit;
11        (n)  to determine the amount of emergency State financial
12    assistance  to  be made available to the school district, and
13    to  establish  an  operating  budget  for  the  Panel  to  be
14    supported by funds available from such assistance,  with  the
15    assistance  and  the  budget  required  to be approved by the
16    State Superintendent;
17        (o)  to  procure  insurance  against  any  loss  in  such
18    amounts and from such insurers as it deems necessary;
19        (p)  to engage the services of consultants for  rendering
20    professional  and  technical assistance and advice on matters
21    within the Panel's power;
22        (q)  to contract for and to accept any gifts,  grants  or
23    loans  of  funds or property or financial or other aid in any
24    form from the federal government, State government,  unit  of
25    local   government,   school   district   or  any  agency  or
26    instrumentality thereof, or from any other private or  public
27    source, and to comply with the terms and conditions thereof;
28        (r)  to  pay  the expenses of its operations based on the
29    Panel's budget as approved by the State  Superintendent  from
30    emergency   financial   assistance  funds  available  to  the
31    district or from deductions from the district's general State
32    aid; and
33        (s)  to do any and all things necessary or convenient  to
34    carry  out  its purposes and exercise the powers given to the
 
SB745 Engrossed             -559-              LRB9101253EGfg
 1    Panel by this Article.
 2    (Source: P.A. 87-473; 88-618, eff. 9-9-94; revised 10-31-98.)

 3        (105 ILCS 5/2-3.73) (from Ch. 122, par. 2-3.73)
 4        Sec. 2-3.73.  Missing child program.  The State Board  of
 5    Education  shall  administer  and  implement  a missing child
 6    program in accordance with the provisions  of  this  Section.
 7    Upon  receipt  of each periodic information bulletin from the
 8    Department  of  State  Police  Law  Enforcement  pursuant  to
 9    Section 6 of the Intergovernmental Missing Child Recovery Act
10    of 1984, the State Board of  Education  shall  promptly  make
11    copies  of  the same and mail one copy to the school board of
12    each school district in this State and to  the  principal  or
13    chief administrative officer of each nonpublic elementary and
14    secondary  school  in  this  State.  Upon receipt each school
15    board shall compare the names on the bulletin to the names of
16    all  students  presently  enrolled  in  the  schools  of  the
17    district.  If a school board or its designee determines  that
18    a  missing  child  is attending one of the schools within the
19    school district, or if the principal or chief  administrative
20    officer of a nonpublic school is notified by school personnel
21    that  a  missing  child  is attending that school, the school
22    board or the principal or chief administrative officer of the
23    nonpublic school shall immediately give notice of  this  fact
24    to  the  State  Board  of  Education, the Department of State
25    Police Law Enforcement, and the law enforcement agency having
26    jurisdiction in the area where the missing child  resides  or
27    attends school.
28    (Source: P.A. 84-1308; revised 10-31-98.)

29        (105 ILCS 5/2-3.106) (from Ch. 122, par. 2-3.106)
30        Sec.  2-3.106.  State Urban Education Partnership Grants.
31    From State moneys appropriated specifically for  purposes  of
32    this  Section, the State Board of Education shall award State
 
SB745 Engrossed             -560-              LRB9101253EGfg
 1    Urban Education Partnership Grants to  qualifying  attendance
 2    centers  within  school  districts  that  meet  the  criteria
 3    specified in subparagraph (A) or subparagraph (B) below:
 4             (A)  The  number  of students enrolled in the public
 5        schools of the district is 1,500 or more,  and  not  less
 6        than  10%  of  those  students are low income students as
 7        determined with reference to the  annual  Public  Schools
 8        Fall  Enrollment-Housing  Report that the school district
 9        is required to file with the State Board of Education; or
10             (B)  The school  district  receives  not  less  than
11        $100,000  in  a  fiscal  year  from  funds  allocated and
12        distributed under Chapter 1 of Title  I  of  the  federal
13        Elementary  and  Secondary Education Act of 1965, and not
14        less than 10% of the  students  enrolled  in  the  public
15        schools  of  the school district are "minority students",
16        defined for purposes of this Section to mean a pupil  who
17        is  Black  (having  origins  in  any  of the black racial
18        groups in Africa), Hispanic  (of  Spanish  or  Portuguese
19        culture with origins in Mexico, South or Central America,
20        or  the  Caribbean  Islands,  regardless  of race), Asian
21        American (having origins in any of the  original  peoples
22        of the Far East, Southeast Asia, the Indian Subcontinent,
23        or  the  Pacific  Islands), or American Indian or Alaskan
24        Native (having origins in any of the original peoples  of
25        North America).
26        State  Urban  Education  Partnership Grants awarded under
27    this Section shall be used  for  the  planning,  development,
28    operation  or  expansion of programs, projects and activities
29    that are designed to carry out programs that improve  student
30    achievement or the quality of education for students and that
31    are  comparable  or  similar in nature to targeted assistance
32    programs for which  discretionary  federal  grant  funds  are
33    allocated  under  Chapter  2  of  Title  I of the the federal
34    Elementary and Secondary Education  Act  of  1965;  provided,
 
SB745 Engrossed             -561-              LRB9101253EGfg
 1    that  in  evaluating  applications  and  awarding State Urban
 2    Education Partnership Grants  under  this  Section,  priority
 3    consideration   and   preference  shall  be  given  to  grant
 4    applications that  propose  to  carry  out  effective  school
 5    programs  that  are  developed  and  designed to increase the
 6    academic achievement levels of students in  large  and  small
 7    urban    communities   through   collaborative   efforts   or
 8    partnerships between the attendance center applying  for  the
 9    grant  and  at  least  one  parent or community group, social
10    service agency, public sector business entity or  institution
11    of  higher  education.   Indicators  of such effective school
12    programs shall include  but  not  be  limited  to  components
13    designed  to  improve  student  attendance  at  school and in
14    class, increase student homework output and quality, increase
15    student time on the task of acquiring basic and higher  order
16    skills, improve teacher-given classroom grades, improve State
17    and national standardized test scores and assessment results,
18    improve   community   involvement   in  the  development  and
19    implementation of  effective  school  programs,  and  improve
20    parent  involvement  to  foster  a positive home environment,
21    meaningful   parent-child   communication   in   matters   of
22    educational performance and progress,  and  increased  parent
23    participation  in  home learning activities, school volunteer
24    activities and school governance.
25        The State  Board  of  Education  shall  adopt  rules  and
26    regulations   governing   the   procedure   and  requirements
27    applicable  to  grant  applications  submitted   under   this
28    Section.  The period during which grants may be awarded to an
29    attendance  center  under  this  Section  shall  not exceed 3
30    consecutive school  years;  provided  that  before  approving
31    continuation  of  a  grant  for  a new school year, the State
32    Board of Education shall review and evaluate a  report  which
33    the  attendance  center shall file with respect to its use of
34    grant  funds  in  carrying  out  grant  programs  during  the
 
SB745 Engrossed             -562-              LRB9101253EGfg
 1    preceding school year.
 2        Grants shall be awarded to attendance centers under  this
 3    Section  on  a  competitive  basis,  and  the  State Board of
 4    Education shall  establish  standards,  consistent  with  the
 5    provisions  of  this  Section,  by  which  to  evaluate grant
 6    applications and programs submitted and proposed hereunder.
 7        It is the purpose and intent of this Section to establish
 8    a State grant program that  parallels  and  supplements,  but
 9    that  operates  independently  of federal grant programs that
10    allocate funds for targeted assistance  under  Chapter  2  of
11    Title I of the federal Elementary and Secondary Education Act
12    of 1965.
13    (Source: P.A. 87-789; 87-895; revised 10-31-98.)

14        (105 ILCS 5/2-3.114)
15        Sec.  2-3.114. Federal Goals 2000 funds.  Notwithstanding
16    any other law to the contrary, the State Board  of  Education
17    shall  not  accept  or  expend any federal funds provided for
18    participation in the  federal  Goals  2000  or  outcome-based
19    education programs established under the Goals 2000:  Educate
20    America  Act,  except in those cases in which the State Board
21    of Education acts as a flow-through  agency  for  the  direct
22    release  to  school  districts  of  grant  funds  and  awards
23    provided  under  the  federal  Goals  2000 program.  In those
24    cases in which the State Board of Education  functions  as  a
25    flow-through   agency   for  the  direct  release  to  school
26    districts of grants or awards under the  federal  Goals  2000
27    program,  the  State  Board  of  Education  is  authorized to
28    retain, for its administrative expenses directly  related  to
29    its  services  as the flow through agency, up to but not more
30    than 1% of the aggregate Goals 2000 program funds  that  flow
31    through  the  State  Board of Education for direct release to
32    school districts.  No  school  district,  attendance  center,
33    school   board,   local   school  council,  or  other  school
 
SB745 Engrossed             -563-              LRB9101253EGfg
 1    administrator may use or authorize or require the use of  any
 2    funds,  grants,  or  awards  received  under this Section for
 3    purposes of providing outcome-based outcomes-based education,
 4    school-based health clinics, or any other  health  or  social
 5    service,  nor  may  the State Board of Education or any other
 6    local educational agency use or authorize or require any such
 7    funds, grants, or awards to be used for any such purpose.
 8    (Source: P.A. 89-610, eff. 8-6-96; revised 10-31-98.)

 9        (105 ILCS 5/3A-10) (from Ch. 122, par. 3A-10)
10        Sec.  3A-10.   Notice  of  Election.   A  notice  of  the
11    election shall  be  given  in  accordance  with  the  general
12    election  law. In addition to the requirements of the general
13    election  law  the  notice  shall  be  in  substantially  the
14    following form:
15            NOTICE OF EDUCATIONAL SERVICE REGION ELECTION
16        Notice is hereby given that on (insert  date)  .........,
17    19..,  an  election  will  be held in ............... County,
18    Illinois, for the purpose of voting upon this question:
19        Shall  .............  County  be  disconnected  from  the
20    Educational   Service   Region   for    the    Counties    of
21    ................  and  .............  and  shall the regional
22    board  of  school  trustees  for  .............   County   be
23    requested to approve the consolidation of the counties into a
24    single educational service region?
25    (Source: P.A. 81-1489; revised 10-19-98.)

26        (105 ILCS 5/5-22) (from Ch. 122, par. 5-22)
27        Sec. 5-22. Sales of school sites, buildings or other real
28    estate.  When  in  the  opinion of the school board, a school
29    site, or portion thereof, building,  or  site  with  building
30    thereon, or any other real estate of the district, has become
31    unnecessary  or  unsuitable  or inconvenient for a school, or
32    unnecessary for the uses of the district, the  school  board,
 
SB745 Engrossed             -564-              LRB9101253EGfg
 1    by  a  resolution adopted by at least two-thirds of the board
 2    members, may sell or direct that the property be sold in  the
 3    manner  provided  in  the  Local Government Property Transfer
 4    Act, or in the manner herein provided. Unless legal title  to
 5    the  land is held by the school board, the school board shall
 6    forthwith notify the trustees  of  schools  or  other  school
 7    officials  having  legal title to such land of the terms upon
 8    which they desire the property to be sold. If the property is
 9    to be sold to another unit  of  local  government  or  school
10    district,  the  school  board,  trustees of schools, or other
11    school officials having legal title to the land shall proceed
12    in the manner  provided  in  the  Local  Government  Property
13    Transfer  Act.  In all other cases the school board, trustees
14    of schools, or other school officials having legal  title  to
15    the  land  shall,  within  60  days  after  adoption  of  the
16    resolution  (if  the  school  board  holds legal title to the
17    land), or within 60 days after  the  trustees  of  school  or
18    other  school officials having legal title receive the notice
19    (if the school board does not hold legal title to the  land),
20    sell  the property at public sale, by auction or sealed bids,
21    after first giving notice  of  the  time,  place,  and  terms
22    thereof  by  notice published once each week for 3 successive
23    weeks prior to the date of the sale if sale is by auction, or
24    prior to the final date of acceptance of bids if sale  is  by
25    sealed  bids, in a newspaper published in the district or, if
26    no such newspaper is published in the  district,  then  in  a
27    newspaper  published  in  the  county  and  having  a general
28    circulation in the district; however, if territory containing
29    a school site, building, or site with  building  thereon,  is
30    detached from the school district of which it is a part after
31    proceedings  have  been  commenced under this Section for the
32    sale of that school site, building,  or  site  with  building
33    thereon,  but before the sale is held, then the school board,
34    trustees of schools, or other school officials  having  legal
 
SB745 Engrossed             -565-              LRB9101253EGfg
 1    title shall not advertise or sell that school site, building,
 2    or site with building thereon, pursuant to those proceedings.
 3    The notices may be in the following form:
 4                           NOTICE OF SALE
 5        Notice  is  hereby  given that on (insert date), the ....
 6    day of ...., 19.., the  (here  insert  title  of  the  school
 7    board,  trustees of school, or other school officials holding
 8    legal title) of (county) (Township No. ...., Range  No.  ....
 9    P.M.   ....)   will  sell  at  public  sale  (use  applicable
10    alternative) (at .........  (state  location  of  sale  which
11    shall  be  within  the  district),  at .... ..M.,) (by taking
12    sealed bids which shall  be  accepted  until  ....  ..M.,  on
13    (insert  date),  the  .....  day  of  ......, 19..., at (here
14    insert location where bids will be accepted  which  shall  be
15    within  the  district) which bids will be opened at .... ..M.
16    on (insert date) the .... day  of  ......,  19....  at  (here
17    insert  location  where  bids  will  be opened which shall be
18    within the district)) the following described property: (here
19    describe the property),  which  sale  will  be  made  on  the
20    following terms to-wit: (here insert terms of sale)
21                                ....
22                                ....
23                                ....
24                    (Here insert title of school
25                   officials holding legal title)

26        For  purposes  of  determining "terms of sale" under this
27    Section, the General Assembly declares by this clarifying and
28    amendatory Act of 1983 that "terms of sale" are  not  limited
29    to  sales  for  cash  only  but  include  contracts for deed,
30    mortgages, and such other seller financed  terms  as  may  be
31    specified by the school board.
32        If  a school board specifies a reasonable minimum selling
33    price and that price is not met or if no bids  are  received,
34    the  school  board  may  adopt  a  resolution  determining or
 
SB745 Engrossed             -566-              LRB9101253EGfg
 1    directing that the services of a licensed real estate  broker
 2    be  engaged  to  sell  the  property  for a commission not to
 3    exceed 7%, contingent on the sale of the property within  120
 4    days.   If  legal  title  to  the property is not held by the
 5    school  board,  the  trustees  of  schools  or  other  school
 6    officials having legal  title  shall,  upon  receipt  of  the
 7    resolution,  engage  the  services  of a licensed real estate
 8    broker as directed in the resolution. The board may accept  a
 9    written  offer  equal  to  or  greater  than  the established
10    minimum  selling  price  for  the  described  property.   The
11    services  of a licensed real estate broker may be utilized to
12    seek a buyer. If the board lowers the minimum  selling  price
13    on  the  described  property,  the public sale procedures set
14    forth in this Section must be followed. The board  may  raise
15    the  minimum  selling price without repeating the public sale
16    procedures.
17        The deed of conveyance shall be executed by the president
18    and clerk or secretary  of  the  school  board,  trustees  of
19    schools,  or other school officials having legal title to the
20    land, and the proceeds paid to the school treasurer  for  the
21    benefit  of  the district; provided, that the proceeds of any
22    such sale on the island of Kaskaskia shall  be  paid  to  the
23    State  Treasurer  for  the  use  of the district and shall be
24    disbursed by him in  the  same  manner  as  income  from  the
25    Kaskaskia  Commons  permanent  school  fund. The school board
26    shall use the  proceeds  from  the  sale  first  to  pay  the
27    principal  and  interest  on  any  outstanding  bonds  on the
28    property being sold, and  after  all  such  bonds  have  been
29    retired,  the  remaining proceeds from the sale next shall be
30    used by the school board to meet any urgent district needs as
31    determined under Sections 2-3.12 and 17-2.11 and then for any
32    other authorized purpose and for deposit  into  any  district
33    fund.   But  whenever the school board of any school district
34    determines that  any  schoolhouse  site  with  or  without  a
 
SB745 Engrossed             -567-              LRB9101253EGfg
 1    building  thereon  is  of no further use to the district, and
 2    agrees with the school board of  any  other  school  district
 3    within the boundaries of which the site is situated, upon the
 4    sale  thereof  to that district, and agrees upon the price to
 5    be paid therefor, and the site is selected by the  purchasing
 6    district  in  the  manner  required  by  law,  then after the
 7    payment  of  the  compensation  the  school  board,  township
 8    trustees, or other school officials having legal title to the
 9    land of the schools shall, by proper instrument  in  writing,
10    convey the legal title of the site to the school board of the
11    purchasing  district,  or  to the trustees of schools for the
12    use of the purchasing district, in accordance with law.   The
13    provisions  of  this Section shall not apply to any sale made
14    pursuant to Section 5-23 or Section 5-24 or Section 32-4.
15    (Source: P.A. 87-984; 88-155; revised 10-20-98.)

16        (105 ILCS 5/7-7.5)
17        Sec. 7-7.5.  Holding of elections.
18        (a)  Elections  provided  by  this   Article   shall   be
19    conducted in accordance with the general election law.
20        (b)  The  notice  shall be in substantially the following
21    form:
22                 NOTICE OF REFERENDUM FOR ANNEXATION
23                BY ..... (Name of Annexing District)
24                 OF ALL TERRITORY OF ..... (Name Of
25                    District Or Districts All Of
26                  Whose Territory Is To Be Annexed)
27             NOTICE is hereby given that on  (insert  date),  the
28        ....  day  of  ...., 19 ..., a referendum will be held in
29        part(s) of ...... County (Counties) for  the  purpose  of
30        voting for or against the proposition to annex all of the
31        territory  comprising  .....  (name  of  each such school
32        district) of ....... County, Illinois to .....  (name  of
33        annexing school district) of ...... County, Illinois.
 
SB745 Engrossed             -568-              LRB9101253EGfg
 1             The   territory  which  now  comprises  all  of  the
 2        territory of  .....  (name  of  the  school  district  or
 3        districts) of ...... County, Illinois, which territory is
 4        the same as the territory which is proposed to be annexed
 5        to  .....  (name  of annexing school district) of .......
 6        County, Illinois, is described as follows: (Here describe
 7        such territory.)
 8             The territory which now  comprises  .....  (name  of
 9        annexing  school  district)  of ....... County, Illinois,
10        which district it is proposed shall annex  the  territory
11        above  described in this Notice, is described as follows:
12        (Here describe such territory.)
13             The election is called and will be held pursuant  to
14        an  order  of  the regional board of school trustees (or,
15        State  Superintendent  of  Education)  dated  on  (insert
16        date), the .... day of ...., 19 ...., which order  states
17        that  the change of boundaries pursuant to the annexation
18        granted or approved by the  order  shall  be  made  if  a
19        majority  of  those voters in each of the affected school
20        districts who vote on the  proposition  at  the  election
21        vote in favor thereof.
22             Dated (insert date). this ..... day of ...., 19.....
23        
24             Regional Board of School Trustees (or State
25             Superintendent of Education)
26             By....................................
27    (Source: P.A. 90-459, eff. 8-17-97; revised 10-20-98.)

28        (105 ILCS 5/7A-4) (from Ch. 122, par. 7A-4)
29        Sec. 7A-4.  Holding of elections.
30        (a)  Elections   provided   by   this  Article  shall  be
31    conducted in accordance with the general election law.
32        (b)  The notice for voters residing in  the  unit  school
33    district  proposed  to be dissolved shall be in substantially
 
SB745 Engrossed             -569-              LRB9101253EGfg
 1    the following form:
 2                  NOTICE OF REFERENDUM TO DISSOLVE
 3                  A UNIT SCHOOL DISTRICT, TO CREATE
 4              AN ELEMENTARY SCHOOL DISTRICT THEREFROM,
 5                AND TO ANNEX THE TERRITORY THEREIN TO
 6                  A CONTIGUOUS HIGH SCHOOL DISTRICT
 7             NOTICE is hereby given that on  (insert  date),  the
 8        ....  day  of  ...., 19 ..., a referendum will be held in
 9        part(s) of ...... county (counties) for  the  purpose  of
10        voting  for  or  against the proposition to dissolve Unit
11        School District No. ..... of ....... County, Illinois, to
12        create an elementary school district to be  comprised  of
13        the  same  territory  which now comprises the unit school
14        district proposed to be so dissolved, and to  annex  that
15        same  territory  to  High  School  District  No. ..... of
16        ...... County, Illinois.
17             The  territory  which  now  comprises  Unit   School
18        District  No.  .....  of  ....... County, Illinois, which
19        territory is the  same  as  the  territory  which  is  to
20        comprise  the  elementary  school district proposed to be
21        created and which also is the same as the territory which
22        is proposed to be annexed to  High  School  District  No.
23        .....  of  .......  County,  Illinois,  is  described  as
24        follows: (Here describe such territory.)
25             The   territory  which  now  comprises  High  School
26        District No. ..... of  .......  County,  Illinois,  which
27        high  school  district  it  is  proposed  shall annex the
28        territory above described in this Notice, is described as
29        follows:  (Here describe such territory.)
30             The election is called and will be held pursuant  to
31        an  order of the Regional Superintendent dated on (insert
32        date), the .... day of ...., 19 ...., which order  states
33        that  if a majority of the voters residing in Unit School
34        District No. ..... of ....... County, Illinois and voting
 
SB745 Engrossed             -570-              LRB9101253EGfg
 1        at the referendum on the proposition  vote  in  favor  of
 2        such proposition, and if by separate ballot a majority of
 3        the  voters residing in High School District No. ..... of
 4        ....... County, Illinois and voting at the referendum  on
 5        the  proposition  to  annex  the  territory  first  above
 6        described in this Notice vote in favor thereof, that then
 7        the  tax  rates  for educational and operations, building
 8        and maintenance  purposes  and  the  purchase  of  school
 9        grounds,  pupil  transportation,  and fire prevention and
10        safety purposes which shall constitute the tax rates  for
11        the  elementary  school  district so created and for High
12        School District No. .....  of  .......  County,  Illinois
13        upon  annexation  of  the territory first above described
14        shall be: (i) with  respect  to  such  elementary  school
15        district,  .......  for educational purposes, ....... for
16        operations, building and  maintenance  purposes  and  the
17        purchase    of   school   grounds,   ......   for   pupil
18        transportation purposes, and ...... for  fire  prevention
19        and safety purposes, and (ii) with respect to High School
20        District  No. ..... of ....... County, Illinois upon such
21        annexation, ....... for educational purposes, ....... for
22        operations, building and  maintenance  purposes  and  the
23        purchase    of   school   grounds,   ......   for   pupil
24        transportation purposes, and ...... for  fire  prevention
25        and safety purposes.
26             Dated (insert date). this ..... day of ...., 19.....
27        
28             Regional Superintendent of Schools
29             ....................................

30        Whenever  the  members  of  the board of education of the
31    elementary school district proposed to be established are  to
32    be  elected  at the same election at which the proposition to
33    establish that district is to be  submitted  to  the  voters,
34    that fact shall be included in the notice.
 
SB745 Engrossed             -571-              LRB9101253EGfg
 1        (c)  The  notice  for  voters  residing in the contiguous
 2    high school district proposing to annex all of the  territory
 3    within  the  unit  school  district  proposed to be dissolved
 4    shall be in substantially the following form:
 5                        NOTICE OF REFERENDUM
 6                      FOR ANNEXATION BY A HIGH
 7                    SCHOOL DISTRICT OF CONTIGUOUS
 8                      TERRITORY TO BE DISSOLVED
 9                      AS A UNIT SCHOOL DISTRICT
10             NOTICE is hereby given that on  (insert  date),  the
11        ..... day of ....., 19 ...., a referendum will be held in
12        part(s)  of ........ county (counties) for the purpose of
13        voting for or against  a  proposition  that  High  School
14        District  No.  .....  of  .......  County, Illinois annex
15        certain contiguous territory hereinafter  described  upon
16        the  dissolution  of  such contiguous territory as a unit
17        school district.
18             The  territory  which  now  comprises  High   School
19        District   No.  .....  of  .......  County,  Illinois  is
20        described as follows:  (Here describe such territory.)
21             The contiguous territory which it is proposed  shall
22        be  annexed  by High School District No. ..... of .......
23        County, Illinois upon the dissolution of such  contiguous
24        territory  as  a  unit  school  district  is described as
25        follows:   (Here describe such territory.)
26             The election is called and will be held pursuant  to
27        an  order of the Regional Superintendent dated on (insert
28        date), the ..... day  of  .....,  19  ....,  which  order
29        states  that if a majority of the voters residing in High
30        School District No. ..... of ....... County, Illinois and
31        voting at the referendum on the proposition to annex  the
32        territory  last  described  above  vote  in favor of such
33        proposition, and if by separate ballot a majority of  the
34        voters residing in the territory last described above and
 
SB745 Engrossed             -572-              LRB9101253EGfg
 1        voting  at  the referendum on the proposition to dissolve
 2        such territory as a unit school district,  to  create  an
 3        elementary  school  district  therefrom and to annex such
 4        territory to High School District No.  .....  of  .......
 5        County,  Illinois vote in favor of such proposition, that
 6        then  the  tax  rates  for  educational  and  operations,
 7        building and maintenance purposes  and  the  purchase  of
 8        school grounds, pupil transportation, and fire prevention
 9        and  safety purposes which shall constitute the tax rates
10        for High School District No.  .....  of  .......  County,
11        Illinois  upon and after annexation of the territory last
12        described  above  shall  be   .......   for   educational
13        purposes,    .......   for   operations,   building   and
14        maintenance purposes and the purchase of school  grounds,
15        ......  for pupil transportation purposes, and ...... for
16        fire prevention and safety purposes.
17             Dated (insert date). this ..... day of ...., 19.....
18        
19             Regional Superintendent of Schools
20             ....................................
21    (Source: P.A. 87-10; 87-185; 87-895; revised 10-20-98.)

22        (105 ILCS 5/8-2) (from Ch. 122, par. 8-2)
23        Sec. 8-2.  Bond of treasurer. Before  entering  upon  his
24    duties,  each school treasurer shall execute a bond with 2 or
25    more persons having an interest in real estate  who  are  not
26    trustees,  or  a  surety company authorized to do business in
27    this State, as sureties, payable to the township trustees  of
28    schools  in  Class  II  county school units and to the school
29    board of each district for which he or she  is  treasurer  or
30    its  successors  in office in Class I county school units and
31    conditioned upon the faithful discharge of his or her duties,
32    except that the bond required of the school  treasurer  of  a
33    school  district which is located in a Class II county school
 
SB745 Engrossed             -573-              LRB9101253EGfg
 1    unit but which no longer is subject to the  jurisdiction  and
 2    authority of a township treasurer or trustees of schools of a
 3    township   because   the  district  has  withdrawn  from  the
 4    jurisdiction and authority  of  the  township  treasurer  and
 5    trustees  of schools of the township or because those offices
 6    have been abolished as provided in subsection (b) or  (c)  of
 7    Section  5-1  shall  be  payable  to the school board of each
 8    district for which he or she is treasurer or its successor in
 9    office and conditioned upon the faithful discharge of his  or
10    her  duties.  The  penalty  of  the  bond shall be 25% of the
11    amount of all bonds, notes, mortgages, moneys and effects  of
12    which  he  is to have the custody, whether individuals act as
13    sureties or whether the surety given is by a  surety  company
14    authorized  to  do  business  in  this  State,  and  shall be
15    increased or decreased from time to time, as the increase  or
16    decrease of the amount of notes, bonds, mortgages, moneys and
17    effects  may  require,  and  whenever  in the judgment of the
18    regional  superintendent  of  schools,  or  whenever  in  the
19    judgment of the township trustees or the school board of  the
20    district  by  which  the  school  treasurer  was appointed or
21    elected,  the penalty of the  bond  should  be  increased  or
22    decreased; provided that the penalty of the bond shall not be
23    increased to more than 25% of the amount of all bonds, notes,
24    mortgages,  moneys  and  effects  of  which the treasurer has
25    custody at any time. The bond of the township treasurer shall
26    be approved by at least a majority of the  township  trustees
27    in  Class  II  county  school  units;  provided that in those
28    school districts that are located in a Class II county school
29    unit but are  no  longer  subject  to  the  jurisdiction  and
30    authority  of a township treasurer and trustees of schools of
31    a township (because the districts  have  withdrawn  from  the
32    jurisdiction  and  authority  of  the  township treasurer and
33    trustees of schools of the township or because those  offices
34    have  been  abolished as provided in subsection (b) or (c) of
 
SB745 Engrossed             -574-              LRB9101253EGfg
 1    Section 5-1) and in Class I county  school  units,  the  bond
 2    shall  be  approved  by at least a majority of the members of
 3    the school board; and in all cases the bond  shall  be  filed
 4    with  the  regional  superintendent of schools who shall file
 5    with the State Board of Education before September 1 in  each
 6    year   an   affidavit  showing  which  treasurers  of  school
 7    districts under his  supervision  and  control  are  properly
 8    bonded. The bond shall be in the following form:
 9    STATE OF ILLINOIS
10    .......... COUNTY
11        We,  AB, CD and EF, are obligated, jointly and severally,
12    to the (School Board of District No.  ....,  or  trustees  of
13    township  ....  range  ....) in the above mentioned county or
14    successors in office, in the penal  sum  of  $....,  for  the
15    payment  of which we bind ourselves, our heirs, executors and
16    administrators.
17        Dated (insert date). ....... 19...
18        The condition of this obligation  is  such  that  if  AB,
19    school  treasurer  in  the  above  stated  county, faithfully
20    discharges the duties of his or her office, according to law,
21    and delivers to his or her successor in  office,  after  such
22    successor  has  qualified  by giving bond as provided by law,
23    all moneys, books, papers, securities and control, which have
24    come into his or her possession or control,  as  such  school
25    treasurer,  from the date of his or her bond to the time that
26    his or her successor has qualified as  school  treasurer,  by
27    giving  such bond as required by law, then this obligation to
28    be void; otherwise to remain in full force and effect.
29        Approved and accepted by:
30             A.... B.... (Signature)
31             C.... D.... (Signature)
32             E.... F.... (Signature)
33             G.... H.... (Signature)
34             I.... J.... (Signature)
 
SB745 Engrossed             -575-              LRB9101253EGfg
 1             K.... L.... (Signature)
 2                   (Board of Education or Board of
 3                   Directors of District No. .....
 4                               By ....
 5                    President Secretary or Clerk
 6                               or ....
 7                       .... Township Trustees)
 8        No part of the State or other school fund shall  be  paid
 9    to  any  school  treasurer  or  other  persons  authorized to
10    receive it unless such treasurer has filed his or  her  bond,
11    or  if reelected, has renewed his or her bond and filed it as
12    required by law.
13    (Source: P.A. 89-212, eff. 8-4-95; revised 10-20-98.)

14        (105 ILCS 5/8-9) (from Ch. 122, par. 8-9)
15        Sec. 8-9. Mortgages -  Form.   Mortgages  to  secure  the
16    payment  of money loaned under the provisions of this Act may
17    be in the following form:
18        I, A B, of the county of ...., State of ....,  do  hereby
19    grant,  convey  and  transfer  to  the trustees of schools of
20    township No. ...., Range No. ...., in the County of ...., and
21    State of Illinois, for the use  of  the  inhabitants  of  the
22    township,  the  following described real estate: (here insert
23    premises), which real estate I declare to be in mortgage  for
24    the payment of $...., loaned to me and for the payment of all
25    interest  that may accrue thereon, to be computed at the rate
26    of .... per cent per year until paid.  I  agree  to  pay  the
27    above sum of money in .... years from the date hereof, and to
28    pay  the  interest  on  the  same annually, at the rate above
29    stated.  I further covenant that I  have  a  good  and  valid
30    title  to  the  estate,  and  that  the same is free from all
31    incumbrance, and that I will pay all  taxes  and  assessments
32    which  may be levied on the real estate, and that I will give
33    any additional security that may at any time be  required  in
 
SB745 Engrossed             -576-              LRB9101253EGfg
 1    writing  by  the board of trustees; and if the real estate is
 2    sold to pay the debt or any part thereof, or for any  failure
 3    or  refusal  to  comply  with  or  perform  the conditions or
 4    covenants  herein  contained,  I   will   deliver   immediate
 5    possession  of  the  premises.    It is further agreed by and
 6    between the parties that in the event a complaint is filed in
 7    any court to  foreclose  this  mortgage  for  non-payment  of
 8    either  principal  or interest, that the mortgagor will pay a
 9    reasonable attorney's fee, and the same shall be included  in
10    the  judgment  and  be  taxed  as  costs; and we, A B, and C,
11    spouse of A B, hereby release  all  rights  to  the  premises
12    which  we  may  have  by virtue of any homestead laws of this
13    State.
14        Dated (insert date). 19
15                                    A .... B ....................
16                                    C .... D ....................

17        The mortgage shall be acknowledged  and  recorded  as  is
18    required  by  law  for  other conveyances of real estate, the
19    mortgagor  paying  the   expenses   of   acknowledgment   and
20    recording.
21    (Source: P.A. 84-550; revised 10-20-98.)

22        (105 ILCS 5/9-10) (from Ch. 122, par. 9-10)
23        Sec.  9-10. Candidates for office - Nominating petitions.
24    Candidates  for  the  office  of  school  director  shall  be
25    nominated by petition signed by at least 25 voters or  5%  of
26    the  voters,  whichever is less, residing within the district
27    and filed with the secretary of the board of school directors
28    or  with  a  person  designated  by  the  board  to   receive
29    nominating petitions.
30        Nominations for members of boards of education, including
31    non-high  school  boards  of  education  shall  be  made by a
32    petition signed by at least 50 voters or 10% of  the  voters,
33    whichever  is less, residing within the district and shall be
 
SB745 Engrossed             -577-              LRB9101253EGfg
 1    filed with the secretary of the board of education or with  a
 2    person   designated   by  the  board  to  receive  nominating
 3    petitions.  In addition to the requirements  of  the  general
 4    election   law,   the   form   of  such  petitions  shall  be
 5    substantially as follows:
 6                        NOMINATING PETITIONS
 7                 (LEAVE OUT THE INAPPLICABLE PART.)
 8        To the secretary of the board of education (or  board  of
 9    directors) of district number .... in .... County:
10        We the undersigned, being (.... or more) (or 10% or more)
11    (or  5% or more) of the voters residing within said district,
12    hereby petition that .... who resides at .... in the (city or
13    village) of .... in Township .... (or who resides outside any
14    city, village or incorporated town and in Township  ....)  in
15    said  district shall be a candidate for the office of .... of
16    the board of education (or board of  directors)  (full  term)
17    (vacancy)  to  be  voted  for  at  the election to be held on
18    (insert date). the .... day of ...., 19...
19        Name: ..................  Address: ...................

20        Nomination papers filed under this Section are not  valid
21    unless  the  candidate named therein files with the secretary
22    of the board of education or a person designated by the board
23    to receive nominating petitions a  receipt  from  the  county
24    clerk  showing  that  the  candidate has filed a statement of
25    economic interests as required by the  Illinois  Governmental
26    Ethics Act.  Such receipt shall be so filed either previously
27    during  the calendar year in which his nomination papers were
28    filed or within the  period  for  the  filing  of  nomination
29    papers in accordance with the general election law.
30        All petitions for the nomination of members of a board of
31    education shall be filed with the secretary of the board or a
32    person   designated   by  the  board  to  receive  nominating
33    petitions  within  the  time  provided  for  by  the  general
34    election law.  The secretary  shall  receive  and  file  only
 
SB745 Engrossed             -578-              LRB9101253EGfg
 1    those  petitions  which include a statement of candidacy, the
 2    required number of voter signatures, the notarized  signature
 3    of  the  petition  circulator  and  a receipt from the County
 4    Clerk showing that the candidate has  filed  a  statement  of
 5    economic  interest  on  or  before  the  last  day to file as
 6    required  by  the  Illinois  Governmental  Ethics  Act.   The
 7    secretary may have petition forms available for  issuance  to
 8    potential  candidates,  and  may  give notice of the petition
 9    filing period  by  publication  in  a  newspaper  of  general
10    circulation  within the school district not less than 10 days
11    prior to the first day of filing. Said secretary  shall  make
12    certification   to   the   proper   election  authorities  in
13    accordance with the general election law.  If  the  secretary
14    is  an  incumbent  school board member seeking re-election, a
15    disinterested person must be a witness to the filing  of  his
16    petition.
17        The  secretary of the board of education shall notify the
18    candidates for whom a petition for nomination is filed or the
19    appropriate committee of the obligations under  the  Campaign
20    Financing  Act as provided in the general election law.  Such
21    notice shall be given on a form prescribed by the State Board
22    of Elections and in accordance with the requirements  of  the
23    general  election  law.  The secretary shall within 7 days of
24    filing or on the last day for filing, whichever  is  earlier,
25    acknowledge  to  the  petitioner in writing his acceptance of
26    the petition.
27        A candidate for membership on the board of  education  or
28    for  office  as  a  school  director,  who has petitioned for
29    nomination to fill a full term and to fill a vacant  term  to
30    be  voted upon at the same election, must withdraw his or her
31    petition for nomination from either  the  full  term  or  the
32    vacant term by written declaration.
33        In  all  newly  organized  districts the petition for the
34    nomination  of  candidates  for  members  of  the  board   of
 
SB745 Engrossed             -579-              LRB9101253EGfg
 1    education  at  the  first  election shall be addressed to and
 2    filed with the regional  superintendent  of  schools  in  the
 3    manner  herein  specified  for the petitions for members of a
 4    board  of  education.   For  such   election   the   regional
 5    superintendent shall fulfill all duties otherwise assigned to
 6    the secretary of the board of education.
 7    (Source: P.A. 82-1014; revised 10-20-98.)

 8        (105 ILCS 5/9-12) (from Ch. 122, par. 9-12)
 9        Sec.  9-12.  Ballots  for the election of school officers
10    shall be in one of the following forms:

11    (FORMAT 1
12        Ballot position for candidates shall be determined by the
13    order of petition filing or lottery held pursuant to  Section
14    9-11.1.
15        This  format  is  used  by  Boards  of  School Directors.
16    School Directors are elected at large.)
17                           OFFICIAL BALLOT
18                 FOR MEMBERS OF THE BOARD OF SCHOOL
19                DIRECTORS TO SERVE A FULL 4-YEAR TERM
20                            VOTE FOR ....
21            ( )  ........................................
22            ( )  ........................................
23            ( )  ........................................
24                 FOR MEMBERS OF THE BOARD OF SCHOOL
25             DIRECTORS TO SERVE AN UNEXPIRED 2-YEAR TERM
26                            VOTE FOR ....
27            ( )   .......................................
28            ( )   .......................................
29            ( )   .......................................

30    (FORMAT 2
31        Ballot position for candidates shall be determined by the
32    order of petition filing or lottery held pursuant to  Section
 
SB745 Engrossed             -580-              LRB9101253EGfg
 1    9-11.1.
 2        This format is used when school board members are elected
 3    at  large.   Membership on the school board is not restricted
 4    by area of residence.
 5        Types of school districts  generally  using  this  format
 6    are:
 7        Common school districts;
 8        Community   unit   and   community   consolidated  school
 9    districts formed on or after January 1, 1975;
10        Community unit school districts formed prior  to  January
11    1,  1975  that  elect  board  members  at  large  and without
12    restriction by area of residence within  the  district  under
13    subsection (c) of Section 11A-8;
14        Community   unit,  community  consolidated  and  combined
15    school districts in which more than 90% of the population  is
16    in one congressional township;
17        High  school  districts  in  which  less  than 15% of the
18    taxable property is located in unincorporated territory;  and
19    unit districts (OLD TYPE);
20        Combined  school  districts  formed  on  or after July 1,
21    1983;
22        Combined school districts formed before July 1, 1983  and
23    community  consolidated  school  districts  that  elect board
24    members at large and without restriction by area of residence
25    within the district under subsection (c) of Section 11B-7.)
26                           OFFICIAL BALLOT
27                     FOR MEMBERS OF THE BOARD OF
28                EDUCATION TO SERVE A FULL 4-YEAR TERM
29                            VOTE FOR ....
30            ( )   .......................................
31            ( )   .......................................
32            ( )   .......................................
33                     FOR MEMBERS OF THE BOARD OF
34             EDUCATION TO SERVE AN UNEXPIRED 2-YEAR TERM
 
SB745 Engrossed             -581-              LRB9101253EGfg
 1                            VOTE FOR ....
 2            ( )   .......................................
 3            ( )   .......................................
 4            ( )   .......................................

 5    (FORMATS 2a and 2b
 6        Ballot  position  for  at  large  candidates   shall   be
 7    determined  by  the  order of petition filing or lottery held
 8    pursuant to Section 9-11.1 and ballot position for candidates
 9    grouped by  "affected  school  district",  as  that  term  is
10    defined  in  Section  9-11.2, shall be determined by order of
11    petition filing or lottery held pursuant to  Sections  9-11.1
12    and 9-11.2.
13        Format  2a is used only in electing, to unstaggered terms
14    expiring on the date of the regular school election  held  in
15    calendar  year  2001,  the  initial 7 members of the board of
16    education of a combined school district that  is  established
17    as  provided in subsection (a-5) of Section 11B-7, and Format
18    2b is used only in  electing,  when  required  under  Section
19    10-10, a successor to serve the remainder of the unstaggered,
20    unexpired  term  of  any  such  initial board member in whose
21    office a vacancy has occurred.)

22        Format 2a:

23                           OFFICIAL BALLOT
24                FOR MEMBERS OF THE BOARD OF EDUCATION
25                  TO SERVE A FULL TERM EXPIRING ON
26          (Insert date of regular school election in 2001)
27        Instructions  to  voter:  One  member  of  the  board  of
28    education is to be elected at large from within the territory
29    included  within  the  boundaries  of  (insert  name  of  the
30    combined school district as proposed or  formed),  3  members
31    are  to  be  elected  from  the territory included within the
32    boundaries of (former) Elementary School District No.  .....,
33    and  3  members are to be elected from the territory included
 
SB745 Engrossed             -582-              LRB9101253EGfg
 1    within the boundaries of (former) Elementary School  District
 2    No. ......

 3                           FOR THE MEMBER
 4                      OF THE BOARD OF EDUCATION
 5                       TO BE ELECTED AT LARGE
 6                            VOTE FOR ONE
 7            ( )   .......................................
 8            ( )   .......................................

 9                           FOR MEMBERS OF
10                       THE BOARD OF EDUCATION
11                         TO BE ELECTED FROM
12            (FORMER) ELEMENTARY SCHOOL DISTRICT NO. ....
13                           VOTE FOR THREE
14            ( )   .......................................
15            ( )   .......................................
16            ( )   .......................................
17            ( )   .......................................

18                           FOR MEMBERS OF
19                       THE BOARD OF EDUCATION
20                         TO BE ELECTED FROM
21            (FORMER) ELEMENTARY SCHOOL DISTRICT NO. ....
22                           VOTE FOR THREE
23            ( )   .......................................
24            ( )   .......................................
25            ( )   .......................................
26            ( )   .......................................

27        Format 2b:

28                           OFFICIAL BALLOT
29               FOR A MEMBER OF THE BOARD OF EDUCATION
30                       TO BE ELECTED AT LARGE
31                TO SERVE AN UNEXPIRED TERM ENDING ON
 
SB745 Engrossed             -583-              LRB9101253EGfg
 1          (Insert date of regular school election in 2001)
 2                            VOTE FOR ONE
 3            ( )   .......................................
 4            ( )   .......................................

 5                       FOR MEMBERS (A MEMBER)
 6                      OF THE BOARD OF EDUCATION
 7                         TO BE ELECTED FROM
 8             FORMER ELEMENTARY SCHOOL DISTRICT NO. ....
 9                TO SERVE AN UNEXPIRED TERM ENDING ON
10          (Insert date of regular school election in 2001)
11                            VOTE FOR ....
12            ( )   .......................................
13            ( )   .......................................

14                       FOR MEMBERS (A MEMBER)
15                      OF THE BOARD OF EDUCATION
16                         TO BE ELECTED FROM
17             FORMER ELEMENTARY SCHOOL DISTRICT NO. ....
18                TO SERVE AN UNEXPIRED TERM ENDING ON
19          (Insert date of regular school election in 2001)
20                            VOTE FOR ....
21            ( )   .......................................
22            ( )   .......................................

23    (FORMAT 3
24        Ballot position for incorporated and unincorporated areas
25    shall  be  determined  by  the  order  of  petition filing or
26    lottery held pursuant to Sections 9-11.1 and 9-11.2.
27        This  format  is  used  by  community   unit,   community
28    consolidated and combined school districts when the territory
29    is  less  than 2 congressional townships, or 72 square miles,
30    but consists of more than one congressional township,  or  36
31    square  miles,  outside  of the corporate limits of any city,
32    ( )   ............................  village  or  incorporated
 
SB745 Engrossed             -584-              LRB9101253EGfg
 1    town  within  the  school district.  The School Code requires
 2    that not more than 5 board members shall be selected from any
 3    city, village or incorporated town in  the  school  district.
 4    At  least two board members must reside in the unincorporated
 5    area of the school district.
 6        Except for those community unit school  districts  formed
 7    before  January 1, 1975 that elect board members at large and
 8    without restriction by area of residence within the  district
 9    under subsection (c) of Section 11A-8 and except for combined
10    school  districts  formed  before  July 1, 1983 and community
11    consolidated school districts that  elect  board  members  at
12    large and without restriction by area of residence within the
13    district  under  subsection (c) of Section 11B-7, this format
14    applies to community unit and community  consolidated  school
15    districts formed prior to January 1, 1975 and combined school
16    districts formed prior to July 1, 1983.)
17                           OFFICIAL BALLOT
18        Instructions  to  voter:  The board of education shall be
19    composed of  members  from  both  the  incorporated  and  the
20    unincorporated  area;  not more than 5 board members shall be
21    selected from any city, village or incorporated town.
22        On the basis of existing board membership, not more  than
23    .... may be elected from the incorporated areas.
24                FOR MEMBERS OF THE BOARD OF EDUCATION
25                     TO SERVE A FULL 4-YEAR TERM
26                            VOTE FOR ....
27          ................... Area
28               ( )   ...........................
29               ( )   ...........................
30          ................... Area
31               ( )   ...........................
32               ( )   ...........................
33                FOR MEMBERS OF THE BOARD OF EDUCATION
34                  TO SERVE AN UNEXPIRED 2-YEAR TERM
 
SB745 Engrossed             -585-              LRB9101253EGfg
 1                            VOTE FOR ....
 2          ................... Area
 3               ( )   ...........................
 4               ( )   ...........................
 5          ................... Area
 6               ( )   ...........................
 7               ( )   ...........................

 8    (FORMAT 4
 9        Ballot position for township areas shall be determined by
10    the  order  of  petition  filing  or lottery held pursuant to
11    Sections 9-11.1 and 9-11.2.
12        Except for those community unit school  districts  formed
13    prior  to  January  1, 1975 that elect board members at large
14    and without restriction  by  area  of  residence  within  the
15    district under subsection (c) of Section 11A-8 and except for
16    those  combined  school  districts formed before July 1, 1983
17    and community consolidated school districts that elect  board
18    members at large and without restriction by area of residence
19    within  the  district  under subsection (c) of Section 11B-7,
20    this  format  applies  to  community   unit   and   community
21    consolidated school districts formed prior to January 1, 1975
22    and  combined  school  districts formed prior to July 1, 1983
23    when the territory of the school district is greater  than  2
24    congressional  townships,  or  72  square miles.  This format
25    applies only when less than 75% of the population is  in  one
26    congressional township.  Congressional townships of less than
27    100  inhabitants  shall  not be considered for the purpose of
28    such mandatory board representation.  In this case, not  more
29    than   3   board   members  may  be  selected  from  any  one
30    congressional township.)
31                           OFFICIAL BALLOT
32        Instructions  to  voter:  Membership  on  the  board   of
33    education  is  restricted  to a maximum of 3 members from any
34    congressional township.   On  the  basis  of  existing  board
 
SB745 Engrossed             -586-              LRB9101253EGfg
 1    membership,  members  may be elected in the following numbers
 2    from each congressional township.
 3        Not more than .... may  be  elected  from  Township  ....
 4    Range ....
 5        Not  more  than  ....  may  be elected from Township ....
 6    Range ....
 7        Not more than .... may  be  elected  from  Township  ....
 8    Range ....
 9        (Include   each   remaining   congressional  township  in
10    district as needed)
11                     FOR MEMBERS OF THE BOARD OF
12                EDUCATION TO SERVE A FULL 4-YEAR TERM
13                            VOTE FOR ....
14          Township .............. Range ................
15                  ( ) ............................
16                  ( ) ............................
17          Township .............. Range ................
18                  ( ) ............................
19                  ( ) ............................
20           FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
21                      AN UNEXPIRED 2-YEAR TERM
22                            VOTE FOR ....
23          Township .............. Range ................
24                  ( ) ............................
25                  ( ) ............................
26          Township .............. Range ................
27                  ( ) ............................
28                  ( ) ............................

29    (FORMAT 5
30        Ballot position for township areas shall be determined by
31    the order of petition filing  or  lottery  held  pursuant  to
32    Sections 9-11.1 and 9-11.2.
33        Except  for  those community unit school districts formed
34    before January 1, 1975 that elect board members at large  and
 
SB745 Engrossed             -587-              LRB9101253EGfg
 1    without  restriction by area of residence within the district
 2    under subsection (c) of Section 11A-8 and  except  for  those
 3    combined  school  districts  formed  before  July 1, 1983 and
 4    community consolidated  school  districts  that  elect  board
 5    members at large and without restriction by area of residence
 6    within  the  district  under subsection (c) of Section 11B-7,
 7    this  format  is  used  by  community  unit   and   community
 8    consolidated  school  districts  formed  prior  to January 1,
 9    1975, and combined school districts formed prior to  July  1,
10    1983,  when  the  territory of the school district is greater
11    than 2 congressional townships, or 72 square miles  and  when
12    at  least  75%,  but  not  more  than  90%, of the population
13    resides in one  congressional  township.   In  this  case,  4
14    school   board  members  shall  be  selected  from  that  one
15    congressional township and  the  3  remaining  board  members
16    shall  be selected from the rest of the district. If a school
17    district from which school board members are to  be  selected
18    is located in a county under township organization and if the
19    surveyed  boundaries  of  a congressional township from which
20    one or more of those school board members is to be  selected,
21    as  described  by  township number and range, are coterminous
22    with the boundaries of the  township  as  identified  by  the
23    township  name  assigned  to it as a political subdivision of
24    the State, then that township  may  be  referred  to  on  the
25    ballot  by  both its township name and by township number and
26    range.)
27                           OFFICIAL BALLOT
28        Instructions  to  voter:  Membership  on  the  board   of
29    education  is  to consist of 4 members from the congressional
30    township that has at least 75% but not more than 90%  of  the
31    population,   and   3   board   members  from  the  remaining
32    congressional townships in the school district.  On the basis
33    of existing board membership, members may be elected  in  the
34    following numbers from each congressional township.
 
SB745 Engrossed             -588-              LRB9101253EGfg
 1                FOR MEMBER OF THE BOARD OF EDUCATION
 2                  TO SERVE AN UNEXPIRED 2-YEAR TERM
 3           FROM (name)........ TOWNSHIP .....  RANGE .....
 4                            VOTE FOR ONE
 5                    ( )..........................
 6                    ( )..........................
 7                FOR MEMBERS OF THE BOARD OF EDUCATION
 8                     TO SERVE A FULL 4-YEAR TERM
 9                            VOTE FOR ....
10    .....  shall  be  elected  from  (name)......  Township .....
11    Range .....;  ...... board members shall be elected from  the
12    remaining congressional townships.
13             (name).......  TOWNSHIP .....  RANGE .....
14                  ( ) ............................
15                  ( ) ............................
16            The Remaining Congressional Townships
17                  ( ) ............................
18                  ( ) ............................

19    (FORMAT 6
20        Ballot position for candidates shall be determined by the
21    order  of petition filing or lottery held pursuant to Section
22    9-11.1.
23        This format is used by school districts in  which  voters
24    have  approved  a referendum to elect school board members by
25    school board district.  The school district is  then  divided
26    into  7  school  board  districts,  each  of which elects one
27    member to the board of education.)
28                           OFFICIAL BALLOT
29                   DISTRICT ....... (1 through 7)
30           FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
31                         A FULL 4-YEAR TERM
32                            VOTE FOR ONE
33             ( )   .....................................
34             ( )   .....................................
 
SB745 Engrossed             -589-              LRB9101253EGfg
 1             ( )   .....................................
 2                               (-OR-)
 3                           OFFICIAL BALLOT
 4                   DISTRICT ....... (1 through 7)
 5           FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
 6                      AN UNEXPIRED 2-YEAR TERM
 7                            VOTE FOR ONE
 8             ( )   .....................................
 9             ( )   .....................................
10             ( )   .....................................
11    REVERSE SIDE:
12                           OFFICIAL BALLOT
13                   DISTRICT ....... (1 through 7)
14                      (Precinct name or number)
15      School District No. ......, ........... County, Illinois
16        Election Tuesday (insert date) ..........., 19......
17             (facsimile signature of Election Authority)
18                              (County)

19    (FORMAT 7
20        Ballot position for incorporated and unincorporated areas
21    shall be determined  by  the  order  of  petition  filing  or
22    lottery held pursuant to Sections 9-11.1 and 9-11.2.
23        This format is used by high school districts if more than
24    15%  but  less than 30% of the taxable property is located in
25    the unincorporated territory of the school district.  In this
26    case, at least one board member shall be a  resident  of  the
27    unincorporated territory.)
28                           OFFICIAL BALLOT
29        Instructions to voter: More than 15% but less than 30% of
30    the  taxable property of this high school district is located
31    in the unincorporated territory of the  district,  therefore,
32    at  least  one  board  member  shall  be  a  resident  of the
33    unincorporated areas.
34        On the basis of existing board membership, at  least  one
 
SB745 Engrossed             -590-              LRB9101253EGfg
 1    member shall be elected from the unincorporated area.
 2           FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
 3                         A FULL 4-YEAR TERM
 4                            VOTE FOR ....
 5          ................... Area
 6               ( )   ...........................
 7               ( )   ...........................
 8          ................... Area
 9               ( )   ...........................
10               ( )   ...........................
11           FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
12                      AN UNEXPIRED 2-YEAR TERM
13                            VOTE FOR ....
14          ................... Area
15               ( )   ...........................
16               ( )   ...........................
17          ................... Area
18               ( )   ...........................
19               ( )   ...........................

20    (FORMAT 7a
21        Ballot position for candidates shall be determined by the
22    order of petition filing or lottery held pursuant to Sections
23    9-11.1 and 9-11.2.
24        This format is used by high school districts if more than
25    15%  but  less than 30% of the taxable property is located in
26    the unincorporated territory of the school  district  and  on
27    the  basis  of  existing  board membership no board member is
28    required to be elected from the unincorporated area.)
29                           OFFICIAL BALLOT
30        Instruction to voter: More than 15% but less than 30%  of
31    the  taxable property of this high school district is located
32    in the unincorporated territory of the  district,  therefore,
33    at  least  one  board  member  shall  be  a  resident  of the
34    unincorporated areas.
 
SB745 Engrossed             -591-              LRB9101253EGfg
 1        On the basis of existing board membership, members may be
 2    elected from any area or areas.
 3           FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
 4                         A FULL 4-YEAR TERM
 5                            VOTE FOR ....
 6           ( )   ........................................
 7           ( )   ........................................
 8           ( )   ........................................
 9           FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
10                      AN UNEXPIRED 2-YEAR TERM
11                            VOTE FOR ....
12           ( )   ........................................
13           ( )   ........................................
14           ( )   ........................................

15    (FORMAT 8
16        Ballot position for incorporated and unincorporated areas
17    shall be determined  by  the  order  of  petition  filing  or
18    lottery held pursuant to Sections 9-11.1 and 9-11.2.
19        This format is used by high school districts if more than
20    30%  of the taxable property is located in the unincorporated
21    territory of the school district.  In this case, at least two
22    board  members  shall  be  residents  of  the  unincorporated
23    territory.)
24                           OFFICIAL BALLOT
25        Instructions to voters: Thirty percent (30%) or  more  of
26    the  taxable property of this high school district is located
27    in the unincorporated territory of the  district,  therefore,
28    at  least  two  board  members  shall  be  residents  of  the
29    unincorporated territory.
30        On  the  basis  of  existing  board membership at least 2
31    members shall be elected from the unincorporated area.
32           FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
33                         A FULL 4-YEAR TERM
34                            VOTE FOR ....
 
SB745 Engrossed             -592-              LRB9101253EGfg
 1          ................... Area
 2               ( )   ...........................
 3               ( )   ...........................
 4          ................... Area
 5               ( )   ...........................
 6               ( )   ...........................
 7           FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
 8                      AN UNEXPIRED 2-YEAR TERM
 9                            VOTE FOR ....
10          ................... Area
11               ( )   ...........................
12               ( )   ...........................
13          ................... Area
14               ( )   ...........................
15               ( )   ...........................

16    (FORMAT 8a
17        Ballot position for incorporated and unincorporated areas
18    shall be determined  by  the  order  of  petition  filing  or
19    lottery held pursuant to Sections 9-11.1 and 9-11.2.
20        This format is used by high school districts if more than
21    30%  of the taxable property is located in the unincorporated
22    territory of the school district.  In this case, at least two
23    board  members  shall  be  residents  of  the  unincorporated
24    territory.)
25                           OFFICIAL BALLOT
26        Instructions to voters: Thirty percent (30%) or  more  of
27    the  taxable property of this high school district is located
28    in the unincorporated territory of the  district,  therefore,
29    at  least  two  board  members  shall  be  residents  of  the
30    unincorporated territory.
31        On  the  basis  of existing board membership at least one
32    member shall be elected from the unincorporated area.
33           FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
34                         A FULL 4-YEAR TERM
 
SB745 Engrossed             -593-              LRB9101253EGfg
 1                            VOTE FOR ....
 2          ................... Area
 3               ( )   ...........................
 4               ( )   ...........................
 5          ................... Area
 6               ( )   ...........................
 7               ( )   ...........................
 8           FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
 9                      AN UNEXPIRED 2-YEAR TERM
10                            VOTE FOR ....
11          ................... Area
12               ( )   ...........................
13               ( )   ...........................
14          ................... Area
15               ( )   ...........................
16               ( )   ...........................

17    (FORMAT 8b
18        Ballot position for incorporated and unincorporated areas
19    shall be determined  by  the  order  of  petition  filing  or
20    lottery held pursuant to Sections 9-11.1 and 9-11.2.
21        This format is used by high school districts if more than
22    30%  of the taxable property is located in the unincorporated
23    territory of the school district.  In this case, at least two
24    board  members  shall  be  residents  of  the  unincorporated
25    territory.)
26                           OFFICIAL BALLOT
27        Instructions to voters: Thirty percent (30%) or  more  of
28    the  taxable property of this high school district is located
29    in the unincorporated territory of the  district,  therefore,
30    at  least  two  board  members  shall  be  residents  of  the
31    unincorporated territory.
32        On the basis of existing board membership, members may be
33    elected from any area or areas.
34           FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
 
SB745 Engrossed             -594-              LRB9101253EGfg
 1                         A FULL 4-YEAR TERM
 2                            VOTE FOR ....
 3               ( )   ...........................
 4               ( )   ...........................
 5               ( )   ...........................
 6               ( )   ...........................
 7           FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
 8                      AN UNEXPIRED 2-YEAR TERM
 9                            VOTE FOR ....
10               ( )   ...........................
11               ( )   ...........................
12               ( )   ...........................
13               ( )   ...........................
14    (Source: P.A.  89-129,  eff.  7-14-95; 89-416, eff. 11-22-95;
15    89-579,  eff.  7-30-96;  90-14,  eff.  7-1-97;  90-459,  eff.
16    8-17-97; revised 10-19-98.)

17        (105 ILCS 5/9-12.1) (from Ch. 122, par. 9-12.1)
18        Sec. 9-12.1.  (a)  On the reverse  side  of  each  ballot
19    contained  in Section 9-12, except the ballot under Format 6,
20    shall be printed the following:
21                           OFFICIAL BALLOT
22                       ..... County, Illinois
23          School District No. ...., ...... County, Illinois
24             Election Tuesday, (insert date) ...., 19...
25           (facsimile signature of the election authority)
26        (b)  If 6-year terms have been adopted under Section 9-5,
27    or if a ballot is to be used to elect a member or members  of
28    a  board  of  school  directors  or board of education at the
29    consolidated election held in April of 1999 or April of  2001
30    to  a  full term that is less than a 4-year term, appropriate
31    adjustments should be made to each ballot  in  Section  9-12.
32    In  the  case  of  any unexpired term each ballot format must
33    indicate whether it is a 4-year or a 2-year unexpired term.
 
SB745 Engrossed             -595-              LRB9101253EGfg
 1    (Source: P.A. 90-637, eff. 7-24-98; revised 10-19-98.)

 2        (105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
 3        Sec. 10-5. Organization of board -  Report  to  treasurer
 4    and  regional superintendent of schools.  Within 7 days after
 5    the regular election of directors, the directors  shall  meet
 6    and  organize by appointing one of their number president and
 7    another as clerk, except that when directors are  elected  at
 8    the  consolidated  elections  in  April  of 1999 and April of
 9    2001, the directors shall meet and organize,  in  the  manner
10    provided  by  this  Section,  within  7  days after the first
11    Tuesday after the first Monday of November in each of those 2
12    years.  The clerk shall at once report to the  treasurer  and
13    regional superintendent of schools the names of the president
14    and  clerk  so appointed.  Upon organizing itself as provided
15    in this Section, the board of school  directors  shall  enter
16    upon  the  discharge  of  its  duties.   Terms of members are
17    subject to Section 2A-54 of  the  Election  Code,  except  as
18    otherwise limited by subsection (c) of Section 10-4.
19    (Source:  P.A.  90-358,  eff.  1-1-98;  90-637, eff. 7-24-98;
20    90-757, eff. 8-14-98; revised 9-16-98.)

21        (105 ILCS 5/10-18) (from Ch. 122, par. 10-18)
22        Sec. 10-18. Orders.
23        Every order issued by the school board  shall  state  for
24    what  purposes  or on what account it is issued, and shall be
25    in the following form:
26    $.... State of Illinois, (insert date) ...., 19..
27                            THE TREASURER
28                            (Insert name)
29    Of School District No. .... in .... County,
30    Pay to the order of .... the sum of .... Dollars, for........
31    .............................................................
32    .............................................................
 
SB745 Engrossed             -596-              LRB9101253EGfg
 1    By order of the School Board of
 2        District No. ...., in said County.
 3    Order No. ....
 4                                     ...................President
 5                                     ........Clerk (or Secretary)
 6        An order paid in full and properly endorsed  shall  be  a
 7    sufficient  receipt for the purposes of this Act.  The school
 8    board shall issue  no  order,  except  for  teachers'  wages,
 9    unless at the time there are sufficient funds in the hands of
10    the treasurer to pay it.
11    (Source: Laws 1961, p. 31; revised 10-19-98.)

12        (105 ILCS 5/10-22.22b) (from Ch. 122, par. 10-22.22b)
13        Sec.  10-22.22b.   (a)  The provisions of this subsection
14    shall not apply to the deactivation of a high school facility
15    under subsection (c).  Where in its judgment the interests of
16    the district and of the students therein will be best served,
17    to deactivate any high school facility in  the  district  and
18    send  the students of such high school in grades 9 through 12
19    to schools in other districts.  Such action may be taken only
20    with the approval of the  voters  in  the  district  and  the
21    approval,  by  proper  resolution, of the school board of the
22    receiving district.  The board of the district  contemplating
23    deactivation   shall,   by   proper   resolution,  cause  the
24    proposition to deactivate the  high  school  facility  to  be
25    submitted  to  the  voters  of  the  district  at a regularly
26    scheduled election.  Notice shall be published  at  least  10
27    days  prior  to the date of the election at least once in one
28    or more newspapers  published  in  the  district  or,  if  no
29    newspaper  is  published  in  the  district,  in  one or more
30    newspapers with a general circulation within the  district  .
31    The notice shall be substantially in the following form:
32                       NOTICE OF REFERENDUM TO
33               DEACTIVATE THE ... HIGH SCHOOL FACILITY
 
SB745 Engrossed             -597-              LRB9101253EGfg
 1                   IN SCHOOL DISTRICT NO. ........
 2        Notice  is  hereby  given that on (insert date), the ....
 3    day of ...., 19.., a referendum  will  be  held  in  ........
 4    County  (Counties)  for  the purpose of voting for or against
 5    the proposition to deactivate the ...... High School facility
 6    in School District No. ...... and to send  pupils  in  ......
 7    High School to School District(s) No. .......
 8        The  polls will be open at .... o'clock ... m., and close
 9    at .... o'clock ... m. of the same day.
10              A............    B...............
11    Dated (insert date). this .... day of ....., 19...
12    Regional Superintendent of Schools

13    The proposition shall be in substantially the following form:
14    -------------------------------------------------------------
15        Shall the Board
16    of Education of School
17    District No. ....,                   YES
18    ..... County, Illinois, be
19    authorized to deactivate        -----------------------------
20    the .... High School facility
21    and to send pupils in .......        NO
22    High School to School
23    District(s) No. .....?
24    -------------------------------------------------------------
25    If the majority of those voting upon the proposition  in  the
26    district  contemplating  deactivation  vote  in  favor of the
27    proposition, the board of that district, upon approval of the
28    board of the receiving district,  shall  execute  a  contract
29    with the receiving district providing for the reassignment of
30    students  to  the  receiving  district.   If the deactivating
31    district  seeks  to  send  its  students  to  more  than  one
32    district, it shall execute a  contract  with  each  receiving
33    district.   The  length of the contract shall be for 2 school
34    years,  but  the  districts  may  renew  the   contract   for
 
SB745 Engrossed             -598-              LRB9101253EGfg
 1    additional  one  year  or  2 year periods.  Contract renewals
 2    shall be executed by January 1  of  the  year  in  which  the
 3    existing  contract  expires.  If the majority of those voting
 4    upon the proposition do not vote in favor of the proposition,
 5    the school facility may not be deactivated.
 6        The sending district shall pay to the receiving  district
 7    an amount agreed upon by the 2 districts.
 8        When  the  deactivation of high school facilities becomes
 9    effective pursuant to this Section, the provisions of Section
10    24-12 relative to the contractual continued service status of
11    teachers having contractual continued service whose positions
12    are transferred from one board to the control of a  different
13    board  shall  apply,  and  the  positions  at the high school
14    facilities being deactivated held by teachers, as  that  term
15    is  defined  in  Section  24-11, having contractual continued
16    service  with  the  school  district  at  the  time  of   the
17    deactivation shall be transferred to the control of the board
18    or  boards  who shall be receiving the district's high school
19    students on the following basis:
20             (1)  positions  of  such  teachers  in   contractual
21        continued  service that were full time positions shall be
22        transferred to the control of whichever  of  such  boards
23        such teachers shall request with the teachers making such
24        requests  proceeding  in  the  order  of  those  with the
25        greatest length of continuing service with the  board  to
26        those with the shortest length of continuing service with
27        the  board,  provided that the number selecting one board
28        over another board or other boards shall not exceed  that
29        proportion  of  the  high  school  students going to such
30        board or boards; and
31             (2)  positions  of  such  teachers  in   contractual
32        continued service that were full time positions and as to
33        which  there  is  no  selection left under subparagraph 1
34        hereof shall be transferred to the appropriate board.
 
SB745 Engrossed             -599-              LRB9101253EGfg
 1        The contractual continued service status of  any  teacher
 2    thereby  transferred  to another district is not lost and the
 3    receiving board is subject to the School Code with respect to
 4    such transferred teacher  in  the  same  manner  as  if  such
 5    teacher  was  the  district's  employee  during the time such
 6    teacher  was  actually  employed  by   the   board   of   the
 7    deactivating   district   from   which   the   position   was
 8    transferred.
 9        (b)  The  provisions  of this  subsection shall not apply
10    to the reactivation  of  a  high  school  facility  which  is
11    deactivated under subsection  (c).  The sending district may,
12    with  the  approval of the voters in the district, reactivate
13    the high school facility which was deactivated.  The board of
14    the district seeking to reactivate the school facility shall,
15    by proper resolution, cause the proposition to reactivate  to
16    be  submitted  to  the  voters of the district at a regularly
17    scheduled election.  Notice shall be published  at  least  10
18    days  prior  to the date of the election at least once in one
19    or more newspapers  published  in  the  district  or,  if  no
20    newspaper  is  published   in  the  district,  in one or more
21    newspapers with a general circulation  within  the  district.
22    The notice shall be substantially in the following form:
23                       NOTICE OF REFERENDUM TO
24             REACTIVATE THE ...... HIGH SCHOOL FACILITY
25                    IN SCHOOL DISTRICT NO. ......
26        Notice  is  hereby  given that on (insert date), the ....
27    day of ...., 19.., a referendum will be held in ...... County
28    (Counties) for the purpose  of  voting  for  or  against  the
29    proposition  to  reactivate the ..... High School facility in
30    School District No. ..... and to discontinue  sending  pupils
31    of School District No. ...... to School District(s) No. .....
32        The polls will be opened at ... o'clock .. m., and closed
33    at ... o'clock .. m. of the same day.
34              A.............    B............
 
SB745 Engrossed             -600-              LRB9101253EGfg
 1    Dated (insert date). this .... day of ...., 19...
 2    Regional Superintendent of Schools

 3    The proposition shall be in substantially the following form:
 4    -------------------------------------------------------------
 5        Shall the Board
 6    of Education of School                   YES
 7    District No. ......,
 8    ...... County, Illinois,
 9    be authorized to                     ------------------------
10    reactivate the .... High School
11    facility and to discontinue sending
12    pupils of School District No. ....       NO
13    to School District(s) No. ......?
14    -------------------------------------------------------------
15        (c)  The  school  board of any unit school district which
16    experienced a strike by a majority of its certified employees
17    that endured for over 6 months during the regular school term
18    of the 1986-1987 school year, and which  during  the  ensuing
19    1987-1988  school  year had an enrollment in grades 9 through
20    12 of less than 125 students may, when in  its  judgment  the
21    interests of the district and of the students therein will be
22    best  served  thereby,  deactivate the high school facilities
23    within the district for the regular  term  of  the  1988-1989
24    school year and, for that school year only, send the students
25    of  such  high  school  in  grades 9 through 12 to schools in
26    adjoining or adjacent districts.  Such  action  may  only  be
27    taken:    (a)  by  proper  resolution  of  the  school  board
28    deactivating its high school facilities and the approval,  by
29    proper  resolution,  of  the  school  board  of the receiving
30    district or districts, and (b) pursuant to a contract between
31    the sending and each receiving district,  which  contract  or
32    contracts:  (i)  shall  provide  for  the reassignment of all
33    students of the deactivated high school in grades  9  through
34    12  to  the receiving district or districts; (ii) shall apply
 
SB745 Engrossed             -601-              LRB9101253EGfg
 1    only to the regular school term of the 1988-1989 school year;
 2    (iii) shall not be subject to renewal or extension; and  (iv)
 3    shall  require  the  sending district to pay to the receiving
 4    district the cost of educating each student who is reassigned
 5    to the receiving district, such costs to be an amount  agreed
 6    upon  by the sending and receiving district but not less than
 7    the per capita cost of maintaining the  high  school  in  the
 8    receiving  district  during  the  1987-1988 school year.  Any
 9    high school facility deactivated pursuant to this  subsection
10    for  the  regular  school  term  of the 1988-1989 school year
11    shall be reactivated by operation of law as of the end of the
12    regular term of the 1988-1989 school year.  The status  as  a
13    unit school district of a district which deactivates its high
14    school  facilities  pursuant  to this subsection shall not be
15    affected by reason of such deactivation of  its  high  school
16    facilities  and  such district shall continue to be deemed in
17    law a school district maintaining grades kindergarten through
18    12  for  all  purposes  relating  to  the  levy,   extension,
19    collection  and  payment  of  the taxes of the district under
20    Article 17 for the 1988-1989 school year.
21        (d)  Whenever  a  high  school  facility  is  reactivated
22    pursuant to the provisions of this Section, then all teachers
23    in contractual continued service who were honorably dismissed
24    or transferred  as  part  of  the  deactivation  process,  in
25    addition to other rights they may have under The School Code,
26    shall  be  recalled  or  transferred  back  to  the  original
27    district.
28    (Source: P.A. 88-6; revised 10-20-98.)

29        (105 ILCS 5/10-22.22c) (from Ch. 122, par. 10-22.22c)
30        Sec.  10-22.22c.  (a) Subject to the following provisions
31    of this Section two or more contiguous school districts  each
32    of  which  has  an  enrollment in grades 9 through 12 of less
33    than 600 students may, when in their judgment the interest of
 
SB745 Engrossed             -602-              LRB9101253EGfg
 1    the districts and  of  the  students  therein  will  be  best
 2    served,  jointly  operate one or more cooperative high school
 3    attendance centers.  Such action shall be taken for a minimum
 4    period of 5 school years, and may  be  taken  only  with  the
 5    approval of the voters of each district.  A district with 600
 6    or  more students enrolled in grades 9 through 12 may qualify
 7    for inclusion with one or more  districts  having  less  than
 8    600  such  students by receiving a size waiver from the State
 9    Board of Education based on a  finding  that  such  inclusion
10    would significantly increase the educational opportunities of
11    the   district's   students,   and   by   meeting  the  other
12    prerequisites of this Section.  The board  of  each  district
13    contemplating   such   joint   operation   shall,  by  proper
14    resolution, cause the proposition to enter  into  such  joint
15    operation  to be submitted to the voters of the district at a
16    regularly scheduled election.  Notice shall be  published  at
17    least 10 days prior to the date of the election at least once
18    in one or more newspapers published in the district or, if no
19    newspaper  is  published  in  the  district,  in  one or more
20    newspapers with a general circulation  within  the  district.
21    The notice shall be substantially in the following form:
22              NOTICE OF REFERENDUM FOR SCHOOL DISTRICT
23             NO. ....... AND SCHOOL DISTRICT NO. .......
24               TO JOINTLY OPERATE (A) COOPERATIVE HIGH
25                 SCHOOL ATTENDANCE CENTER (CENTERS)
26        Notice is hereby given that on (insert date), the .......
27    day  of ......., 19...., a referendum will be held in .......
28    County (Counties) for the purpose of voting  for  or  against
29    the  proposition  for  School District No. ....... and School
30    District No. ....... to jointly operate (a) cooperative  high
31    school attendance center (centers).
32        The polls will be open at ....... o'clock ....... m., and
33    close at ....... o'clock ....... m., of the same day.
34                                           A ........  B ........
 
SB745 Engrossed             -603-              LRB9101253EGfg
 1    Dated (insert date).
 2    this ....... day of ......., 19......
 3    Regional Superintendent of Schools

 4        The  proposition  shall be in substantially the following
 5    form:
 6    -------------------------------------------------------------
 7    Shall the Board of Education of
 8    School District No. ...., .....                 YES
 9    County (Counties), Illinois be
10    authorized to enter with
11    into an agreement with School          ----------------------
12    District No. ...., .... County
13    (Counties), Illinois to jointly
14    operate (a) cooperative high                     NO
15    school attendance center (centers)?
16    -------------------------------------------------------------
17    If the majority of those voting on the  proposition  in  each
18    district  vote in favor of the proposition, the school boards
19    of the participating districts may, if they agree  on  terms,
20    execute  a  contract  for such joint operation subject to the
21    following provisions of this Section.
22        (b)  The  agreement  for  joint  operation  of  any  such
23    cooperative high school attendance center shall  be  executed
24    on  forms  provided by the State Board of Education and shall
25    include, but not be limited to, a process to resolve disputes
26    on matter which each  participating  district  cannot  agree,
27    provisions for administration, staff, programs, financing and
28    transportation  subject  to  the  provisions of this Section.
29    Such agreements may be modified, extended, or  terminated  by
30    approval  of  each of the participating districts.  Even if 2
31    or more of  the  participating  district  boards  approve  an
32    extension  of the agreement, any other participating district
33    shall, upon failure of its board to approve  such  extension,
34    disengage  from  such  participation  at  the end of the then
 
SB745 Engrossed             -604-              LRB9101253EGfg
 1    current agreement term.
 2        (c)  An advisory board, which shall govern the  operation
 3    of  any such cooperative high school attendance center, shall
 4    be composed of an equal number of board members from each  of
 5    the   participating   districts,   except   that   where  all
 6    participating  district  boards  concur,  membership  on  the
 7    advisory board may be apportioned to reflect  the  number  of
 8    students  in each respective district.  The membership of the
 9    advisory board shall be not less than 6  nor  more  than  10.
10    The school board of each participating district shall select,
11    from  its  membership,  its  representatives  on the advisory
12    board.  The advisory board  shall  prepare  and  recommend  a
13    budget  for  the  cooperative  high  school attendance center
14    which  must  be  approved  by  each  of   the   participating
15    districts.
16        (d)  Each participating school district shall provide any
17    necessary   transportation   for  students  residing  in  the
18    district,  or  enter  into  an  agreement  with   the   other
19    participating districts for transportation of its students.
20        (e)  Each participating district shall pay its per capita
21    cost  of  educating the students residing in its district and
22    attending any such cooperative high school attendance  center
23    into  the  budget  for  the  maintenance and operation of the
24    cooperative high school attendance center or centers.
25        Such per capita cost shall be computed in  the  following
26    manner.   The  cost  of  operating  and maintaining each such
27    cooperative high school  attendance  center  shall  be  first
28    determined  by  the  advisory  board  and  shall  include the
29    following expenses applicable only to  each  such  attendance
30    center  under  rules and regulations established by the State
31    Board of Education as follows:
32        (1)  Salaries  of  principals,   teachers,   professional
33    workers,  necessary noncertified workers, clerks, librarians,
34    custodial  employees,   and   any   district   taxes   levied
 
SB745 Engrossed             -605-              LRB9101253EGfg
 1    specifically for their pension and retirement benefits.
 2        (2)  Educational   supplies   and   equipment,  including
 3    textbooks.
 4        (3)  Administrative costs and communication.
 5        (4)  Operation of physical plant, including heat,  light,
 6    water, repairs, and maintenance.
 7        (5)  Auxiliary   service,   including   up   to   20%  of
 8    unreimbursed transportation costs.
 9        (6)  Depreciation of physical facilities at a rate not to
10    exceed $200 per pupil.
11        (f)  Additional school districts having an enrollment  in
12    grades 9 through 12 of less than 600 students may be added to
13    the  agreement  in  accordance  with the process described in
14    subsection (a) of this  Section.   In  the  event  additional
15    districts  are  added,  a  new  contract shall be executed in
16    accordance with the provisions of this Section.
17        (g)  Administrators, teachers and other staff assigned to
18    the cooperative high school attendance center or  centers  by
19    participating  school  districts shall continue to be subject
20    to employment by and to maintain all rights,  privileges  and
21    benefits  in  the  districts  from  which they were assigned,
22    however, the participating districts  may  jointly  employ  a
23    principal  to  oversee  the administration of the cooperative
24    high  school  attendance  center   agreement   provided   the
25    principal  does not have authority to employ or terminate the
26    employment of other personnel.
27    (Source: P.A. 85-759; 85-1005; revised 10-20-98.)

28        (105 ILCS 5/11A-5) (from Ch. 122, par. 11A-5)
29        Sec. 11A-5.  Holding of election.
30        (a)  Elections  provided  by  this   Article   shall   be
31    conducted in accordance with the general election law.
32        (b)  The  notice  shall be in substantially the following
33    form:
 
SB745 Engrossed             -606-              LRB9101253EGfg
 1                  NOTICE OF REFERENDUM TO ESTABLISH
 2                      A COMMUNITY UNIT DISTRICT
 3             NOTICE is hereby given that on  (insert  date),  the
 4        ...  day  of  ...  19  ..,  a  referendum will be held in
 5        part(s) of ..... county (counties)  for  the  purpose  of
 6        voting  for  or  against  the  proposition to establish a
 7        community  unit  school  district   for   the   following
 8        described   territory:   (Here   describe   territory  by
 9        districts or portions thereof, numbering them.)
10             The election is called and will be held pursuant  to
11        an  order of the Regional Superintendent dated on (insert
12        date), the ... day of ..., 19 .. which order states  that
13        the tax rates for educational, operations and maintenance
14        and  the  purchase  and  improvements  of school grounds,
15        pupil transportation,  and  fire  prevention  and  safety
16        purposes,  respectively,  for the proposed community unit
17        school district shall be ..... for educational  purposes,
18        .....  for  operations  and  maintenance purposes and the
19        purchase and improvements of school  grounds,  .....  for
20        pupil   transportation   purposes,   and  ....  for  fire
21        prevention and safety purposes,  and  which  rates  shall
22        constitute  the  tax  rates for the community unit school
23        district, if a majority of the  voters  in  each  of  the
24        affected  school  districts  voting on the proposition at
25        the referendum vote in favor thereof.
26             Dated (insert date). this ..... day of ... 19 ..
27             Regional Superintendent of Schools
28             ..................................
29        (c)  Whenever the members of the board  of  education  of
30    the community unit school district proposed to be established
31    are  to  be  elected  at  the  same  election  at  which  the
32    proposition  to establish that district is to be submitted to
33    the voters, that fact shall be included in the notice.
34    (Source: P.A. 87-10; 87-185; 87-895; revised 10-20-98.)
 
SB745 Engrossed             -607-              LRB9101253EGfg
 1        (105 ILCS 5/11B-5) (from Ch. 122, par. 11B-5)
 2        Sec. 11B-5.  Holding of election.
 3        (a)  Elections  provided  by  this   Article   shall   be
 4    conducted in accordance with the general election law.
 5        (b)  The  notice  shall be in substantially the following
 6    form:
 7                        NOTICE OF REFERENDUM
 8                TO ESTABLISH COMBINED SCHOOL DISTRICT
 9             NOTICE is hereby given that on  (insert  date),  the
10        ......  day of ...... 19......, a referendum will be held
11        in part(s) of ...... county (counties) for the purpose of
12        voting for or against  the  proposition  to  establish  a
13        combined  school  district  for  the  following described
14        territory:   (Here  describe  territory   by   districts,
15        numbering them.)
16             The  election is called and will be held pursuant to
17        an order of the Regional Superintendent dated on  (insert
18        date),  the  ......  day  of ......, 19...... which order
19        states that the tax rates for educational, operations and
20        maintenance and the purchase and improvements  of  school
21        grounds,  pupil  transportation,  and fire prevention and
22        safety purposes, respectively, for said proposed combined
23        school district shall be ...... for educational purposes,
24        ...... for operations and maintenance  purposes  and  the
25        purchase  and  improvements  of school grounds, ..... for
26        pupil  transportation  purposes,  and  .....   for   fire
27        prevention  and  safety  purposes,  and which rates shall
28        constitute  the  tax  rates  for  the   combined   school
29        district,  if  a  majority  of  the  voters voting on the
30        proposition at the referendum vote in favor thereof.
31                                             Dated (insert date).
32                               this ...... day of ...... 19......
33                               Regional Superintendent of Schools
34                              ...................................
 
SB745 Engrossed             -608-              LRB9101253EGfg
 1        (c)  Whenever the members of the board  of  education  of
 2    the  combined  school district proposed to be established are
 3    to be elected at the same election at which  the  proposition
 4    to  establish that district is to be submitted to the voters,
 5    that fact shall be included in the notice.
 6    (Source: P.A. 87-10; 87-185; 87-895; revised 10-20-98.)

 7        (105 ILCS 5/11D-4) (from Ch. 122, par. 11D-4)
 8        Sec. 11D-4.  Holding of election.
 9        (a)  Elections  provided  by  this   Article   shall   be
10    conducted in accordance with the general election law.
11        (b)  The  notice  shall be in substantially the following
12    form:
13           NOTICE OF REFERENDUM TO DISSOLVE CERTAIN SCHOOL
14        DISTRICTS AND ESTABLISH CERTAIN NEW SCHOOL DISTRICTS
15             NOTICE is hereby given that on  (insert  date),  the
16        ...  day  of  ...  19  ..,  a  referendum will be held in
17        part(s) of ..... county (counties)  for  the  purpose  of
18        voting  for  or against the proposition to dissolve (here
19        name the districts to be dissolved) and to establish  new
20        school  districts  for the following described territory:
21        (Here describe territory by districts, numbering them.)
22             The election is called and will be held pursuant  to
23        an  order of the Regional Superintendent dated on (insert
24        date), the ... day of ..., 19 .. which order states  that
25        the   tax   rates   for   educational,   operations   and
26        maintenance,  pupil  transportation,  and fire prevention
27        and safety purposes, respectively, for the  proposed  new
28        school   districts  shall  be  as  follows  (stating  the
29        following separately for each of the new school districts
30        proposed to be established):
31             For .... (here  state  elementary  or  high  school)
32        District  No.  ....,  tax  rates of ..... for educational
33        purposes, ..... for operations and maintenance  purposes,
 
SB745 Engrossed             -609-              LRB9101253EGfg
 1        ...  for  pupil transportation purposes, and ... for fire
 2        prevention and safety purposes,  and  which  rates  shall
 3        constitute  the tax rates for .... (here state elementary
 4        or high school) District No. ...., if a majority  of  the
 5        voters  voting  on the proposition at the referendum vote
 6        in favor thereof.
 7             Dated (insert date). this ..... day of ... 19 ..
 8             Regional Superintendent of Schools
 9             ..................................
10        (c)  Whenever the members of a board of  education  of  a
11    high  school  or  elementary  school  district proposed to be
12    established are to be elected at the same election  at  which
13    the proposition to establish that district is to be submitted
14    to the voters, that fact shall be included in the notice.
15    (Source:   P.A.   86-1334;  87-10;  87-185;  87-895;  revised
16    10-20-98.)

17        (105 ILCS 5/12-11.1) (from Ch. 122, par. 12-11.1)
18        Sec. 12-11.1. Tax levy.  Levy a tax annually upon all the
19    taxable property of the district not to exceed 1% of value as
20    equalized or assessed by the Department of Revenue,  for  the
21    purpose  of  paying the tuition of all eighth-grade graduates
22    residing within the district attending  any  recognized  high
23    school.   The  board  of  education  of  such  nonhigh school
24    district may by proper  resolution  cause  a  proposition  to
25    increase the annual tax rate for such purpose to be submitted
26    to  the  voters  of  such  district  at any regular scheduled
27    election.  The rate shall not  be  increased  at  any  single
28    referendum  more  than  0.21%  upon the value as equalized or
29    assessed by the Department of Revenue for such  purpose,  and
30    the  maximum  rate  for  such purpose shall not exceed 1.60%.
31    Such amount shall be certified and  returned  to  the  county
32    clerk  on  or  before  the  last Tuesday in September of each
33    year.  The certificate shall be signed by the  president  and
 
SB745 Engrossed             -610-              LRB9101253EGfg
 1    the secretary of the board and may be in the following form:
 2                       CERTIFICATE OF TAX LEVY
 3        We hereby certify that we require the sum of .... dollars
 4    to be levied as a special tax to pay the tuition of graduates
 5    of  the  eighth grade residing in the nonhigh school district
 6    of .... County, on the equalized assessed  valuation  of  the
 7    taxable property of our nonhigh school district.
 8        Signed on (insert date). this.... day of...., 19...
 9                      A..... B....., President
10                      C..... D....., Secretary

11        A  failure  to  certify and return the certificate of tax
12    levy to the county clerk  in  the  time  required  shall  not
13    vitiate the assessment.
14    (Source: P.A. 81-1489; 81-1509; revised 10-20-98.)

15        (105 ILCS 5/14A-4) (from Ch. 122, par. 14A-4)
16        Sec. 14A-4. Advisory Council.  There is hereby created an
17    Advisory  Council  on Education of Gifted Children to consist
18    of 7 members appointed by the State Board of  Education,  who
19    shall  hold office for 4 years.  Vacancies shall be filled in
20    like manner for the  unexpired  balance  of  the  term  only.
21    Members   holding  office  on  the  effective  date  of  this
22    amendatory Act of 1983 shall continue to serve for  the  term
23    to  which  they were appointed, but their successors shall be
24    appointed for terms of 4 years.
25        The members appointed shall be  citizens  of  the  United
26    States and of this State and shall be selected, as far as may
27    be  practicable,  on  the  basis  of  their  knowledge of, or
28    experience in, programs and  problems  of  the  education  of
29    gifted  children.   The  State  Board of Education shall take
30    into  consideration  recommendations   recommmendations   for
31    membership    on   the   Council   from   statewide   teacher
32    organizations.
33        The State Board of Education shall seek the advice of the
 
SB745 Engrossed             -611-              LRB9101253EGfg
 1    Advisory Council regarding all rules  or  regulations  to  be
 2    promulgated by the State Board.
 3        The  Council  shall  organize with a chairman selected by
 4    the Council members  and  shall  meet  at  the  call  of  the
 5    chairman  upon  10 days' ten days written notice but not less
 6    than 4 four times in each calendar year.  The  Council  shall
 7    consider  any  rule or regulation proposed by the State Board
 8    of  Education  within  40  days  after  its  receipt  by  the
 9    chairman.   Members  of  the  Council  shall  serve   without
10    compensation  but shall be entitled to reasonable amounts for
11    expenses necessarily incurred in  the  performance  of  their
12    duties.
13        The  State Board of Education shall designate an employee
14    of the State Board to  act  as  executive  secretary  of  the
15    Council  and  shall furnish all clerical assistance necessary
16    for the performance of its powers and duties.
17    (Source: P.A. 83-252; revised 2-24-98.)

18        (105 ILCS 5/17-2C)
19        Sec.  17-2C.   Transfer  from  Tort  Immunity   Fund   by
20    financially distressed school districts.  The school board of
21    any school district that is certified under Section 19-1.5 as
22    a  financially  distressed  school district may by resolution
23    transfer from the Tort Immunity  Fund  to  any  other  school
24    district  fund an amount of money not to exceed the lesser of
25    $2,500,000 or 0.6% of  the  value  of  the  taxable  property
26    within  the  district, provided the amount transferred is not
27    then required for the payment of any liabilities created by a
28    settlement or a tort judgement, defense  costs,  or  for  the
29    payment  of  any liabilities under the Unemployment Insurance
30    Act,  Workers'  Compensation   Act,   Workers'   Occupational
31    Diseases Act, or risk care management programs.
32    (Source: P.A. 88-641, eff. 9-9-94; revised 10-31-98.)
 
SB745 Engrossed             -612-              LRB9101253EGfg
 1        (105 ILCS 5/17-11) (from Ch. 122, par. 17-11)
 2        Sec.  17-11.   Certificate of tax levy.  The school board
 3    of each district shall ascertain,  as  near  as  practicable,
 4    annually,  how  much  money must be raised by special tax for
 5    transportation purposes if any and for  educational  and  for
 6    operations  and  maintenance  purposes  for  the next ensuing
 7    year.  In school districts with a  population  of  less  than
 8    500,000,  these  amounts  shall  be certified and returned to
 9    each county clerk on or before the last Tuesday in  December,
10    annually.   The  certificate shall be signed by the president
11    and clerk or secretary, and may be in the following form:
12                       CERTIFICATE OF TAX LEVY
13        We hereby certify that  we  require  the  sum  of  ......
14    dollars,  to  be  levied  as a special tax for transportation
15    purposes and the sum of ...... dollars  to  be  levied  as  a
16    special  tax  for  educational  purposes,  and the sum ......
17    dollars to be levied as a  special  tax  for  operations  and
18    maintenance purposes, and the sum of ...... to be levied as a
19    special  tax  for  a  working  cash  fund,  on  the equalized
20    assessed value of the taxable property of our  district,  for
21    the year (insert year). 19.....
22        Signed   on   (insert   date).   this   .......   day  of
23    ..............., 19....
24        A ........... B ............., President
25        C ........... D............., Clerk (Secretary)
26        Dist. No. .........., ............ County

27        A failure by the school board  to  file  the  certificate
28    with  the county clerk in the time required shall not vitiate
29    the assessment.
30    (Source: P.A. 86-13; 86-1334; 87-17; revised 10-20-98.)

31        (105 ILCS 5/18-8.05)
32        Sec. 18-8.05.  Basis for apportionment of  general  State
33    financial  aid  and  supplemental  general  State  aid to the
 
SB745 Engrossed             -613-              LRB9101253EGfg
 1    common schools for the 1998-1999 and subsequent school years.

 2    (A)  General Provisions.
 3        (1)  The  provisions  of  this  Section  apply   to   the
 4    1998-1999 and subsequent school years.  The system of general
 5    State  financial aid provided for in this Section is designed
 6    to assure that, through a combination of State financial  aid
 7    and  required local resources, the financial support provided
 8    each pupil in Average Daily Attendance equals  or  exceeds  a
 9    prescribed per pupil Foundation Level.  This formula approach
10    imputes  a  level  of per pupil Available Local Resources and
11    provides for the basis to calculate  a  per  pupil  level  of
12    general  State  financial  aid  that, when added to Available
13    Local Resources, equals or exceeds the Foundation Level.  The
14    amount of per pupil general State financial  aid  for  school
15    districts,   in   general,  varies  in  inverse  relation  to
16    Available Local Resources.  Per pupil amounts are based  upon
17    each  school district's Average Daily Attendance as that term
18    is defined in this Section.
19        (2)  In addition to general State financial  aid,  school
20    districts  with  specified levels or concentrations of pupils
21    from  low  income  households   are   eligible   to   receive
22    supplemental  general  State financial aid grants as provided
23    pursuant to subsection (H). The supplemental State aid grants
24    provided for school districts under subsection (H)  shall  be
25    appropriated  for distribution to school districts as part of
26    the same line item in which the general State  financial  aid
27    of school districts is appropriated under this Section.
28        (3)  To  receive financial assistance under this Section,
29    school districts are required to file claims with  the  State
30    Board of Education, subject to the following requirements:
31             (a)  Any  school  district which fails for any given
32        school year to maintain school as required by law, or  to
33        maintain  a recognized school is not eligible to file for
34        such school year any claim upon the Common  School  Fund.
 
SB745 Engrossed             -614-              LRB9101253EGfg
 1        In  case  of  nonrecognition  of  one  or more attendance
 2        centers  in  a  school   district   otherwise   operating
 3        recognized  schools,  the  claim of the district shall be
 4        reduced  in  the  proportion  which  the  Average   Daily
 5        Attendance  in  the  attendance center or centers bear to
 6        the Average Daily Attendance in the school  district.   A
 7        "recognized  school"  means any public school which meets
 8        the standards as established for recognition by the State
 9        Board of Education.   A  school  district  or  attendance
10        center  not  having  recognition  status  at the end of a
11        school term is entitled to receive State aid payments due
12        upon  a  legal  claim  which  was  filed  while  it   was
13        recognized.
14             (b)  School district claims filed under this Section
15        are subject to Sections 18-9, 18-10, and 18-12, except as
16        otherwise provided in this Section.
17             (c)  If  a  school  district  operates  a  full year
18        school under Section 10-19.1, the general  State  aid  to
19        the  school  district  shall  be  determined by the State
20        Board of Education in accordance  with  this  Section  as
21        near as may be applicable.
22             (d) (Blank).
23        (4)  Except  as  provided in subsections (H) and (L), the
24    board of any district receiving any of  the  grants  provided
25    for  in  this  Section  may  apply those funds to any fund so
26    received  for  which  that  board  is  authorized   to   make
27    expenditures by law.
28        School  districts  are  not  required  to exert a minimum
29    Operating Tax Rate in order to qualify for  assistance  under
30    this Section.
31        (5)  As  used  in  this Section the following terms, when
32    capitalized, shall have the meaning ascribed herein:
33             (a)  "Average Daily Attendance":  A count  of  pupil
34        attendance   in  school,  averaged  as  provided  for  in
 
SB745 Engrossed             -615-              LRB9101253EGfg
 1        subsection  (C)  and  utilized  in  deriving  per   pupil
 2        financial support levels.
 3             (b)  "Available  Local Resources":  A computation of
 4        local financial  support,  calculated  on  the  basis  of
 5        Average Daily Attendance and derived as provided pursuant
 6        to subsection (D).
 7             (c)  "Corporate    Personal   Property   Replacement
 8        Taxes":  Funds paid to local school districts pursuant to
 9        "An Act in  relation  to  the  abolition  of  ad  valorem
10        personal  property  tax  and  the replacement of revenues
11        lost thereby, and amending and repealing certain Acts and
12        parts of Acts in connection therewith", certified  August
13        14, 1979, as amended (Public Act 81-1st S.S.-1).
14             (d)  "Foundation  Level":  A prescribed level of per
15        pupil financial support as  provided  for  in  subsection
16        (B).
17             (e)  "Operating  Tax  Rate":   All  school  district
18        property taxes extended for all purposes, except Bond and
19        Interest,  Summer  School, Rent, Capital Improvement, and
20        Vocational Education Building purposes.

21    (B)  Foundation Level.
22        (1)  The Foundation Level is a figure established by  the
23    State  representing  the minimum level of per pupil financial
24    support that should be available to  provide  for  the  basic
25    education  of each pupil in Average Daily Attendance.  As set
26    forth in this Section, each school  district  is  assumed  to
27    exert   a  sufficient  local  taxing  effort  such  that,  in
28    combination with the aggregate of general State financial aid
29    provided the  district,  an  aggregate  of  State  and  local
30    resources  are available to meet the basic education needs of
31    pupils in the district.
32        (2)  For the 1998-1999 school year, the Foundation  Level
33    of  support  is  $4,225.   For the 1999-2000 school year, the
34    Foundation Level of support is  $4,325.   For  the  2000-2001
 
SB745 Engrossed             -616-              LRB9101253EGfg
 1    school year, the Foundation Level of support is $4,425.
 2        (3)  For  the  2001-2002 school year and each school year
 3    thereafter, the Foundation Level of support is $4,425 or such
 4    greater amount as may be established by law  by  the  General
 5    Assembly.

 6    (C)  Average Daily Attendance.
 7        (1)  For   purposes  of  calculating  general  State  aid
 8    pursuant to  subsection  (E),  an  Average  Daily  Attendance
 9    figure  shall  be  utilized.   The  Average  Daily Attendance
10    figure for formula calculation purposes shall be the  monthly
11    average  of the actual number of pupils in attendance of each
12    school district, as further averaged for the best 3 months of
13    pupil attendance for each school district.  In compiling  the
14    figures  for  the  number  of  pupils  in  attendance, school
15    districts  and  the  State  Board  of  Education  shall,  for
16    purposes of general State  aid  funding,  conform  attendance
17    figures to the requirements of subsection (F).
18        (2)  The  Average  Daily  Attendance  figures utilized in
19    subsection (E) shall be the requisite attendance data for the
20    school year immediately preceding the school year  for  which
21    general State aid is being calculated.

22    (D)  Available Local Resources.
23        (1)  For   purposes  of  calculating  general  State  aid
24    pursuant to subsection (E),  a  representation  of  Available
25    Local  Resources  per  pupil,  as  that  term  is defined and
26    determined in this subsection, shall be utilized.   Available
27    Local  Resources  per pupil shall include a calculated dollar
28    amount representing local school district revenues from local
29    property  taxes  and   from   Corporate   Personal   Property
30    Replacement  Taxes,  expressed  on  the  basis  of  pupils in
31    Average Daily Attendance.
32        (2)  In determining  a  school  district's  revenue  from
33    local  property  taxes,  the  State  Board of Education shall
 
SB745 Engrossed             -617-              LRB9101253EGfg
 1    utilize the  equalized  assessed  valuation  of  all  taxable
 2    property  of  each  school district as of September 30 of the
 3    previous year.  The  equalized  assessed  valuation  utilized
 4    shall  be  obtained  and determined as provided in subsection
 5    (G).
 6        (3)  For school districts maintaining grades kindergarten
 7    through 12, local property tax revenues per  pupil  shall  be
 8    calculated   as  the  product  of  the  applicable  equalized
 9    assessed valuation for the district multiplied by 3.00%,  and
10    divided  by  the  district's Average Daily Attendance figure.
11    For school districts maintaining grades kindergarten  through
12    8,  local property tax revenues per pupil shall be calculated
13    as the product of the applicable equalized assessed valuation
14    for the district multiplied by  2.30%,  and  divided  by  the
15    district's  Average  Daily  Attendance  figure.   For  school
16    districts maintaining grades 9 through 12, local property tax
17    revenues per pupil shall be the applicable equalized assessed
18    valuation of the district multiplied by 1.20%, and divided by
19    the district's Average Daily Attendance figure.
20        (4)  The  Corporate  Personal  Property Replacement Taxes
21    paid to each school district during the calendar year 2 years
22    before the calendar year  in  which  a  school  year  begins,
23    divided  by  the  Average  Daily  Attendance  figure for that
24    district, shall be added to the local property  tax  revenues
25    per  pupil  as  derived by the application of the immediately
26    preceding paragraph (3).  The sum of these per pupil  figures
27    for  each  school  district  shall constitute Available Local
28    Resources as that term is utilized in subsection (E)  in  the
29    calculation of general State aid.

30    (E)  Computation of General State Aid.
31        (1)  For  each  school  year, the amount of general State
32    aid allotted to a school district shall be  computed  by  the
33    State Board of Education as provided in this subsection.
34        (2)  For  any  school  district for which Available Local
 
SB745 Engrossed             -618-              LRB9101253EGfg
 1    Resources per pupil is less than the product  of  0.93  times
 2    the  Foundation  Level,  general  State aid for that district
 3    shall be calculated as an  amount  equal  to  the  Foundation
 4    Level  minus  Available  Local  Resources,  multiplied by the
 5    Average Daily Attendance of the school district.
 6        (3)  For any school district for  which  Available  Local
 7    Resources  per  pupil is equal to or greater than the product
 8    of 0.93 times the Foundation Level and less than the  product
 9    of 1.75 times the Foundation Level, the general State aid per
10    pupil  shall  be a decimal proportion of the Foundation Level
11    derived  using  a  linear  algorithm.   Under   this   linear
12    algorithm,  the  calculated general State aid per pupil shall
13    decline  in  direct  linear  fashion  from  0.07  times   the
14    Foundation  Level  for a school district with Available Local
15    Resources equal to the product of 0.93 times  the  Foundation
16    Level,  to  0.05  times  the  Foundation  Level  for a school
17    district with Available Local Resources equal to the  product
18    of  1.75  times  the  Foundation  Level.   The  allocation of
19    general State  aid  for  school  districts  subject  to  this
20    paragraph  3  shall  be  the calculated general State aid per
21    pupil figure multiplied by the Average  Daily  Attendance  of
22    the school district.
23        (4)  For  any  school  district for which Available Local
24    Resources per pupil equals or exceeds  the  product  of  1.75
25    times  the  Foundation  Level,  the general State aid for the
26    school district shall be calculated as the  product  of  $218
27    multiplied  by  the  Average  Daily  Attendance of the school
28    district.

29    (F)  Compilation of Average Daily Attendance.
30        (1)  Each school district shall, by July 1 of each  year,
31    submit  to  the State Board of Education, on forms prescribed
32    by the State Board of Education, attendance figures  for  the
33    school  year  that began in the preceding calendar year.  The
34    attendance information  so  transmitted  shall  identify  the
 
SB745 Engrossed             -619-              LRB9101253EGfg
 1    average daily attendance figures for each month of the school
 2    year,  except  that any days of attendance in August shall be
 3    added to the month of September and any days of attendance in
 4    June shall be added to the month of May.
 5        Except as otherwise provided in  this  Section,  days  of
 6    attendance  by  pupils  shall be counted only for sessions of
 7    not less than 5 clock hours of  school  work  per  day  under
 8    direct  supervision  of:  (i)  teachers, or (ii) non-teaching
 9    personnel   or   volunteer   personnel   when   engaging   in
10    non-teaching  duties  and  supervising  in  those   instances
11    specified in subsection (a) of Section 10-22.34 and paragraph
12    10  of  Section 34-18, with pupils of legal school age and in
13    kindergarten and grades 1 through 12.
14        Days of attendance by tuition pupils shall be  accredited
15    only  to  the  districts that pay the tuition to a recognized
16    school.
17        (2)  Days of attendance by pupils of less  than  5  clock
18    hours  of school shall be subject to the following provisions
19    in the compilation of Average Daily Attendance.
20             (a)  Pupils regularly enrolled in  a  public  school
21        for  only  a part of the school day may be counted on the
22        basis of 1/6 day for every class hour of  instruction  of
23        40 minutes or more attended pursuant to such enrollment.
24             (b)  Days  of  attendance  may  be less than 5 clock
25        hours on the opening and closing of the school term,  and
26        upon  the first day of pupil attendance, if preceded by a
27        day  or  days  utilized  as  an  institute  or  teachers'
28        workshop.
29             (c)  A session of 4  or  more  clock  hours  may  be
30        counted  as a day of attendance upon certification by the
31        regional  superintendent,  and  approved  by  the   State
32        Superintendent  of  Education  to  the  extent  that  the
33        district has been forced to use daily multiple sessions.
34             (d)  A  session  of  3  or  more  clock hours may be
 
SB745 Engrossed             -620-              LRB9101253EGfg
 1        counted as a day of attendance (1) when the remainder  of
 2        the school day or at least 2 hours in the evening of that
 3        day  is  utilized  for an in-service training program for
 4        teachers, up to a maximum of 5 days per  school  year  of
 5        which  a maximum of 4 days of such 5 days may be used for
 6        parent-teacher conferences, provided a district  conducts
 7        an  in-service  training  program  for teachers which has
 8        been approved by the State Superintendent  of  Education;
 9        or,  in  lieu of 4 such days, 2 full days may be used, in
10        which event each such day may be  counted  as  a  day  of
11        attendance;  and  (2)  when  days  in  addition  to those
12        provided in item (1) are scheduled by a  school  pursuant
13        to  its  school improvement plan adopted under Article 34
14        or its revised or amended school improvement plan adopted
15        under Article 2, provided that (i) such sessions of 3  or
16        more  clock  hours  are  scheduled  to  occur  at regular
17        intervals, (ii) the remainder of the school days in which
18        such sessions occur are utilized for in-service  training
19        programs   or  other  staff  development  activities  for
20        teachers, and (iii) a sufficient  number  of  minutes  of
21        school  work under the direct supervision of teachers are
22        added to the school days between such regularly scheduled
23        sessions to  accumulate  not  less  than  the  number  of
24        minutes  by  which such sessions of 3 or more clock hours
25        fall short of 5 clock hours. Any full days used  for  the
26        purposes  of  this  paragraph shall not be considered for
27        computing average daily attendance.  Days  scheduled  for
28        in-service    training    programs,   staff   development
29        activities,  or   parent-teacher   conferences   may   be
30        scheduled  separately  for  different  grade  levels  and
31        different attendance centers of the district.
32             (e)  A  session  of  not less than one clock hour of
33        teaching of hospitalized or homebound pupils  on-site  or
34        by  telephone  to the classroom may be counted as 1/2 day
 
SB745 Engrossed             -621-              LRB9101253EGfg
 1        of attendance, however these pupils  must  receive  4  or
 2        more  clock hours of instruction to be counted for a full
 3        day of attendance.
 4             (f)  A session of at least  4  clock  hours  may  be
 5        counted  as  a  day of attendance for first grade pupils,
 6        and pupils in full day kindergartens, and a session of  2
 7        or  more hours may be counted as 1/2 day of attendance by
 8        pupils in kindergartens which provide  only  1/2  day  of
 9        attendance.
10             (g)  For  children  with  disabilities who are below
11        the age of 6 years and who cannot attend 2 or more  clock
12        hours  because  of  their  disability  or  immaturity,  a
13        session of not less than one clock hour may be counted as
14        1/2  day  of  attendance; however for such children whose
15        educational needs so require a session of 4 or more clock
16        hours may be counted as a full day of attendance.
17             (h)  A recognized kindergarten  which  provides  for
18        only  1/2  day of attendance by each pupil shall not have
19        more than 1/2 day of attendance counted in any one 1 day.
20        However, kindergartens may count 2 1/2 days of attendance
21        in any 5 consecutive school days.  When a  pupil  attends
22        such  a  kindergarten  for  2 half days on any one school
23        day, the pupil shall have the  following  day  as  a  day
24        absent  from  school,  unless the school district obtains
25        permission in writing from the  State  Superintendent  of
26        Education.  Attendance at kindergartens which provide for
27        a  full  day of attendance by each pupil shall be counted
28        the same as attendance by first grade pupils.   Only  the
29        first  year  of  attendance  in one kindergarten shall be
30        counted, except in  case  of  children  who  entered  the
31        kindergarten   in  their  fifth  year  whose  educational
32        development requires a second  year  of  kindergarten  as
33        determined  under  the rules and regulations of the State
34        Board of Education.
 
SB745 Engrossed             -622-              LRB9101253EGfg
 1    (G)  Equalized Assessed Valuation Data.
 2        (1)  For purposes of the calculation of  Available  Local
 3    Resources  required  pursuant  to  subsection  (D), the State
 4    Board of  Education  shall  secure  from  the  Department  of
 5    Revenue  the value as equalized or assessed by the Department
 6    of Revenue of all taxable property of every  school  district
 7    together with the applicable tax rate used in extending taxes
 8    for  the  funds  of  the  district  as of September 30 of the
 9    previous year.
10        This equalized assessed valuation, as adjusted further by
11    the requirements of this subsection, shall be utilized in the
12    calculation of Available Local Resources.
13        (2)  The equalized assessed valuation  in  paragraph  (1)
14    shall be adjusted, as applicable, in the following manner:
15             (a)  For the purposes of calculating State aid under
16        this  Section,  with  respect  to  any  part  of a school
17        district within a redevelopment project area  in  respect
18        to   which  a  municipality  has  adopted  tax  increment
19        allocation  financing  pursuant  to  the  Tax   Increment
20        Allocation  Redevelopment Act, Sections 11-74.4-1 through
21        11-74.4-11  of  the  Illinois  Municipal  Code   or   the
22        Industrial  Jobs Recovery Law, Sections 11-74.6-1 through
23        11-74.6-50 of the Illinois Municipal Code, no part of the
24        current equalized assessed  valuation  of  real  property
25        located in any such project area which is attributable to
26        an  increase  above  the total initial equalized assessed
27        valuation of such property shall be used as part  of  the
28        equalized  assessed valuation of the district, until such
29        time as all redevelopment project costs have  been  paid,
30        as  provided  in  Section  11-74.4-8 of the Tax Increment
31        Allocation Redevelopment Act or in Section 11-74.6-35  of
32        the Industrial Jobs Recovery Law.  For the purpose of the
33        equalized  assessed  valuation of the district, the total
34        initial  equalized  assessed  valuation  or  the  current
 
SB745 Engrossed             -623-              LRB9101253EGfg
 1        equalized assessed valuation, whichever is  lower,  shall
 2        be  used  until  such  time  as all redevelopment project
 3        costs have been paid.
 4             (b)  The real property equalized assessed  valuation
 5        for  a  school  district shall be adjusted by subtracting
 6        from the real property value as equalized or assessed  by
 7        the  Department  of  Revenue  for  the district an amount
 8        computed by dividing the amount of any abatement of taxes
 9        under Section 18-170 of the Property Tax  Code  by  3.00%
10        for a district maintaining grades kindergarten through 12
11        ,   or   by  2.30%  for  a  district  maintaining  grades
12        kindergarten through  8,  or  by  1.20%  for  a  district
13        maintaining grades 9 through 12 and adjusted by an amount
14        computed by dividing the amount of any abatement of taxes
15        under  subsection  (a)  of Section 18-165 of the Property
16        Tax Code by the same percentage rates for  district  type
17        as specified in this subparagraph (b) (c).

18    (H)  Supplemental General State Aid.
19        (1)  In  addition  to  the  general  State  aid  a school
20    district is allotted pursuant to subsection  (E),  qualifying
21    school  districts  shall receive a grant, paid in conjunction
22    with  a  district's  payments  of  general  State  aid,   for
23    supplemental  general  State aid based upon the concentration
24    level of  children  from  low-income  households  within  the
25    school  district.  Supplemental State aid grants provided for
26    school districts under this subsection shall be  appropriated
27    for distribution to school districts as part of the same line
28    item  in  which  the  general  State  financial aid of school
29    districts is appropriated under this Section. For purposes of
30    this subsection, the term  "Low-Income  Concentration  Level"
31    shall  be  the  low-income eligible pupil count from the most
32    recently available federal  census  divided  by  the  Average
33    Daily Attendance of the school district.
34        (2)  Supplemental  general  State  aid  pursuant  to this
 
SB745 Engrossed             -624-              LRB9101253EGfg
 1    subsection shall be provided as follows:
 2             (a)  For any  school  district  with  a  Low  Income
 3        Concentration  Level  of  at least 20% and less than 35%,
 4        the grant for any school year shall be $800 multiplied by
 5        the low income eligible pupil count.
 6             (b)  For any  school  district  with  a  Low  Income
 7        Concentration  Level  of  at least 35% and less than 50%,
 8        the grant for the 1998-1999 school year shall  be  $1,100
 9        multiplied by the low income eligible pupil count.
10             (c)  For  any  school  district  with  a  Low Income
11        Concentration Level of at least 50% and  less  than  60%,
12        the  grant  for  the  1998-99 school year shall be $1,500
13        multiplied by the low income eligible pupil count.
14             (d)  For any  school  district  with  a  Low  Income
15        Concentration  Level  of  60%  or more, the grant for the
16        1998-99 school year shall be $1,900 multiplied by the low
17        income eligible pupil count.
18             (e)  For the 1999-2000 school year,  the  per  pupil
19        amount  specified  in  subparagraphs  (b),  (c), and (d),
20        immediately above shall be increased by $100  to  $1,200,
21        $1,600, and $2,000, respectively.
22             (f)  For  the  2000-2001  school year, the per pupil
23        amounts specified  in  subparagraphs  (b),  (c)  and  (d)
24        immediately  above  shall be increased to $1,230, $1,640,
25        and $2,050, respectively.
26        (3)  School districts with an Average Daily Attendance of
27    more than  1,000  and  less  than  50,000  that  qualify  for
28    supplemental  general  State  aid pursuant to this subsection
29    shall submit a plan to the State Board of Education prior  to
30    October  30  of  each year for the use of the funds resulting
31    from this grant of supplemental general  State  aid  for  the
32    improvement  of  instruction  in  which  priority is given to
33    meeting the education needs of disadvantaged children.   Such
34    plan   shall  be  submitted  in  accordance  with  rules  and
 
SB745 Engrossed             -625-              LRB9101253EGfg
 1    regulations promulgated by the State Board of Education.
 2        (4)  School districts with an Average Daily Attendance of
 3    50,000 or more that qualify for  supplemental  general  State
 4    aid   pursuant  to  this  subsection  shall  be  required  to
 5    distribute from funds available pursuant to this Section,  no
 6    less  than  $261,000,000  in  accordance  with  the following
 7    requirements:
 8             (a)  The required amounts shall  be  distributed  to
 9        the  attendance centers within the district in proportion
10        to the number  of  pupils  enrolled  at  each  attendance
11        center  who are eligible to receive free or reduced-price
12        lunches or breakfasts under the federal  Child  Nutrition
13        Act  of  1966  and  under  the  National School Lunch Act
14        during the immediately preceding school year.
15             (b)  The   distribution   of   these   portions   of
16        supplemental  and  general  State  aid  among  attendance
17        centers according to  these  requirements  shall  not  be
18        compensated  for  or  contravened  by  adjustments of the
19        total of  other  funds  appropriated  to  any  attendance
20        centers, and the Board of Education shall utilize funding
21        from  one  or several sources in order to fully implement
22        this provision annually prior to the opening of school.
23             (c)  Each attendance center shall be provided by the
24        school district a distribution  of  noncategorical  funds
25        and other categorical funds to which an attendance center
26        is entitled under law in order that the general State aid
27        and   supplemental   general   State   aid   provided  by
28        application of this subsection  supplements  rather  than
29        supplants  the noncategorical funds and other categorical
30        funds provided by the school district to  the  attendance
31        centers.
32             (d)  Any  funds made available under this subsection
33        that by reason of the provisions of this  subsection  are
34        not  required  to be allocated and provided to attendance
 
SB745 Engrossed             -626-              LRB9101253EGfg
 1        centers may be used and appropriated by the board of  the
 2        district for any lawful school purpose.
 3             (e)  Funds received by an attendance center pursuant
 4        to this subsection shall be used by the attendance center
 5        at  the  discretion  of  the  principal  and local school
 6        council for programs to improve educational opportunities
 7        at qualifying schools through the following programs  and
 8        services:  early  childhood education, reduced class size
 9        or improved adult to student classroom ratio,  enrichment
10        programs,  remedial  assistance,  attendance improvement,
11        and other  educationally  beneficial  expenditures  which
12        supplement  the  regular and basic programs as determined
13        by the State Board of Education.   Funds  provided  shall
14        not be expended for any political or lobbying purposes as
15        defined by board rule.
16             (f)  Each district subject to the provisions of this
17        subdivision  (H)(4)  shall  submit  an acceptable plan to
18        meet the educational needs of disadvantaged children,  in
19        compliance  with  the  requirements of this paragraph, to
20        the State Board of Education prior to  July  15  of  each
21        year. This plan shall be consistent with the decisions of
22        local  school  councils concerning the school expenditure
23        plans developed in accordance  with  part  4  of  Section
24        34-2.3.  The State Board shall approve or reject the plan
25        within  60  days  after  its  submission.  If the plan is
26        rejected, the  district  shall  give  written  notice  of
27        intent   to  modify  the  plan  within  15  days  of  the
28        notification of rejection and then submit a modified plan
29        within 30 days after the date of the  written  notice  of
30        intent  to  modify.    Districts may amend approved plans
31        pursuant to rules  promulgated  by  the  State  Board  of
32        Education.
33             Upon  notification  by  the State Board of Education
34        that the district has not submitted a plan prior to  July
 
SB745 Engrossed             -627-              LRB9101253EGfg
 1        15  or  a  modified plan within the time period specified
 2        herein, the State aid funds  affected  by  that  plan  or
 3        modified  plan  shall  be  withheld by the State Board of
 4        Education until a plan or modified plan is submitted.
 5             If the district fails to  distribute  State  aid  to
 6        attendance  centers  in accordance with an approved plan,
 7        the plan for the following year shall allocate funds,  in
 8        addition   to   the  funds  otherwise  required  by  this
 9        subsection,  to  those  attendance  centers  which   were
10        underfunded  during the previous year in amounts equal to
11        such underfunding.
12             For purposes of  determining  compliance  with  this
13        subsection  in relation to the requirements of attendance
14        center funding, each district subject to  the  provisions
15        of this subsection shall submit as a separate document by
16        December  1 of each year a report of expenditure data for
17        the prior year in addition to  any  modification  of  its
18        current  plan.  If it is determined that there has been a
19        failure to comply with the expenditure provisions of this
20        subsection regarding contravention  or  supplanting,  the
21        State  Superintendent  of Education shall, within 60 days
22        of receipt of the report, notify  the  district  and  any
23        affected local school council.  The district shall within
24        45  days of receipt of that notification inform the State
25        Superintendent of Education of the remedial or corrective
26        action to be taken, whether  by amendment of the  current
27        plan,  if  feasible, or by adjustment in the plan for the
28        following  year.   Failure  to  provide  the  expenditure
29        report or the  notification  of  remedial  or  corrective
30        action  in  a timely manner shall result in a withholding
31        of the affected funds.
32             The State Board of Education shall promulgate  rules
33        and  regulations  to  implement  the  provisions  of this
34        subsection.   No  funds  shall  be  released  under  this
 
SB745 Engrossed             -628-              LRB9101253EGfg
 1        subdivision (H)(4) to any district that has not submitted
 2        a plan that has been  approved  by  the  State  Board  of
 3        Education.

 4    (I)  General State Aid for Newly Configured School Districts.
 5        (1)  For  a  new  school  district  formed  by  combining
 6    property   included  totally  within  2  or  more  previously
 7    existing school districts, for its first  year  of  existence
 8    the  general  State  aid  and  supplemental general State aid
 9    calculated under this Section shall be computed for  the  new
10    district  and for the previously existing districts for which
11    property is totally included within the new district.  If the
12    computation on the basis of the previously existing districts
13    is greater, a supplementary payment equal to  the  difference
14    shall  be  made for the first 4 years of existence of the new
15    district.
16        (2)  For a school  district  which  annexes  all  of  the
17    territory  of  one or more entire other school districts, for
18    the  first  year  during  which  the  change  of   boundaries
19    attributable  to  such  annexation  becomes effective for all
20    purposes as determined under Section 7-9 or 7A-8, the general
21    State aid and supplemental general State aid calculated under
22    this Section shall be computed for the annexing  district  as
23    constituted  after  the  annexation  and for the annexing and
24    each annexed district as constituted prior to the annexation;
25    and if the computation on  the  basis  of  the  annexing  and
26    annexed  districts  as constituted prior to the annexation is
27    greater, a supplementary  payment  equal  to  the  difference
28    shall  be  made  for  the  first  4 years of existence of the
29    annexing school district as constituted upon such annexation.
30        (3)  For 2 or more school districts which  annex  all  of
31    the  territory  of one or more entire other school districts,
32    and for 2 or more community unit districts which result  upon
33    the  division  (pursuant  to petition under Section 11A-2) of
34    one or more other unit school districts into 2 or more  parts
 
SB745 Engrossed             -629-              LRB9101253EGfg
 1    and  which  together include all of the parts into which such
 2    other unit school district or districts are so  divided,  for
 3    the   first  year  during  which  the  change  of  boundaries
 4    attributable to such annexation or division becomes effective
 5    for all purposes as determined under Section 7-9  or  11A-10,
 6    as  the  case  may be, the general State aid and supplemental
 7    general State aid calculated  under  this  Section  shall  be
 8    computed   for   each   annexing  or  resulting  district  as
 9    constituted after the annexation or  division  and  for  each
10    annexing  and  annexed  district,  or  for each resulting and
11    divided district, as constituted prior to the  annexation  or
12    division;  and  if the aggregate of the general State aid and
13    supplemental  general  State  aid  as  so  computed  for  the
14    annexing or resulting  districts  as  constituted  after  the
15    annexation  or  division  is  less  than the aggregate of the
16    general State aid and supplemental general State  aid  as  so
17    computed  for  the annexing and annexed districts, or for the
18    resulting and divided districts, as constituted prior to  the
19    annexation or division, then a supplementary payment equal to
20    the  difference  shall be made and allocated between or among
21    the annexing or resulting districts, as constituted upon such
22    annexation or division,  for  the  first  4  years  of  their
23    existence.   The  total difference payment shall be allocated
24    between or among the annexing or resulting districts  in  the
25    same  ratio  as the pupil enrollment from that portion of the
26    annexed or divided district or districts which is annexed  to
27    or included in each such annexing or resulting district bears
28    to  the  total  pupil  enrollment  from the entire annexed or
29    divided district or districts, as such  pupil  enrollment  is
30    determined  for the school year last ending prior to the date
31    when the change of boundaries attributable to the  annexation
32    or  division  becomes effective for all purposes.  The amount
33    of the total difference payment and the amount thereof to  be
34    allocated  to  the  annexing  or resulting districts shall be
 
SB745 Engrossed             -630-              LRB9101253EGfg
 1    computed by the State Board of  Education  on  the  basis  of
 2    pupil  enrollment  and other data which shall be certified to
 3    the State Board of Education, on forms which it shall provide
 4    for that purpose, by the regional superintendent  of  schools
 5    for each educational service region in which the annexing and
 6    annexed  districts,  or  resulting  and divided districts are
 7    located.
 8        (3.5)  Claims  for  financial   assistance   under   this
 9    subsection  (I)  shall  not be recomputed except as expressly
10    provided under this Section.
11        (4)  Any supplementary payment made under this subsection
12    (I) shall be treated as separate from all other payments made
13    pursuant to this Section.

14    (J)  Supplementary Grants in Aid.
15        (1)  Notwithstanding  any  other   provisions   of   this
16    Section,  the  amount  of  the aggregate general State aid in
17    combination with supplemental general State  aid  under  this
18    Section  for  which each school district is eligible shall be
19    no less than the amount of the aggregate  general  State  aid
20    entitlement  that  was received by the district under Section
21    18-8 (exclusive of amounts received  under  subsections  5(p)
22    and  5(p-5)  of  that  Section)  for the 1997-98 school year,
23    pursuant to the provisions of that Section as it was then  in
24    effect.   If   a  school  district  qualifies  to  receive  a
25    supplementary payment made under  this  subsection  (J),  the
26    amount of the aggregate general State aid in combination with
27    supplemental general State aid under this Section  which that
28    district is eligible to receive for each school year shall be
29    no  less  than  the amount of the aggregate general State aid
30    entitlement that was received by the district  under  Section
31    18-8  (exclusive  of  amounts received under subsections 5(p)
32    and 5(p-5) of that Section) for the  1997-1998  school  year,
33    pursuant  to the provisions of that Section as it was then in
34    effect.
 
SB745 Engrossed             -631-              LRB9101253EGfg
 1        (2)  If, as provided in paragraph (1) of this  subsection
 2    (J),  a school district is to receive aggregate general State
 3    aid in combination with supplemental general State aid  under
 4    this  Section  for the 1998-99 school year and any subsequent
 5    school year that in any such school year  is  less  than  the
 6    amount  of  the  aggregate general State aid entitlement that
 7    the district received for the 1997-98 school year, the school
 8    district shall also receive, from  a  separate  appropriation
 9    made  for  purposes  of  this subsection (J), a supplementary
10    payment that is equal to the amount of the difference in  the
11    aggregate State aid figures as described in paragraph (1).
12        (3)  (Blank).

13    (K)  Grants to Laboratory and Alternative Schools.
14        In  calculating  the  amount  to be paid to the governing
15    board of a  public  university  that  operates  a  laboratory
16    school  under  this Section or to any alternative school that
17    is operated by a  regional  superintendent  of  schools,  the
18    State Board of Education shall require by rule such reporting
19    requirements as it deems necessary.
20        As  used  in  this  Section,  "laboratory school" means a
21    public school which is  created  and  operated  by  a  public
22    university and approved by the State Board of Education.  The
23    governing  board  of a public university which receives funds
24    from the State  Board  under  this  subsection  (K)  may  not
25    increase  the  number  of students enrolled in its laboratory
26    school from a single district, if that  district  is  already
27    sending  50 or more students, except under a mutual agreement
28    between the school board of a student's district of residence
29    and the university which operates the laboratory  school.   A
30    laboratory  school  may  not  have  more than 1,000 students,
31    excluding students with disabilities in a  special  education
32    program.
33        As  used  in  this  Section, "alternative school" means a
34    public school which is created and  operated  by  a  Regional
 
SB745 Engrossed             -632-              LRB9101253EGfg
 1    Superintendent  of Schools and approved by the State Board of
 2    Education. Such alternative  schools  may  offer  courses  of
 3    instruction  for  which  credit  is  given  in regular school
 4    programs, courses to prepare students  for  the  high  school
 5    equivalency  testing  program  or vocational and occupational
 6    training.  A regional superintendent of schools may  contract
 7    with a school district or a public community college district
 8    to  operate  an  alternative  school.   An alternative school
 9    serving more than  one  educational  service  region  may  be
10    established  by  the  regional  superintendents of schools of
11    those  the  affected  educational  service   regions.      An
12    alternative  school serving more than one educational service
13    region may be operated  under  such  terms  as  the  regional
14    superintendents  of  schools  of  those  educational  service
15    regions may agree.
16        Each  laboratory  and  alternative  school shall file, on
17    forms provided by the State Superintendent of  Education,  an
18    annual  State  aid  claim  which  states  the  Average  Daily
19    Attendance  of  the  school's  students by month.  The best 3
20    months' Average Daily Attendance shall be computed  for  each
21    school.  The  general State aid entitlement shall be computed
22    by multiplying the applicable Average Daily Attendance by the
23    Foundation Level as determined under this Section.

24    (L)  Payments,   Additional   Grants   in   Aid   and   Other
25    Requirements.
26        (1)  For a school district operating under the  financial
27    supervision  of  an  Authority created under Article 34A, the
28    general State aid otherwise payable to  that  district  under
29    this  Section,  but  not  the supplemental general State aid,
30    shall be reduced by an amount equal to  the  budget  for  the
31    operations  of the Authority as certified by the Authority to
32    the State Board of Education, and an  amount  equal  to  such
33    reduction  shall  be  paid  to the Authority created for such
34    district for its operating expenses in the manner provided in
 
SB745 Engrossed             -633-              LRB9101253EGfg
 1    Section 18-11.  The remainder of general State school aid for
 2    any such district shall be paid in  accordance  with  Article
 3    34A  when  that Article provides for a disposition other than
 4    that provided by this Article.
 5        (2)  Impaction.  Impaction  payments  shall  be  made  as
 6    provided for in Section 18-4.2.
 7        (3)  Summer school.  Summer school payments shall be made
 8    as provided in Section 18-4.3.

 9    (M)  Education Funding Advisory Board.
10        The Education Funding Advisory Board, hereinafter in this
11    subsection (M) referred to as the "Board", is hereby created.
12    The Board shall consist of 5 members who are appointed by the
13    Governor,  by  and with the advice and consent of the Senate.
14    The  members  appointed  shall  include  representatives   of
15    education,  business,  and  the  general  public.  One of the
16    members so appointed shall be designated by the  Governor  at
17    the  time  the  appointment is made as the chairperson of the
18    Board. The initial members of the Board may be appointed  any
19    time after the effective date of this amendatory Act of 1997.
20    The  regular  term of each member of the Board shall be for 4
21    years from the third Monday of January of the year  in  which
22    the  term  of the member's appointment is to commence, except
23    that of the 5 initial  members  appointed  to  serve  on  the
24    Board,  the  member who is appointed as the chairperson shall
25    serve for a term that commences on the date  of  his  or  her
26    appointment and expires on the third Monday of January, 2002,
27    and  the  remaining  4  members,  by  lots drawn at the first
28    meeting of the Board that is held after  all  5  members  are
29    appointed,  shall  determine  2  of their number to serve for
30    terms  that  commence  on  the  date  of   their   respective
31    appointments and expire on the third Monday of January, 2001,
32    and 2 of their number to serve for terms that commence on the
33    date of their respective appointments and expire on the third
34    Monday  of  January, 2000.  All members appointed to serve on
 
SB745 Engrossed             -634-              LRB9101253EGfg
 1    the Board shall serve until their respective  successors  are
 2    appointed  and  confirmed.   Vacancies shall be filled in the
 3    same manner  as  original  appointments.   If  a  vacancy  in
 4    membership  occurs  at  a  time  when  the  Senate  is not in
 5    session, the Governor  shall  make  a  temporary  appointment
 6    until  the  next  meeting of the Senate, when he or she shall
 7    appoint, by and with the advice and consent of the Senate,  a
 8    person  to  fill  that membership for the unexpired term.  If
 9    the Senate is not in session when  the  initial  appointments
10    are  made, those appointments shall be made as in the case of
11    vacancies.
12        The Education Funding  Advisory  Board  shall  be  deemed
13    established,   and  the  initial  members  appointed  by  the
14    Governor to serve as members of the Board shall take  office,
15    on the date that the Governor makes his or her appointment of
16    the  fifth initial member of the Board, whether those initial
17    members  are  then  serving  pursuant  to   appointment   and
18    confirmation  or  pursuant to temporary appointments that are
19    made by the Governor as in the case of vacancies.
20        The State Board of Education  shall  provide  such  staff
21    assistance  to  the  Education  Funding  Advisory Board as is
22    reasonably required for the proper performance by  the  Board
23    of its responsibilities.
24        For  school  years  after  the 2000-2001 school year, the
25    Education Funding Advisory Board, in  consultation  with  the
26    State  Board  of  Education,  shall  make  recommendations as
27    provided in this subsection (M) to the General  Assembly  for
28    the foundation level under subdivision (B)(3) of this Section
29    and  for the supplemental general State aid grant level under
30    subsection (H)  of  this  Section  for  districts  with  high
31    concentrations  of  children  from  poverty.  The recommended
32    foundation level shall be determined based on  a  methodology
33    which   incorporates  the  basic  education  expenditures  of
34    low-spending schools exhibiting  high  academic  performance.
 
SB745 Engrossed             -635-              LRB9101253EGfg
 1    The   Education   Funding  Advisory  Board  shall  make  such
 2    recommendations to the General Assembly on January 1  of  odd
 3    numbered years, beginning January 1, 2001.

 4    (N)  General State Aid Adjustment Grant.
 5        (1)  Any   school   district   subject  to  property  tax
 6    extension limitations as imposed under the provisions of  the
 7    Property  Tax  Extension  Limitation Law shall be entitled to
 8    receive, subject to the qualifications  and  requirements  of
 9    this  subsection,  a  general  State  aid  adjustment  grant.
10    Eligibility  for  this grant shall be determined on an annual
11    basis and claims for grant payments shall be paid subject  to
12    appropriations   made   specific  to  this  subsection.   For
13    purposes of this subsection the following  terms  shall  have
14    the following meanings:
15        "Budget  Year":   The school year for which general State
16    aid is calculated and awarded under subsection (E).
17        "Current Year":  The school  year  immediately  preceding
18    the Budget Year.
19        "Base  Tax  Year":   The  property  tax levy year used to
20    calculate the Budget Year allocation of general State aid.
21        "Preceding  Tax  Year":   The  property  tax  levy   year
22    immediately preceding the Base Tax Year.
23        "Extension   Limitation   Ratio":   A   numerical  ratio,
24    certified by a school district's County Clerk, in  which  the
25    numerator  is  the  Base  Tax  Year's  tax  extension  amount
26    resulting  from  the Limiting Rate and the denominator is the
27    Preceding Tax Year's tax extension amount resulting from  the
28    Limiting Rate.
29        "Limiting  Rate":   The  limiting  rate as defined in the
30    Property Tax Extension Limitation Law.
31        "Preliminary Tax Rate": The tax  rate  for  all  purposes
32    except  bond and interest that would have been used to extend
33    those  taxes  absent  the  provisions  of  the  Property  Tax
34    Extension Limitation Law.
 
SB745 Engrossed             -636-              LRB9101253EGfg
 1        (2)  To qualify for a general State aid adjustment grant,
 2    a school district must meet all of the following  eligibility
 3    criteria for each Budget Year for which a grant is claimed:
 4             (a)  (Blank).
 5             (b)  The Preliminary Tax Rate of the school district
 6        for  the  Base  Tax  Year was reduced by the Clerk of the
 7        County as a result of the requirements  of  the  Property
 8        Tax Extension Limitation Law.
 9             (c)  The  Available Local Resources per pupil of the
10        school district as calculated pursuant to subsection  (D)
11        using the Base Tax Year are less than the product of 1.75
12        times the Foundation Level for the Budget Year.
13             (d)  The  school  district  has  filed  a proper and
14        timely claim for a general State aid adjustment grant  as
15        required under this subsection.
16        (3)  A  claim  for grant assistance under this subsection
17    shall be filed with the State Board of Education on or before
18    April 1 of the Current Year for a grant for the Budget  Year.
19    The  claim  shall  be  made  on forms prescribed by the State
20    Board of Education and  must  be  accompanied  by  a  written
21    statement from the Clerk of the County, certifying:
22             (a)  That  the  school  district had its Preliminary
23        Tax Rate for the Base Tax Year reduced as a result of the
24        Property Tax Extension Limitation Law.
25             (b)  (Blank).
26             (c)  The Extension Limitation Ratio as that term  is
27        defined in this subsection.
28        (4)  On  or  before August 1 of the Budget Year the State
29    Board of Education shall calculate, for all school  districts
30    meeting the other requirements of this subsection, the amount
31    of  the  general State aid adjustment grant, if any, that the
32    school districts are eligible to receive in the Budget  Year.
33    The amount of the general State aid adjustment grant shall be
34    calculated as follows:
 
SB745 Engrossed             -637-              LRB9101253EGfg
 1             (a)  Determine  the  school district's general State
 2        aid grant for the Budget Year as provided  in  accordance
 3        with the provisions of subsection (E).
 4             (b)  Determine  the school district's adjusted level
 5        of general State aid by utilizing in the  calculation  of
 6        Available   Local   Resources   the   equalized  assessed
 7        valuation that was used to calculate  the  general  State
 8        aid  for  the  preceding  fiscal  year  multiplied by the
 9        Extension Limitation Ratio.
10             (c)  Subtract the sum derived  in  subparagraph  (a)
11        from  the sum derived in subparagraph (b).  If the result
12        is a positive number, that amount shall  be  the  general
13        State  aid adjustment grant that the district is eligible
14        to receive.
15        (5)  The State Board of Education shall  in  the  Current
16    Year,  based upon claims filed in the Current Year, recommend
17    to the General  Assembly  an  appropriation  amount  for  the
18    general  State aid adjustment grants to be made in the Budget
19    Year.
20        (6)  Claims for general State aid adjustment grants shall
21    be paid in a lump sum on or before January 1  of  the  Budget
22    Year  only  from  appropriations made by the General Assembly
23    expressly for claims under this subsection.  No  such  claims
24    may  be  paid from amounts appropriated for any other purpose
25    provided for under this  Section.   In  the  event  that  the
26    appropriation   for   claims   under   this   subsection   is
27    insufficient  to  meet  all  Budget Year claims for a general
28    State aid adjustment grant, the appropriation available shall
29    be proportionately prorated by the State Board  of  Education
30    amongst all districts filing for and entitled to payments.
31        (7)  The  State  Board  of Education shall promulgate the
32    required claim forms and rules  necessary  to  implement  the
33    provisions of this subsection.

34    (O)  References.
 
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 1        (1)  References in other laws to the various subdivisions
 2    of Section 18-8 as that Section existed before its repeal and
 3    replacement  by this Section 18-8.05 shall be deemed to refer
 4    to the corresponding provisions of this Section  18-8.05,  to
 5    the extent that those references remain applicable.
 6        (2)  References  in  other  laws to State Chapter 1 funds
 7    shall be deemed to refer to the  supplemental  general  State
 8    aid provided under subsection (H) of this Section.
 9    (Source:  P.A.  90-548,  eff.  7-1-98;  incorporates  90-566;
10    90-653,  eff.  7-29-98;  90-654,  eff.  7-29-98; 90-655, eff.
11    7-30-98; 90-802, eff. 12-15-98; revised 12-24-98.)

12        (105 ILCS 5/21-10) (from Ch. 122, par. 21-10)
13        Sec. 21-10. Provisional certificate.
14        (A)  Until July 1, 1972, the State Teacher  Certification
15    Board  may issue a provisional certificate valid for teaching
16    in elementary, high school or special subject fields  subject
17    to the following conditions:
18        A  provisional  certificate may be issued to a person who
19    presents certified evidence of  having  earned  a  bachelor's
20    degree from a recognized institution of higher learning.  The
21    academic  and  professional courses offered as a basis of the
22    provisional certificate shall  be  courses  approved  by  the
23    State  Board  of  Education  in  consultation  with the State
24    Teacher Certification Board.
25        A certificate earned under this plan may  be  renewed  at
26    the  end of each two-year period upon evidence filed with the
27    State Teacher Certification Board that the holder has  earned
28    8  semester  hours  of credit within the period; provided the
29    requirements for the certificate of the same type issued  for
30    the teaching position for which the teacher is employed shall
31    be  met  by  the  end of the second renewal period.  A second
32    provisional certificate shall not be issued.  The credits  so
33    earned  must  be  approved by the State Board of Education in
 
SB745 Engrossed             -639-              LRB9101253EGfg
 1    consultation with the State Teacher Certification  Board  and
 2    must   meet  the  general  pattern  for  a  similar  type  of
 3    certificate issued on the basis of credit.  No  more  than  4
 4    semester hours shall be chosen from elective subjects.
 5        (B)  After  July 1, 1972, the State Teacher Certification
 6    Board may issue a provisional certificate valid for  teaching
 7    in  early  childhood,  elementary,  high  school  or  special
 8    subject  fields,  or  for providing service as school service
 9    personnel  or  for  administering  schools  subject  to   the
10    following conditions: A provisional certificate may be issued
11    to  a  person  who  meets  the  requirements  for  a  regular
12    teaching,   school   service   personnel   or  administrative
13    certificate in  another  State  and  who  presents  certified
14    evidence   of  having  earned  a  bachelor's  degree  from  a
15    recognized institution of higher learning.  The academic  and
16    professional  courses  offered  as a basis of the provisional
17    certificate shall be courses approved by the State  Board  of
18    Education    in   consultation   with   the   State   Teacher
19    Certification Board.  A certificate earned under this plan is
20    valid for a period of 2  years  and  shall  not  be  renewed;
21    however,  the  individual  to whom this certificate is issued
22    shall have passed or shall pass the examinations set forth by
23    the State Board of Education within 9 months of the  date  of
24    issuance  of the provisional certificate. Failure to pass the
25    tests,  required  in  Section  21-1a,  shall  result  in  the
26    cancellation of the provisional certificate.
27        (C)  The State Teacher Certification Board may also issue
28    a  provisional  vocational  certificate   and   a   temporary
29    provisional vocational certificate.
30             (1)  The  requirements  for a provisional vocational
31        certificate shall be determined by  the  State  Board  of
32        Education   in   consultation   with  the  State  Teacher
33        Certification  Board;  provided,  the  following  minimum
34        requirements are met: (a) after July 1, 1972, at least 30
 
SB745 Engrossed             -640-              LRB9101253EGfg
 1        semester hours of credit from a recognized institution of
 2        higher learning; and (b) after July 1, 1974, at least  60
 3        semester hours of credit from a recognized institution of
 4        higher learning.
 5             (2)  The  requirements  for  a temporary provisional
 6        vocational certificate shall be determined by  the  State
 7        Board of Education in consultation with the State Teacher
 8        Certification  Board;  provided,  the  following  minimum
 9        requirements  are  met:  (a) after July 1, 1973, at least
10        4,000 hours  of  work  experience  in  the  skill  to  be
11        certified  for  teaching;  and (b) after July 1, 1975, at
12        least 8,000 hours of work experience in the skill  to  be
13        certified for teaching.  Any certificate issued under the
14        provisions  of  this  paragraph  shall  expire on June 30
15        following the date of issue.  Renewals may be granted  on
16        a  yearly  basis,  but shall not be granted to any person
17        who does not file with the  State  Teacher  Certification
18        Board  a  transcript showing at least 3 semester hours of
19        credit earned during the previous year  in  a  recognized
20        institution  of  learning.   No such certificate shall be
21        issued except upon certification by the employing  board,
22        subject to the approval of the regional superintendent of
23        schools,  that  no  qualified  teacher  holding a regular
24        certificate or a provisional  vocational  certificate  is
25        available  and that actual circumstances and need require
26        such issuance.
27        The courses or work experience offered as a basis for the
28    issuance of the provisional  vocational  certificate  or  the
29    temporary   provisional   vocational   certificate  shall  be
30    approved by the State Board of Education in consultation with
31    the State Teacher Certification Board.
32        (D)  Until July 1, 1972, the State Teacher  Certification
33    Board   may   also   issue  a  provisional  foreign  language
34    certificate valid  for  4  years  for  teaching  the  foreign
 
SB745 Engrossed             -641-              LRB9101253EGfg
 1    language  named  therein  in all grades of the common schools
 2    and shall be issued to persons  who  have  graduated  from  a
 3    recognized institution of higher learning with not fewer than
 4    120   semester  hours  of  credit  and  who  have  met  other
 5    requirements as determined by the State Board of Education in
 6    consultation with the State Teacher Certification Board.   If
 7    the  holder  of a provisional foreign language certificate is
 8    not a citizen of the United States within 6 years of the date
 9    of issuance of the  original  certificate,  such  certificate
10    shall  be suspended by the regional superintendent of schools
11    of the region in which the holder is  engaged  to  teach  and
12    shall  not be reinstated until the holder is a citizen of the
13    United States.
14        (E)  Notwithstanding  anything  in  this   Act   to   the
15    contrary,  the  State Teacher Certification Board shall issue
16    part-time provisional certificates  to  eligible  individuals
17    who are professionals and craftsmen.
18        The  requirements  for  a  part-time provisional teachers
19    certificate  shall  be  determined  by  the  State  Board  of
20    Education   in   consultation   with   the   State    Teacher
21    Certification   Board,   provided   the   following   minimum
22    requirements  are  met:   60  semester hours of credit from a
23    recognized institution of higher learning or  4000  hours  of
24    work experience in the skill to be certified for teaching.
25        A  part-time  provisional  certificate  may be issued for
26    teaching no more than 2 courses of study for grades 6 through
27    12.
28        A part-time provisional  teachers  certificate  shall  be
29    valid  for  2  years  and may be renewed at the end of each 2
30    year period.
31    (Source: P.A. 90-548, eff. 1-1-98; revised 10-31-98.)

32        (105 ILCS 5/21-12) (from Ch. 122, par. 21-12)
33        Sec. 21-12. Printing; of  Seal;  Signature;  Credentials.
 
SB745 Engrossed             -642-              LRB9101253EGfg
 1    All certificates shall be printed by and bear the seal of the
 2    State  Teacher  Certification Board and the signatures of the
 3    chairman and of the  secretary  of  the  board.  All  college
 4    credentials  offered  as  the basis of a certificate shall be
 5    presented to the secretary of the State Teacher Certification
 6    Board for inspection and approval.  After  January  1,  1964,
 7    each   application   for   a  certificate  or  evaluation  of
 8    credentials shall be accompanied by an evaluation fee of  $20
 9    which is not refundable.
10        Commencing  January  1,  1994, an additional $10 shall be
11    charged for each application for a certificate or  evaluation
12    of  credentials  which  is  not  refundable.  There is hereby
13    created a Teacher Certificate Fee Revolving Fund as a special
14    fund  within  the  State  Treasury.   The  proceeds  of   the
15    additional $10 fee shall be paid into the Teacher Certificate
16    Fee  Revolving  Fund;  and  the  moneys in that Fund shall be
17    appropriated and used to provide  the  technology  and  other
18    resources  necessary  for the timely and efficient processing
19    of certification requests.
20        When evaluation verifies the  requirements  for  a  valid
21    certificate,  the  applicant  shall  be issued an entitlement
22    card that may be presented to a  regional  superintendent  of
23    schools  together  with a fee of one dollar for issuance of a
24    certificate.
25        The applicant shall be notified of any deficiencies.
26    (Source: P.A. 88-224; revised 10-31-98.)

27        (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
28        Sec. 27-8.1.  Health examinations and immunizations.
29        (1)  In compliance with rules and regulations  which  the
30    Department  of  Public Health shall promulgate, and except as
31    hereinafter provided, all children in Illinois shall  have  a
32    health  examination  as  follows:  within  one  year prior to
33    entering kindergarten or  the  first  grade  of  any  public,
 
SB745 Engrossed             -643-              LRB9101253EGfg
 1    private,  or  parochial  elementary school; upon entering the
 2    fifth and ninth grades of any public, private,  or  parochial
 3    school;  prior  to  entrance  into  any  public,  private, or
 4    parochial  nursery  school;  and,  irrespective   of   grade,
 5    immediately  prior  to  or  upon  entrance  into  any public,
 6    private, or parochial school or nursery  school,  each  child
 7    shall  present  proof  of  having been examined in accordance
 8    with this Section and the rules and  regulations  promulgated
 9    hereunder.
10        A tuberculosis skin test screening shall be included as a
11    required  part of each health examination included under this
12    Section if the child resides in an  area  designated  by  the
13    Department  of  Public  Health  as having a high incidence of
14    tuberculosis.   Additional  health  examinations  of  pupils,
15    including dental and vision  examinations,  may  be  required
16    when  deemed  necessary  by  school authorities.  Parents are
17    encouraged to have their children undergo dental examinations
18    at the same points in time required for health examinations.
19        (2)  The Department of  Public  Health  shall  promulgate
20    rules   and   regulations  specifying  the  examinations  and
21    procedures that  constitute  a  health  examination  and  may
22    recommend  by  rule  that  certain additional examinations be
23    performed.  The rules and regulations of  the  Department  of
24    Public  Health  shall  specify  that a tuberculosis skin test
25    screening shall be included as a required part of each health
26    examination included under this Section if the child  resides
27    in  an  area designated by the Department of Public Health as
28    having a high incidence of tuberculosis.
29        Physicians licensed to practice medicine in  all  of  its
30    branches  shall  be  responsible  for  the performance of the
31    health  examinations,  other  than  dental  examinations  and
32    vision and hearing screening, and shall sign all report forms
33    required by subsection (4) of this Section  that  pertain  to
34    those  portions  of  the  health  examination  for  which the
 
SB745 Engrossed             -644-              LRB9101253EGfg
 1    physician is responsible.  If a registered nurse performs any
 2    part of a health examination, then a  physician  licensed  to
 3    practice medicine in all of its branches must review and sign
 4    all  required  report forms.  Licensed dentists shall perform
 5    all dental examinations  and  shall  sign  all  report  forms
 6    required  by  subsection  (4) of this Section that pertain to
 7    the dental examinations.   Physicians  licensed  to  practice
 8    medicine in all its branches, or licensed optometrists, shall
 9    perform  all  vision exams required by school authorities and
10    shall sign all report forms required  by  subsection  (4)  of
11    this  Section  that  pertain  to the vision exam.  Vision and
12    hearing  screening  tests,  which  shall  not  be  considered
13    examinations as that term is used in this Section,  shall  be
14    conducted  in  accordance  with  rules and regulations of the
15    Department of Public Health,  and  by  individuals  whom  the
16    Department of Public Health has certified.
17        (3)  Every  child  shall, at or about the same time as he
18    or she receives a health examination required  by  subsection
19    (1)  of  this  Section, present to the local school, proof of
20    having  received  such  immunizations   against   preventable
21    communicable  diseases  as  the  Department  of Public Health
22    shall require by rules and regulations  promulgated  pursuant
23    to this Section and the Communicable Disease Prevention Act.
24        (4)  The  individuals  conducting  the health examination
25    shall record the fact of having  conducted  the  examination,
26    and such additional information as required, on uniform forms
27    which  the Department of Public Health and the State Board of
28    Education shall prescribe for statewide  use.   The  examiner
29    shall  summarize  on the report form any condition that he or
30    she suspects indicates a  need  for  special  services.   The
31    individuals   confirming   the   administration  of  required
32    immunizations shall record as indicated on the form that  the
33    immunizations were administered.
34        (5)  If  a  child  does  not  submit  proof of having had
 
SB745 Engrossed             -645-              LRB9101253EGfg
 1    either  the  health  examination  or  the   immunization   as
 2    required,  then  the  child  shall be examined or receive the
 3    immunization, as the  case  may  be,  and  present  proof  by
 4    October  15 of the current school year, or by an earlier date
 5    of the current school year established by a school  district.
 6    To  establish  a date before October 15 of the current school
 7    year for the health examination or immunization as  required,
 8    a  school  district  must  give notice of the requirements of
 9    this Section 60 days prior to the earlier  established  date.
10    If   for   medical  reasons  one  or  more  of  the  required
11    immunizations must be given after October 15 of  the  current
12    school  year,  or  after  an  earlier established date of the
13    current school year, then the child shall present, by October
14    15, or by the earlier established date, a  schedule  for  the
15    administration  of  the  immunizations and a statement of the
16    medical reasons causing the delay, both the schedule and  the
17    statement being issued by the physician, registered nurse, or
18    local   health   department  that  will  be  responsible  for
19    administration of the remaining required immunizations.  If a
20    child does not comply  by  October  15,  or  by  the  earlier
21    established  date  of  the  current  school  year,  with  the
22    requirements  of  this  subsection,  then  the  local  school
23    authority  shall  exclude  that  child from school until such
24    time as the child presents proof of  having  had  the  health
25    examination as required and presents proof of having received
26    those  required immunizations which are medically possible to
27    receive immediately.  During a child's exclusion from  school
28    for  noncompliance  with this subsection, the child's parents
29    or legal guardian shall be considered in violation of Section
30    26-1 and subject to any penalty imposed by Section 26-10.
31        (6)  Every school shall report  to  the  State  Board  of
32    Education  by  November  15,  in the manner which that agency
33    shall require, the number of children who have  received  the
34    necessary   immunizations   and  the  health  examination  as
 
SB745 Engrossed             -646-              LRB9101253EGfg
 1    required, indicating, of those  who  have  not  received  the
 2    immunizations  and  examination  as  required,  the number of
 3    children  who  are  exempt  from   health   examination   and
 4    immunization  requirements on religious or medical grounds as
 5    provided in subsection (8).  This reported information  shall
 6    be  provided  to the Department of Public Health by the State
 7    Board of Education.
 8        (7)  Upon determining that the number of pupils  who  are
 9    required  to  be  in  compliance  with subsection (5) of this
10    Section is below 90% of the number of pupils enrolled in  the
11    school  district, 10% of each State aid payment made pursuant
12    to Section 18-8 to the school district for such year shall be
13    withheld by the regional superintendent until the  number  of
14    students  in compliance with subsection (5) is the applicable
15    specified percentage or higher.
16        (8)  Children whose Parents or legal guardians who object
17    to  health  examinations  or  any   part   thereof,   or   to
18    immunizations,  on religious grounds shall not be required to
19    submit  their  children  or  wards  to  the  examinations  or
20    immunizations to which they so  object  if  such  parents  or
21    legal  guardians  present  to  the  appropriate  local school
22    authority a signed  statement  of  objection,  detailing  the
23    grounds  for the objection.  If the physical condition of the
24    child is such that any one or more of the  immunizing  agents
25    should   not   be   administered,   the  examining  physician
26    responsible for the performance  of  the  health  examination
27    shall  endorse  that  fact  upon the health examination form.
28    Exempting a child from the health examination does not exempt
29    the child from  participation  in  the  program  of  physical
30    education  training provided in Sections 27-5 through 27-7 of
31    this Code.
32        (9)  For the purposes of this Section, "nursery  schools"
33    means  those  nursery  schools  operated by elementary school
34    systems or secondary level school units  or  institutions  of
 
SB745 Engrossed             -647-              LRB9101253EGfg
 1    higher learning.
 2    (Source: P.A.  88-149;  89-618,  eff.  8-9-96;  89-626,  eff.
 3    8-9-96; revised 3-10-98.)

 4        (105 ILCS 5/27A-4)
 5        Sec. 27A-4.  General Provisions.
 6        (a)  The  General  Assembly  does  not intend to alter or
 7    amend the provisions of any court-ordered desegregation  plan
 8    in effect for any school district.  A charter school shall be
 9    subject  to  all  federal  and  State laws and constitutional
10    provisions  prohibiting  discrimination  on  the   basis   of
11    disability,  race,  creed,  color,  gender,  national origin,
12    religion, ancestry,  marital  status,  or  need  for  special
13    education services.
14        (b)  The  total number of charter schools operating under
15    this Article at any one time shall not exceed 45.   Not  more
16    than that 15 charter schools shall operate at any one time in
17    any city having a population exceeding 500,000; not more than
18    15  charter  schools  shall  operate  at  any one time in the
19    counties of DuPage,  Kane,  Lake,  McHenry,  Will,  and  that
20    portion  of Cook County that is located outside a city having
21    a population exceeding 500,000; and not more than 15  charter
22    schools shall operate at any one time in the remainder of the
23    State.
24        For  purposes  of  implementing  this  Section, the State
25    Board shall assign a number to  each  charter  submission  it
26    receives   under   Section   27A-6   for   its   review   and
27    certification,  based on the chronological order in which the
28    submission is received by it.  The State Board shall promptly
29    notify local  school  boards  when  the  maximum  numbers  of
30    certified  charter  schools  authorized  to operate have been
31    reached.
32        (c)  No charter shall be granted under this Article  that
33    would  convert any existing private, parochial, or non-public
 
SB745 Engrossed             -648-              LRB9101253EGfg
 1    school to a charter school.
 2        (d)  Enrollment in a charter school shall be open to  any
 3    pupil  who  resides  within  the geographic boundaries of the
 4    area served by the local school board.  However, no more than
 5    50% of the number of resident  pupils  enrolled  in  any  one
 6    grade  in  a  school  district  with only a single attendance
 7    center covering that grade  may  be  enrolled  in  a  charter
 8    school at one time.
 9        (e)  Nothing  in  this  Article  shall  prevent 2 or more
10    local school boards from  jointly  issuing  a  charter  to  a
11    single  shared  charter  school,  provided  that  all  of the
12    provisions of this Article are met as to those  local  school
13    boards.
14        (f)  No  local school board shall require any employee of
15    the school district to be employed in a charter school.
16        (g)  No  local  school  board  shall  require  any  pupil
17    residing within the geographic boundary of  its  district  to
18    enroll in a charter school.
19        (h)  If there are more eligible applicants for enrollment
20    in   a  charter  school  than  there  are  spaces  available,
21    successful applicants shall be selected by lottery.  However,
22    priority shall be given to siblings of pupils enrolled in the
23    charter school and to pupils who were enrolled in the charter
24    school the previous school year, unless expelled  for  cause.
25    Dual  enrollment at both a charter school and a public school
26    or non-public school shall not be allowed.  A  pupil  who  is
27    suspended  or  expelled from a charter school shall be deemed
28    to be suspended or expelled from the public  schools  of  the
29    school district in which the pupil resides.
30        (i)  No charter school established under this Article may
31    be  authorized  to open prior to the school year beginning in
32    the fall of 1996.
33    (Source: P.A. 89-450, eff. 4-10-96; revised 2-24-98.)
 
SB745 Engrossed             -649-              LRB9101253EGfg
 1        (105 ILCS 5/29-5.2) (from Ch. 122, par. 29-5.2)
 2        Sec. 29-5.2.  Reimbursement of transportation.
 3        (a) Reimbursement. A  custodian  of  a  qualifying  pupil
 4    shall   be  entitled  to  reimbursement  in  accordance  with
 5    procedures established by the State Board  of  Education  for
 6    qualified  transportation  expenses  paid  by  such custodian
 7    during the school year.
 8        (b)  Definitions. As used in this Section:
 9        (1)  "Qualifying pupil" means an individual  referred  to
10    in subsection (c), as well as an individual who:
11        (A)  is a resident of the State of Illinois; and
12        (B)  is  under  the  age of 21 at the close of the school
13    year for which reimbursement is sought;, and;
14        (C)  during the school year for  which  reimbursement  is
15    sought  was  a  full-time  pupil  enrolled  in a kindergarten
16    through 12th grade educational program at a school which  was
17    a  distance of 1 1/2 miles or more from the residence of such
18    pupil; and
19        (D)  did not live within 1 1/2 miles from the  school  in
20    which the pupil was enrolled or have access to transportation
21    provided  entirely  at public expense to and from that school
22    and a point within 1 1/2  miles  of  the  pupil's  residence,
23    measured in a manner consistent with Section 29-3.
24        (2)  "Qualified   transportation  expenses"  means  costs
25    reasonably incurred by the custodian to  transport,  for  the
26    purposes of attending regularly scheduled day-time classes, a
27    qualifying  pupil  between  such qualifying pupil's residence
28    and the school at which such qualifying pupil is enrolled, as
29    limited in subsection (e) of this Section, and shall  include
30    automobile  expenses  at the standard mileage rate allowed by
31    the United States Internal Revenue Service  as  reimbursement
32    for  business  transportation expense, as well as payments to
33    mass transit carriers, private carriers, and contractual fees
34    for transportation.
 
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 1        (3)  "School" means a public or nonpublic  elementary  or
 2    secondary  school  in Illinois, attendance at which satisfies
 3    the requirements of Section 26-1.
 4        (4)  One and one-half miles distance. For the purposes of
 5    this Section, 1 1/2 miles distance shall  be  measured  in  a
 6    manner consistent with Section 29-3.
 7        (5)  Custodian.  The  term  "custodian"  shall mean, with
 8    respect to a qualifying pupil, an Illinois  resident  who  is
 9    the  parent, or parents, or legal guardian of such qualifying
10    pupil.
11        (c)  An individual, resident of the  State  of  Illinois,
12    who  is  under  the age of 21 at the close of the school year
13    for which reimbursement is sought and who, during that school
14    year, was a  full  time  pupil  enrolled  in  a  kindergarten
15    through  12th grade educational program at a school which was
16    within 1 1/2 miles of the pupil's residence,  measured  in  a
17    manner  consistent with Section 29-3, is a "qualifying pupil"
18    within the meaning of this Section if:  (i)  such  pupil  did
19    not have access to transportation provided entirely at public
20    expense  to  and  from that school and the pupil's residence,
21    and  (ii)  conditions  were  such  that  walking  would  have
22    constituted a serious hazard to the safety of the  pupil  due
23    to  vehicular traffic.  The determination of what constitutes
24    a serious safety hazard within the meaning of this subsection
25    shall  in  each  case  be   made   by   the   Department   of
26    Transportation   in  accordance  with  guidelines  which  the
27    Department, in consultation with the State Superintendent  of
28    Education,  shall  promulgate.   Each  custodian intending to
29    file an application for reimbursement  under  subsection  (d)
30    for expenditures incurred or to be incurred with respect to a
31    pupil  asserted  to  be  a  qualified  pupil as an individual
32    referred to in this subsection  shall  first  file  with  the
33    appropriate regional superintendent, on forms provided by the
34    State  Board of Education, a request for a determination that
 
SB745 Engrossed             -651-              LRB9101253EGfg
 1    a serious safety hazard within the meaning of this subsection
 2    (c) exists with respect to such pupil.  Custodians shall file
 3    such forms with the appropriate regional superintendents  not
 4    later   than   February  1  of  the  school  year  for  which
 5    reimbursement will be sought for transmittal by the  regional
 6    superintendents to the Department of Transportation not later
 7    than  February  15;  except that any custodian who previously
 8    received a determination that a serious safety hazard  exists
 9    need  not resubmit such a request for 4 years but instead may
10    certify on their application for reimbursement to  the  State
11    Board  of  Education  referred to in subsection (d), that the
12    conditions found to be hazardous, as previously determined by
13    the Department, remain unchanged. The Department  shall  make
14    its determination on all requests so transmitted to it within
15    30   days,   and  shall  thereupon  forward  notice  of  each
16    determination which it has made to the  appropriate  regional
17    superintendent  for  immediate  transmittal  to the custodian
18    affected  thereby.  The  determination  of   the   Department
19    relative  to  what constitutes a serious safety hazard within
20    the meaning of subsection (c) with respect to any pupil shall
21    be deemed an "administrative decision" as defined in  Section
22    3-101   of   the   Administrative   Review   Law;   and   the
23    Administrative    Review   Law   and   all   amendments   and
24    modifications thereof  and  rules  adopted  pursuant  thereto
25    shall  apply to and govern all proceedings instituted for the
26    judicial review of  final  administrative  decisions  of  the
27    Department of Transportation under this subsection.
28        (d)  Request  for reimbursement. A custodian, including a
29    custodian for a pupil asserted to be a qualified pupil as  an
30    individual  referred  to  in  subsection  (c), who applies in
31    accordance with procedures established by the State Board  of
32    Education  shall  be reimbursed in accordance with the dollar
33    limits set out in this Section. Such procedures shall require
34    application no later than June 30 of each year, documentation
 
SB745 Engrossed             -652-              LRB9101253EGfg
 1    as to eligibility, and  adequate  evidence  of  expenditures;
 2    except  that  for reimbursement sought pursuant to subsection
 3    (c) for the 1985-1986  school  year,  such  procedures  shall
 4    require application within 21 days after the determination of
 5    the  Department of Transportation with respect to that school
 6    year is transmitted by the  regional  superintendent  to  the
 7    affected   custodian.   In  the  absence  of  contemporaneous
 8    records, an affidavit by the custodian  may  be  accepted  as
 9    evidence  of  an expenditure.  If the amount appropriated for
10    such reimbursement for any year is less than the  amount  due
11    each  custodian,  it shall be apportioned on the basis of the
12    requests  approved.   Regional   Superintendents   shall   be
13    reimbursed  for  such  costs  of  administering  the program,
14    including costs incurred in administering the  provisions  of
15    subsection  (c),  as  the State Board of Education determines
16    are reasonable and necessary.
17        (e)  Dollar   limit   on   amount    of    reimbursement.
18    Reimbursement   to  custodians  for  transportation  expenses
19    incurred during the 1985-1986 school year, payable in  fiscal
20    year  1987,  shall  be  equal to the lesser of (1) the actual
21    qualified transportation expenses,  or  (2)  $50  per  pupil.
22    Reimbursement   to  custodians  for  transportation  expenses
23    incurred during the 1986-1987 school year, payable in  fiscal
24    year  1988,  shall  be  equal to the lesser of (1) the actual
25    qualified transportation expenses, or (2) $100 per pupil. For
26    reimbursements of qualified transportation expenses  incurred
27    in  1987-1988  and  thereafter,  the  amount of reimbursement
28    shall not exceed the prior  year's  State  reimbursement  per
29    pupil for transporting pupils as required by Section 29-3 and
30    other provisions of this Article.
31        (f)  Rules  and regulations. The State Board of Education
32    shall adopt rules to implement this Section.
33        (g)  The provisions of this amendatory Act of 1986  shall
34    apply according to their terms to the entire 1985-1986 school
 
SB745 Engrossed             -653-              LRB9101253EGfg
 1    year, including any portion of that school year which elapses
 2    prior  to  the  effective date of this amendatory Act, and to
 3    each subsequent school year.
 4        (h)  The chief  administrative  officer  of  each  school
 5    shall   notify   custodians   of   qualifying   pupils   that
 6    reimbursements  are  available.   Notification shall occur by
 7    the first Monday in November of the  school  year  for  which
 8    reimbursement is available.
 9    (Source: P.A. 85-1209; revised 10-31-98.)

10        (105 ILCS 5/32-1) (from Ch. 122, par. 32-1)
11        Sec. 32-1. May vote to organize under general law.
12        (a)  Any  special  charter  district  may, by vote of its
13    electors, cease to control its school  under  the  Act  under
14    which  it  was  organized,  and  become  part  of  the school
15    township or townships in which it is situated. Upon  petition
16    of  50  voters of the district, presented to the board having
17    the control and management of the schools,  the  board  shall
18    order  submitted  to  the voters at an election to be held in
19    the district, in accordance with the  general  election  law,
20    the  question  of  "organizing under the general school law".
21    The secretary of the board shall make  certification  to  the
22    proper  election  authority  in  accordance  with the general
23    election law.  If, however, a majority of the votes  cast  at
24    any  such election in any school district subject to Sections
25    32-3 through 32-4.11 is against organizing the district under
26    the general  school  law,  the  question  may  not  again  be
27    submitted  in the district for 22 months thereafter, and then
28    only upon petition signed by at least 2% of the voters of the
29    school district.  Notice shall be given  in  accordance  with
30    the  general  election  law,  which  notice  shall  be in the
31    following form:
32                        NOTICE OF REFERENDUM
33        Notice is hereby given that on (insert  date),  the  ....
 
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 1    day  of  ...., 19.., a referendum will be held at.... for the
 2    purpose of deciding the  question  of  organizing  under  the
 3    general school law.  The polls will be opened at .... o'clock
 4    ..m and closed at .... o'clock ..m.
 5                            Signed .....

 6        If  a majority of the votes cast on the proposition is in
 7    favor of organizing under the general school  law,  then  the
 8    board  having  the  control  and management of schools in the
 9    district, shall declare the proposition carried.
10        When such a proposition is declared to have  so  carried,
11    the  board of education shall continue to exercise its powers
12    and duties under the general school law. Each member  of  the
13    board  of  education  selected  under  the  provisions of the
14    special charter shall continue in office until his  term  has
15    expired.    Before the term of each of these members expires,
16    the board shall give notice of an election to be held on  the
17    date  of the next regular school election, in accordance with
18    the general  election  law  to  fill  the  vacancy  which  is
19    created.   Nomination papers filed under this Section are not
20    valid unless the  candidate  named  therein  files  with  the
21    secretary of the board of education a receipt from the county
22    clerk  showing  that  the  candidate has filed a statement of
23    economic interests as required by the  Illinois  Governmental
24    Ethics Act.  Such receipt shall be so filed either previously
25    during  the calendar year in which his nomination papers were
26    filed or within the  period  for  the  filing  of  nomination
27    papers in accordance with the general election law.
28        (b)  Notwithstanding  the  foregoing, any special charter
29    district whose board is  appointed  by  the  mayor  or  other
30    corporate  authority  of that municipality may, by resolution
31    adopted by the corporate  authorities  of  that  municipality
32    cease  to control its school under the Act under which it was
33    organized, become a part of the school township or  townships
34    in  which  it  is  situated  and  become  organized under the
 
SB745 Engrossed             -655-              LRB9101253EGfg
 1    general school law.  If such a  resolution  is  adopted,  the
 2    board  of education shall continue to exercise its powers and
 3    duties under the general school  law.   Each  member  of  the
 4    board  of  education  selected  under  the  provisions of the
 5    special charter shall continue in office until his  term  has
 6    expired.   Before  the term of each of these members expires,
 7    the board shall give notice of an election to be held on  the
 8    date  of the next regular school election, in accordance with
 9    the general  election  law  to  fill  the  vacancy  which  is
10    created.
11    (Source: P.A. 81-1490; revised 10-20-98.)

12        (105 ILCS 5/32-1.4) (from Ch. 122, par. 32-1.4)
13        Sec.  32-1.4.  Petition - referendum - election of board.
14    Upon petition of 50 voters of  any  district  as  defined  in
15    Section  32-1.3 presented to the board having the control and
16    management of schools, the board shall, at the next regularly
17    scheduled  election  held  in  such  district  cause  to   be
18    submitted  to  the  voters  thereof,  in  accordance with the
19    general election law, the proposition of "electing a board of
20    education having the powers conferred  upon  such  boards  in
21    districts  organized under The School Code".  The board shall
22    publish notice of such election, in the  manner  provided  by
23    the  general    election  law,  which  notice  may  be in the
24    following form:
25        Public notice is hereby given that on (insert date),  the
26    ....  day  of  ....  19.., a referendum will be held at ....,
27    between the hours of ... ..m., and ... ..m., of said day  for
28    the  purpose of deciding the question of "electing a board of
29    education having the powers conferred  upon  such  boards  in
30    districts organized under the School Code".
31        If  a  majority  of  the  votes  cast  is in favor of the
32    proposition, then at the time of the  next  regular  election
33    for  boards  of  education, there shall be elected a board of
 
SB745 Engrossed             -656-              LRB9101253EGfg
 1    education for the district.
 2    (Source: P.A. 81-1490; revised 10-20-98.)

 3        (105 ILCS 5/32-5.2) (from Ch. 122, par. 32-5.2)
 4        Sec. 32-5.2. Moneys paid  into  treasury  -  Delivery  of
 5    bonds  -  Records.   All moneys borrowed by virtue of Section
 6    32-5, shall be paid into the treasury of the school district.
 7    Upon receiving the moneys, the treasurer  shall  deliver  the
 8    bonds  issued  therefor  to  the  persons entitled to receive
 9    them, and shall credit the amount received to  the  district.
10    The  treasurer shall record the amount received for each bond
11    issued, and when any bond is paid the treasurer shall  cancel
12    it  and enter in the register opposite the record of the bond
13    the words "paid and cancelled" this .... day of  ....,  19.."
14    filling   the   blanks   with   the   date,  month  and  year
15    corresponding with the date of the payment.
16    (Source: Laws 1961, p. 31; revised 10-20-98.)

17        (105 ILCS 5/32-7) (from Ch. 122, par. 32-7)
18        Sec. 32-7. Form of bond.  The form of bond to be given by
19    any treasurer who has the custody of funds belonging  to  any
20    special  charter  district  shall  be  substantially  in  the
21    following form:
22        We,  (AB),  principal,  and (CD and EF), sureties, all of
23    the County of .... and State of Illinois,  are  obligated  to
24    the  People of the State of Illinois, for the use of the ....
25    (name of school district) in the penal sum of $...., for  the
26    payment  of which to be made, we obligate ourselves, and each
27    of us, our heirs, executors, administrators, successors,  and
28    assigns.
29        Dated (insert date). 19
30        The  condition  of  the  above  bond is that if the above
31    obligated (AB) shall perform all the duties which are, or may
32    be required by law to be performed by him as treasurer of the
 
SB745 Engrossed             -657-              LRB9101253EGfg
 1    school district in the time and manner prescribed, or  to  be
 2    prescribed  by  law, and when he shall be succeeded in office
 3    and surrender and deliver over to his successor in office all
 4    books, papers, moneys, and  other  things  belonging  to  the
 5    school  district and pertaining to his office, then the above
 6    bond to be void; otherwise, to remain in full force.
 7        It  is  expressly  understood  and  intended   that   the
 8    obligation  of  the  above named sureties shall not extend to
 9    any loss sustained by the insolvency, failure, or closing  of
10    any  bank  or  savings  and  loan  association  organized and
11    operating either under the laws of the State of  Illinois  or
12    the United States wherein such treasurer has placed the funds
13    in  his  custody  or  control, or any part thereof, provided,
14    such depository has been approved by the (board of education,
15    board of school inspectors or other  governing  body  of  the
16    particular district) of the .... (name of district).
17                              A B ....
18                              C D ....
19                              E F ....
20    (Source: P.A. 84-550; revised 10-20-98.)

21        (105 ILCS 5/34-21.1) (from Ch. 122, par. 34-21.1)
22        Sec.  34-21.1.   Additional  powers. In addition to other
23    powers and authority now possessed by  it,  the  board  shall
24    have power:
25        (1)  To lease from any public building commission created
26    pursuant  to the provisions of the Public Building Commission
27    Act, approved  July  5,  1955,  as  heretofore  or  hereafter
28    amended    or   from   any   individuals,   partnerships   or
29    corporations, any real or personal property for  the  purpose
30    of  securing space for its school purposes or office or other
31    space for its administrative functions for a period  of  time
32    not exceeding 40 years.
33        (2)  To  pay  for  the  use  of  this  leased property in
 
SB745 Engrossed             -658-              LRB9101253EGfg
 1    accordance  with  the  terms  of  the  lease  and  with   the
 2    provisions  of  the  Public Building Commission Act, approved
 3    July 5, 1955, as heretofore or hereafter amended.
 4        (3)  Such lease may be  entered  into  without  making  a
 5    previous  appropriation  for  the  expense  thereby incurred;
 6    provided, however, that if the board undertakes to pay all or
 7    any part of  the  costs  of  operating  and  maintaining  the
 8    property  of  a  public  building commission as authorized in
 9    subparagraph (4) of this Section, such expenses of  operation
10    and  maintenance  shall  be  included in the annual budget of
11    such board annually during the term of such undertaking.
12        (4)  In addition, the board may undertake, either in  the
13    lease  with  a  public  building  commission  or  by separate
14    agreement or contract with a public building  commission,  to
15    pay all or any part of the costs of maintaining and operating
16    the  property  of a public building commission for any period
17    of time not exceeding 40 years.
18        (5)  To enter into agreements, including lease and  lease
19    purchase  agreements  having  a term not longer than 40 years
20    from the date on which such agreements are entered into, with
21    private sector individuals, partnerships, or corporations for
22    the construction of school buildings,  school  administrative
23    offices,  site  development,  and  school support facilities.
24    The board shall maintain exclusive possession of all schools,
25    school administrative offices, and school facilities which it
26    is occupying or acquiring pursuant to any such lease or lease
27    purchase agreement, and in addition shall have  and  exercise
28    complete control over the education program conducted at such
29    schools,  offices  and  facilities.  The board's contribution
30    under any such agreement shall be limited to the use  of  the
31    real estate and existing improvements on a rental basis which
32    shall be exempt from any form of leasehold tax or assessment,
33    but  the  interests  of  the board may be subordinated to the
34    interests  of  a  mortgage  holder  or  holders  acquired  as
 
SB745 Engrossed             -659-              LRB9101253EGfg
 1    security for additional improvements made on the property.
 2        (6)  To make  payments  on  a  lease  or  lease  purchase
 3    agreement  entered  into pursuant to subparagraph (5) of this
 4    Section with an individual, partnership, or a corporation for
 5    school buildings, school administrative offices,  and  school
 6    support    facilities   constructed   by   such   individual,
 7    partnership, or corporation.
 8        (7)  To  purchase  the  interests   of   an   individual,
 9    partnership,  or  corporation  pursuant to any lease or lease
10    purchase agreement entered into  by  the  board  pursuant  to
11    subparagraph (5) of this Section, and to assume or retire any
12    outstanding  debt  or  obligation  relating  to such lease or
13    lease purchase agreement  for  any  school  building,  school
14    administrative office, or school support facility.
15        (8)  Subject  to  the  provisions  of subparagraph (9) of
16    this Section, to enter into agreements, including  lease  and
17    lease  purchase  agreements, having a term not longer than 40
18    years from the date on which such agreements are entered into
19    for the provision of school buildings  and  related  property
20    and  facilities  for  an  agricultural  science  school.  The
21    enrollment  in  such school shall be limited to 600 students.
22    Under  such  agreements  the  board  shall   have   exclusive
23    possession  of all such school buildings and related property
24    and facilities which it is occupying or acquiring pursuant to
25    any such agreements, and in addition shall have and  exercise
26    complete  control  over  the educational program conducted at
27    such school. Under such agreements the board also  may  lease
28    to  another  party to such agreement real estate and existing
29    improvements which are appropriate and available for  use  as
30    part  of  the necessary school buildings and related property
31    and facilities for  an  agricultural  science  school.    Any
32    interest  created  by  such  a lease shall be exempt from any
33    form of leasehold tax or assessment, and the interests of the
34    board as owner or lessor of property covered by such a  lease
 
SB745 Engrossed             -660-              LRB9101253EGfg
 1    may  be subordinated to the interests of a mortgage holder or
 2    holders acquired as security for additional improvements made
 3    on the property. In addition, but subject to  the  provisions
 4    of subparagraph (9) of this Section, the board is authorized:
 5    (i)  to  pay  for  the  use  of  school buildings and related
 6    property and facilities for an agricultural science school as
 7    provided for in an agreement entered into  pursuant  to  this
 8    subparagraph (8) and to enter into any such agreement without
 9    making  a  previous  appropriation  for  the  expense thereby
10    incurred; and (ii) to enter into agreements to  purchase  any
11    ownership  interests  in  any  school  buildings  and related
12    property and facilities subject to any agreement entered into
13    by the board pursuant to this subparagraph (8) and to  assume
14    or retire any outstanding debt or obligation relating to such
15    school buildings and related property and facilities.
16        (9)  Notwithstanding  the  provisions of subparagraph (8)
17    of this Section or any other law, the board shall not at  any
18    time on or after the effective date of this amendatory Act of
19    1991 enter into any new lease or lease purchase agreement, or
20    amend  or  modify any existing lease, lease purchase or other
21    agreement entered into pursuant to  subparagraph  subpargraph
22    (8),  covering all or any part of the property or facilities,
23    consisting of 78.85 acres more or less, heretofore  purchased
24    or  otherwise  acquired  by  the  board  for  an agricultural
25    science school; nor shall the board enter into any  agreement
26    on or after the effective date of this amendatory Act of 1991
27    to  sell, lease, transfer or otherwise convey all or any part
28    of the property so purchased or  acquired,  nor  any  of  the
29    school  buildings or related facilities thereon, but the same
30    shall be held, used, occupied and  maintained  by  the  board
31    solely  for  the  purpose  of  conducting  and  operating  an
32    agricultural  science  school.   The  board  shall not, on or
33    after the effective date of  this  amendatory  Act  of  1991,
34    enter  into any contracts or agreements for the construction,
 
SB745 Engrossed             -661-              LRB9101253EGfg
 1    alteration or modification of  any  new  or  existing  school
 2    buildings or related facilities or structural improvements on
 3    any  part  of the 78.85 acres purchased or otherwise acquired
 4    by  the  board  for  agricultural  science  school  purposes,
 5    excepting only those contracts or agreements that are entered
 6    into  by  the  board  for  the  construction,  alteration  or
 7    modification of such school buildings, related facilities  or
 8    structural  improvements  that  on the effective date of this
 9    amendatory  Act  of  1991  are  either  located  upon,  under
10    construction upon  or  scheduled  under  existing  plans  and
11    specifications  to  be  constructed  upon  a  parcel of land,
12    consisting  of  17.45  acres  more  or  less  and   measuring
13    approximately  880  feet  along  its  northerly and southerly
14    boundaries and 864  feet  along  its  easterly  and  westerly
15    boundaries, located in the northeast part of the 78.85 acres.
16    Nothing in this subparagraph (9) shall be deemed or construed
17    to  alter,  modify,  impair or otherwise affect the terms and
18    provisions of, nor the rights and obligations of the  parties
19    under  any agreement or contract made and entered into by the
20    board prior to the effective date of this amendatory Act  (i)
21    for  the  acquisition, lease or lease purchase of, or for the
22    construction,  alteration  or  modification  of  any   school
23    buildings, related facilities or structural improvements upon
24    all  or  any part of the 78.85 acres purchased or acquired by
25    the board for agricultural science school purposes,  or  (ii)
26    for  the  lease by the board of an irregularly shaped parcel,
27    consisting of 23.19 acres more or less, of that  78.85  acres
28    for park board purposes.
29    (Source: P.A. 87-722; revised 2-24-98.)

30        (105 ILCS 5/34-84a.1) (from Ch. 122, par. 34-84a.1)
31        Sec.  34-84a.1.   Principals  shall  report  incidents of
32    intimidation.  The principal of each attendance center  shall
33    promptly  notify  and  report  to  the  local law enforcement
 
SB745 Engrossed             -662-              LRB9101253EGfg
 1    authorities for inclusion in the Department of State Police's
 2     Law Enforcement's Illinois Uniform Crime  Reporting  Program
 3    each  incident  of  intimidation  of  which  he  or  she  has
 4    knowledge  and each alleged incident of intimidation which is
 5    reported to him or her, either orally or in writing,  by  any
 6    pupil   or   by   any   teacher   or  other  certificated  or
 7    non-certificated personnel employed at the attendance center.
 8    "Intimidation" shall have  the  meaning  ascribed  to  it  by
 9    Section 12-6 of the Criminal Code of 1961.
10    (Source: P.A. 84-1020; revised 10-31-98.)

11        Section  102.  The Illinois School Student Records Act is
12    amended by changing Section 6 as follows:

13        (105 ILCS 10/6) (from Ch. 122, par. 50-6)
14        (Text of Section before amendment by P.A. 90-590)
15        Sec. 6.  (a)  No school student  records  or  information
16    contained  therein may be released, transferred, disclosed or
17    otherwise disseminated, except as follows:
18             (1)  To a parent or student or  person  specifically
19        designated  as  a representative by a parent, as provided
20        in paragraph (a) of Section 5;
21             (2)  To an employee or official  of  the  school  or
22        school  district or State Board with current demonstrable
23        educational or administrative interest in the student, in
24        furtherance of such interest;
25             (3)  To the official records  custodian  of  another
26        school  within  Illinois  or  an  official  with  similar
27        responsibilities  of  a school outside Illinois, in which
28        the student has enrolled, or intends to enroll, upon  the
29        request of such official or student;
30             (4)  To  any  person  for  the  purpose of research,
31        statistical  reporting  or  planning,  provided  that  no
32        student or parent can be identified from the  information
 
SB745 Engrossed             -663-              LRB9101253EGfg
 1        released  and  the  person  to  whom  the  information is
 2        released signs an affidavit agreeing to comply  with  all
 3        applicable   statutes  and  rules  pertaining  to  school
 4        student records;
 5             (5)  Pursuant to a court order,  provided  that  the
 6        parent  shall be given prompt written notice upon receipt
 7        of such order of the terms of the order, the  nature  and
 8        substance  of  the information proposed to be released in
 9        compliance with such order and an opportunity to  inspect
10        and  copy  the  school  student  records and to challenge
11        their contents pursuant to Section 7;
12             (6)  To any person as specifically required by State
13        or federal law;
14             (7)  Subject to regulations of the State  Board,  in
15        connection  with  an emergency, to appropriate persons if
16        the knowledge of such information is necessary to protect
17        the health or safety of the student or other persons;
18             (8)  To any person, with the  prior  specific  dated
19        written  consent  of the parent designating the person to
20        whom the records may be released, provided  that  at  the
21        time  any  such  consent  is  requested  or obtained, the
22        parent shall be advised in writing that he has the  right
23        to  inspect  and  copy  such  records  in accordance with
24        Section 5, to challenge their contents in accordance with
25        Section 7 and to limit any  such  consent  to  designated
26        records   or   designated  portions  of  the  information
27        contained therein; or
28             (9)  To a governmental  agency,  or  social  service
29        agency   contracted   by   a   governmental   agency,  in
30        furtherance of an investigation  of  a  student's  school
31        attendance  pursuant to the compulsory student attendance
32        laws  of  this  State,  provided  that  the  records  are
33        released to the  employee  or  agent  designated  by  the
34        agency.
 
SB745 Engrossed             -664-              LRB9101253EGfg
 1        (b)  No   information   may   be   released  pursuant  to
 2    subparagraphs  (3) or (6) of paragraph (a) of this Section  6
 3    unless the parent receives prior written notice of the nature
 4    and substance of the information proposed to be released, and
 5    an opportunity to inspect and copy such records in accordance
 6    with  Section 5 and to challenge their contents in accordance
 7    with Section 7.  Provided, however, that such notice shall be
 8    sufficient if published  in  a  local  newspaper  of  general
 9    circulation  or  other  publication directed generally to the
10    parents involved where the proposed release of information is
11    pursuant to subparagraph 6 of paragraph (a) in this Section 6
12    and relates to more than 25 students.
13        (c)  A record of any release of information  pursuant  to
14    this  Section  must  be made and kept as a part of the school
15    student record and subject to the access granted  by  Section
16    5. Such record of release shall be maintained for the life of
17    the school student records and shall be available only to the
18    parent  and  the  official  records custodian. Each record of
19    release shall also include:
20             (1)  The nature and  substance  of  the  information
21        released;
22             (2)  The  name and signature of the official records
23        custodian releasing such information;
24             (3)  The  name  of  the   person   requesting   such
25        information,  the  capacity  in  which such a request has
26        been made, and the purpose of such request;
27             (4)  The date of the release; and
28             (5)  A copy of any consent to such release.
29        (d)  Except for the student and his parents, no person to
30    whom information is released pursuant to this Section and  no
31    person  specifically  designated  as  a  representative  by a
32    parent may permit any other person to  have  access  to  such
33    information without a prior consent of the parent obtained in
34    accordance  with  the  requirements  of  subparagraph  (8) of
 
SB745 Engrossed             -665-              LRB9101253EGfg
 1    paragraph (a) of this Section.
 2        (e)  Nothing contained in this  Act  shall  prohibit  the
 3    publication  of student directories which list student names,
 4    addresses  and  other  identifying  information  and  similar
 5    publications which comply  with  regulations  issued  by  the
 6    State Board.
 7    (Source: P.A. 90-566, eff. 1-2-98.)

 8        (Text of Section after amendment by P.A. 90-590)
 9        Sec.  6.   (a)   No school student records or information
10    contained therein may be released, transferred, disclosed  or
11    otherwise disseminated, except as follows:
12             (1)  To  a  parent or student or person specifically
13        designated as a representative by a parent,  as  provided
14        in paragraph (a) of Section 5;
15             (2)  To  an  employee  or  official of the school or
16        school district or State Board with current  demonstrable
17        educational or administrative interest in the student, in
18        furtherance of such interest;
19             (3)  To  the  official  records custodian of another
20        school  within  Illinois  or  an  official  with  similar
21        responsibilities of a school outside Illinois,  in  which
22        the  student has enrolled, or intends to enroll, upon the
23        request of such official or student;
24             (4)  To any person  for  the  purpose  of  research,
25        statistical  reporting  or  planning,  provided  that  no
26        student  or parent can be identified from the information
27        released and  the  person  to  whom  the  information  is
28        released  signs  an affidavit agreeing to comply with all
29        applicable  statutes  and  rules  pertaining  to   school
30        student records;
31             (5)  Pursuant  to  a  court order, provided that the
32        parent shall be given prompt written notice upon  receipt
33        of  such  order of the terms of the order, the nature and
34        substance of the information proposed to be  released  in
 
SB745 Engrossed             -666-              LRB9101253EGfg
 1        compliance  with such order and an opportunity to inspect
 2        and copy the school  student  records  and  to  challenge
 3        their contents pursuant to Section 7;
 4             (6)  To any person as specifically required by State
 5        or federal law;
 6             (6.5)  To  juvenile  authorities  when necessary for
 7        the  discharge  of  their  official  duties  who  request
 8        information prior to adjudication of the student and  who
 9        certify  in  writing  that  the  information  will not be
10        disclosed to any other party except as provided under law
11        or  order  of  court.   For  purposes  of  this   Section
12        "juvenile  authorities" means: (i) a judge of the circuit
13        court and members of the staff of the court designated by
14        the judge; (ii) parties  to  the  proceedings  under  the
15        Juvenile  Court  Act  of  1987 and their attorneys; (iii)
16        probation officers and court appointed advocates for  the
17        juvenile  authorized by the judge hearing the case;  (iv)
18        any individual, public or private agency  having  custody
19        of the child pursuant to court order; (v) any individual,
20        public  or private agency providing education, medical or
21        mental health service to the  child  when  the  requested
22        information   is  needed  to  determine  the  appropriate
23        service or treatment for the minor;  (vi)  any  potential
24        placement provider when such release is authorized by the
25        court   for   the  limited  purpose  of  determining  the
26        appropriateness of the  potential  placement;  (vii)  law
27        enforcement  officers  and  prosecutors; (viii) adult and
28        juvenile prisoner review boards; (ix) authorized military
29        personnel; (x) individuals authorized by court;
30             (7)  Subject to regulations of the State  Board,  in
31        connection  with  an emergency, to appropriate persons if
32        the knowledge of such information is necessary to protect
33        the health or safety of the student or other persons;
34             (8)  To any person, with the  prior  specific  dated
 
SB745 Engrossed             -667-              LRB9101253EGfg
 1        written  consent  of the parent designating the person to
 2        whom the records may be released, provided  that  at  the
 3        time  any  such  consent  is  requested  or obtained, the
 4        parent shall be advised in writing that he has the  right
 5        to  inspect  and  copy  such  records  in accordance with
 6        Section 5, to challenge their contents in accordance with
 7        Section 7 and to limit any  such  consent  to  designated
 8        records   or   designated  portions  of  the  information
 9        contained therein; or
10             (9)  To a governmental  agency,  or  social  service
11        agency   contracted   by   a   governmental   agency,  in
12        furtherance of an investigation  of  a  student's  school
13        attendance  pursuant to the compulsory student attendance
14        laws  of  this  State,  provided  that  the  records  are
15        released to the  employee  or  agent  designated  by  the
16        agency.
17        (b)  No   information   may   be   released  pursuant  to
18    subparagraphs  (3) or (6) of paragraph (a) of this Section  6
19    unless the parent receives prior written notice of the nature
20    and substance of the information proposed to be released, and
21    an opportunity to inspect and copy such records in accordance
22    with  Section 5 and to challenge their contents in accordance
23    with Section 7.  Provided, however, that such notice shall be
24    sufficient if published  in  a  local  newspaper  of  general
25    circulation  or  other  publication directed generally to the
26    parents involved where the proposed release of information is
27    pursuant to subparagraph 6 of paragraph (a) in this Section 6
28    and relates to more than 25 students.
29        (c)  A record of any release of information  pursuant  to
30    this  Section  must  be made and kept as a part of the school
31    student record and subject to the access granted  by  Section
32    5. Such record of release shall be maintained for the life of
33    the school student records and shall be available only to the
34    parent  and  the  official  records custodian. Each record of
 
SB745 Engrossed             -668-              LRB9101253EGfg
 1    release shall also include:
 2             (1)  The nature and  substance  of  the  information
 3        released;
 4             (2)  The  name and signature of the official records
 5        custodian releasing such information;
 6             (3)  The  name  of  the   person   requesting   such
 7        information,  the  capacity  in  which such a request has
 8        been made, and the purpose of such request;
 9             (4)  The date of the release; and
10             (5)  A copy of any consent to such release.
11        (d)  Except for the student and his parents, no person to
12    whom information is released pursuant to this Section and  no
13    person  specifically  designated  as  a  representative  by a
14    parent may permit any other person to  have  access  to  such
15    information without a prior consent of the parent obtained in
16    accordance  with  the  requirements  of  subparagraph  (8) of
17    paragraph (a) of this Section.
18        (e)  Nothing contained in this  Act  shall  prohibit  the
19    publication  of student directories which list student names,
20    addresses  and  other  identifying  information  and  similar
21    publications which comply  with  regulations  issued  by  the
22    State Board.
23    (Source:  P.A.  90-566,  eff.  1-2-98;  90-590,  eff. 1-1-00;
24    revised 9-16-98.)

25        Section 103.  The Asbestos Abatement Act  is  amended  by
26    changing Section 6 as follows:

27        (105 ILCS 105/6) (from Ch. 122, par. 1406)
28        Sec. 6.  Powers and Duties of the Department.
29        (a)  The  Department is empowered to promulgate any rules
30    necessary to ensure proper implementation and  administration
31    of  this  Act  and  of  the federal Asbestos Hazard Emergency
32    Response  Act  of  1986,  and  the  regulations   promulgated
 
SB745 Engrossed             -669-              LRB9101253EGfg
 1    thereunder.
 2        (b)  Rules  promulgated  by the Department shall include,
 3    but not be limited to:
 4             (1)  all rules necessary to achieve compliance  with
 5        the  federal  Asbestos  Hazard  Emergency Response Act of
 6        1986 and the regulations promulgated thereunder;.
 7             (2)  rules providing for the training and  licensing
 8        of  persons  and firms to perform asbestos inspection and
 9        air sampling; to perform abatement work; and to serve  as
10        asbestos  abatement  contractors,  management,  planners,
11        project  designers, project supervisors, project managers
12        and asbestos workers for public and private secondary and
13        elementary schools; and any necessary rules  relating  to
14        the correct and safe performance of those tasks; and.
15             (3)  rules  for  the  development  and submission of
16        asbestos management plans by local educational  agencies,
17        and  for  review  and  approval  of  such  plans  by  the
18        Department.
19        (c)  In carrying out its responsibilities under this Act,
20    the Department shall:
21             (1)  publish  a  list  of persons and firms licensed
22        pursuant to this Act, except that  the  Department  shall
23        not  be  required  to publish a list of licensed asbestos
24        workers;
25             (2)  require  each  local  educational   agency   to
26        maintain  records  of  asbestos-related activities, which
27        shall be made available to the Department  upon  request;
28        and
29             (3)  require local educational agencies to submit to
30        the    Department    for   review    and   approval   all
31        asbestos-related response action contracts for which  the
32        local  educational agency seeks indemnification under the
33        Response Action  Contractor  Contractors  Indemnification
34        Act,  and with respect to such response action contracts,
 
SB745 Engrossed             -670-              LRB9101253EGfg
 1        to collect from the local educational agency and  deposit
 2        in  the  Response  Contractors Indemnification Fund 5% of
 3        the amount of each response action contract, as  required
 4        under the Response Action Contractor Indemnification Act.
 5        (d)  Adopt  rules for the collection of fees for training
 6    course approval; and for licensing of inspectors,  management
 7    planners,  project  designers,  contractors, supervisors, air
 8    sampling professionals, project managers and workers.
 9    (Source: P.A. 86-416; revised 10-31-98.)

10        Section 104.  The Private Business and Vocational Schools
11    Act is amended by changing Section 7 as follows:

12        (105 ILCS 425/7) (from Ch. 144, par. 142)
13        Sec. 7.  Application commitments.  Each application for a
14    certificate of approval  shall  also  contain  the  following
15    commitments:
16        1.  To conduct the school in accordance with this Act and
17    the  standards,  rules  and  regulations  from  time  to time
18    established and promulgated hereunder;
19        2.  To  conduct  the  school  in  accordance   with   the
20    standards  of  the  school's regional or national accrediting
21    agency, if any;
22        2.5.  To meet standards  and  requirements  at  least  as
23    stringent  as  those required by Part H of the Federal Higher
24    Education Act of 1965;.
25        3.  To maintain student transcript records for  at  least
26    50 years after the student has departed from the school;
27        4.  To  conduct instruction in each course of instruction
28    on its certificate of  approval  at  least  once  during  the
29    approval year for which the certificate is issued;
30        5.  To  permit the Superintendent or his or her designees
31    to inspect the school or classes thereof from  time  to  time
32    with  or  without  notice;  and  to  make  available  to  the
 
SB745 Engrossed             -671-              LRB9101253EGfg
 1    Superintendent  or  his  or  her  designees, at any time when
 2    required  to   do   so,   information   including   financial
 3    information  pertaining  to  the  activities  of  the  school
 4    required   for   the  administration  of  this  Act  and  the
 5    standards, rules and regulations established and  promulgated
 6    hereunder;
 7        6.  To utilize only advertising and solicitation which is
 8    free  from  misrepresentation,  deception  or fraud, or other
 9    misleading or unfair trade practices;
10        7.  To not promise or agree to any right or privilege  in
11    respect  to  professional  examinations or to the practice of
12    any profession in violation of the laws of this State;
13        8.  To screen applicants for each course  of  instruction
14    prior  to  enrollment  and maintain such records for 7 years.
15    If the course being offered  is  in  a  language  other  than
16    English, the screening must include that language; and.
17        9.  To  post  in  a  conspicuous  place  a  statement, as
18    developed by the Superintendent, of students' rights provided
19    under this Act.
20    (Source: P.A. 88-483; revised 10-31-98.)

21        Section 108.  The Public University  Energy  Conservation
22    Act is amended by renumbering Section 5.5 as follows:

23        (110 ILCS 62/5-5)
24        Sec.  5-5.  5.5.  Public university.  "Public university"
25    means  any  of  the  the  following  institutions  of  higher
26    learning:  the  University  of  Illinois,  Southern  Illinois
27    University, Northern Illinois  University,  Eastern  Illinois
28    University,   Western   Illinois   University,   Northeastern
29    Illinois  University,  Chicago  State  University,  Governors
30    State  University,  or  Illinois  State University, acting in
31    each case through its board of trustees or through a designee
32    of that board.
 
SB745 Engrossed             -672-              LRB9101253EGfg
 1    (Source: P.A. 90-486, eff. 8-17-97; revised 10-28-98.)

 2        Section 16.  The Board of Higher Education Act is amended
 3    by setting forth and renumbering multiple versions of Section
 4    9.27 as follows:

 5        (110 ILCS 205/9.27)
 6        Sec.  9.27.  Technology   Grants.    To   establish   and
 7    administer a program or programs of grants for the purpose of
 8    improving  and making available state-of-the-art technologies
 9    for Illinois institutions of higher education.   Such  grants
10    may  be  awarded to public institutions of higher learning or
11    nonpublic institutions of higher learning or to  both  public
12    and  nonpublic  institutions of higher learning.  Such grants
13    may be made for technology purposes that include, but are not
14    limited to, the purchase of equipment or services or both  to
15    improve  computing  and  computer  networking  and to enhance
16    connectivity to external networks.
17        The Board shall adopt such rules and regulations  as  may
18    be necessary to accomplish the purposes of this Section.
19    (Source: P.A. 90-730, eff. 8-10-98.)

20        (110 ILCS 205/9.28)
21        Sec. 9.28. 9.27.  Graduation incentive grant program.
22        (a)  The  graduation  incentive  grant  program is hereby
23    created.  The program shall be implemented  and  administered
24    by  the Board of Higher Education to provide grant incentives
25    to  public  universities  that  offer   their   undergraduate
26    students  contracts under which the university commits itself
27    to  provide  the  courses,  programs,  and  support  services
28    necessary to enable  the  contracting  students  to  graduate
29    within  4 years.  Grants shall be awarded from appropriations
30    made to the Board of Higher Education for  purposes  of  this
31    Section.
 
SB745 Engrossed             -673-              LRB9101253EGfg
 1        (b)  To  be  eligible  for  grant consideration, a public
 2    university shall annually file a report  with  the  Board  of
 3    Higher  Education  detailing  its  4-year graduation contract
 4    program.   The  report  shall  include,  at  a  minimum,  the
 5    following information:  the number of undergraduate  students
 6    participating  in the program, the requirements of the 4-year
 7    graduation contracts offered by the university, the types  of
 8    additional support services provided by the university to the
 9    contracting students, and the cost of the program.
10        (c)  In awarding grants to public universities under this
11    Section,  the  Board  of  Higher  Education may consider each
12    applicant's report data, the number of  institutions  wishing
13    to  participate,  and  such  other  criteria  as the Board of
14    Higher Education determines to be appropriate.
15        (d)  The Board of Higher Education shall annually  submit
16    to   the  Governor  and  the  General  Assembly  a  budgetary
17    recommendation for grants under this Section and shall notify
18    applicants for grant assistance  that  the  award  of  grants
19    under  this  Section  is  contingent upon the availability of
20    appropriated funds.
21        (e)  The Board of Higher Education may adopt  such  rules
22    as it deems necessary for administration of the grant program
23    created by this Section.
24    (Source: P.A. 90-750, eff. 8-14-98; revised 9-21-98.)

25        Section 107.  The Public Community College Act is amended
26    by changing Sections 3-7.10, 3-19, and 3-2.5 as follows:

27        (110 ILCS 805/3-7.10) (from Ch. 122, par. 103-7.10)
28        Sec.  3-7.10.  Nominations for members of the board shall
29    be made by a petition signed by at least 50 voters or 10%  of
30    the  voters,  whichever is less, residing within the district
31    and shall be filed with the  secretary  of  the  board.    In
32    addition to the requirements of the general election law, the
 
SB745 Engrossed             -674-              LRB9101253EGfg
 1    form of such petitions shall be substantially as follows:
 2                        NOMINATING PETITIONS
 3        To  the  Secretary  of the Board of Trustees of Community
 4    College District No. ....:
 5        We the undersigned, being (....   or  more)  (or  10%  or
 6    more)  of  the  voters  residing within said district, hereby
 7    petition that .... who  resides  at  ....  in  the  (city  or
 8    village) of .... in Township .... (or who resides outside any
 9    city,  village  or incorporated town and in Township ....) in
10    said district shall be a candidate for the office of ....  of
11    the  Board  of Trustees (full term) (vacancy) to be voted for
12    at the election to be held on  (insert  date).  the....   day
13    of...., 19...
14    Name:                         Address:

15        Nomination  papers filed under this Section are not valid
16    unless the candidate named therein files with  the  secretary
17    of the board a receipt from the county clerk showing that the
18    candidate  has  filed  a  statement  of economic interests as
19    required by  the  Illinois  Governmental  Ethics  Act.   Such
20    receipt  shall  be  so  filed  either  previously  during the
21    calendar year in which his nomination papers  were  filed  or
22    within  the  period  for  the  filing of nomination papers in
23    accordance with the general election law.
24        The secretary of the board shall notify  each  candidate,
25    or  the  appropriate  committee,  for  whom  a  petition  for
26    nomination  has  been  filed  of  their obligations under the
27    Campaign Financing Act, as required by the  general  election
28    law.   Such notice shall be given on a form prescribed by the
29    State  Board  of  Elections  and  in  accordance   with   the
30    requirements of the general election law.
31        All petitions for the nomination of members of a board of
32    trustees  shall  be  filed  with  the  secretary of the board
33    within the time provided for by  the  general  election  law.
34    Said   secretary  shall  make  certification  to  the  proper
 
SB745 Engrossed             -675-              LRB9101253EGfg
 1    election authority in accordance with the requirements of the
 2    general election law.  If the secretary is an incumbent board
 3    member seeking reelection, a disinterested person must  be  a
 4    witness to the filing of his petition.  It is the duty of the
 5    secretary  to  provide  candidates  with  petition  forms and
 6    statements of candidacy.
 7        The secretary shall within 7 days of  filing  or  on  the
 8    last day for filing, whichever is earlier, acknowledge to the
 9    petitioner in writing his acceptance of the petition.
10        In  all  newly  organized  districts the petition for the
11    nomination of candidates for members  of  the  board  at  the
12    first  election  shall  be  addressed  to  and filed with the
13    regional superintendent  in  the  manner  specified  for  the
14    petitions  for  candidates of a community college board.  For
15    such election the regional superintendent shall  fulfill  all
16    duties otherwise assigned to the secretary of the board.
17    (Source: P.A. 81-1490; revised 10-20-98.)

18        (110 ILCS 805/3-19) (from Ch. 122, par. 103-19)
19        Sec.   3-19.   Before  entering  upon  his  duties,  each
20    treasurer shall execute a bond with 2 or more persons  having
21    an  interest  in real estate who are not members of the board
22    of the district, or with a surety company  authorized  to  do
23    business  in this State, as sureties, payable to the board of
24    the community college district for which he is treasurer  and
25    conditioned  upon  the faithful discharge of his duties.  The
26    penalty of the bond shall be at least twice the amount of all
27    bonds, notes, mortgages, moneys and effects of which he is to
28    have the custody, if individuals act as sureties, or  in  the
29    amount  only  of  such  bonds,  notes,  mortgages, moneys and
30    effects if the surety given is by a surety company authorized
31    to do business in this  State,  and  shall  be  increased  or
32    decreased  from  time to time, as the increase or decrease of
33    the amount of notes, bonds, mortgages, moneys and effects may
 
SB745 Engrossed             -676-              LRB9101253EGfg
 1    require, and whenever in the judgment of the State board  the
 2    penalty  of  the  bond  should be increased or decreased. The
 3    bond must be approved by at least a majority of the board  of
 4    the  community  college  district  and  filed  with the State
 5    Board.  A copy of the bond must also be filed with the county
 6    clerk of each county in  which  any  part  of  the  community
 7    college   district   is  situated.   The  bond  shall  be  in
 8    substantially the following form:
 9    STATE OF ILLINOIS)
10                     ) SS.
11    .......... COUNTY)
12        We, .... and .... are obligated, jointly  and  severally,
13    to  the  Board of Community College District No. ...., County
14    (or Counties) of .... and State of Illinois in the penal  sum
15    of $...., for the payment of which we obligate ourselves, our
16    heirs, executors and administrators.
17        Dated (insert date). ............ 19..
18        The  condition  of  this obligation is such that if ....,
19    treasurer in the district above stated, faithfully discharges
20    the duties of his  or  her  office,  according  to  law,  and
21    delivers  to  his  or  her  successor  in  office, after that
22    successor has qualified by giving bond as  provided  by  law,
23    all  moneys,  books,  papers,  securities and property, which
24    shall come into his or her possession  or  control,  as  such
25    treasurer,  from the date of his or her bond to the time that
26    his or her successor has qualified as  treasurer,  by  giving
27    such  bond  as is required by law, then this obligation to be
28    void; otherwise to remain in full force and effect.
29                                     Signed:.....................
30                                     ............................
31                                     ............................
32                                     ............................
33        Approved and  accepted  by  Board  of  Community  College
34    District  No.  .... County (or Counties) of .... and State of
 
SB745 Engrossed             -677-              LRB9101253EGfg
 1    Illinois. By .... Chairman   .... Secretary
 2        No part of any State or other district funds may be  paid
 3    to  any  treasurer  or other persons authorized to receive it
 4    unless the treasurer has filed his or her  bond  as  required
 5    herein.
 6    (Source: P.A. 84-1308; revised 10-20-98.)

 7        (110 ILCS 805/3-20.5) (from Ch. 122, par. 103-20.5)
 8        Sec.  3-20.5.   (a)  The  board of each community college
 9    district shall ascertain, as near as  practicable,  annually,
10    how  much money must be raised by special tax for educational
11    purposes and for operations  and  maintenance  of  facilities
12    purposes  for  the  next ensuing year.  Such amounts shall be
13    certified and returned to the county clerk on or  before  the
14    last Tuesday in December, annually.  The certificate shall be
15    signed  by  the  chairman  and  secretary,  and may be in the
16    following form:
17                       CERTIFICATE OF TAX LEVY
18        We hereby  certify  that  we  require  the  sum  of  ....
19    dollars  to  be  levied  as  a  special  tax  for educational
20    purposes, and the sum of ....  dollars  to  be  levied  as  a
21    special  tax  for  operations  and  maintenance of facilities
22    purposes, on the equalized  assessed  value  of  the  taxable
23    property of our district, for the year (insert year). 19...
24        Signed on (insert date). this .... day of ...., 19...
25        A ....  B ...., Chairman
26        C ....  D ...., Secretary
27        Community   College  Dist.  No.  ....,  ....  County  (or
28    Counties)

29        An amended certificate may  be  filed  by  the  community
30    college   board   within  10  days  of  receipt  of  official
31    notification from the county clerk  of  the  multiplier  that
32    will  be applied to assessed value of the taxable property of
33    the district, provided such multiplier will alter the  amount
 
SB745 Engrossed             -678-              LRB9101253EGfg
 1    of  revenue  received  by  the  district from either local or
 2    State sources.
 3        A failure by the board to file the certificate  with  the
 4    county  clerk  in  the  time  required  shall not vitiate the
 5    assessment.
 6    (Source: P.A. 85-1335; revised 10-20-98.)

 7        Section 108.  The Higher Education Student Assistance Act
 8    is amended by changing  Sections  35,  65.05,  and  65.30  as
 9    follows:

10        (110 ILCS 947/35)
11        Sec. 35. Monetary award program.
12        (a)  The   Commission   shall,  each  year,  receive  and
13    consider  applications  for  grant  assistance   under   this
14    Section.   Subject  to  a  separate  appropriation  for  such
15    purposes,  an  applicant  is  eligible for a grant under this
16    Section when the Commission finds that the applicant:
17             (1)  is a resident of this State and  a  citizen  or
18        permanent resident of the United States; and
19             (2)  in  the  absence  of  grant assistance, will be
20        deterred by financial considerations from  completing  an
21        educational  program  at the qualified institution of his
22        or her choice.
23        (b)  The Commission shall award renewals  only  upon  the
24    student's  application and upon the Commission's finding that
25    the applicant:
26             (1)  has remained a student in good standing;
27             (2)  remains a resident of this State; and
28             (3)  is in a financial situation that  continues  to
29        warrant assistance.
30        (c)  All  grants  shall be applicable only to tuition and
31    necessary fee costs for 2  semesters  or  3  quarters  in  an
32    academic  year.   Requests for summer term assistance will be
 
SB745 Engrossed             -679-              LRB9101253EGfg
 1    made separately and shall  be  considered  on  an  individual
 2    basis  according to Commission policy.  Subject to a separate
 3    appropriation for this purpose  beginning  with  fiscal  year
 4    2000,  each student who is awarded a grant under this Section
 5    and is enrolled in summer school classes  shall  be  eligible
 6    for  a  summer  school grant.  The summer school grant amount
 7    shall not exceed the lesser of  50  percent  of  the  maximum
 8    annual  grant amount authorized by this Section or the actual
 9    cost of tuition and fees at  the  institution  at  which  the
10    student  is  enrolled  at  least  half-time.  For the regular
11    academic year,  the  Commission  shall  determine  the  grant
12    amount  for each full-time and part-time student, which shall
13    be the smallest of the following amounts:
14             (1)  $4,320  for  2  semesters  or  3  quarters   of
15        full-time   undergraduate  enrollment  or  $2,160  for  2
16        semesters  or  3  quarters  of  part-time   undergraduate
17        enrollment, or such lesser amount as the Commission finds
18        to be available; or
19             (2)  the  amount  which  equals the 2 semesters or 3
20        quarters  tuition  and  other  necessary  fees   required
21        generally   by   the   institution   of   all   full-time
22        undergraduate  students,  or  in  the  case  of part-time
23        students an amount of tuition and fees for 2 semesters or
24        3 quarters which shall not exceed one-half the amount  of
25        tuition and necessary fees generally charged to full-time
26        undergraduate students by the institution; or
27             (3)  such  amount  as  the  Commission  finds  to be
28        appropriate  in  view  of   the   applicant's   financial
29        resources.
30    "Tuition  and  other  necessary fees" as used in this Section
31    include the customary  charge  for  instruction  and  use  of
32    facilities  in general, and the additional fixed fees charged
33    for specified  purposes,  which  are  required  generally  of
34    nongrant  recipients  for  each academic period for which the
 
SB745 Engrossed             -680-              LRB9101253EGfg
 1    grant applicant actually enrolls, but  do  not  include  fees
 2    payable  only  once  or  breakage  fees  and other contingent
 3    deposits which are refundable  in  whole  or  in  part.   The
 4    Commission  may prescribe, by rule not inconsistent with this
 5    Section, detailed provisions concerning  the  computation  of
 6    tuition and other necessary fees.
 7        (d)  No  applicant,  including  those presently receiving
 8    scholarship  assistance  under  this  Act,  is  eligible  for
 9    monetary award program consideration  under  this  Act  after
10    receiving  a  baccalaureate  degree  or  the equivalent of 10
11    semesters or 15 quarters of award payments.   The  Commission
12    shall  determine when award payments for part-time enrollment
13    or interim or summer terms shall  be  counted  as  a  partial
14    semester or quarter of payment.
15        (e)  The  Commission, in determining the number of grants
16    to be offered, shall take into consideration past  experience
17    with  the  rate  of grant funds unclaimed by recipients.  The
18    Commission shall notify applicants that grant  assistance  is
19    contingent upon the availability of appropriated funds.
20        (f)  The   Commission   may  request  appropriations  for
21    deposit into the Monetary Award Program Reserve Fund.  Monies
22    deposited into the Monetary Award Program Reserve Fund may be
23    expended exclusively for one purpose: to make Monetary  Award
24    Program  grants  to eligible students.  Amounts on deposit in
25    the Monetary Award Program Reserve Fund may not exceed 2%  of
26    the current annual State appropriation for the Monetary Award
27    Program.
28        The purpose of the Monetary Award Program Reserve Fund is
29    to enable the Commission each year to assure as many students
30    as possible of their eligibility for a Monetary Award Program
31    grant  and to do so before commencement of the academic year.
32    Moneys deposited in this Reserve Fund are intended to enhance
33    the Commission's management of the  Monetary  Award  Program,
34    minimizing   the   necessity,  magnitude,  and  frequency  of
 
SB745 Engrossed             -681-              LRB9101253EGfg
 1    adjusting award amounts and ensuring that the annual Monetary
 2    Award Program appropriation can be fully utilized.
 3        (g)  The Commission shall determine  the  eligibility  of
 4    and   make   grants   to  applicants  enrolled  at  qualified
 5    for-profit institutions in accordance with the  criteria  set
 6    forth   in  this  Section.   The  eligibility  of  applicants
 7    enrolled at such for-profit institutions shall be limited  as
 8    follows:
 9             (1)  Beginning  with the academic year 1997, only to
10        eligible  first-time  freshmen  and  first-time  transfer
11        students who have attained an associate degree.
12             (2)  Beginning with the academic year 1998, only  to
13        eligible  freshmen  students,  transfer students who have
14        attained an associate degree, and students who receive  a
15        grant  under paragraph (1) for the academic year 1997 and
16        whose grants are being  renewed  for  the  academic  year
17        1998.
18             (3)  Beginning  with  the academic year 1999, to all
19        eligible students.
20    (Source: P.A. 89-163, eff.  7-19-95;  89-330,  eff.  8-17-95;
21    89-512,  eff.  7-11-96;  89-626,  eff.  8-9-96;  90-122, eff.
22    7-17-97; 90-647, eff. 7-24-98; 90-769, eff. 8-14-98;  revised
23    9-16-98.)

24        (110 ILCS 947/65.05)
25        Sec.  65.05. Traineeship and fellowship program; training
26    of professional personnel.
27        (a)  The Commission, with  the  advice  of  the  Advisory
28    Council  on  Education  of Children with Disabilities created
29    under  Section  14-3.01  of  the  School   Code,   may   make
30    traineeship or fellowship grants to persons of good character
31    who  are  interested in working in programs for the education
32    of  children  with  disabilities,  for  either  part-time  or
33    full-time study in programs designed to  qualify  them  under
 
SB745 Engrossed             -682-              LRB9101253EGfg
 1    Section 14-1.10 of the School Code.  Persons to qualify for a
 2    traineeship  must  have  earned at least 60 semester hours of
 3    college credit, and persons to qualify for a fellowship  must
 4    be  graduates  of  a  recognized college or university.  Such
 5    traineeships and fellowships may be in amounts  of  not  more
 6    than  $1,500  per academic year for traineeships and not more
 7    than $3,000 per academic  year  for  fellowships,  except  an
 8    additional  sum up to $2,500 annually for each grantee may be
 9    allowed to any approved institution  of  higher  learning  in
10    Illinois for the actual cost to the institution, as certified
11    by  the  institution.   Part-time students and summer session
12    students may be awarded grants on  a  pro  rata  basis.   The
13    Commission   shall  make  traineeship  or  fellowship  grants
14    available to bilingual  individuals  who  are  interested  in
15    working  in  programs  for  the  education  of  children from
16    non-English speaking backgrounds,  for  either  part-time  or
17    full-time  study  programs  to  qualify  them  under  Section
18    14-1.10 of the School Code.
19        (b)  All grants shall be made under rules and regulations
20    prescribed by the Commission and issued pursuant to this Act;
21    provided  that no rule or regulation promulgated by the State
22    Board of Education prior to July  1,  1994  pursuant  to  the
23    exercise  of any right, power, duty, responsibility or matter
24    of pending business  transferred  from  the  State  Board  of
25    Education  to  the  Commission  under  this  Section shall be
26    affected thereby, and all such rules  and  regulations  shall
27    become  the  rules  and  regulations  of the Commission until
28    modified or changed by the Commission in accordance with law.
29        (c)  The  Commission,  with  the   advice   of   and   in
30    consultation  with the State Board of Education, may contract
31    with any approved institution of higher learning in  Illinois
32    to  offer  courses  required for the professional training of
33    special education personnel at such times  and  locations  as
34    may  best  serve  the  needs of children with disabilities in
 
SB745 Engrossed             -683-              LRB9101253EGfg
 1    Illinois and may reimburse the institution of higher learning
 2    for any financial  loss  incurred  due  to  low  enrollments,
 3    distance  from  campus,  or other good and substantial reason
 4    satisfactory to the Advisory Council on Education of Children
 5    with Disabilities.
 6        (d)  The Commission shall administer the traineeship  and
 7    fellowship  account  and related record of each person who is
 8    attending  an  institution  of  higher   learning   under   a
 9    traineeship  or  fellowship  awarded pursuant to this Section
10    and  at  each  proper  time  shall  certify  to   the   State
11    Comptroller  the  current payment to be made to the holder of
12    each  fellowship,   in   accordance   with   an   appropriate
13    certificate  of the holder of such fellowship endorsed by the
14    institution of higher  learning attended by the holder.
15        (e)  Following the completion of such  program  of  study
16    the  recipient  of such traineeship or fellowship is expected
17    to accept employment within one year in an  approved  program
18    of  special  education  for  children  with  disabilities  in
19    Illinois  on  the  basis  of  1/2  year  of  service for each
20    academic year of training received through a grant under this
21    Section.  Persons who fail to comply with this provision may,
22    at the discretion of the Commission with the  advice  of  the
23    Advisory  Council on Education of Children with Disabilities,
24    be required to refund all  or  part  of  the  traineeship  or
25    fellowship moneys received.
26        (f)  This  Section  is  substantially the same as Section
27    14-10.01 14A-10.01 of  the  School  Code,  which  Section  is
28    repealed  by  this  amendatory  Act  of  1993,  and  shall be
29    construed as a continuation of the traineeship and fellowship
30    program established by that prior law, and not as  a  new  or
31    different traineeship or fellowship program.  The State Board
32    of  Education  shall  transfer  to  the  Commission,  as  the
33    successor to the State Board of Education for all purposes of
34    administering   and   implementing  the  provisions  of  this
 
SB745 Engrossed             -684-              LRB9101253EGfg
 1    Section, all books,  accounts,  records,  papers,  documents,
 2    contracts,  agreements,  and  pending  business  in  any  way
 3    relating  to the traineeship and fellowship program continued
 4    under this Section; and all traineeship and fellowship grants
 5    at any time made under that program by, and all  applications
 6    for  any  such  traineeship  or fellowship grants at any time
 7    made to, the State Board of Education shall be unaffected  by
 8    the  transfer to the Commission of all responsibility for the
 9    administration and  implementation  of  the  traineeship  and
10    fellowship  program  continued under this Section.  The State
11    Board of Education shall furnish to the Commission such other
12    information as the Commission may request  to  assist  it  in
13    administering this Section.
14    (Source: P.A. 88-228; 89-397, eff. 8-20-95; revised 2-24-98.)

15        (110 ILCS 947/65.30)
16        Sec. 65.30.  Equal opportunity scholarships.
17        (a)  The  Commission  may  annually  award  a  number  of
18    scholarships  to  students  who  are  interested  in pursuing
19    studies in  educational  administration.   Such  scholarships
20    shall  be  issued  to  students  who  make application to the
21    Commission  and  who  agree  to  take  courses  at  qualified
22    institutions of higher  learning  that  will  allow  them  to
23    complete a degree in educational administration.
24        (b)  Scholarships  awarded  under  this  Section shall be
25    issued pursuant to regulations promulgated by the Commission;
26    provided that no rule or regulation promulgated by the  State
27    Board  of  Education  prior  to  the  effective  date of this
28    amendatory Act of 1993 pursuant to the exercise of any right,
29    power, duty, responsibility or  matter  of  pending  business
30    transferred   from  the  State  Board  of  Education  to  the
31    Commission under this Section shall be affected thereby,  and
32    all  such  rules  and  regulations shall become the rules and
33    regulations of the Commission until modified  or  changed  by
 
SB745 Engrossed             -685-              LRB9101253EGfg
 1    the Commission in accordance with law.
 2        (c)  Such  scholarships shall be utilized for the payment
 3    of  tuition  and  non-revenue  bond  fees  at  any  qualified
 4    institution of higher learning.  Such tuition and fees  shall
 5    only be available for courses that will enable the student to
 6    complete   training   in   educational  administration.   The
 7    Commission shall determine which  courses  are  eligible  for
 8    tuition payments under this Section.
 9        (d)  The Commission may make tuition payments directly to
10    the  qualified  institution  of  higher  learning  which  the
11    student  attends  for  the  courses  prescribed  or  may make
12    payments to the student.  Any student who  receives  payments
13    and  who  fails  to  enroll  in  the courses prescribed shall
14    refund the payments to the Commission.
15        (e)  The Commission, with the cooperation  of  the  State
16    Board   of   Education,   shall   assist  students  who  have
17    participated in the scholarship program established  by  this
18    Section  in  finding  employment  in  positions  relating  to
19    educational administration.
20        (f)  Appropriations for the scholarships outlined in this
21    Section   shall   be   made  to  the  Commission  from  funds
22    appropriated by the General Assembly.
23        (g)  This Section is substantially the  same  as  Section
24    30-4d  of  the School Code, which Section is repealed by this
25    amendatory  Act  of  1993,  and  shall  be  construed  as   a
26    continuation  of  the  equal  opportunity scholarship program
27    established under that  prior  law,  and  not  as  a  new  or
28    different  equal  opportunity scholarship program.  The State
29    Board of Education shall transfer to the Commission,  as  the
30    successor to the State Board of Education for all purposes of
31    administering    and  implementing  the  provisions  of  this
32    Section,  all  books,  accounts,  records, papers, documents,
33    contracts,  agreements,  and  pending  business  in  any  way
34    relating  to  the  equal  opportunity   scholarship   program
 
SB745 Engrossed             -686-              LRB9101253EGfg
 1    continued  under  this  Section;  and all scholarships at any
 2    time awarded under that program by, and all applications  for
 3    any  such scholarship at any time made to, the State Board of
 4    Education  shall  be  unaffected  by  the  transfer  to   the
 5    Commission  of  all responsibility for the administration and
 6    implementation of the equal opportunity  scholarship  program
 7    continued  under  this Section.  The State Board of Education
 8    shall furnish to the Commission such other information as the
 9    Commission may request to assist  it  in  administering  this
10    Section.
11        (h)  For purposes of this Section:
12             (1)  "Qualified   institution  of  higher  learning"
13        means  the  University  of  Illinois;  Southern  Illinois
14        University; Chicago State  University;  Eastern  Illinois
15        University;  Governors  State  University; Illinois State
16        University; Northeastern  Illinois  University;  Northern
17        Illinois  University;  Western  Illinois  University; the
18        public community colleges of the State; any other  public
19        universities,  colleges  and  community  colleges  now or
20        hereafter  established  or  authorized  by  the   General
21        Assembly;  and  any  Illinois privately operated, not for
22        profit institution located in this State  which  provides
23        at  least an organized 2-year program of collegiate grade
24        in liberal arts or sciences, or both, directly applicable
25        toward the attainment  of  a  baccalaureate  or  graduate
26        degree.
27             (2)  "Racial minority" means a:
28                  (i)  Black  (a  person having origins in any of
29             the black racial groups in Africa);
30                  (ii)  Hispanic  (a   person   of   Spanish   or
31             Portuguese  culture with origins in Mexico, South or
32             Central   America,   or   the   Caribbean   Islands,
33             regardless of race 1ace);
34                  (iii)  Asian American (a person having  origins
 
SB745 Engrossed             -687-              LRB9101253EGfg
 1             in  any  of  the  original  peoples of the Far East,
 2             Southeast  Asia,  the  Indian  Subcontinent  or  the
 3             Pacific Islands); or
 4                  (iv)  American  Indian  or  Alaskan  Native  (a
 5             person having origins in any of the original peoples
 6             of North America).
 7             (3)  "Student" means a woman or racial minority.
 8    (Source: P.A. 88-228; 89-4, eff. 1-1-96; revised 10-31-98.)

 9        Section 109.  The Illinois  Banking  Act  is  amended  by
10    changing Sections 30 and 60 as follows:

11        (205 ILCS 5/30) (from Ch. 17, par. 337)
12        Sec.  30.  Conversion;  merger  with  trust company. Upon
13    approval by the Commissioner a trust company having power  so
14    to  do  under the law under which it is organized may convert
15    into a  state  bank  or  may  merge  into  a  state  bank  as
16    prescribed  by  this  Act;  except that the action by a trust
17    company shall be taken in the manner prescribed by and  shall
18    be subject to limitations and requirements imposed by the law
19    under  which  it is organized which law shall also govern the
20    rights  of  its  dissenting  stockholders.  The   rights   of
21    dissenting  stockholders of a state bank shall be governed by
22    Section 29 of this Act. The conversion  or  merger  procedure
23    shall be:
24        (1)  In  the  case of a merger, the board of directors of
25    both the merging trust company and  the  merging  bank  by  a
26    majority  of  the  entire  board in each case shall approve a
27    merger agreement which shall contain:
28             (a)  The name and location of the merging  bank  and
29        of   the   merging  trust  company  and  a  list  of  the
30        stockholders of  each  as  of  the  date  of  the  merger
31        agreement;
32             (b)  With respect to the resulting bank (i) its name
 
SB745 Engrossed             -688-              LRB9101253EGfg
 1        and  place  of  business;  (ii)  the  amount  of capital,
 2        surplus and reserve for  operating  expenses;  (iii)  the
 3        classes  and  the  number  of shares of stock and the par
 4        value of each share; (iv) the charter which is to be  the
 5        charter   of   the  resulting  bank,  together  with  the
 6        amendments  to  the  continuing  charter   and   to   the
 7        continuing   by-laws;   and   (v)  a  detailed  financial
 8        statement showing the assets and  liabilities  after  the
 9        proposed merger;
10             (c)  Provisions  governing  the manner of converting
11        the shares of the merging bank and of the  merging  trust
12        company into shares of the resulting bank;
13             (d)  A   statement  that  the  merger  agreement  is
14        subject to  approval  by  the  Commissioner  and  by  the
15        stockholders  of  the  merging bank and the merging trust
16        company, and that whether approved  or  disapproved,  the
17        parties  thereto  will pay the Commissioner's expenses of
18        examination;
19             (e)  Provisions governing the manner of disposing of
20        the shares  of  the  resulting  bank  not  taken  by  the
21        dissenting stockholders of the merging trust company; and
22             (f)  Such  other  provisions as the Commissioner may
23        reasonably require to enable him to discharge his  duties
24        with respect to the merger.
25        (2)  After  approval  by  the  board  of directors of the
26    merging bank and of the merging  trust  company,  the  merger
27    agreement shall be submitted to the Commissioner for approval
28    together   with  the  certified  copies  of  the  authorizing
29    resolution of each board of directors showing approval  by  a
30    majority of each board.
31        (3)  After  receipt  by  the  Commissioner  of the papers
32    specified in subsection (2), he shall approve  or  disapprove
33    the  merger agreement. The Commissioner shall not approve the
34    agreement unless he shall be of the opinion and finds:
 
SB745 Engrossed             -689-              LRB9101253EGfg
 1             (a)  That the resulting bank meets the  requirements
 2        of  this  Act  for  the  formation  of  a new bank at the
 3        proposed place of business of the resulting bank;
 4             (b)  That the same matters exist in respect  of  the
 5        resulting  bank  which  would  have  been  required under
 6        Section 10 of this Act for  the  organization  of  a  new
 7        bank; and
 8             (c)  That  the  merger  agreement  is  fair  to  all
 9        persons  affected.  If  the  Commissioner disapproves the
10        merger  agreement,  he  shall  state  his  objections  in
11        writing and give an opportunity to the merging  bank  and
12        the merging trust company to obviate such objections.
13        (4)  To  be effective, if approved by the Commissioner, a
14    merger of a bank and a trust company where there is to  be  a
15    resulting  bank  must  be approved by the affirmative vote of
16    the holders of at least two-thirds of the outstanding  shares
17    of  stock  of  the merging bank entitled to vote at a meeting
18    called to consider such action, unless holders  of  preferred
19    stock  are entitled to vote as a class in respect thereof, in
20    which  event  the  proposed  merger  shall  be  adopted  upon
21    receiving the affirmative vote of the  holders  of  at  least
22    two-thirds  of the outstanding shares of each class of shares
23    entitled to vote as a class in respect  thereof  and  of  the
24    total outstanding shares entitled to vote at such meeting and
25    must  be  approved  by  the stockholders of the merging trust
26    company as provided by the Act under which it  is  organized.
27    The prescribed vote by the merging bank and the merging trust
28    company  shall  constitute  the  adoption  of the charter and
29    by-laws of the continuing bank, including the  amendments  in
30    the  merger  agreement,  as  the  charter  and by-laws of the
31    resulting bank. Written or printed notice of the  meeting  of
32    the  stockholders  of the merging bank shall be given to each
33    stockholder of record entitled to vote  at  such  meeting  at
34    least  thirty  days  before  such  meeting  and in the manner
 
SB745 Engrossed             -690-              LRB9101253EGfg
 1    provided in this Act for the giving of notice of meetings  of
 2    stockholders.   The   notice   shall  state  that  dissenting
 3    stockholders of the merging trust company will be entitled to
 4    payment of the value of those shares which are voted  against
 5    approval  of  the  merger,  if a proper demand is made on the
 6    resulting bank and the requirements of the  Act  under  which
 7    the merging trust company is organized are satisfied.;
 8        (5)  Unless  a  later  date  is  specified  in the merger
 9    agreement, the merger shall become effective upon the  filing
10    with  the  Commissioner  of  the  executed  merger agreement,
11    together with copies of the resolutions of  the  stockholders
12    of  the  merging bank and the merging trust company approving
13    it, certified by the president or a  vice-president  or,  the
14    cashier  and  also  by the secretary or other officer charged
15    with keeping the records. The charter of  the  merging  trust
16    company   shall   thereupon   automatically   terminate.  The
17    Commissioner shall thereupon issue to the continuing  bank  a
18    certificate  of  merger  which  shall specify the name of the
19    merging trust company, the name of the  continuing  bank  and
20    the amendments to the charter of the continuing bank provided
21    for  by  the  merger  agreement.  Such  certificate  shall be
22    conclusive evidence of the merger and of the  correctness  of
23    all  proceedings  therefor in all courts and places including
24    the office of the Secretary of State,  and  said  certificate
25    shall be recorded.
26        (6)  In  the  case of a conversion, a trust company shall
27    apply for a charter by filing with the Commissioner:
28             (a)  A certificate signed by  its  president,  or  a
29        vice-president,  and by a majority of the entire board of
30        directors setting forth the  corporate  action  taken  in
31        compliance  with the provisions of the Act under which it
32        is organized governing the conversion of a trust  company
33        to a bank or governing the merger of a trust company into
34        another corporation;
 
SB745 Engrossed             -691-              LRB9101253EGfg
 1             (b)  The   plan  of  conversion   and  the  proposed
 2        charter approved by the stockholders for the operation of
 3        the trust company as a bank. The plan of conversion shall
 4        contain (i)  the  name  and  location  proposed  for  the
 5        converting trust company; (ii) a list of its stockholders
 6        as  of the date of the stockholders' approval of the plan
 7        of conversion; (iii) the amount of its  capital,  surplus
 8        and  reserve for operating expenses; (iv) the classes and
 9        the number of shares of stock and the par value  of  each
10        share;  (v) the charter which is to be the charter of the
11        resulting bank; and (vi) a detailed  financial  statement
12        showing  the  assets  and  liabilities  of the converting
13        trust company;
14             (c)  A statement that  the  plan  of  conversion  is
15        subject to approval by the Commissioner and that, whether
16        approved  or  disapproved,  the  converting trust company
17        will pay the Commissioner's expenses of examination; and
18             (d)  Such other instruments as the Commissioner  may
19        reasonably  require to enable him to discharge his duties
20        with respect to the conversion.
21        (7)  After receipt by  the  Commissioner  of  the  papers
22    specified  in  subsection (6), he shall approve or disapprove
23    the plan of conversion. The Commissioner  shall  not  approve
24    the  plan of conversion unless he shall be of the opinion and
25    finds:
26             (a)  That the resulting bank meets the  requirements
27        of  this  Act  for  the  formation  of  a new bank at the
28        proposed place of business of the resulting bank;
29             (b)  That the same matters exist in respect  of  the
30        resulting  bank  which  would  have  been  required under
31        Section 10 of this Act for  the  organization  of  a  new
32        bank; and
33             (c)  That  the  plan  of  conversion  is fair to all
34        persons affected.
 
SB745 Engrossed             -692-              LRB9101253EGfg
 1        If the commissioner disapproves the plan  of  conversion,
 2    he  shall  state  his  objections  in  writing  and  give  an
 3    opportunity  to  the converting trust company to obviate such
 4    objections.
 5        (8)  Unless a later date is  specified  in  the  plan  of
 6    conversion,  the  conversion  shall become effective upon the
 7    Commissioner's approval, and the charter proposed in the plan
 8    of conversion shall constitute the charter of  the  resulting
 9    bank.   The   Commissioner   shall  issue  a  certificate  of
10    conversion which shall specify the  name  of  the  converting
11    trust company, the name of the resulting bank and the charter
12    provided  for  by  said  plan of conversion. Such certificate
13    shall be conclusive evidence of the  conversion  and  of  the
14    correctness  of  all  proceedings  therefor in all courts and
15    places including the office of the Secretary  of  State,  and
16    such certificate shall be recorded.
17        (9)  In the case of either a merger or a conversion under
18    this  Section  30, the resulting bank shall be considered the
19    same business and corporate entity as each merging  bank  and
20    merging trust company or as the converting trust company with
21    all  the  property, rights, powers, duties and obligations of
22    each as specified in Section 28 of this Act.
23    (Source: P.A. 89-541, eff. 7-19-96; revised 10-31-98.)

24        (205 ILCS 5/60) (from Ch. 17, par. 372)
25        Sec. 60.  Receiver's  powers;  duties.   Other  than  the
26    Federal Deposit Insurance Corporation, which shall derive its
27    powers and perform its duties pursuant to the Federal Deposit
28    Insurance  Act  and  regulations  promulgated thereunder, the
29    receiver for  a  state  bank,  under  the  direction  of  the
30    Commissioner,  shall  have  the  power  and  authority and is
31    charged with the duties and responsibilities as follows:
32        (1)  He or she shall take  possession  of,  and  for  the
33    purpose  of the receivership, the title to the books, records
 
SB745 Engrossed             -693-              LRB9101253EGfg
 1    and assets of every description of the bank.
 2        (2)  He or she shall proceed to collect all  debts,  dues
 3    and claims belonging to the bank.
 4        (3)  He or she shall file with the Commissioner a copy of
 5    each  report  which he makes to the court, together with such
 6    other reports and records as the Commissioner may require.
 7        (4)  He or she shall have authority to sue and defend  in
 8    his  or  her  own  name  with respect to the affairs, assets,
 9    claims, debts, and choses chooses in action of the bank.
10        (5)  He or she shall have authority, and it shall be  his
11    or her duty, to surrender to the customers of such bank their
12    private  papers  and  valuables  left with the bank banks for
13    safekeeping, upon satisfactory proof of ownership.
14        (6)  He or she shall have authority  to  redeem  or  take
15    down  collateral hypothecated by the bank to secure its notes
16    or other evidence of indebtedness whenever  the  Commissioner
17    deems it to the best interest of the creditors of the bank so
18    to do.
19        (7)  Whenever he or she shall find it necessary in his or
20    her  opinion to use and employ money of the bank, in order to
21    protect fully and  benefit  the  bank,  by  the  purchase  or
22    redemption  of  any  property, real or personal, in which the
23    bank may have any rights by reason  of  any  bond,  mortgage,
24    assignment, or other claim thereto, he or she may certify the
25    facts  together  with  his or her opinions as to the value of
26    the property involved, and the value of the equity  the  bank
27    may have in the property to the Commissioner, together with a
28    request for the right and authority to use and employ so much
29    of  the money of the bank as may be necessary to purchase the
30    property, or to redeem the same from a sale if  there  was  a
31    sale, and if such request is granted, the receiver may use so
32    much  of  the  money of the bank as the Commissioner may have
33    authorized to purchase the property at such sale.
34        (8)  He or she shall deposit daily all  monies  collected
 
SB745 Engrossed             -694-              LRB9101253EGfg
 1    by  him  or her in any state or national bank selected by the
 2    Commissioner, who may require (and the bank so  selected  may
 3    furnish)   of  such  depository  satisfactory  securities  or
 4    satisfactory surety  bond  for  the  safekeeping  and  prompt
 5    payment  of  the  money  so deposited.  The deposits shall be
 6    made in the name of the Commissioner in trust  for  the  bank
 7    and  be  subject  to withdrawal upon his or her order or upon
 8    the order of such persons as the Commissioner may  designate.
 9    Such   monies  may  be  deposited  without  interest,  unless
10    otherwise agreed.  However, if any interest was paid by  such
11    depository,  it shall accrue to the benefit of the particular
12    trust to which the deposit belongs.
13        (9)  He or she shall do such things and take  such  steps
14    from  time  to  time  under the direction and approval of the
15    Commissioner as may reasonably  appear  to  be  necessary  to
16    conserve  the  bank's assets and secure the best interests of
17    the creditors of the bank.
18        (10)  He or she shall record any judgment of  dissolution
19    entered  in a dissolution proceeding and thereupon deliver to
20    the Commissioner a certified copy thereof, together with  all
21    books of accounts and ledgers of such bank for preservation.
22    (Source: P.A. 89-364, eff. 8-18-95; revised 2-24-98.)

23        Section 110.  The Savings Bank Act is amended by changing
24    Section 1008 as follows:

25        (205 ILCS 205/1008) (from Ch. 17, par. 7301-8)
26        Sec. 1008. General corporate powers.
27        (a)  A  savings  bank operating under this Act shall be a
28    body corporate and politic and shall have all of the specific
29    powers conferred by this Act and  in  addition  thereto,  the
30    following general powers:
31             (1)  To sue and be sued, complain, and defend in its
32        corporate  name  and  to have a common seal, which it may
 
SB745 Engrossed             -695-              LRB9101253EGfg
 1        alter or renew at pleasure.
 2             (2)  To obtain and maintain insurance by  a  deposit
 3        insurance corporation as defined in this Act.
 4             (3)  To act as a fiscal agent for the United States,
 5        the  State of Illinois or any department, branch, arm, or
 6        agency of the State or any unit of  local  government  or
 7        school  district  in  the State, when duly designated for
 8        that  purpose,  and  as  agent  to   perform   reasonable
 9        functions as may be required of it.
10             (4)  To   become  a  member  of  or  deal  with  any
11        corporation or agency of the United States or  the  State
12        of  Illinois,  to  the  extent that the agency assists in
13        furthering or facilitating its purposes or powers and  to
14        that  end  to  purchase  stock  or  securities thereof or
15        deposit money therewith, and to  comply  with  any  other
16        conditions of membership or credit.
17             (5)  To make donations in reasonable amounts for the
18        public  welfare or for charitable, scientific, religious,
19        or educational purposes.
20             (6)  To  adopt  and  operate  reasonable  insurance,
21        bonus, profit sharing, and retirement plans for  officers
22        and  employees  and  for  directors  including,  but  not
23        limited  to,  advisory, honorary, and emeritus directors,
24        who are not officers or employees.
25             (7)  To reject any application  for  membership;  to
26        retire   deposit   accounts  by  enforced  retirement  as
27        provided in this Act and the bylaws;  and  to  limit  the
28        issuance  of,  or payments on, deposit accounts, subject,
29        however, to contractual obligations.
30             (8)  To purchase stock in service  corporations  and
31        to  invest  in  any  form  of indebtedness of any service
32        corporation  as  defined  in   this   Act,   subject   to
33        regulations of the Commissioner.
34             (9)  To   purchase  stock  of  a  corporation  whose
 
SB745 Engrossed             -696-              LRB9101253EGfg
 1        principal purpose is to operate a safe deposit company or
 2        escrow service company.
 3             (10)  To  exercise  all  the  powers  necessary   to
 4        qualify  as a trustee or custodian under federal or State
 5        law, provided that the authority to  accept  and  execute
 6        trusts  is  subject  to  the  provisions of the Corporate
 7        Fiduciary Act and to the supervision of those  activities
 8        by the Commissioner of Banks and Real Estate.
 9             (11)  (Blank).
10             (12)  To  establish, maintain, and operate terminals
11        as authorized by the Electronic Fund Transfer  Act.   The
12        establishment,  maintenance,  operation,  and location of
13        those terminals shall be subject to the approval  of  the
14        Commissioner.
15             (13)  To pledge its assets:
16                  (A)  to  enable it to act as agent for the sale
17             of obligations of the United States;
18                  (B)  to secure deposits;
19                  (C)  to  secure  deposits  of  money   whenever
20             required by the National Bankruptcy Act;
21                  (D)  to   qualify  under  Section  2-9  of  the
22             Corporate Fiduciary Act; and
23                  (E)  to secure trust funds commingled with  the
24             savings  bank's  funds,  whether  deposited  by  the
25             savings bank or an affiliate of the savings bank, as
26             required   under   Section   2-8  of  the  Corporate
27             Fiduciary Act.
28             (14)  To accept for payment at a future date not  to
29        exceed one year from the date of acceptance, drafts drawn
30        upon  it  by  its  customers;  and  to  issue, advise, or
31        confirm letters of credit authorizing holders thereof  to
32        draw drafts upon it or its correspondents.
33             (15)  Subject    to    the    regulations   of   the
34        Commissioner, to own and lease personal property acquired
 
SB745 Engrossed             -697-              LRB9101253EGfg
 1        by the savings bank  at  the  request  of  a  prospective
 2        lessee  and,  upon the agreement of that person, to lease
 3        the personal property.
 4             (16)  To establish temporary service booths  at  any
 5        International  Fair in this State that is approved by the
 6        United States Department of Commerce for the duration  of
 7        the  international  fair  for  the purpose of providing a
 8        convenient place for foreign trade customers to  exchange
 9        their   home   countries'  currency  into  United  States
10        currency or the converse.  To provide temporary  periodic
11        service  to persons residing in a bona fide nursing home,
12        senior  citizens'  retirement  home,  or  long-term  care
13        facility.   These  powers  shall  not  be  construed   as
14        establishing  a  new  place or change of location for the
15        savings bank providing the service booth.
16             (17)  To   indemnify   its   officers,    directors,
17        employees,  and  agents,  as  authorized for corporations
18        under Section 8.75 of the Business  Corporations  Act  of
19        1983.
20             (18)  To  provide data processing services to others
21        on a for-profit basis.
22             (19)  To  utilize  any  electronic   technology   to
23        provide customers with home banking services.
24             (20)  Subject    to    the    regulations   of   the
25        Commissioner, to enter into an  agreement  to  act  as  a
26        surety.
27             (21)  Subject    to    the    regulations   of   the
28        Commissioner,  to  issue  credit  cards,  extend   credit
29        therewith,  and  otherwise  engage  in  or participate in
30        credit card operations.
31             (22)  To purchase for  its  own  account  shares  of
32        stock  of  a bankers' bank, described in Section 13(b)(1)
33        of the Illinois  Banking  Act,  on  the  same  terms  and
34        conditions  as  a  bank  may purchase such shares.  In no
 
SB745 Engrossed             -698-              LRB9101253EGfg
 1        event shall the total amount of  such  stock  held  by  a
 2        savings  bank  in  such  bankers'  bank exceed 10% of its
 3        capital and surplus (including undivided profits) and  in
 4        no event shall a savings bank acquire more than 5% of any
 5        class of voting securities of such bankers' bank.
 6             (23)  With respect to affiliate facilities:
 7                  (A)  to  conduct at affiliate facilities any of
 8             the following transactions for and on behalf of  any
 9             affiliated  depository institution, if so authorized
10             by the affiliate or affiliates: receiving  deposits;
11             renewing   deposits;  cashing  and  issuing  checks,
12             drafts, money orders, travelers checks,  or  similar
13             instruments;  changing  money; receiving payments on
14             existing indebtedness;  and  conducting  ministerial
15             functions   with   respect   to  loan  applications,
16             servicing  loans,   and   providing   loan   account
17             information; and
18                  (B)  to   authorize  an  affiliated  depository
19             institution to conduct for and on behalf of it,  any
20             of the transactions listed in this subsection at one
21             or more affiliate facilities.
22             A  savings bank intending to conduct or to authorize
23        an affiliated depository institution  to  conduct  at  an
24        affiliate  facility  any of the transactions specified in
25        this  subsection  shall  give  written  notice   to   the
26        Commissioner at least 30 days before any such transaction
27        is conducted at an affiliate facility.  All conduct under
28        this  subsection  shall  be on terms consistent with safe
29        and sound banking practices and applicable law.
30             (24)  Subject  to  Article  XLIV  of  the   Illinois
31        Insurance  Code,  to act as the agent for any fire, life,
32        or other insurance company authorized  by  the  State  of
33        Illinois,   by   soliciting  and  selling  insurance  and
34        collecting premiums on policies issued by  such  company;
 
SB745 Engrossed             -699-              LRB9101253EGfg
 1        and  may  receive  for  services so rendered such fees or
 2        commissions as  may  be  agreed  upon  between  the  said
 3        savings  bank  and the insurance company for which it may
 4        act as agent; provided, however,  that  no  such  savings
 5        bank shall in any case assume or guarantee the payment of
 6        any  premium  on  insurance  policies  issued through its
 7        agency by its principal; and provided further,  that  the
 8        savings  bank  shall  not  guarantee  the  truth  of  any
 9        statement  made  by an assured in filing his  application
10        for insurance.
11             (25)  To become a member of the  Federal  Home  Loan
12        Bank  and  to  have  the  powers  granted  to  a  savings
13        association organized under the Illinois Savings and Loan
14        Act  of 1985 or the laws of the United States, subject to
15        regulations of the Commissioner.
16             (26)  To offer any product or service that is at the
17        time authorized or permitted to a bank by applicable law,
18        but  subject  always  to   the   same   limitations   and
19        restrictions  that  are  applicable  to  the bank for the
20        product or service by such applicable law and subject  to
21        the  applicable  provisions of the Financial Institutions
22        Insurance Sales Law and rules of the Commissioner.
23        (b)  If this Act or the regulations  adopted  under  this
24    Act fail to provide specific guidance in matters of corporate
25    governance, the provisions of the Business Corporation Act of
26    1983 may be used.
27    (Source:  P.A.  89-74,  eff.  6-30-95;  89-310,  eff. 1-1-96;
28    89-317, eff. 8-11-95;  89-355,  eff.  8-17-95;  89-508,  eff.
29    7-3-96; 89-603, eff. 8-2-96; 89-626, eff. 8-9-96; 90-14, eff.
30    7-1-97;  90-41,  eff.  10-1-97; 90-270, eff. 7-30-97; 90-301,
31    eff. 8-1-97; 90-655,  eff.  7-30-98;  90-665,  eff.  7-30-98;
32    revised 10-31-98.)

33        Section 111.  The Illinois Credit Union Act is amended by
 
SB745 Engrossed             -700-              LRB9101253EGfg
 1    changing Section 8 as follows:

 2        (205 ILCS 305/8) (from Ch. 17, par. 4409)
 3        Sec.  8.  Director's powers and duties. Credit unions are
 4    regulated by the Department. The Director, in  executing  the
 5    powers  and  discharging  the  duties  vested  by  law in the
 6    Department has the following powers and duties:
 7        (1)  To exercise the rights, powers and duties set  forth
 8    in this Act or any related Act.;
 9        (2)  To   prescribe   rules   and   regulations  for  the
10    administration of this Act. The provisions of  "the  Illinois
11    Administrative  Procedure  Act", as now or hereafter amended,
12    are hereby  expressly  adopted  and  incorporated  herein  as
13    though   a   part  of  this  Act,  and  shall  apply  to  all
14    administrative rules and procedures of the  Department  under
15    this Act.;
16        (3)  To  direct  and supervise all the administrative and
17    technical  activities  of  the   Department   including   the
18    employment  of  a  Credit  Union  Supervisor  who  shall have
19    knowledge in the theory and practice of,  or  experience  in,
20    the  operations  or  supervision  of  financial institutions,
21    preferably credit unions,  and  such  other  persons  as  are
22    necessary to carry out his functions.;
23        (4)  To issue cease and desist orders when in the opinion
24    of the Director, a credit union is engaged or has engaged, or
25    the Director has reasonable cause to believe the credit union
26    is  about  to engage, in an unsafe or unsound practice, or is
27    violating or has violated  or  the  Director  has  reasonable
28    cause  to  believe  is  about  to  violate  a  law,  rule  or
29    regulation  or  any  condition  imposed  in  writing  by  the
30    Department.;
31        (5)  To  suspend from office and to prohibit from further
32    participation in any manner in the conduct of the affairs  of
33    his  credit  union  any director, officer or committee member
 
SB745 Engrossed             -701-              LRB9101253EGfg
 1    who has committed any violation of a law, rule, regulation or
 2    of  a  cease  and  desist  order  or  who  has   engaged   or
 3    participated  in any unsafe or unsound practice in connection
 4    with the credit union or who has committed or engaged in  any
 5    act,  omission, or practice which constitutes a breach of his
 6    fiduciary duty as such director, officer or committee member,
 7    when the Director has determined that such action or  actions
 8    have resulted or will result in substantial financial loss or
 9    other  damage  that seriously prejudices the interests of the
10    members.;
11        (6)  Except for the fees  established  in  this  Act,  to
12    prescribe,  by  rule  and regulation, fees for filing reports
13    and other documents, furnishing transcripts, holding hearings
14    and investigating applications for permission to organize.;
15        (7)  To destroy, in his discretion, any or all books  and
16    records  of  any  credit union in his possession or under his
17    control after the expiration of three years from the date  of
18    cancellation of the charter of such credit unions.;
19        (8)  To  make  investigations and to conduct research and
20    studies and to publish some of the  problems  of  persons  in
21    obtaining  credit  at reasonable rates of interest and of the
22    methods and benefits of cooperative saving  and  lending  for
23    such persons.;
24        (9)  To  authorize,  foster  or  establish  experimental,
25    developmental,  demonstration  or pilot projects by public or
26    private organizations including credit unions which:
27             (a)  promote  more  effective  operation  of  credit
28        unions so as to provide members an opportunity to use and
29        control their own money to  improve  their  economic  and
30        social conditions; or
31             (b)  are  in  the  best  interests of credit unions,
32        their members and the people of the State of Illinois.
33        (10)  To  cooperate  in  studies,   training   or   other
34    administrative activities with, but not limited to, the NCUA,
 
SB745 Engrossed             -702-              LRB9101253EGfg
 1    other  state  credit  union  regulatory agencies and industry
 2    trade associations in order to  promote  more  effective  and
 3    efficient supervision of Illinois chartered credit unions.
 4    (Source: P.A. 88-570, eff. 8-5-94; revised 10-31-98.)

 5        Section 112.  The Alternative Health Care Delivery Act is
 6    amended by changing Section 35 as follows:

 7        (210 ILCS 3/35)
 8        Sec.  35.   Alternative  health  care  models authorized.
 9    Notwithstanding any other law to  the  contrary,  alternative
10    health   care   models  described  in  this  Section  may  be
11    established on a demonstration basis.
12             (1)  Alternative health care  model;  subacute  care
13        hospital.   A subacute care hospital is a designated site
14        which provides medical specialty care  for  patients  who
15        need  a  greater  intensity  or  complexity  of care than
16        generally provided in a skilled nursing facility but  who
17        no longer require acute hospital care. The average length
18        of  stay  for patients treated in subacute care hospitals
19        shall not be  less  than  20  days,  and  for  individual
20        patients,  the  expected  length  of  stay at the time of
21        admission shall not be less  than  10  days.   Variations
22        from  minimum  lengths  of  stay shall be reported to the
23        Department.  There shall be no more than 13 subacute care
24        hospitals  authorized  to  operate  by  the   Department.
25        Subacute  care includes physician supervision, registered
26        nursing, and  physiological  monitoring  on  a  continual
27        basis.  A subacute care hospital is either a freestanding
28        building or a distinct physical  and  operational  entity
29        within  a  hospital or nursing home building.  A subacute
30        care  hospital  shall  only  consist  of  beds  currently
31        existing  in  licensed  hospitals  or   skilled   nursing
32        facilities,   except,  in  the  City  of  Chicago,  on  a
 
SB745 Engrossed             -703-              LRB9101253EGfg
 1        designated site that was licensed as a hospital under the
 2        Illinois Hospital  Licensing  Act  within  the  10  years
 3        immediately  before  the  application  for an alternative
 4        health care model license. During the period of operation
 5        of the demonstration project, the existing licensed  beds
 6        shall  remain  licensed  as  hospital  or skilled nursing
 7        facility beds as well as being licensed under  this  Act.
 8        In  order  to handle cases of complications, emergencies,
 9        or exigent circumstances, a subacute care hospital  shall
10        maintain a contractual relationship, including a transfer
11        agreement,  with  a  general  acute  care hospital.  If a
12        subacute care model is located in a  general  acute  care
13        hospital,  it  shall  utilize all or a portion of the bed
14        capacity of that existing hospital.  In no event shall  a
15        subacute  care  hospital  use  the word "hospital" in its
16        advertising or marketing activities or represent or  hold
17        itself  out  to  the  public  as  a  general  acute  care
18        hospital.
19             (2)  Alternative   health   care   delivery   model;
20        postsurgical   recovery   care  center.   A  postsurgical
21        recovery care center is a designated site which  provides
22        postsurgical recovery care for generally healthy patients
23        undergoing  surgical  procedures  that  require overnight
24        nursing care, pain control,  or  observation  that  would
25        otherwise   be  provided  in  an  inpatient  setting.   A
26        postsurgical recovery care center is either  freestanding
27        or  a  defined  unit  of an ambulatory surgical treatment
28        center  or  hospital.  No  facility,  or  portion  of   a
29        facility, may participate in a demonstration program as a
30        postsurgical recovery care center unless the facility has
31        been  licensed as an ambulatory surgical treatment center
32        or hospital for at least 2 years before August  20,  1993
33        (the  effective  date of Public Act 88-441).  The maximum
34        length of stay for patients in  a  postsurgical  recovery
 
SB745 Engrossed             -704-              LRB9101253EGfg
 1        care center is not to exceed 48 hours unless the treating
 2        physician requests an extension of time from the recovery
 3        center's  medical  director  on  the  basis of medical or
 4        clinical documentation that an additional care period  is
 5        required  for  the  recovery of a patient and the medical
 6        director approves the extension of  time.   In  no  case,
 7        however,   shall   a   patient's  length  of  stay  in  a
 8        postsurgical recovery  care  center  be  longer  than  72
 9        hours.  If  a  patient requires an additional care period
10        after the expiration of the 72-hour  limit,  the  patient
11        shall be transferred to an appropriate facility.  Reports
12        on  variances from the 48-hour limit shall be sent to the
13        Department for its evaluation.  The reports shall, before
14        submission to the Department, have removed from them  all
15        patient  and  physician  identifiers.  In order to handle
16        cases   of   complications,   emergencies,   or   exigent
17        circumstances, every postsurgical recovery care center as
18        defined in this paragraph shall  maintain  a  contractual
19        relationship,  including  a  transfer  agreement,  with a
20        general acute care  hospital.   A  postsurgical  recovery
21        care   center   shall  be  no  larger  than  20  beds.  A
22        postsurgical recovery care center shall be located within
23        15 minutes  travel  time  from  the  general  acute  care
24        hospital  with  which  the center maintains a contractual
25        relationship, including a transfer agreement, as required
26        under this paragraph.
27             No   postsurgical   recovery   care   center   shall
28        discriminate  against  any  patient  requiring  treatment
29        because of the source of payment for services,  including
30        Medicare and Medicaid recipients.
31             The  Department  shall  adopt rules to implement the
32        provisions of Public Act 88-441  concerning  postsurgical
33        recovery  care  centers  within 9 months after August 20,
34        1993.
 
SB745 Engrossed             -705-              LRB9101253EGfg
 1             (3)  Alternative   health   care   delivery   model;
 2        children's respite care center.  A children's  childrens'
 3        respite  care  center  model  is  a  designated site that
 4        provides respite  for  medically  frail,  technologically
 5        dependent,  clinically stable children, up to age 18, for
 6        a period of one to 14 days.  This care is to be  provided
 7        in  a  home-like  environment that serves no more than 10
 8        children  at  a  time.  Children's  respite  care  center
 9        services must be available  through  the   model  to  all
10        families,  including those whose care is paid for through
11        the Illinois Department of Public  Aid  or  the  Illinois
12        Department of Children and Family Services.  Each respite
13        care  model  location  shall  be  a  facility  physically
14        separate  and  apart  from any other facility licensed by
15        the Department of Public Health under this or  any  other
16        Act  and  shall  provide,  at  a  minimum,  the following
17        services: out-of-home  respite  care;  hospital  to  home
18        training   for   families   and  caregivers;  short  term
19        transitional care to facilitate  placement  and  training
20        for  foster  care  parents;  parent  and  family  support
21        groups.
22        Coverage  for  the  services  provided  by  the  Illinois
23    Department   of  Public  Aid  under  this  paragraph  (3)  is
24    contingent upon federal waiver approval and is provided  only
25    to  Medicaid  eligible  clients participating in the home and
26    community based services waiver designated in Section 1915(c)
27    of  the  Social  Security  Act  for   medically   frail   and
28    technologically dependent children.
29    (Source:  P.A.  88-441; 88-490; 88-670, eff. 12-2-94; 89-393,
30    eff. 8-20-95; revised 10-31-98.)

31        Section 113.  The Illinois Clinical Laboratory and  Blood
32    Bank Act is amended by changing Section 7-101 as follows:
 
SB745 Engrossed             -706-              LRB9101253EGfg
 1        (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
 2        Sec.   7-101.   Examination   of  specimens.  A  clinical
 3    laboratory shall examine specimens only at the request of (i)
 4    a licensed  physician,  (ii)  a  licensed  dentist,  (iii)  a
 5    licensed  podiatrist,  (iv)  a  therapeutic  optometrist  for
 6    diagnostic  or  therapeutic  purposes  related  to the use of
 7    diagnostic  topical  or  therapeutic  ocular   pharmaceutical
 8    agents, as defined in subsections (c) and (d) of Section 15.1
 9    of  the  Illinois  Optometric  Practice  Act  of 1987,  (v) a
10    licensed physician assistant in accordance with  the  written
11    guidelines  required  under  subdivision (3) of Section 4 and
12    under Section 7.5 of the Physician Assistant Practice Act  of
13    1987,    (v-A)  an advanced practice nurse in accordance with
14    the written collaborative agreement  required  under  Section
15    15-15  of  the  Nursing and Advanced Practice Nursing Act, or
16    (vi) an authorized law enforcement agency or, in the case  of
17    blood  alcohol, at the request of the individual for whom the
18    test is to be performed in compliance  with  Sections  11-501
19    and  11-501.1  of the Illinois Vehicle Code.   If the request
20    to a laboratory is oral, the physician  or  other  authorized
21    person  shall  submit  a  written  request  to the laboratory
22    within 48 hours.  If the  laboratory  does  not  receive  the
23    written  request  within that period, it shall note that fact
24    in its records.  For purposes of this Section, a request made
25    by electronic mail or fax constitutes a written request.
26    (Source: P.A. 90-116,  eff.  7-14-97;  90-322,  eff.  1-1-98;
27    90-655,  eff.  7-30-98;  90-666,  eff.  7-30-98; 90-742, eff.
28    8-13-98; revised 9-21-98.)

29        Section 114.  The Nursing Home Care  Act  is  amended  by
30    changing Sections 3-113 and 3-401 as follows:

31        (210 ILCS 45/3-113) (from Ch. 111 1/2, par. 4153-113)
32        Sec.  3-113.  The license granted to the transferee shall
 
SB745 Engrossed             -707-              LRB9101253EGfg
 1    be subject  to  the  plan  of  correction  submitted  by  the
 2    previous  owner  and  approved  by  the  Department  and  any
 3    conditions  contained  in a conditional license issued to the
 4    previous owner.  If there are outstanding violations  and  no
 5    approved   plan  of  correction  has  been  implemented,  the
 6    Department may  issue  a  conditional  license  and  plan  of
 7    correction  as  provided  in  Sections  Section 3-311 through
 8    3-317.
 9    (Source: P.A. 81-223; revised 2-24-98.)

10        (210 ILCS 45/3-401) (from Ch. 111 1/2, par. 4153-401)
11        Sec. 3-401.  A facility  may  involuntarily  transfer  or
12    discharge  a  resident  only for one or more of the following
13    reasons:
14             (a)  for medical reasons;
15             (b)  for the resident's physical safety;
16             (c)  for the physical safety of other residents, the
17        facility staff or facility visitors; or
18             (d)  for either late payment or nonpayment  for  the
19        resident's  stay,  except  as  prohibited by Titles Title
20        XVIII and XIX of the federal Social  Security  Act.   For
21        purposes   of   this   Section,   "late   payment"  means
22        non-receipt of payment after submission of  a  bill.   If
23        payment  is  not received within 45 days after submission
24        of a bill, a facility may send a notice to  the  resident
25        and  responsible party requesting payment within 30 days.
26        If payment is not  received  within  such  30  days,  the
27        facility  may  thereupon  institute transfer or discharge
28        proceedings by sending a notice of transfer or  discharge
29        to  the  resident  and responsible party by registered or
30        certified mail.  The notice shall state, in  addition  to
31        the  requirements  of Section 3-403 of this Act, that the
32        responsible party has the right to pay the amount of  the
33        bill  in full up to the date the transfer or discharge is
 
SB745 Engrossed             -708-              LRB9101253EGfg
 1        to be made and then the resident shall have the right  to
 2        remain in the facility.  Such payment shall terminate the
 3        transfer  or discharge proceedings.  This subsection does
 4        not apply to those residents whose care is  provided  for
 5        under the Illinois Public Aid Code.  The Department shall
 6        adopt  rules setting forth the criteria and procedures to
 7        be applied in cases of involuntary transfer or  discharge
 8        permitted under this Section.
 9    (Source: P.A. 85-1378; revised 2-24-98.)

10        Section   115.   The  Emergency  Medical  Services  (EMS)
11    Systems Act is amended by changing Sections 3.20 and 3.245 as
12    follows:

13        (210 ILCS 50/3.20)
14        Sec. 3.20.  Emergency Medical Services (EMS) Systems.
15        (a)  "Emergency Medical Services (EMS) System"  means  an
16    organization  of  hospitals,  vehicle  service  providers and
17    personnel approved by the Department in a specific geographic
18    area,  which  coordinates  and  provides   pre-hospital   and
19    inter-hospital   emergency  care  and  non-emergency  medical
20    transports at a BLS, ILS  and/or  ALS  level  pursuant  to  a
21    System   program  plan  submitted  to  and  approved  by  the
22    Department, and pursuant to the EMS Region Plan  adopted  for
23    the EMS Region in which the System is located.
24        (b)  One  hospital  in  each  System program plan must be
25    designated as the Resource  Hospital.   All  other  hospitals
26    which  are  located  within  the  geographic  boundaries of a
27    System and which have standby, basic or  comprehensive  level
28    emergency  departments  must  function  in that EMS System as
29    either an Associate Hospital or  Participating  Hospital  and
30    follow  all  System  policies specified in the System Program
31    Plan, including but not limited to the replacement  of  drugs
32    and  equipment  used by providers who have delivered patients
 
SB745 Engrossed             -709-              LRB9101253EGfg
 1    to their emergency departments.  All  hospitals  and  vehicle
 2    service providers participating in an EMS System must specify
 3    their level of participation in the System Program Plan.
 4        (c)  The   Department   shall   have  the  authority  and
 5    responsibility to:
 6             (1)  Approve BLS, ILS  and  ALS  level  EMS  Systems
 7        which  meet minimum standards and criteria established in
 8        rules adopted by the Department  pursuant  to  this  Act,
 9        including the submission of a Program Plan for Department
10        approval.    Beginning  September 1, 1997, the Department
11        shall approve the development of a new  EMS  System  only
12        when  a  local  or  regional  need  for establishing such
13        System has been identified. This shall not  be  construed
14        as  a  needs  assessment  for  health  planning  or other
15        purposes  outside  of  this  Act.  Following   Department
16        approval,  EMS  Systems  must be fully operational within
17        one year from the date of approval.;
18             (2)  Monitor EMS Systems, based on minimum standards
19        for continuing operation as prescribed in  rules  adopted
20        by  the  Department  pursuant  to  this  Act, which shall
21        include  requirements   for   submitting   Program   Plan
22        amendments to the Department for approval.;
23             (3)  Renew EMS System approvals every 4 years, after
24        an inspection, based on compliance with the standards for
25        continuing  operation  prescribed in rules adopted by the
26        Department pursuant to this Act.;
27             (4)  Suspend, revoke, or refuse to renew approval of
28        any EMS System, after  providing  an  opportunity  for  a
29        hearing,  when  findings  show  that it does not meet the
30        minimum standards for continuing operation as  prescribed
31        by  the Department, or is found to be in violation of its
32        previously approved Program Plan.;
33             (5)  Require  each  EMS  System  to  adopt   written
34        protocols  for  the  bypassing  of  or  diversion  to any
 
SB745 Engrossed             -710-              LRB9101253EGfg
 1        hospital, trauma center or regional trauma center,  which
 2        provide  that  a  person  shall  not  be transported to a
 3        facility other than the nearest hospital, regional trauma
 4        center or trauma center unless the  medical  benefits  to
 5        the  patient  reasonably  expected  from the provision of
 6        appropriate medical treatment at a more distant  facility
 7        outweigh   the   increased  risks  to  the  patient  from
 8        transport to the more distant facility, or the  transport
 9        is  in accordance with the System's protocols for patient
10        choice or refusal.;
11             (6)  Require that the EMS Medical Director of an ILS
12        or ALS level  EMS  System  be  a  physician  licensed  to
13        practice medicine in all of its branches in Illinois, and
14        certified  by the American Board of Emergency Medicine or
15        the American Board of Osteopathic Emergency Medicine, and
16        that the EMS Medical Director of a BLS level  EMS  System
17        be  a  physician  licensed to practice medicine in all of
18        its branches  in  Illinois,  with  regular  and  frequent
19        involvement  in  pre-hospital emergency medical services.
20        In addition, all EMS Medical Directors shall:
21                  (A)  Have experience on an EMS vehicle  at  the
22             highest  level  available within the System, or make
23             provision to gain such experience within  12  months
24             prior  to  the date responsibility for the System is
25             assumed  or  within  90  days  after  assuming   the
26             position;
27                  (B)  Be  thoroughly knowledgeable of all skills
28             included in the scope of practices of all levels  of
29             EMS personnel within the System;
30                  (C)  Have  or make provision to gain experience
31             instructing students at a level similar to  that  of
32             the levels of EMS personnel within the System; and
33                  (D)  For  ILS  and  ALS  EMS Medical Directors,
34             successfully  complete  a  Department-approved   EMS
 
SB745 Engrossed             -711-              LRB9101253EGfg
 1             Medical Director's Course.
 2             (7)  Prescribe  statewide  EMS  data  elements to be
 3        collected and documented by providers in all EMS  Systems
 4        for  all  emergency  and  non-emergency medical services,
 5        with a one-year phase-in  for  commencing  collection  of
 6        such data elements.;
 7             (8)  Define,  through rules adopted pursuant to this
 8        Act, the terms "Resource Hospital", "Associate Hospital",
 9        "Participating Hospital", "Basic  Emergency  Department",
10        "Standby  Emergency Department", "Comprehensive Emergency
11        Department", "EMS Medical Director", "EMS  Administrative
12        Director", and "EMS System Coordinator".
13                  (A)  Upon the effective date of this amendatory
14             Act  of 1995, all existing Project Medical Directors
15             shall be considered EMS Medical Directors,  and  all
16             persons  serving in such capacities on the effective
17             date of this amendatory Act of 1995 shall be  exempt
18             from  the  requirements  of  paragraph  (7)  of this
19             subsection;
20                  (B)  Upon the effective date of this amendatory
21             Act  of  1995,  all  existing  EMS  System   Project
22             Directors  shall  be  considered  EMS Administrative
23             Directors.
24             (9)  Investigate the  circumstances  that  caused  a
25        hospital  in  an  EMS  system  to  go on bypass status to
26        determine whether  that  hospital's  decision  to  go  on
27        bypass  status was reasonable.  The Department may impose
28        sanctions, as set forth in Section 3.140 of the Act, upon
29        a Department determination that the hospital unreasonably
30        went on bypass status in violation of the Act.
31    (Source: P.A. 89-177,  eff.  7-19-95;  89-667,  eff.  1-1-97;
32    revised 10-31-98.)

33        (210 ILCS 50/3.245)
 
SB745 Engrossed             -712-              LRB9101253EGfg
 1        Sec.  3.245.  Adoption  of  Rules by the Department.  The
 2    Department shall adopt rules to implement the  provisions  of
 3    this  Act,  in  accordance  with  the Illinois Administrative
 4    Procedure Act.
 5        With the exception of emergency rules adopted pursuant to
 6    Section 5.02 of the Illinois Administrative Procedure Act  or
 7    Section  3.190  of  this Act, the Department shall submit all
 8    proposed  rules  to  the  State  Emergency  Medical  Services
 9    Council or State Trauma Advisory Council for a 90-day  review
10    and  comment  period  prior to adoption, as specified in this
11    Act.
12    (Source: P.A. 89-177, eff. 7-19-95; revised 10-31-98.)

13        Section 116.  The Mobile Home  Park  Act  is  amended  by
14    changing Section 9 as follows:

15        (210 ILCS 115/9) (from Ch. 111 1/2, par. 719)
16        Sec.  9.   Each  mobile  home  park  licensed  or  to  be
17    constructed  under  the  provisions  of  this  Act  shall  be
18    operated  and  maintained in accordance with the requirements
19    of Sections Section 9.1 to 9.15, inclusive, of this Act.
20    (Source: P.A. 77-1472; revised 10-31-98.)

21        Section 117.  The Illinois Insurance Code is  amended  by
22    changing Sections 56, 123C-2, 126.30, 141.1, 143.21a, 143.31,
23    209,  223, 267, 333, 338, 343, 357.2, 357.18, 357.19, 357.20,
24    408, 415, 531.03, 803.1, 807.1,  810.1,  1202,  and  1204  as
25    follows:

26        (215 ILCS 5/56) (from Ch. 73, par. 668)
27        Sec.  56.  Accumulation  of  guaranty  fund  or  guaranty
28    capital.   Any  company  subject  to  the  provisions of this
29    article, may provide for a surplus either by  accumulating  a
30    guaranty fund or a guaranty capital as follows:
 
SB745 Engrossed             -713-              LRB9101253EGfg
 1        (a)  Guaranty Fund.  It may accumulate a guaranty fund by
 2    borrowing  money  at  an  interest rate either (1) at a fixed
 3    rate not exceeding the corporate base rate as reported by the
 4    largest bank  (measured  by  assets)  with  its  head  office
 5    located in Chicago, Illinois, in effect on the first business
 6    day of the month in which the loan document is executed, plus
 7    3% per annum or (2) at a variable rate equal to the corporate
 8    base  rate determined on the first business day of each month
 9    during the term of the loan plus 2% per annum.  In  no  event
10    shall  the  variable  interest  rate for any month exceed the
11    initial rate for the loan or advance by  more  than  10%  per
12    annum.   The  insurer shall elect at the time of execution of
13    the loan or advance agreement whether the interest rate is to
14    be fixed or floating for  the  term  of  the  agreement.   An
15    agreement   issued   after   the  insurer  has  received  its
16    Certificate  of  Authority  shall  first   be   approved   by
17    resolution  of  the Board of Directors and the Director.  The
18    agreement shall provide  that  such  loan  and  the  interest
19    thereon  shall  be  repaid  only  out  of the surplus of such
20    company in excess of the greater of the original  or  minimum
21    surplus  required of such company by Section 43.  Such excess
22    of surplus shall be calculated upon the fair market value  of
23    the  assets of the company, and such guaranty loan fund shall
24    constitute and be enforceable enforcible as  a  liability  of
25    the  company  only  as  against  such  excess of surplus. Any
26    unpaid balance of such guaranty fund loan shall  be  reported
27    in  the  annual  statement  to  be  filed  with the Director.
28    Repayment of principal or payment of  interest  may  be  made
29    only  with  the  approval  of  the Director when he or she is
30    satisfied  that  the  financial  condition  of  the   company
31    warrants that action, but approval may not be withheld if the
32    company  shall  have  and  submit  satisfactory  evidence  of
33    surplus  of  not  less  than  the  amount  stipulated  in the
34    repayment of principal or  interest  payment  clause  of  the
 
SB745 Engrossed             -714-              LRB9101253EGfg
 1    agreement.
 2        (b)  Guaranty   Capital.   It  may  in  addition  to  any
 3    advances  provided  for  herein,  establish  and  maintain  a
 4    guaranty capital divided into shares having a  par  value  of
 5    not  more  than  $100  nor  less  than $5 each.  The guaranty
 6    capital shall be applied to the payment of losses  only  when
 7    the  company  has  exhausted its assets in excess of unearned
 8    premium reserve and other liabilities; and when thus impaired
 9    the directors may make good the whole or any part  of  it  by
10    assessment  on  its  policyholders as provided for in Section
11    60.  Said guaranty capital may,  by  vote  of  the  board  of
12    directors  of  the  company  and  the  written consent of the
13    Director be reduced or retired by any amount,  provided  that
14    the  net  surplus  of the company together with the remaining
15    guaranty capital shall equal or exceed the amount of  surplus
16    required  by  Section  43,  and  due  notice of such proposed
17    action on the part of the company shall  be  published  in  a
18    newspaper  of  general circulation, approved by the Director,
19    not less than once each week for at least 4 consecutive weeks
20    before such action is taken.   No  company  with  a  guaranty
21    capital,  which  has  ceased to do business, shall divide any
22    part of its assets or guaranty capital among its shareholders
23    unless it has paid or it has otherwise been released from its
24    policy obligations.   The  holders  of  the  shares  of  such
25    guaranty  capital shall be entitled to interest either (1) at
26    a fixed  rate  not  exceeding  the  corporate  base  rate  as
27    reported  by  the  largest bank (measured by assets) with its
28    head office located in Chicago, Illinois, in  effect  on  the
29    first business day of the month in which the loan document is
30    executed,  plus  3% per annum or (2) at a variable rate equal
31    to the corporate base rate determined on the  first  business
32    day  of  each  month  during the term of the loan plus 2% per
33    annum.  In no event shall the variable interest rate for  any
34    month exceed the initial rate for the loan or advance by more
 
SB745 Engrossed             -715-              LRB9101253EGfg
 1    than  10%  per annum.  The insurer shall elect at the time of
 2    issuance of the shares whether the interest  rate  is  to  be
 3    fixed  or  floating  for  the  term  of  the agreement.  Such
 4    interest shall be payable from the surplus in excess  of  the
 5    surplus  required of the company by Section 43.  In the event
 6    of dissolution and liquidation of such a  company  after  the
 7    retirement of all outstanding obligations of the company, the
 8    holders  of such shares of guaranty capital shall be entitled
 9    to a preferential right in the assets of such  company  equal
10    to  the  par  value  of  their share of such guaranty capital
11    before any distribution to members.
12    (Source: P.A. 90-381, eff. 8-14-97; revised 2-24-98.)

13        (215 ILCS 5/123C-2) (from Ch. 73, par. 735C-2)
14        Sec. 123C-2.  Authority of captives; restrictions.
15        A.  Any captive insurance company, when permitted by  its
16    articles of association or charter, may apply to the Director
17    for  a  certificate  of  authority  to  transact  any and all
18    insurance in classes 2 and 3  of  Section  4  of  this  Code,
19    except that:
20             (1)  no  pure  captive  insurance company may insure
21        any risks other than those of its parent  and  affiliated
22        companies;
23             (2)  no  association  captive  insurance company may
24        insure  any  risks  other  than  those  of   the   member
25        organizations  of  its  association, and their affiliated
26        companies;
27             (3)  no industrial insured captive insurance company
28        may insure any risks other than those of the  members  of
29        the   industrial  insured  group,  and  their  affiliated
30        companies; and
31             (4)  no captive insurance company may provide:
32                  (i)  personal   motor   vehicle   coverage   or
33             homeowner's  insurance  coverage  or  any  component
 
SB745 Engrossed             -716-              LRB9101253EGfg
 1             thereof, or
 2                  (ii)  personal  coverage  for   personal   risk
 3             liability, or
 4                  (iii)  coverage  for an employer's liability to
 5             its employees other than legal liability  under  the
 6             federal  Employers'  Employee's  Liability  Act (45.
 7             U.S.C.  51  et  seq.),   provided,   however,   this
 8             exclusion  does  not  preclude  reinsurance  of such
 9             employer's liability, or
10                  (iv)  accident and health insurance as provided
11             in clause (a) of Class 2  of  Section  4,  provided,
12             however,  this exclusion does not preclude stop-loss
13             insurance  or  reinsurance  of  a  single   employer
14             self-funded  employee  disability benefit plan or an
15             employee welfare plan as described in 29 U.S.C. 1001
16             et seq.
17        B.  No captive insurance company shall do  any  insurance
18    business in this State unless:
19             (1)  it   first   obtains   from   the   Director  a
20        certificate  of  authority  authorizing  it  to  do  such
21        insurance business in this State; and
22             (2)  it appoints  a  resident  registered  agent  to
23        accept  service  of  process  and to otherwise act on its
24        behalf in this State.
25        C.  No captive insurance company shall adopt a name  that
26    is  the  same  as,  deceptively  similar  to, or likely to be
27    confused with or mistaken for, any  other  existing  business
28    name registered in this State.
29        D.  Each  captive insurance company, or the organizations
30    providing the principal administrative or management services
31    to such captive insurance company, shall maintain a place  of
32    business in this State.
33    (Source: P.A. 88-364; revised 10-28-98.)
 
SB745 Engrossed             -717-              LRB9101253EGfg
 1        (215 ILCS 5/126.30)
 2        Sec.  126.30.  Foreign  investments  and foreign currency
 3    exposure.
 4        A.  Subject to the  limitations  of  Section  126.23,  an
 5    insurer   may  acquire  directly  or  indirectly  through  an
 6    investment subsidiary,  foreign  investments,  or  engage  in
 7    investment   practices   with   persons   of  or  in  foreign
 8    jurisdictions, of substantially the same types as those  that
 9    an  insurer is permitted to acquire under this Article, other
10    than of the type permitted under Section  126.25,  if,  as  a
11    result and after giving effect to the investment:
12             (1)  the  aggregate  amount  of  foreign investments
13        then held by the insurer under this subsection  does  not
14        exceed 20% of its admitted assets; and
15             (2)  the  aggregate  amount  of  foreign investments
16        then held by the  insurer  under  this  subsection  in  a
17        single  foreign  jurisdiction  does not exceed 10% of its
18        admitted assets as to a foreign jurisdiction that  has  a
19        sovereign  debt  rating  of  SVO  1 or 5% of its admitted
20        assets as to any other foreign jurisdiction.
21        B.  Subject to the  limitations  of  Section  126.23,  an
22    insurer  may  acquire  investments,  or  engage in investment
23    practices denominated in foreign currencies, whether  or  not
24    they  are  foreign investments acquired under subsection A of
25    this Section, or additional foreign currency  exposure  as  a
26    result   of  the  termination  or  expiration  of  a  hedging
27    transaction with respect  to  investments  denominated  in  a
28    foreign  currency, if, as a result of and after giving effect
29    to the transaction:
30             (1)  the aggregate amount of investments  then  held
31        by  the  insurer  under  this  subsection  denominated in
32        foreign currencies does not exceed 15%  of  its  admitted
33        assets; and
34             (2)  the  aggregate  amount of investments then held
 
SB745 Engrossed             -718-              LRB9101253EGfg
 1        by the insurer under this subsection denominated  in  the
 2        foreign  currency  of  a single foreign jurisdiction does
 3        not exceed 10% of its admitted assets  as  to  a  foreign
 4        jurisdiction that has a sovereign debt rating of SVO 1 or
 5        5%  of  its  admitted  assets  as  to  any  other foreign
 6        jurisdiction.
 7        (3)  However,  an  investment  shall  not  be  considered
 8    denominated in a foreign currency if  the  acquiring  insurer
 9    enters  into  one or more contracts in transactions permitted
10    under  Section  126.31   in   which   the   business   entity
11    counterparty agrees to exchange, or grants to the insurer the
12    option to exchange, all payments made on the foreign currency
13    denominated investment (or amounts equivalent to the payments
14    that are or will be due to the insurer in accordance with the
15    terms  of  such investment) for United States currency during
16    the period  the  contract  or  contracts  are  in  effect  to
17    insulate the insurer against loss caused by diminution of the
18    value  of  payments owed to the insurer due to future changes
19    in currency exchange rates.
20        C.  In   addition   to   investments   permitted    under
21    subsections  A  and  B  of  this  Section, an insurer that is
22    authorized to do business in a foreign jurisdiction, and that
23    has outstanding insurance, annuity or  reinsurance  contracts
24    on  lives  or  risks  resident  or  located  in  that foreign
25    jurisdiction and denominated  in  foreign  currency  of  that
26    jurisdiction, may acquire foreign investments respecting that
27    foreign jurisdiction, and may acquire investments denominated
28    in   the  currency  of  that  jurisdiction,  subject  to  the
29    limitations of Section  126.23.   However,  investments  made
30    under  this subsection in obligations of foreign governments,
31    their  political  subdivisions   and   government   sponsored
32    enterprises  shall  not  be  subject  to  the  limitations of
33    Section 126.23 if those investments carry an SVO rating of  1
34    or  2.  The  aggregate  amount of investments acquired by the
 
SB745 Engrossed             -719-              LRB9101253EGfg
 1    insurer under this subsection shall not  exceed  the  greater
 2    of:
 3             (1)  the  amount  the  insurer is required by law to
 4        invest in the foreign jurisdiction; or
 5             (2)  125% of the amount  of  its  reserves,  net  of
 6        reinsurance, and other obligations under the contracts.
 7        D.  In    addition   to   investments   permitted   under
 8    subsections A and B of this Section, an insurer that  is  not
 9    authorized to do business in a foreign jurisdiction but which
10    has  outstanding  insurance, annuity or reinsurance contracts
11    on  lives  or  risks  resident  or  located  in   a   foreign
12    jurisdiction  and  denominated  in  foreign  currency of that
13    jurisdiction, may acquire foreign investments respecting that
14    foreign jurisdiction, and may acquire investments denominated
15    in  the  currency  of  that  jurisdiction  subject   to   the
16    limitations set forth of Section 126.24. However, investments
17    made   under   this  subsection  in  obligations  of  foreign
18    governments,  their  political  subdivisions  and  government
19    sponsored enterprises shall not be subject to the limitations
20    of Section 126.23 if those investments carry an SVO rating of
21    1 or 2.  The aggregate amount of investments acquired by  the
22    insurer  under  this  subsection shall not exceed 105% of the
23    amount  of  its  reserves,  net  of  reinsurance,  and  other
24    obligations under the contracts on risks resident or  located
25    in the foreign jurisdiction.
26        E.  Investments  acquired  under  this  Section  shall be
27    aggregated with investments of the same types made under  all
28    other  Sections of this Article, and in a similar manner, for
29    purposes of determining compliance with the  limitations,  if
30    any,   contained   in  the  other  Sections.  Investments  in
31    obligations   of   foreign   governments,   their   political
32    subdivisions and government sponsored  enterprises  of  these
33    persons,  except for those exempted under subsections C and D
34    of this Section, shall  be  subject  to  the  limitations  of
 
SB745 Engrossed             -720-              LRB9101253EGfg
 1    Section 126.23.
 2    (Source: P.A. 90-418, eff. 8-15-97; revised 10-31-98.)

 3        (215 ILCS 5/141.1) (from Ch. 73, par. 753.1)
 4        Sec. 141.1.  Management contracts and service agreements.
 5    All   agreements   or   contracts  under  which  any  person,
 6    organization or corporation is delegated management duties or
 7    control  of  any  domestic  company,  or  which  transfer   a
 8    substantial  part of any major function of a domestic company
 9    such  as  adjustment  of  losses,  production  of   business,
10    investment  of  assets  or general servicing of the company's
11    business must be filed with the Department on or  before  the
12    effective  date  of such contract or agreement.  The Director
13    may upon notice review these arrangements entered by  foreign
14    companies.
15        There  shall  be  exempted from the filing requirement of
16    this Section contracts by groups of affiliated companies on a
17    "pooled" funds basis or  service  company  management  basis,
18    where costs to the individual member companies are charged on
19    an  actually  incurred  or closely estimated basis.  However,
20    these contracts must be reduced to written form.
21        Sections 141.1, 141.2, and 141.3 shall not apply  to  any
22    power of attorney or other authority authorized by Section 67
23    of this Code.
24    (Source: P.A. 88-364; revised 2-26-98.)

25        (215 ILCS 5/143.21a) (from Ch. 73, par. 755.21a)
26        Sec.  143.21a.   Nonrenewal of Fire and Extended Coverage
27    Policy - Grounds.  A policy of  fire  and  extended  coverage
28    insurance,  as  defined  in subsection (b) of Section 143.13,
29    may not be  nonrenewed  for  any  of  the  following  reasons
30    reasonings:
31             (a)  age of property,
32             (b)  location of property,
 
SB745 Engrossed             -721-              LRB9101253EGfg
 1             (c)  age,  sex,  race,  color,  ancestry, or marital
 2        status, or occupation of occupants.
 3    (Source: P.A. 82-625; revised 2-27-98.)

 4        (215 ILCS 5/143.31)
 5        Sec. 143.31.  Uniform medical claim and billing forms.
 6        (a)  The  Director  shall  prescribe   by   rule,   after
 7    consultation  with  providers  of  health  care or treatment,
 8    insurers, hospital, medical, and dental service corporations,
 9    and  other  prepayment  organizations,  insurance  claim  and
10    billing forms that the Director determines will  provide  for
11    uniformity  and simplicity in insurance claims handling.  The
12    claim forms shall  include,  but  need  not  be  limited  to,
13    information  regarding  the medical diagnosis, treatment, and
14    prognosis of  the  patient,  together  with  the  details  of
15    charges  incident  to  the  providing  of care, treatment, or
16    services, sufficient for the purpose  of  meeting  the  proof
17    requirements  of  an insurance policy or a hospital, medical,
18    or dental service contract.
19        (b)  An insurer or a provider of  health  care  treatment
20    may  not  refuse  to accept a claim or bill submitted on duly
21    promulgated uniform claim and  billing  forms.   An  insurer,
22    however,  may  accept claims and bills submitted on any other
23    form.
24        (c)  Accident and health insurer explanation of  benefits
25    paid  statements  or  claims  summary  statements  sent to an
26    insured by the accident and health  insurer  shall  be  in  a
27    format and written in a manner that promotes understanding by
28    the insured by setting forth all of the following:
29             (1)  The   total  dollar  amount  submitted  to  the
30        insurer for payment.
31             (2)  Any reduction in the amount  paid  due  to  the
32        application  of  any co-payment or deductible, along with
33        an  explanation  of  the  amount  of  the  co-payment  or
 
SB745 Engrossed             -722-              LRB9101253EGfg
 1        deductible applied under the insured's policy.
 2             (3)  Any reduction in the amount  paid  due  to  the
 3        application  of  any other policy limitation or exclusion
 4        set  forth  in  the  insured's  policy,  along  with   an
 5        explanation thereof.
 6             (4)  The total dollar amount paid.
 7             (5)  The total dollar amount remaining unpaid.
 8        (d)  The   Director  may  issue  an  order  directing  an
 9    accident and health insurer to comply with subsection (c).
10        (e)  An accident and  health  insurer  does  not  violate
11    subsection  (c)  by  using  a  document that the accident and
12    health insurer is required to use by the  federal  government
13    or the State.
14        (f)  The  adoption  of  uniform  claim  forms and uniform
15    billing forms by the Director under  this  Section  does  not
16    preclude  an  insurer,  hospital,  medical, or dental service
17    corporation, or other prepayment organization from  obtaining
18    any  necessary  additional information regarding a claim from
19    the claimant,  provider  of  health  care  or  treatment,  or
20    certifier of coverage, as may be required.
21        (g)  On  and  after January 1, 1996 when billing insurers
22    or otherwise filing insurance claims with insurers subject to
23    this Section, providers of health care or treatment,  medical
24    services,   dental   services,  pharmaceutical  services,  or
25    medical equipment must use  the  uniform  claim  and  billing
26    forms adopted by the Director under this Section.
27    (Source: P.A. 88-84; 88-662, eff. 9-16-94; revised 10-31-98.)

28        (215 ILCS 5/209) (from Ch. 73, par. 821)
29        Sec. 209. Proof and allowance of claims.
30        (1)  A   proof  of  claim  shall  consist  of  a  written
31    statement signed under oath  setting  forth  the  claim,  the
32    consideration  for  it,  whether the claim is secured and, if
33    so, how, what payments have been made on the claim,  if  any,
 
SB745 Engrossed             -723-              LRB9101253EGfg
 1    and  that  the  sum claimed is justly owing from the company.
 2    Whenever a claim is based  upon  a  document,  the  document,
 3    unless  lost  or  destroyed, shall be filed with the proof of
 4    claim. If the document is lost or destroyed, a  statement  of
 5    that fact and of the circumstances of the loss or destruction
 6    shall  be  included  in  the  proof  of claim. A claim may be
 7    allowed even if contingent or unliquidated  as  of  the  date
 8    fixed  by the court pursuant to subsection (a) of Section 194
 9    if it is filed in accordance with this subsection.  Except as
10    otherwise provided  in  subsection  (7),  a  proof  of  claim
11    required under this Section must identify a particular claim.
12        (2)  At  any  time, the Director may require the claimant
13    to present information  or  evidence  supplementary  to  that
14    required  under  subsection  (l) and may take testimony under
15    oath, require production of  affidavits  or  depositions,  or
16    otherwise obtain additional information or evidence.
17        (3)  Upon    the    liquidation,    rehabilitation,    or
18    conservation   of  any  company  which  has  issued  policies
19    insuring the lives of persons, the Director shall,  within  a
20    reasonable  time,  after  the  last day set for the filing of
21    claims, make a list of the persons who have not filed  proofs
22    of  claim  with him and whose rights have not been reinsured,
23    to whom it appears from the books of the company,  there  are
24    owing  amounts on such policies and he shall set opposite the
25    name of each person such amount so owing to such person.  The
26    Director  shall  incur no personal liability by reason of any
27    mistake in such list. Each person  whose  name  shall  appear
28    upon  said  list  shall be deemed to have duly filed prior to
29    the last day set for filing of claims a proof  of  claim  for
30    the amount set opposite his name on said list.
31        (4)(a)  When    a    Liquidation,    Rehabilitation,   or
32    Conservation Order has been entered in a  proceeding  against
33    an  insurer  under  this Code, any insured under an insurance
34    policy shall have the right to file a contingent claim.   The
 
SB745 Engrossed             -724-              LRB9101253EGfg
 1    Court  at  the time of the entry of the Order of Liquidation,
 2    Rehabilitation or Conservation shall fix the final  date  for
 3    the  liquidation  of  insureds'  contingent claims, but in no
 4    event shall said date be more than 3 years after the last day
 5    fixed for the filing of claims, provided, such  date  may  be
 6    extended  by the Court on petition of the Director should the
 7    Director  determine  that  such  extension  will  not   delay
 8    distribution  of assets under Section 210.  Such a contingent
 9    claim shall be allowed if such claim is  liquidated  and  the
10    insured  claimant  presents evidence of payment of such claim
11    to the Director on or before the last day fixed by the Court.
12        (b)  When an insured has been  unable  to  liquidate  its
13    claim under paragraph (a) of this subsection (4), the insured
14    may  have  its  claim  allowed by estimation if (i) it may be
15    reasonably inferred from the proof presented upon  the  claim
16    that  a  claim  exists under the policy; (ii) the insured has
17    furnished suitable proof, unless the  court  for  good  cause
18    shown  shall  otherwise  direct, that no further valid claims
19    against the insurer arising out of the cause of action  other
20    than those already presented can be made, and (iii) the total
21    liability  of the insurer to all claimants arising out of the
22    same act shall be no greater than its total  liability  would
23    be   were   it   not   in   liquidation,  rehabilitation,  or
24    conservation.
25        (5)  The obligation of the insurer, if any, to defend  or
26    continue  the  defense of any claim or suit under a liability
27    insurance policy shall terminate on the entry of the Order of
28    Liquidation, Rehabilitation or  Conservation,  except  during
29    the  appeal of an Order of Liquidation as provided by Section
30    190.1 or, unless upon the petition of the Director, the court
31    directs otherwise.  Insureds may include in contingent claims
32    reasonable attorneys fees for services rendered subsequent to
33    the date of Liquidation, Rehabilitation  or  Conservation  in
34    defense  of  claims  or suits covered by the insured's policy
 
SB745 Engrossed             -725-              LRB9101253EGfg
 1    provided such attorneys fees have actually been paid  by  the
 2    assured  and  evidence  of  payment  presented  in the manner
 3    required for insured's contingent claims.
 4        (6)  When a liquidation, rehabilitation, or  conservation
 5    order  has  been  entered  in a proceeding against an insurer
 6    under this Code, any person who has a cause of action against
 7    an insured of the insurer under an insurance policy issued by
 8    the insurer shall have the right  to  file  a  claim  in  the
 9    proceeding,  regardless  of  the  fact  that the claim may be
10    contingent, and the claim may be allowed (a)  if  it  may  be
11    reasonably, inferred from proof presented upon the claim that
12    the  claimant  would  be  able  to obtain a judgment upon the
13    cause of action against the insured; and (b)  if  the  person
14    has furnished suitable proof, unless the court for good cause
15    shown  shall  otherwise  direct, that no further valid claims
16    against the insurer arising out of the cause of action  other
17    than  those  already presented can be made, and (c) the total
18    liability of the insurer to all claimants arising out of  the
19    same  act  shall be no greater than its total liability would
20    be  were  it   not   in   liquidation,   rehabilitation,   or
21    conservation.
22        (7)  Contingent  or  unliquidated  general creditors' and
23    ceding insurers'  claims  that  are  not  made  absolute  and
24    liquidated  by  the  last  day fixed by the court pursuant to
25    subsection (4) shall be determined and allowed by estimation.
26    Any such estimate shall be based upon an actuarial evaluation
27    made with reasonable  actuarial  certainty  or  upon  another
28    accepted  method  of valuing claims with reasonable certainty
29    and, with respect to ceding insurers' claims, may include  an
30    estimate of incurred but not reported losses.
31        (8)  No  judgment  against  such an insured or an insurer
32    taken after  the  date  of  the  entry  of  the  liquidation,
33    rehabilitation,  or conservation order shall be considered in
34    the proceedings as evidence of liability, or of the amount of
 
SB745 Engrossed             -726-              LRB9101253EGfg
 1    damages, and no judgment against an  insured  or  an  insurer
 2    taken  by  default, or by collusion prior to the entry of the
 3    liquidation order shall be considered as conclusive  evidence
 4    in  the proceeding either of the liability of such insured to
 5    such person upon such cause of action or  of  the  amount  of
 6    damages to which such person is therein entitled.
 7        (9)  The  value  of  securities held by secured creditors
 8    shall  be  determined  by  converting  the  same  into  money
 9    according to the terms of the  agreement  pursuant  to  which
10    such  securities were delivered to such creditors, or by such
11    creditors and the Director by agreement, or by the court, and
12    the amount of such value shall be credited upon the claims of
13    such secured creditors and their claims allowed only for  the
14    balance.
15        (10)  Claims  of  creditors  or  policyholders  who  have
16    received  preferences  voidable  under Section 204 or to whom
17    conveyances or transfers, assignments  or  incumbrances  have
18    been  made  or  given which are void under Section 204, shall
19    not be allowed unless such creditors or  policyholders  shall
20    surrender    such    preferences,   conveyances,   transfers,
21    assignments or incumbrances.
22        (11)(a)  When the Director denies a  claim  or  allows  a
23    claim  for  less  than  the amount requested by the claimant,
24    written notice of the  determination  and  of  the  right  to
25    object  shall  be  given  promptly  to  the  claimant  or the
26    claimant's representative by first class mail at the  address
27    shown on the proof of claim.  Within 60 days from the mailing
28    of  the  notice, the claimant may file his written objections
29    with the Director.  If no such filing is  made  on  a  timely
30    basis,   the   claimant   may   not  further  object  to  the
31    determination.
32        (b)  Whenever objections are filed with the Director  and
33    he  does  not  alter  his  determination  as  a result of the
34    objection and the claimant continues to object, the  Director
 
SB745 Engrossed             -727-              LRB9101253EGfg
 1    shall petition the court for a hearing as soon as practicable
 2    and  give  notice  of  the hearing by first class mail to the
 3    claimant or his representative and to any other persons known
 4    by the Director to be directly affected,  not  less  than  10
 5    days before the date of the hearing.
 6        (12)  The  Director shall review all claims duly filed in
 7    the liquidation, rehabilitation, or conservation  proceeding,
 8    unless  otherwise  directed by the court, and shall make such
 9    further  investigation  as  he  considers  necessary.     The
10    Director  may  compound,  compromise,  or in any other manner
11    negotiate the amount for which claims will be recommended  to
12    the  court.   Unresolved  disputes  shall be determined under
13    subsection (11).
14        (13)(a)  The Director shall present to the court  reports
15    of   claims   reviewed   under   subsection   (12)  with  his
16    recommendations as to each claim.
17        (b)  The   court   may   approve   or   disapprove    any
18    recommendations  contained  in the reports of claims filed by
19    the Director, except  that  the  Director's  agreements  with
20    claimants  shall  be accepted as final by the court on claims
21    settled for $10,000 or less.
22        (14)  The changes made in this Section by this amendatory
23    Act of 1993 apply  to  all  liquidation,  rehabilitation,  or
24    conservation  proceedings  that  are pending on the effective
25    date of this  amendatory  Act  of  1993  and  to  all  future
26    liquidation,  rehabilitation,  or  conservation  proceedings,
27    except  that  the  changes  made  to  the  provisions of this
28    Section by this amendatory Act of 1993 shall not apply to any
29    company ordered into liquidation  on  or  before  January  1,
30    1982.
31    (Source:   P.A.   88-297;   89-206,   eff.  7-21-95;  revised
32    10-31-98.)

33        (215 ILCS 5/223) (from Ch. 73, par. 835)
 
SB745 Engrossed             -728-              LRB9101253EGfg
 1        Sec. 223. Director to value policies - Legal standard  of
 2    valuation.
 3        (1)  The  Director  shall  annually value, or cause to be
 4    valued, the reserve liabilities (hereinafter called reserves)
 5    for all outstanding life insurance policies and  annuity  and
 6    pure  endowment  contracts  of  every  life insurance company
 7    doing business in this State, except that in the case  of  an
 8    alien  company, such valuation shall be limited to its United
 9    States business, and may  certify  the  amount  of  any  such
10    reserves,  specifying  the mortality table or tables, rate or
11    rates of interest, and methods (net level premium  method  or
12    other)   used   in  the  calculation  of  such  reserves.  In
13    calculating such reserves,  he  may  use  group  methods  and
14    approximate averages for fractions of a year or otherwise. In
15    lieu  of the valuation of the reserves herein required of any
16    foreign or alien company, he may accept any  valuation  made,
17    or  caused  to be made, by the insurance supervisory official
18    of any  state  or  other  jurisdiction  when  such  valuation
19    complies with the minimum standard herein provided and if the
20    official  of such state or jurisdiction accepts as sufficient
21    and valid for all legal purposes the certificate of valuation
22    of the Director when such certificate states the valuation to
23    have been made in a specified manner according to  which  the
24    aggregate  reserves would be at least as large as if they had
25    been computed in the manner prescribed by  the  law  of  that
26    state or jurisdiction.
27        Any  such  company  which  at  any  time  has adopted any
28    standard of valuation producing  greater  aggregate  reserves
29    than  those  calculated  according  to  the  minimum standard
30    herein provided may, with the approval of the Director, adopt
31    any lower standard of  valuation,  but  not  lower  than  the
32    minimum  herein  provided, however, that, for the purposes of
33    this  subsection,  the   holding   of   additional   reserves
34    previously  determined by a qualified actuary to be necessary
 
SB745 Engrossed             -729-              LRB9101253EGfg
 1    to render the opinion required by subsection (1a)  shall  not
 2    be  deemed  to  be  the  adoption  of  a  higher  standard of
 3    valuation. In the valuation of policies  the  Director  shall
 4    give  no consideration to, nor make any deduction because of,
 5    the existence or the possession by the company of
 6             (a)  policy liens created by any agreement given  or
 7        assented  to  by  any assured subsequent to July 1, 1937,
 8        for which liens such assured has  not  received  cash  or
 9        other  consideration equal in value to the amount of such
10        liens, or
11             (b)  policy liens created by any  agreement  entered
12        into  in  violation  of  section 232 unless the agreement
13        imposing or creating such liens has been  approved  by  a
14        Court  in a proceeding under Article XIII, or in the case
15        of a foreign or alien company  has  been  approved  by  a
16        court in a rehabilitation or liquidation proceeding or by
17        the  insurance  official  of  its  domiciliary  state  or
18        country, in accordance with the laws thereof.
19        (1a)  This  subsection  shall become operative at the end
20    of the first full calendar year following the effective  date
21    of this amendatory Act of 1991.
22             (A)  General.
23                  (1)  Every   life   insurance   company   doing
24             business  in  this  State  shall annually submit the
25             opinion of a qualified actuary  as  to  whether  the
26             reserves and related actuarial items held in support
27             of  the  policies  and  contracts  specified  by the
28             Director by regulation are  computed  appropriately,
29             are  based  on  assumptions that satisfy contractual
30             provisions,  are  consistent  with  prior   reported
31             amounts  and  comply  with  applicable  laws of this
32             State.  The Director by regulation shall define  the
33             specifics  of  this  opinion and add any other items
34             deemed to be necessary to its scope.
 
SB745 Engrossed             -730-              LRB9101253EGfg
 1                  (2)  The opinion shall be  submitted  with  the
 2             annual statement reflecting the valuation of reserve
 3             liabilities   for  each  year  ending  on  or  after
 4             December 31, 1992.
 5                  (3)  The opinion shall apply to all business in
 6             force  including   individual   and   group   health
 7             insurance plans, in form and substance acceptable to
 8             the Director as specified by regulation.
 9                  (4)  The  opinion  shall  be based on standards
10             adopted from time to time by the Actuarial Standards
11             Board and on additional standards  as  the  Director
12             may by regulation prescribe.
13                  (5)  In  the  case of an opinion required to be
14             submitted  by  a  foreign  or  alien  company,   the
15             Director  may  accept  the  opinion  filed  by  that
16             company  with  the insurance supervisory official of
17             another state if the Director  determines  that  the
18             opinion reasonably meets the requirements applicable
19             to a company domiciled in this State.
20                  (6)  For   the   purpose   of   this   Section,
21             "qualified  actuary" means a member in good standing
22             of the American Academy of Actuaries who  meets  the
23             requirements set forth in its regulations.
24                  (7)  Except   in  cases  of  fraud  or  willful
25             misconduct,  the  qualified  actuary  shall  not  be
26             liable for damages to any  person  (other  than  the
27             insurance  company  and  the  Director) for any act,
28             error, omission, decision or conduct with respect to
29             the actuary's opinion.
30                  (8)  Disciplinary  action   by   the   Director
31             against  the  company or the qualified actuary shall
32             be defined in regulations by the Director.
33                  (9)  A  memorandum,  in  form   and   substance
34             acceptable   to   the   Director   as  specified  by
 
SB745 Engrossed             -731-              LRB9101253EGfg
 1             regulation,  shall  be  prepared  to  support   each
 2             actuarial opinion.
 3                  (10)  If the insurance company fails to provide
 4             a  supporting  memorandum  at  the  request  of  the
 5             Director  within a period specified by regulation or
 6             the  Director   determines   that   the   supporting
 7             memorandum  provided  by the insurance company fails
 8             to meet the standards prescribed by the  regulations
 9             or  is  otherwise  unacceptable to the Director, the
10             Director may  engage  a  qualified  actuary  at  the
11             expense of the company to review the opinion and the
12             basis  for  the  opinion  and prepare the supporting
13             memorandum as is required by the Director.
14                  (11)  Any memorandum in support of the opinion,
15             and any other material provided by  the  company  to
16             the  Director in connection therewith, shall be kept
17             confidential by the Director and shall not  be  made
18             public  and  shall not be subject to subpoena, other
19             than for the purpose of defending an action  seeking
20             damages  from  any  person  by  reason of any action
21             required  by  this   Section   or   by   regulations
22             promulgated  hereunder;  provided, however, that the
23             memorandum  or  other  material  may  otherwise   be
24             released  by  the  Director  (a)  with  the  written
25             consent  of  the  company  or  (b)  to  the American
26             Academy of Actuaries upon request stating  that  the
27             memorandum  or  other  material  is required for the
28             purpose of professional disciplinary proceedings and
29             setting  forth  procedures   satisfactory   to   the
30             Director  for  preserving the confidentiality of the
31             memorandum or other material.  Once any  portion  of
32             the  confidential memorandum is cited by the company
33             in its marketing or is cited before any governmental
34             agency other than a state insurance department or is
 
SB745 Engrossed             -732-              LRB9101253EGfg
 1             released by the  company  to  the  news  media,  all
 2             portions  of the confidential memorandum shall be no
 3             longer confidential.
 4             (B)  Actuarial  analysis  of  reserves  and   assets
 5        supporting those reserves.
 6                  (1)  Every  life  insurance  company, except as
 7             exempted by or under regulation, shall also annually
 8             include in the opinion required by paragraph  (A)(1)
 9             of  this  subsection  (1a),  an  opinion of the same
10             qualified actuary as to  whether  the  reserves  and
11             related  actuarial  items  held  in  support  of the
12             policies and contracts specified by the Director  by
13             regulation,  when  considered in light of the assets
14             held by the company with respect to the reserves and
15             related actuarial items including, but  not  limited
16             to,  the  investment  earnings on the assets and the
17             considerations  anticipated  to  be   received   and
18             retained  under  the  policies  and  contracts, make
19             adequate provision  for  the  company's  obligations
20             under  the policies and contracts including, but not
21             limited  to,  the  benefits   under   and   expenses
22             associated with the policies and contracts.
23                  (2)  The Director may provide by regulation for
24             a  transition  period  for  establishing  any higher
25             reserves  which  the  qualified  actuary  may   deem
26             necessary in order to render the opinion required by
27             this Section.
28        (2)  This  subsection  shall apply to only those policies
29    and contracts issued prior to the operative date  of  section
30    229.2 (the Standard Non-forfeiture Law).
31             (a)  Except  as  otherwise in this Article provided,
32        the legal minimum standard  for  valuation  of  contracts
33        issued  before January 1, 1908, shall be the Actuaries or
34        Combined Experience Table of Mortality with  interest  at
 
SB745 Engrossed             -733-              LRB9101253EGfg
 1        4%  per annum and for valuation of contracts issued on or
 2        after that date shall be the American Experience Table of
 3        Mortality with either Craig's or Buttolph's Extension for
 4        ages under 10 and with interest at 3 1/2% per annum.  The
 5        legal   minimum  standard  for  the  valuation  of  group
 6        insurance policies under  which  premium  rates  are  not
 7        guaranteed for a period in excess of 5 years shall be the
 8        American Men Ultimate Table of Mortality with interest at
 9        3  1/2%  per  annum. Any life company may, at its option,
10        value its insurance contracts issued on or after  January
11        1,  1938,  in accordance with their terms on the basis of
12        the  American  Men  Ultimate  Table  of  Mortality   with
13        interest not higher than 3 1/2% per annum.
14             (b)  Policies  issued  prior to January 1, 1908, may
15        continue to be valued according  to  a  method  producing
16        reserves  not  less  than  those  produced  by  the  full
17        preliminary  term  method.  Policies  issued on and after
18        January 1, 1908, may be  valued  according  to  a  method
19        producing  reserves  not  less than those produced by the
20        modified preliminary term method hereinafter described in
21        paragraph (c). Policies issued on and  after  January  1,
22        1938,   may  be  valued  either  according  to  a  method
23        producing reserves not less than those produced  by  such
24        modified  preliminary  term  method  or by the select and
25        ultimate method on the basis that the rate  of  mortality
26        during  the  first  5  years  after  the issuance of such
27        contracts respectively shall be calculated  according  to
28        the  following percentages of rates shown by the American
29        Experience Table of Mortality:
30                  (i)  first insurance year 50% thereof;
31                  (ii)  second insurance year 65% thereof;
32                  (iii)  third insurance year 75% thereof;
33                  (iv)  fourth insurance year 85% thereof;
34                  (v)  fifth insurance year 95% thereof;
 
SB745 Engrossed             -734-              LRB9101253EGfg
 1             (c)  If the premium charged  for  the  first  policy
 2        year under a limited payment life preliminary term policy
 3        providing for the payment of all premiums thereon in less
 4        than  20  years  from  the date of the policy or under an
 5        endowment preliminary term policy, exceeds  that  charged
 6        for   the   first  policy  year  under  20  payment  life
 7        preliminary  term  policies  of  the  same  company,  the
 8        reserve thereon at the end of  any  year,  including  the
 9        first, shall not be less than the reserve on a 20 payment
10        life  preliminary  term policy issued in the same year at
11        the same age, together with  an  amount  which  shall  be
12        equivalent  to  the  accumulation  of a net level premium
13        sufficient to provide for a pure endowment at the end  of
14        the  premium  payment  period,  equal  to  the difference
15        between the value at the end of such period of such a  20
16        payment  life  preliminary  term  policy and the full net
17        level premium reserve at such  time  of  such  a  limited
18        payment  life  or  endowment  policy. The premium payment
19        period  is  the  period   during   which   premiums   are
20        concurrently   payable   under   such   20  payment  life
21        preliminary term policy and such limited payment life  or
22        endowment policy.
23             (d)  The  legal  minimum standard for the valuations
24        of annuities issued on and after January 1,  1938,  shall
25        be  the  American  Annuitant's  Table  with  interest not
26        higher than 3 3/4% per annum, and  all  annuities  issued
27        before  that  date  shall  be valued on a basis not lower
28        than that used for the annual statement of the year 1937;
29        but annuities deferred 10 or more years  and  written  in
30        connection  with  life  insurance  shall be valued on the
31        same basis as that used in computing the consideration or
32        premiums therefor, or upon any  higher  standard  at  the
33        option of the company.
34             (e)  The Director may vary the standards of interest
 
SB745 Engrossed             -735-              LRB9101253EGfg
 1        and  mortality  as to contracts issued in countries other
 2        than  the  United  States  and  may  vary  standards   of
 3        mortality  in particular cases of invalid lives and other
 4        extra hazards.
 5             (f)  The legal minimum  standard  for  valuation  of
 6        waiver  of  premium  disability  benefits  or  waiver  of
 7        premium  and  income  disability  benefits  issued on and
 8        after January 1, 1938, shall be the Class (3)  Disability
 9        Table  (1926)  modified  to  conform  to  the contractual
10        waiting period, with interest at not more than 3 1/2% per
11        annum; but in no event shall  the  values  be  less  than
12        those  produced  by  the basis used in computing premiums
13        for such benefits. The legal  minimum  standard  for  the
14        valuation  of  such  benefits  issued prior to January 1,
15        1938, shall be such as to place  an  adequate  value,  as
16        determined   by   sound   insurance   practices,  on  the
17        liabilities thereunder and shall be such that  the  value
18        of  the  benefits under each and every policy shall in no
19        case be less  than  the  value  placed  upon  the  future
20        premiums.
21             (g)  The legal minimum standard for the valuation of
22        industrial  policies  issued on or after January 1, 1938,
23        shall be the American Experience Table  of  Mortality  or
24        the   Standard   Industrial   Mortality   Table   or  the
25        Substandard Industrial Mortality Table with interest at 3
26        1/2% per annum by the net level  premium  method,  or  in
27        accordance  with  their terms by the modified preliminary
28        term method hereinabove described.
29             (h)  Reserves for all such  policies  and  contracts
30        may   be  calculated,  at  the  option  of  the  company,
31        according  to  any  standards   which   produce   greater
32        aggregate  reserves  for  all such policies and contracts
33        than the minimum reserves required by this subsection.
34        (3)  This subsection shall apply to only  those  policies
 
SB745 Engrossed             -736-              LRB9101253EGfg
 1    and  contracts  issued  on  or  after January 1, 1948 or such
 2    earlier  operative  date  of  Section  229.2  (the   Standard
 3    Non-forfeiture  Law)  as  shall  have  been  elected  by  the
 4    insurance company issuing such policies or contracts.
 5             (a)  Except  as  otherwise  provided  in subsections
 6        (4), (6), and (7), the minimum standard for the valuation
 7        of  all  such  policies  and  contracts  shall   be   the
 8        Commissioners   Reserve   valuation   method  defined  in
 9        paragraphs  (b)  and  (f)  of  this  subsection  and   in
10        subsection  5,  3  1/2% interest for such policies issued
11        prior to September 8, 1977, 5 1/2%  interest  for  single
12        premium  life  insurance policies and 4 1/2% interest for
13        all other such policies issued on or after  September  8,
14        1977, and the following tables:
15                  (i)  The  Commissioners  1941 Standard Ordinary
16             Mortality Table for all Ordinary  policies  of  life
17             insurance  issued  on  the standard basis, excluding
18             any disability and accidental death benefits in such
19             policies, for such  policies  issued  prior  to  the
20             operative  date  of subsection (4a) of Section 229.2
21             (Standard Non-forfeiture Law); and the Commissioners
22             1958 Standard  Ordinary  Mortality  Table  for  such
23             policies  issued on or after such operative date but
24             prior to the operative date of  subsection  (4c)  of
25             Section 229.2 provided that for any category of such
26             policies  issued  on  female  risks all modified net
27             premiums and present values referred to in this  Act
28             may,  prior  to  September  8,  1977,  be calculated
29             according to an age not more than  3  years  younger
30             than  the  actual  age  of  the  insured  and, after
31             September 8, 1977, calculated according  to  an  age
32             not more than 6 years younger than the actual age of
33             the  insured;  and  for  such  policies issued on or
34             after the  operative  date  of  subsection  (4c)  of
 
SB745 Engrossed             -737-              LRB9101253EGfg
 1             Section  229.2,  (i) the Commissioners 1980 Standard
 2             Ordinary Mortality Table, or (ii) at the election of
 3             the company for any one or more specified  plans  of
 4             life  insurance,  the  Commissioners  1980  Standard
 5             Ordinary   Mortality   Table  with  Ten-Year  Select
 6             Mortality Factors, or (iii) any  ordinary  mortality
 7             table adopted after 1980 by the National Association
 8             of   Insurance   Commissioners   and   approved   by
 9             regulations  promulgated  by the Director for use in
10             determining the minimum standard  of  valuation  for
11             such policies.
12                  (ii)  For   all   Industrial   Life   Insurance
13             policies issued on the standard basis, excluding any
14             disability  and  accidental  death  benefits in such
15             policies--the  1941  Standard  Industrial  Mortality
16             Table  for  such  policies  issued  prior   to   the
17             operative  date of subsection 4 (b) of Section 229.2
18             (Standard Non-forfeiture Law); and for such policies
19             issued  on  or  after  such   operative   date   the
20             Commissioners  1961  Standard  Industrial  Mortality
21             Table  or  any  industrial  mortality  table adopted
22             after 1980 by the National Association of  Insurance
23             Commissioners    and    approved    by   regulations
24             promulgated by the Director for use  in  determining
25             the minimum standard of valuation for such policies.
26                  (iii)  For    Individual   Annuity   and   Pure
27             Endowment contracts, excluding  any  disability  and
28             accidental death benefits in such policies--the 1937
29             Standard  Annuity Mortality Table--or, at the option
30             of the company,  the  Annuity  Mortality  Table  for
31             1949,  Ultimate,  or  any  modification of either of
32             these tables approved by the Director.
33                  (iv)  For  Group  Annuity  and  Pure  Endowment
34             contracts, excluding any disability  and  accidental
 
SB745 Engrossed             -738-              LRB9101253EGfg
 1             death  benefits  in such policies--the Group Annuity
 2             Mortality Table for 1951, any modification  of  such
 3             table approved by the Director, or, at the option of
 4             the  company,  any of the tables or modifications of
 5             tables specified for  Individual  Annuity  and  Pure
 6             Endowment contracts.
 7                  (v)  For   Total   and   Permanent   Disability
 8             Benefits in or supplementary to Ordinary policies or
 9             contracts  for  policies  or  contracts issued on or
10             after January  1,  1966,  the  tables  of  Period  2
11             disablement  rates  and the 1930 to 1950 termination
12             rates of the 1952 Disability Study of the Society of
13             Actuaries, with due regard to the type  of  benefit,
14             or  any  tables of disablement rates and termination
15             rates adopted after 1980 by the National Association
16             of   Insurance   Commissioners   and   approved   by
17             regulations promulgated by the Director for  use  in
18             determining  the  minimum  standard of valuation for
19             such policies; for policies or contracts  issued  on
20             or  after  January  1, 1961, and prior to January 1,
21             1966, either such tables or, at the  option  of  the
22             company,  the Class (3) Disability Table (1926); and
23             for policies issued prior to January  1,  1961,  the
24             Class  (3)  Disability  Table (1926). Any such table
25             shall,  for  active  lives,  be  combined   with   a
26             mortality   table   permitted  for  calculating  the
27             reserves for life insurance policies.
28                  (vi)  For  Accidental  Death  benefits  in   or
29             supplementary to policies--for policies issued on or
30             after  January  1,  1966,  the 1959 Accidental Death
31             Benefits Table  or  any  accidental  death  benefits
32             table adopted after 1980 by the National Association
33             of   Insurance   Commissioners   and   approved   by
34             regulations  promulgated  by the Director for use in
 
SB745 Engrossed             -739-              LRB9101253EGfg
 1             determining the minimum standard  of  valuation  for
 2             such  policies;  for  policies  issued  on  or after
 3             January 1, 1961, and prior to January 1,  1966,  any
 4             of such tables or, at the option of the company, the
 5             Inter-Company  Double Indemnity Mortality Table; and
 6             for policies issued prior to January  1,  1961,  the
 7             Inter-Company   Double  Indemnity  Mortality  Table.
 8             Either table shall  be  combined  with  a  mortality
 9             table  permitted  for  calculating  the reserves for
10             life insurance policies.
11                  (vii)  For Group Life Insurance, life insurance
12             issued on the substandard basis  and  other  special
13             benefits--such  tables  as  may  be  approved by the
14             Director.
15             (b)  Except as otherwise provided in  paragraph  (f)
16        of  subsection  (3),  subsection  (5), and subsection (7)
17        reserves according to the Commissioners reserve valuation
18        method, for the life insurance and endowment benefits  of
19        policies  providing for a uniform amount of insurance and
20        requiring the payment of uniform premiums  shall  be  the
21        excess,  if  any,  of  the  present value, at the date of
22        valuation, of such future  guaranteed  benefits  provided
23        for  by such policies, over the then present value of any
24        future modified net premiums therefor. The  modified  net
25        premiums  for  any  such  policy  shall  be  such uniform
26        percentage of the respective contract premiums  for  such
27        benefits  that the present value, at the date of issue of
28        the policy, of all such modified net  premiums  shall  be
29        equal  to  the  sum  of  the  then  present value of such
30        benefits provided for by the policy and the excess of (A)
31        over (B), as follows:
32                  (A)  A net level annual premium  equal  to  the
33             present  value,  at  the  date  of  issue,  of  such
34             benefits  provided  for after the first policy year,
 
SB745 Engrossed             -740-              LRB9101253EGfg
 1             divided by the present value, at the date of  issue,
 2             of  an annuity of one per annum payable on the first
 3             and each subsequent anniversary of  such  policy  on
 4             which  a  premium falls due; provided, however, that
 5             such net level annual premium shall not  exceed  the
 6             net  level  annual  premium  on  the 19 year premium
 7             whole life plan for insurance of the same amount  at
 8             an age one year higher than the age at issue of such
 9             policy.
10                  (B)  A  net  one  year  term  premium  for such
11             benefits provided for in the first policy year.
12             For any life insurance policy  issued  on  or  after
13        January  1,  1987,  for which the contract premium in the
14        first policy year exceeds that of the second year with no
15        comparable additional  benefit  being  provided  in  that
16        first year, which policy provides an endowment benefit or
17        a  cash  surrender  value  or a combination thereof in an
18        amount greater than  such  excess  premium,  the  reserve
19        according  to  the Commissioners reserve valuation method
20        as of any policy anniversary occurring on or  before  the
21        assumed  ending  date, defined herein as the first policy
22        anniversary on which the sum of any endowment benefit and
23        any cash surrender value then available is  greater  than
24        such  excess premium, shall, except as otherwise provided
25        in paragraph (f) of subsection (3), be the greater of the
26        reserve as  of  such  policy  anniversary  calculated  as
27        described in the preceding part of this paragraph (b) and
28        the  reserve  as of such policy anniversary calculated as
29        described in the preceding part  of  this  paragraph  (b)
30        with  (i) the value defined in subpart A of the preceding
31        part of this paragraph (b) being reduced by  15%  of  the
32        amount  of  such  excess  first  year  premium,  (ii) all
33        present values of benefits and premiums being  determined
34        without reference to premiums or benefits provided for by
 
SB745 Engrossed             -741-              LRB9101253EGfg
 1        the  policy  after  the  assumed  ending  date, (iii) the
 2        policy being  assumed  to  mature  on  such  date  as  an
 3        endowment,  and (iv) the cash surrender value provided on
 4        such date being considered as an endowment  benefit.   In
 5        making  the  above comparison, the mortality and interest
 6        bases stated in paragraph (a) of subsection  (3)  and  in
 7        subsection 6 shall be used.
 8             Reserves  according  to  the  Commissioners  reserve
 9        valuation   method   for   (i)  life  insurance  policies
10        providing for a varying amount of insurance or  requiring
11        the  payment  of varying premiums, (ii) group annuity and
12        pure endowment contracts  purchased  under  a  retirement
13        plan  or  plan  of  deferred compensation, established or
14        maintained by an employer  (including  a  partnership  or
15        sole  proprietorship)  or by an employee organization, or
16        by  both,  other  than  a   plan   providing   individual
17        retirement  accounts  or  individual retirement annuities
18        under Section 408 of the Internal Revenue Code, as now or
19        hereafter amended, (iii) disability and accidental  death
20        benefits  in  all  policies  and  contracts, and (iv) all
21        other  benefits,  except  life  insurance  and  endowment
22        benefits in life insurance policies and benefits provided
23        by all other annuity and pure endowment contracts,  shall
24        be  calculated by a method consistent with the principles
25        of this paragraph (b), except  that  any  extra  premiums
26        charged  because  of impairments or special hazards shall
27        be disregarded  in  the  determination  of  modified  net
28        premiums.
29             (c)  In   no   event  shall  a  company's  aggregate
30        reserves  for  all  life  insurance  policies,  excluding
31        disability and accidental death benefits be less than the
32        aggregate reserves  calculated  in  accordance  with  the
33        methods  set  forth  in  paragraphs  (b), (f), and (g) of
34        subsection (3) and in subsection (5)  and  the  mortality
 
SB745 Engrossed             -742-              LRB9101253EGfg
 1        table  or  tables  and  rate or rates of interest used in
 2        calculating non-forfeiture benefits for such policies.
 3             (d)  In no event shall the  aggregate  reserves  for
 4        all  policies,  contracts,  and benefits be less than the
 5        aggregate reserves determined by the qualified actuary to
 6        be necessary to render the opinion required by subsection
 7        (1a).
 8             (e)  Reserves  for   any   category   of   policies,
 9        contracts or benefits as established by the Director, may
10        be calculated, at the option of the company, according to
11        any  standards  which  produce greater aggregate reserves
12        for such category than those calculated according to  the
13        minimum  standard  herein provided, but the rate or rates
14        of interest used for policies and contracts,  other  than
15        annuity and pure endowment contracts, shall not be higher
16        than  the corresponding rate or rates of interest used in
17        calculating  any  nonforfeiture  benefits  provided   for
18        therein.
19             (f)  If  in  any  contract  year  the  gross premium
20        charged by any life insurance company on  any  policy  or
21        contract  is  less than the valuation net premium for the
22        policy or contract calculated  by  the   method  used  in
23        calculating  the  reserve  thereon  but using the minimum
24        valuation standards of mortality and  rate  of  interest,
25        the  minimum reserve required for such policy or contract
26        shall be the greater of  either  the  reserve  calculated
27        according  to  the mortality table, rate of interest, and
28        method actually used for such policy or contract, or  the
29        reserve  calculated  by the method actually used for such
30        policy or contract but using  the  minimum  standards  of
31        mortality   and   rate  of  interest  and  replacing  the
32        valuation net premium by the actual gross premium in each
33        contract year for which the valuation net premium exceeds
34        the  actual  gross  premium.    The   minimum   valuation
 
SB745 Engrossed             -743-              LRB9101253EGfg
 1        standards  of  mortality and rate of interest referred to
 2        in this paragraph  (f)  are  those  standards  stated  in
 3        subsection (6) and paragraph (a) of subsection (3).
 4             For  any  life  insurance  policy issued on or after
 5        January 1, 1987, for which the gross premium in the first
 6        policy year exceeds that  of  the  second  year  with  no
 7        comparable  additional  benefit  provided  in  that first
 8        year, which policy provides an  endowment  benefit  or  a
 9        cash  surrender  value  or  a  combination  thereof in an
10        amount greater than such excess  premium,  the  foregoing
11        provisions  of  this paragraph (f) shall be applied as if
12        the method actually used in calculating the  reserve  for
13        such policy were the method described in paragraph (b) of
14        subsection  (3),  ignoring  the  second paragraph of said
15        paragraph (b).    The  minimum  reserve  at  each  policy
16        anniversary  of such a policy shall be the greater of the
17        minimum reserve calculated in accordance  with  paragraph
18        (b)  of subsection (3), including the second paragraph of
19        said paragraph (b), and the minimum reserve calculated in
20        accordance with this paragraph (f).
21             (g)  In the case of any plan of life insurance which
22        provides for future premium determination, the amounts of
23        which are to be determined by the insurance company based
24        on then estimates of future experience, or in the case of
25        any plan of life insurance or annuity which is of such  a
26        nature  that the minimum reserves cannot be determined by
27        the methods  described  in  paragraphs  (b)  and  (f)  of
28        subsection (3) and subsection (5), the reserves which are
29        held under any such plan shall:
30                  (i)  be appropriate in relation to the benefits
31             and the pattern of premiums for that plan, and
32                  (ii)  be   computed   by   a  method  which  is
33             consistent with  the  principles  of  this  Standard
34             Valuation   Law,   as   determined   by  regulations
 
SB745 Engrossed             -744-              LRB9101253EGfg
 1             promulgated by the Director.
 2        (4)  Except as provided in subsection  (6),  the  minimum
 3    standard for the valuation of all individual annuity and pure
 4    endowment  contracts issued on or after the operative date of
 5    this subsection, as defined herein, and for all annuities and
 6    pure endowments purchased on or  after  such  operative  date
 7    under group annuity and pure endowment contracts shall be the
 8    Commissioners  Reserve valuation methods defined in paragraph
 9    (b) of subsection (3) and subsection (5)  and  the  following
10    tables and interest rates:
11             (a)  For individual single premium immediate annuity
12        contracts,  excluding any disability and accidental death
13        benefits in such contracts, the 1971  Individual  Annuity
14        Mortality  Table,  any individual annuity mortality table
15        adopted  after  1980  by  the  National  Association   of
16        Insurance   Commissioners  and  approved  by  regulations
17        promulgated by the Director for use  in  determining  the
18        minimum  standard of valuation for such contracts, or any
19        modification of those tables approved  by  the  Director,
20        and 7 1/2% interest.
21             (b)  For  individual  and  pure  endowment contracts
22        other than single premium  annuity  contracts,  excluding
23        any  disability  and  accidental  death  benefits in such
24        contracts, the 1971 Individual Annuity  Mortality  Table,
25        any individual annuity mortality table adopted after 1980
26        by  the  National  Association of Insurance Commissioners
27        and approved by regulations promulgated by  the  Director
28        for  use in determining the minimum standard of valuation
29        for such contracts, or any modification of  those  tables
30        approved  by the Director, and 5 1/2% interest for single
31        premium deferred annuity and pure endowment contracts and
32        4 1/2% interest for all other such individual annuity and
33        pure endowment contracts.
34             (c)  For all annuities and pure endowments purchased
 
SB745 Engrossed             -745-              LRB9101253EGfg
 1        under  group  annuity  and  pure   endowment   contracts,
 2        excluding  any  disability  and accidental death benefits
 3        purchased under such contracts, the  1971  Group  Annuity
 4        Mortality   Table,  any  group  annuity  mortality  table
 5        adopted  after  1980  by  the  National  Association   of
 6        Insurance   Commissioners  and  approved  by  regulations
 7        promulgated by the Director for use  in  determining  the
 8        minimum standard of valuation for such annuities and pure
 9        endowments,  or any modification of those tables approved
10        by the Director, and 7 1/2% interest.
11        After September 8, 1977, any company may  file  with  the
12    Director  a written notice of its election to comply with the
13    provisions of this subsection after a specified  date  before
14    January  1,  1979,  which shall be the operative date of this
15    subsection for such company; provided, a company may elect  a
16    different  operative  date  for  individual  annuity and pure
17    endowment contracts from that elected for group  annuity  and
18    pure  endowment  contracts.   If a company makes no election,
19    the operative date of this subsection for such company  shall
20    be January 1, 1979.
21        (5)  This  subsection shall apply to all annuity and pure
22    endowment  contracts  other  than  group  annuity  and   pure
23    endowment contracts purchased under a retirement plan or plan
24    of  deferred  compensation,  established  or maintained by an
25    employer (including a partnership or sole proprietorship)  or
26    by  an  employee  organization, or by both, other than a plan
27    providing  individual  retirement  accounts   or   individual
28    retirement  annuities  under  Section  408  of  the  Internal
29    Revenue Code, as now or hereafter amended.
30        Reserves  according  to the Commissioners annuity reserve
31    method  for  benefits  under  annuity   or   pure   endowment
32    contracts,  excluding  any  disability  and  accidental death
33    benefits in such contracts, shall  be  the  greatest  of  the
34    respective  excesses  of  the  present values, at the date of
 
SB745 Engrossed             -746-              LRB9101253EGfg
 1    valuation,  of  the  future  guaranteed  benefits,  including
 2    guaranteed  nonforfeiture  benefits,  provided  for  by  such
 3    contracts at the end of each respective contract  year,  over
 4    the  present  value,  at the date of valuation, of any future
 5    valuation   considerations   derived   from   future    gross
 6    considerations,  required by the terms of such contract, that
 7    become payable prior to the end of such  respective  contract
 8    year.   The future guaranteed benefits shall be determined by
 9    using the mortality table, if any, and the interest rate,  or
10    rates, specified in such contracts for determining guaranteed
11    benefits.   The  valuation considerations are the portions of
12    the respective gross considerations applied under  the  terms
13    of such contracts to determine nonforfeiture values.
14        (6) (a)  Applicability   of   this  subsection.  (i)  The
15        interest rates used in determining the  minimum  standard
16        for the valuation of
17                  (A)  all  life  insurance  policies issued in a
18             particular calendar year, on or after the  operative
19             date  of  subsection  (4c)  of  Section  229.2 292.2
20             (Standard Nonforfeiture Law),
21                  (B)  all individual annuity and pure  endowment
22             contracts  issued  in  a  particular  calendar  year
23             ending on or after December 31, 1983,
24                  (C)  all    annuities   and   pure   endowments
25             purchased in a particular calendar year ending on or
26             after December 31, 1983,  under  group  annuity  and
27             pure endowment contracts, and
28                  (D)  the  net increase in a particular calendar
29             year ending after December 31, 1983, in amounts held
30             under guaranteed interest contracts
31        shall be the calendar year statutory  valuation  interest
32        rates, as defined in this subsection.
33             (b)  Calendar   Year  Statutory  Valuation  Interest
34        Rates.
 
SB745 Engrossed             -747-              LRB9101253EGfg
 1                  (i)  The  calendar  year  statutory   valuation
 2             interest  rates shall be determined according to the
 3             following formulae,  rounding  "I"  to  the  nearest
 4             .25%.
 5                       (A)  For life insurance,
 6                       I = .03 + W (R1 - .03) + W/2 (R2 - .09).
 7                       (B)  For    single    premium    immediate
 8                  annuities  and  annuity benefits involving life
 9                  contingencies arising from other annuities with
10                  cash settlement  options  and  from  guaranteed
11                  interest   contracts   with   cash   settlement
12                  options,
13                       I  =  .03  +  W  (R  -  .03) or with prior
14                  approval of the Director I =  .03  +  W  (Rq  -
15                  .03).
16                  For  the purposes of this subparagraph (i), "I"
17             equals  the  calendar   year   statutory   valuation
18             interest  rate,  "R"  is the reference interest rate
19             defined in this subsection, "R1" is the lesser of  R
20             and  .09,  "R2" is the greater of R and .09, "Rq" is
21             the quarterly reference  interest  rate  defined  in
22             this  subsection,  and  "W"  is the weighting factor
23             defined in this subsection.
24                       (C)  For   other   annuities   with   cash
25                  settlement  options  and  guaranteed   interest
26                  contracts  with cash settlement options, valued
27                  on an issue year basis,  except  as  stated  in
28                  (B),  the  formula for life insurance stated in
29                  (A)  applies  to   annuities   and   guaranteed
30                  interest  contracts with guarantee durations in
31                  excess of 10 years, and the formula for  single
32                  premium immediate annuities stated in (B) above
33                  applies  to  annuities  and guaranteed interest
34                  contracts with guarantee durations of 10  years
 
SB745 Engrossed             -748-              LRB9101253EGfg
 1                  or less.
 2                       (D)  For  other  annuities  with  no  cash
 3                  settlement  options and for guaranteed interest
 4                  contracts with no cash settlement options,  the
 5                  formula  for single premium immediate annuities
 6                  stated in (B) applies.
 7                       (E)  For   other   annuities   with   cash
 8                  settlement  options  and  guaranteed   interest
 9                  contracts  with cash settlement options, valued
10                  on a change in  fund  basis,  the  formula  for
11                  single  premium  immediate  annuities stated in
12                  (B) applies.
13                  (ii)  If the calendar year statutory  valuation
14             interest  rate  for any life insurance policy issued
15             in any calendar year determined without reference to
16             this subparagraph  differs  from  the  corresponding
17             actual  rate  for  similar  policies  issued  in the
18             immediately preceding calendar  year  by  less  than
19             .5%,  the calendar year statutory valuation interest
20             rate for such life insurance  policy  shall  be  the
21             corresponding   actual   rate  for  the  immediately
22             preceding calendar year.  For purposes  of  applying
23             this   subparagraph,  the  calendar  year  statutory
24             valuation interest rate for life insurance  policies
25             issued  in  a  calendar year shall be determined for
26             1980, using the reference interest rate defined  for
27             1979,  and  shall  be determined for each subsequent
28             calendar year regardless of when subsection (4c)  of
29             Section  229.2  (Standard Nonforfeiture Law) becomes
30             operative.
31             (c)  Weighting Factors.
32                  (i)  The weighting factors referred to  in  the
33             formulae  stated  in  paragraph (b) are given in the
34             following tables.
 
SB745 Engrossed             -749-              LRB9101253EGfg
 1                       (A)  Weighting Factors for Life Insurance.
 2    Guarantee                                       Weighting
 3    Duration                                         Factors
 4    (Years)
 5    10 or less                                         .50
 6    More than 10, but not more than 20                 .45
 7    More than 20                                       .35
 8                       For life insurance, the guarantee duration
 9                  is  the  maximum  number  of  years  the   life
10                  insurance  can  remain  in  force  on  a  basis
11                  guaranteed  in  the  policy or under options to
12                  convert to plans of life insurance with premium
13                  rates or nonforfeiture values or both which are
14                  guaranteed in the original policy.
15                       (B)  The  weighting  factor   for   single
16                  premium  immediate  annuities  and  for annuity
17                  benefits involving life  contingencies  arising
18                  from   other  annuities  with  cash  settlement
19                  options and guaranteed interest contracts  with
20                  cash settlement options is .80.
21                       (C)  The   weighting   factors  for  other
22                  annuities   and   for    guaranteed    interest
23                  contracts,  except  as  stated  in  (B) of this
24                  subparagraph (i),  shall  be  as  specified  in
25                  tables  (1),  (2), and (3) of this subpart (C),
26                  according to the rules and definitions in  (4),
27                  (5) and (6) of this subpart (C).
28                       (1)  For annuities and guaranteed interest
29                  contracts valued on an issue year basis.
30    Guarantee                                    Weighting Factor
31    Duration                                      for Plan Type
32    (Years)                                          A  B  C
33    5 or less.                                    .80  .60  .50
34    More than 5, but not
 
SB745 Engrossed             -750-              LRB9101253EGfg
 1    more than 10.                                 .75  .60  .50
 2    More than 10, but not
 3    more than 20.                                 .65  .50  .45
 4    More than 20.                                 .45  .35  .35
 5                       (2)  For annuities and guaranteed interest
 6                  contracts valued on a change in fund basis, the
 7                  factors  shown in (1) for Plan Types A, B and C
 8                  are   increased   by   .15,   .25   and    .05,
 9                  respectively.
10                       (3)  For annuities and guaranteed interest
11                  contracts  valued on an issue year basis, other
12                  than those with  no  cash  settlement  options,
13                  which    do    not    guarantee   interest   on
14                  considerations  received  more  than  one  year
15                  after issue or purchase, and for annuities  and
16                  guaranteed   interest  contracts  valued  on  a
17                  change in fund basis  which  do  not  guarantee
18                  interest  rates on considerations received more
19                  than 12 months beyond the valuation  date,  the
20                  factors  shown  in  (1), or derived in (2), for
21                  Plan Types A, B and C are increased by .05.
22                       (4)  For   other   annuities   with   cash
23                  settlement  options  and  guaranteed   interest
24                  contracts  with  cash  settlement  options, the
25                  guarantee duration is the number of  years  for
26                  which the contract guarantees interest rates in
27                  excess of the calendar year statutory valuation
28                  interest  rate for life insurance policies with
29                  guarantee durations in excess of 20 years.  For
30                  other  annuities  with   no   cash   settlement
31                  options,  and for guaranteed interest contracts
32                  with no cash settlement options, the  guarantee
33                  duration  is  the number of years from the date
34                  of issue  or  date  of  purchase  to  the  date
 
SB745 Engrossed             -751-              LRB9101253EGfg
 1                  annuity benefits are scheduled to commence.
 2                       (5)  The  plan  types  used  in  the above
 3                  tables are defined as follows.
 4                       Plan Type A is  a  plan  under  which  the
 5                  policyholder  may  not  withdraw  funds, or may
 6                  withdraw funds at any time but only (a) with an
 7                  adjustment to reflect changes in interest rates
 8                  or asset values since receipt of the  funds  by
 9                  the  insurance  company,  (b)  without  such an
10                  adjustment but in installments over 5 years  or
11                  more, or (c) as an immediate life annuity.
12                       Plan  Type  B  is  a  plan under which the
13                  policyholder  may  not  withdraw  funds  before
14                  expiration of the interest rate  guarantee,  or
15                  may  withdraw  funds before such expiration but
16                  only (a) with an adjustment to reflect  changes
17                  in interest rates or asset values since receipt
18                  of  the  funds by the insurance company, or (b)
19                  without such  adjustment  but  in  installments
20                  over  5  years  or  more.   At  the  end of the
21                  interest rate guarantee, funds may be withdrawn
22                  without such adjustment  in  a  single  sum  or
23                  installments over less than 5 years.
24                       Plan  Type  C  is  a  plan under which the
25                  policyholder   may   withdraw   funds    before
26                  expiration  of the interest rate guarantee in a
27                  single sum or installments  over  less  than  5
28                  years  either (a) without adjustment to reflect
29                  changes in interest rates or asset values since
30                  receipt of the funds by the insurance  company,
31                  or (b) subject only to a fixed surrender charge
32                  stipulated  in  the contract as a percentage of
33                  the fund.
34                       (6)  A  company   may   elect   to   value
 
SB745 Engrossed             -752-              LRB9101253EGfg
 1                  guaranteed   interest   contracts   with   cash
 2                  settlement  options  and  annuities  with  cash
 3                  settlement  options  on  either  an  issue year
 4                  basis or on a change in fund basis.  Guaranteed
 5                  interest  contracts  with  no  cash  settlement
 6                  options  and  other  annuities  with  no   cash
 7                  settlement  options shall be valued on an issue
 8                  year basis.  As used in  this  Section,  "issue
 9                  year  basis of valuation" refers to a valuation
10                  basis under which the  interest  rate  used  to
11                  determine  the  minimum  valuation standard for
12                  the  entire  duration   of   the   annuity   or
13                  guaranteed  interest  contract  is the calendar
14                  year valuation interest rate for  the  year  of
15                  issue  or  year  of  purchase of the annuity or
16                  guaranteed interest contract.  "Change in  fund
17                  basis  of  valuation", as used in this Section,
18                  refers to a valuation  basis  under  which  the
19                  interest  rate  used  to  determine the minimum
20                  valuation standard applicable to each change in
21                  the fund held under the annuity  or  guaranteed
22                  interest   contract   is   the   calendar  year
23                  valuation interest rate for  the  year  of  the
24                  change in the fund.
25             (d)  Reference  Interest  Rate.  (i)  The  reference
26        interest  rate  referred  to  in  paragraph  (b)  of this
27        subsection is defined as follows.
28                  (A)  For  all  life  insurance,  the  reference
29             interest rate is the lesser of the  average  over  a
30             period  of  36 months, and the average over a period
31             of 12 months, with both periods ending on  June  30,
32             or  with  prior  approval  of the Director ending on
33             December 31, of the calendar year next preceding the
34             year of  issue,  of  Moody's  Corporate  Bond  Yield
 
SB745 Engrossed             -753-              LRB9101253EGfg
 1             Average  -  Monthly Average Corporates, as published
 2             by Moody's Investors Service, Inc.
 3                  (B)  For single premium immediate annuities and
 4             for annuity benefits  involving  life  contingencies
 5             arising  from  other  annuities with cash settlement
 6             options and guaranteed interest contracts with  cash
 7             settlement  options,  the reference interest rate is
 8             the average over a period of 12  months,  ending  on
 9             June  30,  or  with  prior  approval of the Director
10             ending on December 31, of the calendar year of issue
11             or year of purchase, of Moody's Corporate Bond Yield
12             Average - Monthly Average Corporates,  as  published
13             by Moody's Investors Service, Inc.
14                  (C)  For annuities with cash settlement options
15             and   guaranteed   interest   contracts   with  cash
16             settlement options, valued on a year of issue basis,
17             except  those  described  in  (B),  with   guarantee
18             durations  in  excess  of  10  years,  the reference
19             interest rate is the lesser of the  average  over  a
20             period of 36 months and the average over a period of
21             12 months, ending on June 30, or with prior approval
22             of  the  Director  ending  on  December  31,  of the
23             calendar year  of  issue  or  purchase,  of  Moody's
24             Corporate   Bond   Yield   Average-Monthly   Average
25             Corporates,   as   published  by  Moody's  Investors
26             Service, Inc.
27                  (D)  For other annuities with  cash  settlement
28             options  and guaranteed interest contracts with cash
29             settlement options, valued on a year of issue basis,
30             except  those  described  in  (B),  with   guarantee
31             durations   of  10  years  or  less,  the  reference
32             interest rate is the average over  a  period  of  12
33             months, ending on June 30, or with prior approval of
34             the  Director ending on December 31, of the calendar
 
SB745 Engrossed             -754-              LRB9101253EGfg
 1             year of issue or purchase, of Moody's Corporate Bond
 2             Yield   Average-Monthly   Average   Corporates,   as
 3             published by Moody's Investors Service, Inc.
 4                  (E)  For  annuities  with  no  cash  settlement
 5             options and for guaranteed interest  contracts  with
 6             no  cash  settlement options, the reference interest
 7             rate is the average over  a  period  of  12  months,
 8             ending  on  June  30,  or with prior approval of the
 9             Director ending on December 31, of the calendar year
10             of issue or  purchase,  of  Moody's  Corporate  Bond
11             Yield   Average-Monthly   Average   Corporates,   as
12             published by Moody's Investors Service, Inc.
13                  (F)  For annuities with cash settlement options
14             and   guaranteed   interest   contracts   with  cash
15             settlement options,  valued  on  a  change  in  fund
16             basis,  except those described in (B), the reference
17             interest rate is the average over  a  period  of  12
18             months, ending on June 30, or with prior approval of
19             the  Director ending on December 31, of the calendar
20             year of the change in the fund, of Moody's Corporate
21             Bond Yield Average-Monthly  Average  Corporates,  as
22             published by Moody's Investors Service, Inc.
23                  (G)  For annuities valued by a formula based on
24             Rq,  the  quarterly reference interest rate is, with
25             the prior approval  of  the  Director,  the  average
26             within  each  of  the  4  consecutive  calendar year
27             quarters ending on March 31, June 30,  September  30
28             and  December  31  of  the calendar year of issue or
29             year of purchase of  Moody's  Corporate  Bond  Yield
30             Average-Monthly  Average Corporates, as published by
31             Moody's Investors Service, Inc.
32             (e)  Alternative Method  for  Determining  Reference
33        Interest  Rates.  In the event that the Moody's Corporate
34        Bond  Yield  Average-Monthly  Average  Corporates  is  no
 
SB745 Engrossed             -755-              LRB9101253EGfg
 1        longer published by Moody's Investors Services, Inc.,  or
 2        in  the  event that the National Association of Insurance
 3        Commissioners  determines  that  Moody's  Corporate  Bond
 4        Yield Average-Monthly Average Corporates as published  by
 5        Moody's  Investors Service, Inc. is no longer appropriate
 6        for the determination of  the  reference  interest  rate,
 7        then  an  alternative  method  for  determination  of the
 8        reference interest rate, which is adopted by the National
 9        Association of Insurance Commissioners  and  approved  by
10        regulations   promulgated   by   the   Director,  may  be
11        substituted.
12        (7)  Minimum Standards for Health  (Disability,  Accident
13    and   Sickness)  Plans.   The  Director  shall  promulgate  a
14    regulation containing the minimum standards applicable to the
15    valuation  of  health  (disability,  sickness  and  accident)
16    plans.
17    (Source: P.A. 87-108; revised 10-31-98.)

18        (215 ILCS 5/267) (from Ch. 73, par. 879)
19        Sec. 267. Subscription requirements - Surplus.
20        (1)  No  assessment  legal  reserve  life  company  shall
21    receive a certificate  of  authority  from  the  Director  to
22    transact  an  insurance  business unless it has 250 bona fide
23    applications from 250  persons  for  life  insurance  in  the
24    aggregate of at least $125,000 and shall have a surplus of at
25    least $100,000.
26        (2)  No  such  company  shall  be  authorized to transact
27    business of the kind specified in clause (b) of  Class  1  of
28    Section 4 until it:
29             (a)  has  qualified  as prescribed in subsection (1)
30        of this Section;
31             (b)  obtains bona fide applications  from  at  least
32        500 persons for insurance of the kind specified in clause
33        (b)  of  Class 1 of Section 4, for not less than $500 500
 
SB745 Engrossed             -756-              LRB9101253EGfg
 1        nor more than $1,000 of maximum liability each;
 2             (c)  collects one full annual  premium  in  cash  on
 3        each application; and
 4             (d)  has  a  surplus, in addition to the requirement
 5        of subsection (1), of at least $100,000.
 6        (3)  Every company subject  to  the  provisions  of  this
 7    Article  and  organized on or after July 15, 1959, shall have
 8    and at all times maintain a  minimum  surplus  in  an  amount
 9    equal  to 2/3 of the original surplus required by subsections
10    (1)  and  (2),  provided,  however,  that  any  such  company
11    organized prior to July 15, 1959, shall have and at all times
12    maintain a minimum surplus in an amount equal to  that  which
13    would have been required immediately prior to July 15, 1959.
14        (4)  All  companies  operating under this Article XVI and
15    authorized  to  transact  any  of  the  types   of   business
16    enumerated in clause (b) of Class 1 of Section 4, in addition
17    to  the  minimum  surplus  required  by paragraph (3) of this
18    Section, shall have and at all times maintain  an  additional
19    minimum surplus of not less than $250,000.
20        (5)  The  Director  shall take action under Section 401.1
21    against any company which fails to  maintain  the  additional
22    minimum  surplus required by this Section.  "Minimum surplus"
23    means the "surplus as regards policyholders", as  it  appears
24    on  the  annual  statement  of  an  assessment company on the
25    annual statement form prescribed by the National  Association
26    of Insurance Commissioners.
27    (Source: P.A. 85-1186; revised 2-24-98.)

28        (215 ILCS 5/333) (from Ch. 73, par. 945)
29        Sec. 333. Membership certificate.
30        (1)  Every  association  shall  issue  a  certificate  of
31    membership  to each member.  The form of certificate shall be
32    submitted to the Director for his approval before same  shall
33    be  issued.   Each certificate issued on and after January 1,
 
SB745 Engrossed             -757-              LRB9101253EGfg
 1    1950, shall contain the following provisions  and  no  others
 2    and shall be printed in clear readable type of uniform sixes,
 3    except  that  the  words  in capital letters in the following
 4    form may be in larger type, and in the case of an association
 5    issuing  certificates  granting  only  death  benefits,   the
 6    provisions with regard to disability may be omitted:
 7                                   ..............................
 8                                   (A Mutual Benefit Association)
 9                                   ..................., Illinois.
10        IN  CONSIDERATION  OF  the membership fee, the receipt of
11    which is hereby acknowledged and the facts  set  out  in  the
12    application  executed  by the member, and the further payment
13    of all assessments required to be paid under  the  conditions
14    of this certificate, on or before the time payable during the
15    continuance  of  the  certificate,  the .... agrees to pay to
16    ...., herein called the beneficiary, if living, or to a  duly
17    substituted  beneficiary,  otherwise  to  the  estate  of the
18    member, upon receipt at its home office in the City of  ....,
19    Illinois,  of  due  proof of death of ...., herein called the
20    member, during continuance of this certificate in full force,
21    subject,  however,   to   the   conditions   and   provisions
22    hereinafter   set  forth,  in  accordance  with  the  amounts
23    scheduled below based on the age of the member at the time he
24    or she became a member.
25        In no case shall the association be liable for an  amount
26    in excess of $1 per member paying the assessment levied for a
27    single  claim,  except  to  the  extent  of the amount in the
28    benefit fund.
29        Upon receipt of satisfactory evidence at the Home  Office
30    of  the  Association  showing  that  the  member  has lost be
31    severance, BOTH HANDS or BOTH FEET, or ONE HAND AND ONE FOOT,
32    or has permanently  lost  the  ENTIRE  SIGHT  OF  BOTH  EYES,
33    through  accidental  means,  independently and exclusively of
34    all other causes,  within  90  days  from  the  date  of  the
 
SB745 Engrossed             -758-              LRB9101253EGfg
 1    accident,  during  the  continuance of this Certificate, then
 2    the sum set forth in the table of benefits herein provided to
 3    be paid and upon the same terms as above provided for a death
 4    benefit,  will  be  paid  to  said  member,  subject  to  the
 5    provisions and conditions hereinafter set forth  in  lieu  of
 6    all  other  benefits; and should the member lose by severance
 7    ONE HAND or ONE FOOT or permanently the ENTIRE SIGHT  OF  ONE
 8    EYE,  through accidental means, independently and exclusively
 9    of all other causes, within 90 days  from  the  date  of  the
10    accident,  during  the  continuance of this Certificate, then
11    1/2 of the sum set forth in  the  table  of  benefits  herein
12    provided   will  be  paid  to  the  member,  subject  to  the
13    provisions and conditions hereinafter set forth  in  lieu  of
14    all  other benefits. Severance shall mean, in case of a foot,
15    severance at or above the ankle; in case of a hand, severance
16    at or above the wrist.
17                   TABLE SHOWING AMOUNT PAYABLE AT
18                    DEATH OF MEMBER ACCORDING TO
19                      AGE AT TIME OF BECOMING A
20                               MEMBER.
21    Age at                                                Maximum
22    Entry                                                 Benefit
23    Nearest Birthday
24    0 to 15 yrs.....................................    $  500.00
25                   Members in this class
26                   upon attaining the age
27                   of 16 automatically become
28                   members of the next
29                   succeeding class.
30    16 to 40 yrs.  $500.00 for first four
31                   months increasing $25.00
32                   per month to.....................     1,000.00
33    41 to 45 yrs.  $400.00 for first four
34                   months increasing $20.00
 
SB745 Engrossed             -759-              LRB9101253EGfg
 1                   per month to.....................       800.00
 2    46 to 50 yrs.  $300.00 for first four
 3                   months increasing $10.00
 4                   per month to.....................       500.00
 5    51 to 55 yrs.  $100.00 for first four
 6                   months increasing $10.00
 7                   per month to.....................       300.00
 8    56 to 60 yrs.  $100.00 for first four
 9                   months increasing $5.00
10                   per month to.....................       200.00
11        The member who holds his or her certificate is subject to
12    assessments  for  the  payment  of  death   claims   of   the
13    association and to assessments for the payment of expenses of
14    the  association  as  provided  for  by  paragraph  13  on  a
15    following page of this certificate.
16        THE  PROVISIONS  under  the  heading "Additional Contract
17    Provisions" (upon the following pages hereof) are a  part  of
18    this  contract  as  fully  as  if  recited over the signature
19    hereto affixed.
20        IN WITNESS WHEREOF, the .... has caused this contract  to
21    be executed at its home office in the City of ...., Illinois,
22    on (insert date). this .... day of ...., 19...
23                                      ............... (President)
24                                      ............... (Secretary)

25                   ADDITIONAL CONTRACT PROVISIONS
26        1.  Health  and Age. The applicant for membership in this
27    association must be in good health, of sound mind and must be
28    between the ages of 0 and sixty years, nearest birthday.
29        2.  Misrepresentations.   This   certificate   and    the
30    application  therefor  shall  constitute  the entire contract
31    with the member. All statements by the member shall,  in  the
32    absence   of   fraud,   be  deemed  representations  and  not
33    warranties, and no such statement shall void this certificate
34    unless contained in the written application, and  a  copy  of
 
SB745 Engrossed             -760-              LRB9101253EGfg
 1    such  application  attached  to or copied on this certificate
 2    when issued, or unless the fact misstated contributes to  the
 3    loss.
 4        3.  When   Certificate   Takes  Effect.  The  association
 5    assumes no liability until  the  certificate  is  issued  and
 6    actually  delivered  to the member during his or her lifetime
 7    and while he or she is alive and in good health and of  sound
 8    mind.
 9        4.  Not  More  Than One Certificate to a Member. Only one
10    certificate of membership may be held by a member. Should any
11    member have more than one uncancelled  certificate  only  the
12    earliest  dated  certificate shall be effective and all other
13    certificates shall be void. All assessments paid on such void
14    certificate shall be repaid to the member.
15        5.  Agent Cannot  Waive  Contract  Provisions.  No  agent
16    shall have authority to make any alterations or modifications
17    in  the  conditions  or the provisions of this certificate of
18    membership, to extend the time of payment of assessments,  to
19    waive  any forfeiture provision or to bind the association by
20    any promises.
21        6.  Assignment. No assignment of this  certificate  shall
22    be binding on the association, and the association assumes no
23    responsibility for the validity of any assignment.
24        7.  Change  of  Beneficiary.  The  member may, by written
25    notification  to  the  association,  change  the  beneficiary
26    without the consent of such beneficiary.
27        8.  Change of Address. The member, when changing  his  or
28    her  address,  shall  at  once notify the association of such
29    change, giving the new address,  and  such  change  shall  be
30    noted  upon  the records of the association. Notice mailed to
31    the last known address of the member, as shown by the records
32    of the association, shall be considered in  all  respects  as
33    due and sufficient notice.
34        9.  Residence  and  Travel. This certificate is free from
 
SB745 Engrossed             -761-              LRB9101253EGfg
 1    restrictions or limitations as to residence and travel.
 2        10.  Incontestability. After this certificate shall  have
 3    been kept in continuous force, during the life of the member,
 4    for   2   full   years  from  date  of  issue,  it  shall  be
 5    incontestable if assessments have been duly paid,  except  as
 6    to  the  limitations  and  exclusions  set forth in paragraph
 7    eleven hereof. If the age of the member has  been  misstated,
 8    the  amount  payable  under this certificate shall be such as
 9    the member would have been entitled to at the  true  age.  If
10    the age at entry is over sixty years the amount payable shall
11    be the full amount of assessments paid in by the member.
12        11.  Limitations  and Exclusions. If death results by the
13    intentional act of any beneficiary of this  certificate,  the
14    benefits  hereunder  shall be payable to the insured member's
15    estate. No benefits will be payable under this certificate if
16    death occurs as  a  result  of  any  of  the  following:  (1)
17    Military   or   naval   service   in   time   of   war;   (2)
18    Self-destruction  while  sane  or insane, if within two years
19    from the date of this certificate; (3) Violation by member of
20    any criminal law.
21        12.  Reinstatement.  After  default  in  payment  of  any
22    assessment  this  certificate  may  be  reinstated   at   the
23    discretion   of  the  board  of  directors  upon  the  member
24    furnishing to the association satisfactory evidence  of  good
25    health  and  paying  the  delinquent  assessment. In case the
26    certificate is lapsed for  30  days  or  more  a  one  dollar
27    reinstatement  fee  shall  be  charged  in  addition  to  any
28    delinquent  assessments.  No  certificate shall be reinstated
29    nor a new certificate issued to any member  within  one  year
30    after  this certificate is lapsed, except upon the payment by
31    such member of an amount equal to all intervening assessments
32    levied by the association.
33        13.  Assessments.  The  association  shall  establish   a
34    benefit fund to be used exclusively for the payment of claims
 
SB745 Engrossed             -762-              LRB9101253EGfg
 1    of  members and the board of directors shall levy assessments
 2    against all members of the association which,  together  with
 3    any  balance  in  the  benefit  fund,  shall be sufficient in
 4    amount to pay all claims in accordance with the schedule  set
 5    out  in  this certificate. The association shall also keep an
 6    expense fund out of which all expenses  of  the  association,
 7    including  salaries  of  officers, shall be paid, and for the
 8    purpose of maintaining such fund each member may be  assessed
 9    not to exceed the maximum amount provided in Section 328.
10        14.  Failure  to  Pay  Assessment. Each assessment is due
11    and payable at the principal office  of  the  association  at
12    ....  within  30  days  from  the  date  of the notice of the
13    assessment. If the member fails to pay the assessment  within
14    the  30  days or fails to remit said assessment by depositing
15    the amount thereof in an envelope properly addressed  to  the
16    association  in  the United States mail by 12 o'clock noon on
17    the 30th day after the date of such notice,  his  certificate
18    may  be  cancelled  by the association by the mailing to such
19    member of a cancellation notice as required by the  Insurance
20    Code of the State of Illinois. If the member fails to pay the
21    assessment  within 10 days from the date of such cancellation
22    notice or fails to remit said assessment  by  depositing  the
23    amount  thereof  in  an  envelope  properly  addressed to the
24    association in the United States mail by 12 o'clock  noon  on
25    the  10th day after the date of such cancellation notice, the
26    member shall cease to  have  any  further  rights  under  the
27    certificate  issued to such member on which the assessment is
28    levied, and said certificate shall then and there be regarded
29    and accepted by the association and the member as  cancelled,
30    terminated  and  void,  but such certificate shall be in full
31    force until the expiration of the 10 day period following the
32    cancellation notice.
33        15.  Notice of Death or Disability. The association shall
34    be notified of the death or disability of a member  within  a
 
SB745 Engrossed             -763-              LRB9101253EGfg
 1    reasonable   time   after   such  death  or  disability.  The
 2    association shall immediately furnish  a  form  of  proof  of
 3    death  or  disability  to the beneficiary or other interested
 4    party. The information required by  the  proof  of  death  or
 5    disability  shall  be  given  and it shall be returned to the
 6    office of the  association.  The  board  of  directors  shall
 7    approve  or  disapprove  a  claim  within  60  days after the
 8    receipt  by  the  association  of  the  proof  of  death   or
 9    disability.  If  the  claim is approved the association shall
10    pay in full the amount  due  according  to  this  certificate
11    within  60 days after approval of the claim.  If the claim is
12    disapproved,  the  association  shall  forthwith  notify  the
13    beneficiary or person filing the proof of death or disability
14    of the reasons for such disapproval.
15        16.  Annual Meeting. The annual meeting of the members of
16    this association shall be held in  the  Home  Office  of  the
17    association  in ...., Illinois, at .... o'clock ... m. N., on
18    the .... day of .... of each year, unless such day  falls  on
19    Sunday  or  a  legal  holiday,  and in such event on the next
20    business  day  succeeding,  for  the  purpose   of   electing
21    directors  and  the transaction of such other business as may
22    be brought before the meeting.    Members  may  vote  at  any
23    annual meeting in person or by proxy.  This certificate shall
24    be  considered  sufficient  notice  of  such  meeting  to all
25    members.
26        17.  Election of Benefits. The  filing  of  a  claim  for
27    disability   benefits   and   the   payment  thereof  by  the
28    association shall constitute an election by  the  insured  to
29    accept  such  disability benefits in lieu and in full payment
30    of all other benefits in the certificate provided.
31        (2)  Prior to January 1, 1950, every association  may  at
32    its  option  adopt  and  use  the  certificate  of membership
33    hereinbefore set forth upon first submitting the form to  the
34    Director  of  Insurance  and  securing  his  or  her approval
 
SB745 Engrossed             -764-              LRB9101253EGfg
 1    thereof.
 2    (Source: P.A. 84-551; revised 10-20-98.)

 3        (215 ILCS 5/338) (from Ch. 73, par. 950)
 4        Sec. 338. Scope of Article.
 5        (1)  This Article shall apply to:
 6             (a)  all societies organized or operating, prior  to
 7        the  effective  date  of this Code, under an Act entitled
 8        "An  Act  relating  to  burial   insurance   societies,",
 9        approved June 10, 1911;
10             (b)  any  person,  firm,  corporation,  society,  or
11        association  of  individuals  engaged  in the business of
12        providing a burial benefit or award for the  payment,  in
13        whole  or  in  part, of funeral, burial or other expenses
14        relating to  deceased  members,  certificate  holders  or
15        subscribers,  by  the  levying  of assessments, or by the
16        charging of a fee or premium.
17        (2)  Each   person,   firm,   corporation,   society   or
18    association mentioned in subsection (1)  is  referred  to  in
19    this  Article  as  a  "burial society" and subscribers to and
20    certificate holders of such a society are referred to in this
21    Article as "members."
22    (Source: Laws 1937, p. 696; revised 10-31-98.)

23        (215 ILCS 5/343) (from Ch. 73, par. 955)
24        Sec. 343. Certificate form.
25        (1)  Every burial society shall issue  a  certificate  of
26    membership  to  each  member,  agreeing  to  pay upon death a
27    specified sum of money not to exceed $1,000, which  specified
28    amount  shall  not  be diminished during the existence of the
29    contract. The form of certificate shall be submitted  to  the
30    Director  for  his  or  her approval before the same shall be
31    issued. Each certificate issued after the effective  date  of
32    this  Code, shall contain the following provisions, and shall
 
SB745 Engrossed             -765-              LRB9101253EGfg
 1    be printed in clear readable type of uniform size except that
 2    the words in capital letters in the following form may be  in
 3    larger type:
 4                                          ............, Illinois.
 5                                               Certificate Number
 6                                               ..................
 7                   ..............................
 8                    (A Burial Insurance Society)
 9        Incorporated under the Illinois Insurance Code.
10        HEREBY  INSURES  the life of ...., hereinafter called the
11    Member.
12        The society hereby agrees to pay to .... Beneficiary, the
13    sum of $...., upon receipt of due proof of the death  of  the
14    member,  such  payment to be paid only in lawful money of the
15    United States.
16        This  certificate  is  issued  in  consideration  of  the
17    application and the  payment  in  advance  of  a  first  ....
18    premium of .... which maintains this certificate in force for
19    a  period  ending  ....  following its date of issue, and the
20    payment of a like sum on the .... day of each .... thereafter
21    during the lifetime of the member.
22        CHANGE  OF  BENEFICIARY.  The  member  may   change   the
23    beneficiary  at  any  time  by giving notice at the principal
24    office of the society.
25        INCONTESTABLE   CLAUSE.   This   certificate   shall   be
26    incontestable after it has been in force during the life-time
27    of the member for 2 years except for non-payment of  premiums
28    provided herein.
29        GRACE  PERIOD. A grace period of 30 days shall be allowed
30    for the payment of any premium after the first, during  which
31    time  this  certificate  shall  be  continued  in full force.
32    Should the member die during such grace  period,  the  unpaid
33    premium  may  be  deducted from the amount otherwise payable.
34    This certificate  shall  be  regarded  and  accepted  by  the
 
SB745 Engrossed             -766-              LRB9101253EGfg
 1    society  and  the  member  as  cancelled  and terminated upon
 2    failure to pay any premium before the expiration of the grace
 3    period.
 4        REINSTATEMENT. This certificate, after default in payment
 5    of any premium, may be reinstated at the  discretion  of  the
 6    Board  of Directors upon the member furnishing to the society
 7    satisfactory  evidence  of  good  health   and   paying   the
 8    delinquent premiums.
 9        CONTRACT.  This certificate and the application therefor,
10    a copy of which is  attached  hereto,  shall  constitute  the
11    entire contract with the member.
12        MISSTATEMENT  OF  AGE.  If the age of the member has been
13    misstated, the amount payable under the certificate shall  be
14    such  as  the  member would have been entitled to at the true
15    age.
16        IN  WITNESS  WHEREOF,  the  society   has   caused   this
17    certificate  to be signed by its duly authorized officers, on
18    (insert date), this .... day of ...., 19..,  which  shall  be
19    the effective date of this certificate.
20                                                .................
21                                                      (Secretary)
22                                                .................
23                                                      (President)
24        (2)  If  the  society is operating on an assessment plan,
25    it may substitute in  lieu  of  the  word  premium  the  word
26    assessment  in  each  case  and may substitute in lieu of the
27    consideration clause contained in the form the following:
28        This  certificate  is  issued  in  consideration  of  the
29    application and the payment in  advance  of  the  first  ....
30    assessment and the further payment of such assessments as may
31    be  levied  from  time  to  time  during  the lifetime of the
32    member.
33    (Source: P.A. 84-551; revised 10-20-98.)
 
SB745 Engrossed             -767-              LRB9101253EGfg
 1        (215 ILCS 5/357.2) (from Ch. 73, par. 969.2)
 2        Sec.  357.2.  "ENTIRE  CONTRACT;  CHANGES:  This  policy,
 3    including the endorsements and the attached papers,  if  any,
 4    constitutes  the  entire  contract of insurance. No change in
 5    this policy shall be valid until  approved  by  an  executive
 6    officer  of  the company and unless such approval be endorsed
 7    hereon or attached hereto.  No agent has authority to  change
 8    this policy or to waive any of its provisions."
 9        (1)  Premium  Notice Required.  No policy of accident and
10    health insurance, as enumerated in  class  1(b)  or  2(a)  of
11    Section  4,  shall  be  declared forfeited or lapsed within 6
12    months after default in payment of any premium installment or
13    interest or any portion thereof, nor shall any such policy be
14    forfeited or lapsed by reason of nonpayment when due  of  any
15    premium,  installment  or  interest,  or any portion thereof,
16    required by the terms of the policy  to  be  paid,  within  6
17    months   from   the  default  in  payment  of  such  premium,
18    installment or interest, unless a written or  printed  notice
19    stating  the amount of such premium, installment, interest or
20    portion thereof due on such policy, the place where it  shall
21    be  paid  and  the  person to whom the same is payable, shall
22    have been duly addressed and mailed with the required postage
23    affixed, to the person insured or to  the  premium  payor  if
24    other  than the insured at the last known post office address
25    of the insured or premium payor, at least  15  days  and  not
26    more  than  45  days  prior  to  the day when same is due and
27    payable before the beginning of the grace period.
28        Such notice shall also state that unless such premium  or
29    other  sum  due shall be paid to the company or its agent the
30    policy and all payments thereon  will  become  forfeited  and
31    void,  except as to any right to a surrender value or paid up
32    policy as provided for by the policy. The  affidavit  of  any
33    officer,   clerk  or  agent  of  the  company  or  of  anyone
34    authorized to mail such notice that the  notice  required  by
 
SB745 Engrossed             -768-              LRB9101253EGfg
 1    this  Section  bearing  the  required  postage  has been duly
 2    addressed and mailed shall be presumptive evidence that  such
 3    notice has been duly given.
 4        If  the  notice  is given in a manner other than mailing,
 5    then physical proof of the receipt  of  such  notice  by  the
 6    proper recipient shall be maintained by the insurer.
 7        (2)  Paragraph  Sec.  357.2 (1) of this Section shall not
 8    apply to cancellable policies  which  are  renewable  at  the
 9    option  of  the company nor shall it apply to group policies,
10    industrial policies, or to any policies upon  which  premiums
11    are payable monthly or at shorter intervals.
12    (Source: P.A. 80-513; revised 2-26-98.)

13        (215 ILCS 5/357.18) (from Ch. 73, par. 969.18)
14        Sec. 357.18. "INSURANCE WITH OTHER COMPANIES: If there be
15    other  valid  coverage,  not  with  this  company,  providing
16    benefits for the same loss on a provision of service basis or
17    on  an  expense  incurred basis and of which this company has
18    not been given written notice  prior  to  the  occurrence  or
19    commencement  of  loss,  the only liability under any expense
20    incurred coverage of this policy shall be for such proportion
21    of the loss as the amount which  would  otherwise  have  been
22    payable  hereunder  plus  the total of the like amounts under
23    all such other valid coverages for the  same  loss  of  which
24    this company had notice bears to the total like amounts under
25    all valid coverages for such loss, and for the return of such
26    portion  of  the  premiums  paid as shall exceed the pro-rata
27    portion for the amount so  determined.  For  the  purpose  of
28    applying this provision when other coverage is on a provision
29    of  service  basis,  the "like amount" of such other coverage
30    shall be taken as the  amount  which  the  services  rendered
31    would have cost in the absence of such coverage."
32        (If  the  foregoing  policy  provision  is  included in a
33    policy  which  also  contains  the  next   following   policy
 
SB745 Engrossed             -769-              LRB9101253EGfg
 1    provision  there  shall  be  added  to  the  caption  of  the
 2    foregoing provision the phrase "--EXPENSE INCURRED BENEFITS".
 3    The  company  may, at its option, include in this provision a
 4    definition of "other valid coverage", approved as to form  by
 5    the  Director,  which  definition shall be limited in subject
 6    matter to  coverage  provided  by  organizations  subject  to
 7    regulation  by  insurance  law or by insurance authorities of
 8    this or any other state of the United States or any  province
 9    of  Canada, and by hospital or medical service organizations,
10    and to any other coverage  the  inclusion  of  which  may  be
11    approved  by  the Director. In the absence of such definition
12    such  term  does  not  include  group  insurance,  automobile
13    medical payments insurance, or coverage provided by  hospital
14    or medical service organizations or by union welfare plans or
15    employer  or  employee benefit organizations. For the purpose
16    of applying the foregoing policy provision  with  respect  to
17    any  insured, any amount of benefit provided for such insured
18    pursuant to any compulsory  benefit  statute  (including  any
19    workers'   compensation   or  employer's  liability  statute)
20    whether provided by a governmental  agency  or  otherwise  is
21    "other  valid  coverage" of which the company has had notice.
22    In applying the foregoing policy  provision  no  third  party
23    liability   coverage   shall  be  included  as  "other  valid
24    coverage".)
25    (Source: P.A. 81-992; revised 10-31-98.)

26        (215 ILCS 5/357.19) (from Ch. 73, par. 969.19)
27        Sec. 357.19. "INSURANCE WITH OTHER COMPANIES: If there be
28    other  valid  coverage,  not  with  this  company,  providing
29    benefits for the same loss on other than an expense  incurred
30    basis  and  of  which this company has not been given written
31    notice prior to the occurrence or commencement of  loss,  the
32    only  liability  for such benefits under this policy shall be
33    for such proportion of  the  indemnities  otherwise  provided
 
SB745 Engrossed             -770-              LRB9101253EGfg
 1    hereunder  for such loss as the like indemnities of which the
 2    company had notice  (including  the  indemnities  under  this
 3    policy)  bear to the total amount of all like indemnities for
 4    such loss, and for the return of such portion of the  premium
 5    paid as shall exceed the pro-rata portion for the indemnities
 6    thus determined."
 7        (If  the  foregoing  policy  provision  is  included in a
 8    policy  which  also  contains  the  next   preceding   policy
 9    provision  there  shall  be  added  to  the  caption  of  the
10    foregoing   provision  the  phrase  "--OTHER  BENEFITS".  The
11    company may, at its  option,  include  in  this  provision  a
12    definition  of "other valid coverage", approved as to form by
13    the Director, which definition shall be  limited  in  subject
14    matter  to  coverage  provided  by  organizations  subject to
15    regulation by insurance law or by  insurance  authorities  of
16    this  or any other state of the United States or any province
17    of Canada, and to any other coverage the inclusion  of  which
18    may  be  approved  by  the  Director.  In the absence of such
19    definition such term does not  include  group  insurance,  or
20    benefits  provided  by  union welfare plans or by employer or
21    employee benefit organizations. For the purpose  of  applying
22    the  foregoing  policy provision with respect to any insured,
23    any amount of benefit provided for such insured  pursuant  to
24    any   compulsory  benefit  statute  (including  any  workers'
25    compensation  or  employer's   liability   statute)   whether
26    provided  by  a  governmental  agency  or otherwise is "other
27    valid coverage" of which  the  company  has  had  notice.  In
28    applying  the  foregoing  policy  provision  no  third  party
29    liability   coverage   shall  be  included  as  "other  valid
30    coverage".)
31    (Source: P.A. 81-992; revised 10-31-98.)

32        (215 ILCS 5/357.20) (from Ch. 73, par. 969.20)
33        Sec. 357.20. "RELATION OF EARNINGS TO INSURANCE:  If  the
 
SB745 Engrossed             -771-              LRB9101253EGfg
 1    total  monthly  amount  of loss of time benefits promised for
 2    the same loss under all valid loss of time coverage upon  the
 3    insured,  whether payable on a weekly or monthly basis, shall
 4    exceed the monthly  earnings  of  the  insured  at  the  time
 5    disability  commenced or his average monthly earnings for the
 6    period of 2 years  immediately  preceding  a  disability  for
 7    which  claim  is  made, whichever is the greater, the company
 8    will be liable only for such  proportionate  amount  of  such
 9    benefits  under  this  policy  as  the amount of such monthly
10    earnings or such average  monthly  earnings  of  the  insured
11    bears  to  the  total amount of monthly benefits for the same
12    loss under all such coverage upon the  insured  at  the  time
13    such  disability commences and for the return of such part of
14    the premiums paid during such 2 years  as  shall  exceed  the
15    pro-rata  amount  of  the  premiums for the benefits actually
16    paid hereunder; but this shall  not  operate  to  reduce  the
17    total  monthly  amount  of  benefits  payable  under all such
18    coverage upon the insured below the sum of $200.00 or the sum
19    of  the  monthly  benefits  specified  in   such   coverages,
20    whichever  is  the  lesser,  nor  shall  it operate to reduce
21    benefits other than those payable for loss of time."
22        (The foregoing policy provision may be inserted only in a
23    policy which the insured has the right to continue  in  force
24    subject  to  its  terms by the timely payment of premiums (1)
25    until at least age 50 or, (2) in the case of a policy  issued
26    after  age  44,  for at least 5 years from its date of issue.
27    The company may, at its option, include in this  provision  a
28    definition  of  "valid loss of time coverage", approved as to
29    form by the Director, which definition shall  be  limited  in
30    subject  matter to coverage provided by governmental agencies
31    or by organizations subject to regulation by insurance law or
32    by insurance authorities of this or any other  state  of  the
33    United  States  or  any  province  of Canada, or to any other
34    coverage the inclusion  of  which  may  be  approved  by  the
 
SB745 Engrossed             -772-              LRB9101253EGfg
 1    Director or any combination of such coverages. In the absence
 2    of  such  definition  such term does not include any coverage
 3    provided for such insured pursuant to any compulsory  benefit
 4    statute  (including  any  workers' compensation or employer's
 5    liability statute), or benefits  provided  by  union  welfare
 6    plans or by employer or employee benefit organizations.)
 7    (Source: P.A. 81-992; revised 10-31-98.)

 8        (215 ILCS 5/408) (from Ch. 73, par. 1020)
 9        Sec. 408.  Fees and charges.
10        (1)  The  Director  shall charge, collect and give proper
11    acquittances for  the  payment  of  the  following  fees  and
12    charges:
13             (a)  For  filing  all  documents  submitted  for the
14        incorporation  or  organization  or  certification  of  a
15        domestic company, except for a fraternal benefit society,
16        $1,000.
17             (b)  For filing  all  documents  submitted  for  the
18        incorporation  or  organization  of  a  fraternal benefit
19        society, $250.
20             (c)  For   filing   amendments   to   articles    of
21        incorporation    and   amendments   to   declaration   of
22        organization, except for a fraternal benefit  society,  a
23        mutual  benefit  association,  a burial society or a farm
24        mutual, $100.
25             (d)  For   filing   amendments   to   articles    of
26        incorporation  of  a  fraternal benefit society, a mutual
27        benefit association or a burial society, $50.
28             (e)  For   filing   amendments   to   articles    of
29        incorporation of a farm mutual, $25.
30             (f)  For filing bylaws or amendments thereto, $25.
31             (g)  For    filing    agreement    of    merger   or
32        consolidation:
33                  (i)  for  a  domestic  company,  except  for  a
 
SB745 Engrossed             -773-              LRB9101253EGfg
 1             fraternal  benefit   society,   a   mutual   benefit
 2             association,  a  burial  society,  or a farm mutual,
 3             $1,000.
 4                  (ii)  for a foreign or  alien  company,  except
 5             for a fraternal benefit society, $300.
 6                  (iii)  for   a  fraternal  benefit  society,  a
 7             mutual benefit association, a burial society,  or  a
 8             farm mutual, $100.
 9             (h)  For  filing  agreements  of  reinsurance  by  a
10        domestic company, $100.
11             (i)  For filing all documents submitted by a foreign
12        or  alien  company to be admitted to transact business or
13        accredited as a reinsurer in this  State,  except  for  a
14        fraternal benefit society, $2,500.
15             (j)  For filing all documents submitted by a foreign
16        or  alien  fraternal  benefit  society  to be admitted to
17        transact business in this State, $250.
18             (k)  For  filing  declaration  of  withdrawal  of  a
19        foreign or alien company, $25.
20             (l)  For filing annual statement, except a fraternal
21        benefit society, a mutual benefit association,  a  burial
22        society, or a farm mutual, $100.
23             (m)  For  filing  annual  statement  by  a fraternal
24        benefit society, $50.
25             (n)  For filing annual statement by a farm mutual, a
26        mutual benefit association, or a burial society, $25.
27             (o)  For  issuing  a  certificate  of  authority  or
28        renewal thereof except to a  fraternal  benefit  society,
29        $100.
30             (p)  For  issuing  a  certificate  of  authority  or
31        renewal thereof to a fraternal benefit society, $50.
32             (q)  For   issuing   an   amended   certificate   of
33        authority, $25.
34             (r)  For  each  certified  copy  of  certificate  of
 
SB745 Engrossed             -774-              LRB9101253EGfg
 1        authority, $10.
 2             (s)  For  each certificate of deposit, or valuation,
 3        or compliance or surety certificate, $10.
 4             (t)  For copies of papers or records per page, $1.
 5             (u)  For each certification to copies of  papers  or
 6        records, $10.
 7             (v)  For    multiple    copies   of   documents   or
 8        certificates listed in subparagraphs (r), (s), and (u) of
 9        paragraph (1) of this Section, $10 for the first copy  of
10        a certificate of any type and $5 for each additional copy
11        of  the  same  certificate  requested  at  the same time,
12        unless, pursuant to paragraph (2) of  this  Section,  the
13        Director finds these additional fees excessive.
14             (w)  For issuing a permit to sell shares or increase
15        paid-up capital:
16                  (i)  in   connection   with   a   public  stock
17             offering, $150;
18                  (ii)  in any other case, $50.
19             (x)  For issuing any other certificate  required  or
20        permissible under the law, $25.
21             (y)  For filing a plan of exchange of the stock of a
22        domestic    stock    insurance   company,   a   plan   of
23        demutualization of a domestic mutual company, or  a  plan
24        of reorganization under Article XII, $1,000.
25             (z)  For  filing  a  statement  of  acquisition of a
26        domestic company as defined  in  Section  131.4  of  this
27        Code, $1,000.
28             (aa)  For   filing  an  agreement  to  purchase  the
29        business of an organization authorized under  the  Dental
30        Service  Plan  Act or the Voluntary Health Services Plans
31        Act or of a health maintenance organization or a  limited
32        health service organization, $1,000.
33             (bb)  For  filing  a  statement  of acquisition of a
34        foreign or alien insurance company as defined in  Section
 
SB745 Engrossed             -775-              LRB9101253EGfg
 1        131.12a of this Code, $500.
 2             (cc)  For   filing   a   registration  statement  as
 3        required in Sections 131.13 and 131.14, the  notification
 4        as  required by Sections 131.16, 131.20a, or 141.4, or an
 5        agreement or transaction required by  Sections  124.2(2),
 6        141, 141a, or 141.1, $100.
 7             (dd)  For filing an application for licensing of:
 8                  (i)  a  religious  or  charitable  risk pooling
 9             trust or a workers' compensation pool, $500;
10                  (ii)  a workers' compensation service  company,
11             $250;
12                  (iii)  a  self-insured  automobile fleet, $100;
13             or
14                  (iv)  a renewal of or amendment of any  license
15             issued pursuant to (i), (ii), or (iii) above, $50.
16             (ee)  For  filing  articles  of  incorporation for a
17        syndicate to engage in the business of insurance  through
18        the Illinois Insurance Exchange, $1,000.
19             (ff)  For  filing  amended articles of incorporation
20        for a syndicate engaged  in  the  business  of  insurance
21        through the Illinois Insurance Exchange, $50.
22             (gg)  For  filing  articles  of  incorporation for a
23        limited syndicate  to  join  with  other  subscribers  or
24        limited  syndicates  to  do business through the Illinois
25        Insurance Exchange, $500.
26             (hh)  For filing amended articles  of  incorporation
27        for  a  limited  syndicate  to  do  business  through the
28        Illinois Insurance Exchange, $50.
29             (ii)  For a permit to  solicit  subscriptions  to  a
30        syndicate or limited syndicate, $50.
31             (jj)  For  the  filing  of  each form as required in
32        Section 143 of this Code, $25  per  form.   The  fee  for
33        advisory and rating organizations shall be $100 per form.
34                  (i)  For  the  purposes of the form filing fee,
 
SB745 Engrossed             -776-              LRB9101253EGfg
 1             filings made on insert page basis will be considered
 2             one form at the time  of  its  original  submission.
 3             Changes  made  to  a form subsequent to its approval
 4             shall be considered a new filing.
 5                  (ii)  Only one fee shall be charged for a form,
 6             regardless of the number of other forms or  policies
 7             with which it will be used.
 8                  (iii)  Fees  charged  for  a policy filed as it
 9             will be issued regardless of  the  number  of  forms
10             comprising  that  policy  shall  not  exceed $500 or
11             $1000 for advisory or rating organizations.
12                  (iv)  The Director may  by  rule  exempt  forms
13             from such fees.
14             (kk)  For  filing  an application for licensing of a
15        reinsurance intermediary, $250.
16             (ll)  For filing an application  for  renewal  of  a
17        license of a reinsurance intermediary, $100.
18        (2)  When  printed  copies or numerous copies of the same
19    paper or records are furnished or certified, the Director may
20    reduce such fees for copies if he finds them  excessive.   He
21    may,  when  he  considers  it in the public interest, furnish
22    without charge to state  insurance  departments  and  persons
23    other  than  companies, copies or certified copies of reports
24    of examinations and of other papers and records.
25        (3)  The expenses incurred in any performance examination
26    authorized by law shall be paid  by  the  company  or  person
27    being examined. The charge shall be reasonably related to the
28    cost   of  the  examination  including  but  not  limited  to
29    compensation of examiners, electronic data processing  costs,
30    supervision  and  preparation  of  an  examination report and
31    lodging and travel expenses. All lodging and travel  expenses
32    shall  be in accord with the applicable travel regulations as
33    published by the Department of  Central  Management  Services
34    and  approved  by the Governor's Travel Control Board, except
 
SB745 Engrossed             -777-              LRB9101253EGfg
 1    that out-of-state lodging  and  travel  expenses  related  to
 2    examinations   authorized  under  Section  132  shall  be  in
 3    accordance  with  travel  rates  prescribed  under  paragraph
 4    301-7.2 of the Federal Travel Regulations, 41 C.F.R. 301-7.2,
 5    for reimbursement of  subsistence  expenses  incurred  during
 6    official  travel.   All  lodging  and  travel expenses may be
 7    reimbursed directly upon authorization of the Director.  With
 8    the  exception of the direct reimbursements authorized by the
 9    Director, all performance examination  charges  collected  by
10    the  Department  shall  be  paid  to  the Insurance Producers
11    Administration Fund, however, the electronic data  processing
12    costs  incurred  by  the Department in the performance of any
13    examination shall be billed directly  to  the  company  being
14    examined  for  payment  to the Statistical Services Revolving
15    Fund.
16        (4)  At the  time  of  any  service  of  process  on  the
17    Director  as  attorney  for  such service, the Director shall
18    charge and collect the sum of $10.00, which may be  recovered
19    as  taxable  costs by the party to the suit or action causing
20    such service to be made  if  he  prevails  in  such  suit  or
21    action.
22        (5) (a)  The   costs   incurred   by  the  Department  of
23    Insurance in conducting any hearing authorized by  law  shall
24    be  assessed  against  the  parties  to  the  hearing in such
25    proportion as the Director of Insurance  may  determine  upon
26    consideration  of  all relevant circumstances including:  (1)
27    the nature of  the  hearing;  (2)  whether  the  hearing  was
28    instigated  by,  or  for the benefit of a particular party or
29    parties; (3) whether there  is  a  successful  party  on  the
30    merits  of  the  proceeding;  and  (4) the relative levels of
31    participation by the parties.
32        (b)  For purposes of this subsection (5)  costs  incurred
33    shall mean the hearing officer fees, court reporter fees, and
34    travel  expenses  of  Department  of  Insurance  officers and
 
SB745 Engrossed             -778-              LRB9101253EGfg
 1    employees; provided however, that costs  incurred  shall  not
 2    include  hearing  officer  fees or court reporter fees unless
 3    the Department  has  retained  the  services  of  independent
 4    contractors or outside experts to perform such functions.
 5        (c)  The  Director  shall  make  the  assessment of costs
 6    incurred as part of the final order or decision  arising  out
 7    of  the  proceeding;  provided,  however,  that such order or
 8    decision shall include findings and conclusions in support of
 9    the assessment of costs.  This subsection (5)  shall  not  be
10    construed as permitting the payment of travel expenses unless
11    calculated   in   accordance   with   the  applicable  travel
12    regulations of the Department of Central Management Services,
13    as approved by the  Governor's  Travel  Control  Board.   The
14    Director  as part of such order or decision shall require all
15    assessments for hearing officer fees and court reporter fees,
16    if any, to be paid directly to the hearing officer  or  court
17    reporter  by  the  party(s)  assessed  for  such  costs.  The
18    assessments  for  travel  expenses of Department officers and
19    employees shall be reimbursable to the Director of  Insurance
20    for  deposit to the fund out of which those expenses had been
21    paid.
22        (d)  The provisions of this subsection (5) shall apply in
23    the  case  of  any  hearing  conducted  by  the  Director  of
24    Insurance not otherwise specifically provided for by law.
25        (6)  The Director shall  charge  and  collect  an  annual
26    financial  regulation  fee  from  every  domestic company for
27    examination and analysis of its financial  condition  and  to
28    fund  the  internal  costs  and  expenses  of  the Interstate
29    Insurance Receivership Commission as may be allocated to  the
30    State  of  Illinois and companies doing an insurance business
31    in this  State  pursuant  to  Article  X  of  the  Interstate
32    Insurance Receivership Compact.  The fee shall be the greater
33    fixed  amount based upon the combination of nationwide direct
34    premium income and  nationwide  reinsurance  assumed  premium
 
SB745 Engrossed             -779-              LRB9101253EGfg
 1    income   or   upon  admitted  assets  calculated  under  this
 2    subsection as follows:
 3             (a)  Combination of nationwide direct premium income
 4        and nationwide reinsurance assumed premium.
 5                  (i)  $100, if the premium is less than $500,000
 6             and there is no reinsurance assumed premium;
 7                  (ii)  $500, if the premium is $500,000 or more,
 8             but less than $5,000,000 and there is no reinsurance
 9             assumed premium; or if  the  premium  is  less  than
10             $5,000,000  and  the  reinsurance assumed premium is
11             less than $10,000,000;
12                  (iii)  $2,500, if  the  premium  is  less  than
13             $5,000,000  and  the  reinsurance assumed premium is
14             $10,000,000 or more;
15                  (iv)  $5,000, if the premium is  $5,000,000  or
16             more, but less than $10,000,000;
17                  (v)  $12,000,  if the premium is $10,000,000 or
18             more, but less than $25,000,000;
19                  (vi)  $15,000, if the premium is $25,000,000 or
20             more, but less than $50,000,000;
21                  (vii)  $20,000, if the premium  is  $50,000,000
22             or more, but less than $100,000,000;
23                  (viii)  $25,000, if the premium is $100,000,000
24             or more.
25             (b)  Admitted assets.
26                  (i)  $100,  if  admitted  assets  are less than
27             $1,000,000;
28                  (ii)  $500, if admitted assets  are  $1,000,000
29             or more, but less than $5,000,000;
30                  (iii)  2,500, if admitted assets are $5,000,000
31             or more, but less than $25,000,000;
32                  (iv)  $5,000,    if    admitted    assets   are
33             $25,000,000 or more, but less than $50,000,000;
34                  (v)  $12,000,   if    admitted    assets    are
 
SB745 Engrossed             -780-              LRB9101253EGfg
 1             $50,000,000 or more, but less than $100,000,000;
 2                  (vi)  $15,000,    if    admitted   assets   are
 3             $100,000,000 or more, but less than $500,000,000;
 4                  (vii)  $20,000,   if   admitted   assets    are
 5             $500,000,000 or more, but less than $1,000,000,000;
 6                  (viii)  $25,000,   if   admitted   assets   are
 7             $1,000,000,000 or more.
 8             (c)  The sum of financial regulation fees charged to
 9        the domestic companies of the same affiliated group shall
10        not  exceed  $100,000 in the aggregate in any single year
11        and shall be billed by the Director to the member company
12        designated by the group.
13        (7)  The Director shall  charge  and  collect  an  annual
14    financial regulation fee from every foreign or alien company,
15    except  fraternal  benefit societies, for the examination and
16    analysis of its financial condition and to fund the  internal
17    costs  and  expenses of the Interstate Insurance Receivership
18    Commission as may be allocated to the State of  Illinois  and
19    companies  doing an insurance business in this State pursuant
20    to  Article  X  of  the  Interstate  Insurance   Receivership
21    Compact.  The fee shall be a fixed amount based upon Illinois
22    direct  premium  income  and  nationwide  reinsurance assumed
23    premium income in accordance with the following schedule:
24             (a)  $100, if the premium is less than $500,000  and
25        there is no reinsurance assumed premium;
26             (b)  $500,  if  the premium is $500,000 or more, but
27        less than $5,000,000 and there is no reinsurance  assumed
28        premium;  or  if  the premium is less than $5,000,000 and
29        the reinsurance assumed premium is less than $10,000,000;
30             (c)  $2,500, if the premium is less than  $5,000,000
31        and  the  reinsurance  assumed  premium is $10,000,000 or
32        more;
33             (d)  $5,000, if the premium is $5,000,000  or  more,
34        but less than $10,000,000;
 
SB745 Engrossed             -781-              LRB9101253EGfg
 1             (e)  $12,000, if the premium is $10,000,000 or more,
 2        but less than $25,000,000;
 3             (f)  $15,000, if the premium is $25,000,000 or more,
 4        but less than $50,000,000;
 5             (g)  $20,000, if the premium is $50,000,000 or more,
 6        but less than $100,000,000;
 7             (h)  $25,000,  if  the  premium  is  $100,000,000 or
 8        more.
 9        The  sum  of  financial  regulation   fees   under   this
10    subsection  (7)  charged  to  the  foreign or alien companies
11    within the same affiliated group shall not exceed $100,000 in
12    the aggregate in any single year and shall be billed  by  the
13    Director to the member company designated by the group.
14        (8)  Beginning  January 1, 1992, the financial regulation
15    fees imposed under subsections (6) and (7)  of  this  Section
16    shall  be  paid  by each company or domestic affiliated group
17    annually.  After January 1, 1994, the fee shall be billed  by
18    Department invoice based upon the company's premium income or
19    admitted  assets  as  shown  in  its annual statement for the
20    preceding calendar year.  The invoice is due upon receipt and
21    must be paid no later than June 30  of  each  calendar  year.
22    All  financial  regulation  fees  collected by the Department
23    shall be paid to the  Insurance  Financial  Regulation  Fund.
24    The  Department  may  not collect financial examiner per diem
25    charges from companies subject to subsections (6) and (7)  of
26    this  Section undergoing financial examination after June 30,
27    1992.
28        (9)  In addition to the financial regulation fee required
29    by  this  Section,  a  company   undergoing   any   financial
30    examination  authorized  by law shall pay the following costs
31    and expenses incurred by the  Department:    electronic  data
32    processing  costs,  the  expenses  authorized  under  Section
33    131.21  and subsection (d) of Section 132.4 of this Code, and
34    lodging and travel expenses.
 
SB745 Engrossed             -782-              LRB9101253EGfg
 1        Electronic  data  processing  costs   incurred   by   the
 2    Department  in  the  performance  of any examination shall be
 3    billed directly to the  company  undergoing  examination  for
 4    payment  to  the Statistical Services Revolving Fund.  Except
 5    for direct  reimbursements  authorized  by  the  Director  or
 6    direct  payments  made under Section 131.21 or subsection (d)
 7    of Section 132.4 of this Code, all financial regulation  fees
 8    and  all  financial  examination  charges  collected  by  the
 9    Department   shall   be   paid  to  the  Insurance  Financial
10    Regulation Fund.
11        All lodging and travel expenses shall  be  in  accordance
12    with   applicable   travel   regulations   published  by  the
13    Department of Central Management Services and approved by the
14    Governor's Travel Control  Board,  except  that  out-of-state
15    lodging   and   travel   expenses   related  to  examinations
16    authorized under Sections 132.1 through  132.7  shall  be  in
17    accordance  with  travel  rates  prescribed  under  paragraph
18    301-7.2 of the Federal Travel Regulations, 41 C.F.R. 301-7.2,
19    for  reimbursement  of  subsistence  expenses incurred during
20    official travel.  All lodging  and  travel  expenses  may  be
21    reimbursed directly upon the authorization of the Director.
22        In  the  case of an organization or person not subject to
23    the financial regulation fee, the expenses  incurred  in  any
24    financial  examination authorized by law shall be paid by the
25    organization or person being examined.  The charge  shall  be
26    reasonably  related to the cost of the examination including,
27    but not limited to, compensation of examiners and other costs
28    described in this subsection.
29        (10)  Any company, person, or entity failing to make  any
30    payment  of $100 or more as required under this Section shall
31    be subject to the penalty and  interest  provisions  provided
32    for in subsections (4) and (7) of Section 412.
33        (11)  Unless   otherwise   specified,  all  of  the  fees
34    collected under this Section shall be paid into the Insurance
 
SB745 Engrossed             -783-              LRB9101253EGfg
 1    Financial Regulation Fund.
 2        (12)  For purposes of this Section:
 3             (a)  "Domestic company" means a company  as  defined
 4        in  Section  2  of  this  Code  which  is incorporated or
 5        organized under the laws of this State, and  in  addition
 6        includes  a  not-for-profit  corporation authorized under
 7        the Dental  Service  Plan  Act,  Pharmaceutical,  or  the
 8        Voluntary  Health  Services  Plans Act Service Plan Acts,
 9        and a health  maintenance  organization,  and  a  limited
10        health service organization.;
11             (b)  "Foreign company" means a company as defined in
12        Section 2 of this Code which is incorporated or organized
13        under  the  laws  of any state of the United States other
14        than  this  State  and  in  addition  includes  a  health
15        maintenance organization and  a  limited  health  service
16        organization which is incorporated or organized under the
17        laws  of  any  state of the United States other than this
18        State.;
19             (c)  "Alien company" means a company as  defined  in
20        Section 2 of this Code which is incorporated or organized
21        under  the  laws  of  any  country  other than the United
22        States.;
23             (d)  "Fraternal    benefit    society"    means    a
24        corporation,   society,   order,   lodge   or   voluntary
25        association as defined in Section 282.1 of this Code.;
26             (e)  "Mutual benefit association" means  a  company,
27        association  or corporation authorized by the Director to
28        do business in this State under the provisions of Article
29        XVIII of this Code.;
30             (f)  "Burial  society"   means   a   person,   firm,
31        corporation,   society   or  association  of  individuals
32        authorized by the Director to do business in  this  State
33        under the provisions of Article XIX of this Code.; and
34             (g)  "Farm  mutual"  means  a  district,  county and
 
SB745 Engrossed             -784-              LRB9101253EGfg
 1        township  mutual  insurance  company  authorized  by  the
 2        Director  to  do  business  in  this  State   under   the
 3        provisions  of  the  Farm Mutual Insurance Company Act of
 4        1986.
 5    (Source: P.A.  89-97,  eff.  7-7-95;  89-247,  eff.   1-1-96;
 6    89-626,  eff.  8-9-96;  90-177,  eff.  7-23-97;  90-583, eff.
 7    5-29-98; revised 10-31-98.)

 8        (215 ILCS 5/415) (from Ch. 73, par. 1027)
 9        Sec.  415.  No  taxes  to   be   imposed   by   political
10    subdivisions  sub-divisions.   The  fees,  charges  and taxes
11    provided for by this Article shall be in lieu of all  license
12    fees or privilege or occupation taxes or other fees levied or
13    assessed  by  any  municipality,  county  or  other political
14    subdivision of this State, and  no  municipality,  county  or
15    other  political  subdivision  of this State shall impose any
16    license fee or privilege or occupation tax or  fee  upon  any
17    domestic,  foreign  or  alien  company,  or  upon  any of its
18    agents, for the privilege  of  doing  an  insurance  business
19    therein,  except the tax authorized by Division 10 of Article
20    11  of  the  Illinois  Municipal  Code,  as  heretofore   and
21    hereafter  amended.   This  Section shall not be construed to
22    prohibit the levy and collection of:
23             (a)  State, county or municipal taxes upon the  real
24        and  personal  property  of such a company, including the
25        tax imposed by Section Sec. 414 of this Code, and
26             (b)  taxes for the purpose of maintaining the Office
27        of the State Fire Marshal of this State  and  paying  the
28        expenses incident thereto.
29    (Source: Laws 1967, p. 2716; revised 2-25-98.)

30        (215 ILCS 5/531.03) (from Ch. 73, par. 1065.80-3)
31        Sec. 531.03.  Coverage and limitations.
32        (1)  This Article shall provide coverage for the policies
 
SB745 Engrossed             -785-              LRB9101253EGfg
 1    and contracts specified in paragraph (2) of this Section:
 2             (a)  to persons who, regardless of where they reside
 3        (except  for non-resident certificate holders under group
 4        policies or contracts), are the beneficiaries,  assignees
 5        or  payees  of  the  persons  covered  under subparagraph
 6        (1)(b), and
 7             (b)  to persons who are  owners  of  or  certificate
 8        holders under such policies or contracts; or, in the case
 9        of  unallocated annuity contracts, to the persons who are
10        the contract holders, and who
11                  (i)  are residents of this State, or
12                  (ii)  are not residents, but only under all  of
13             the following conditions:
14                       (A)  the   insurers   which   issued  such
15                  policies or contracts  are  domiciled  in  this
16                  State;
17                       (B)  such insurers never held a license or
18                  certificate of authority in the states in which
19                  such persons reside;
20                       (C)  such states have associations similar
21                  to the association created by this Act; and
22                       (D)  such  persons  are  not  eligible for
23                  coverage by such associations.
24        (2)(a)  This  Article  shall  provide  coverage  to   the
25    persons  specified  in  paragraph  (l)  of  this  Section for
26    direct, (i) nongroup life, health, annuity  and  supplemental
27    policies,  or  contracts,  (ii) for certificates under direct
28    group policies or contracts, (iii)  for  unallocated  annuity
29    contracts  and  (iv)  for  contracts  to  furnish health care
30    services and subscription certificates for medical or  health
31    care   services   issued  by  persons  licensed  to  transact
32    insurance business in this State under the Illinois Insurance
33    Code. Annuity contracts and certificates under group  annuity
34    contracts   include   but   are  not  limited  to  guaranteed
 
SB745 Engrossed             -786-              LRB9101253EGfg
 1    investment  contracts,  deposit   administration   contracts,
 2    unallocated funding agreements, allocated funding agreements,
 3    structured  settlement  agreements, lottery contracts and any
 4    immediate or deferred annuity contracts.
 5        (b)  This Article shall not provide coverage for:
 6             (i)  that  portion  or  part  of  such  policies  or
 7        contracts  under  which  the  risk  is   borne   by   the
 8        policyholder;  provided  however,  that  nothing  in this
 9        subparagraph (i) shall make this Article inapplicable  to
10        assessment   life   and  accident  and  health  insurance
11        policies or contracts; or
12             (ii)  any such policy or contract  or  part  thereof
13        assumed  by  the  impaired  or  insolvent insurer under a
14        contract of reinsurance, other than reinsurance for which
15        assumption certificates have been issued; or
16             (iii)  any portion of a policy or  contract  to  the
17        extent  such portion represents an accrued value that the
18        rate of interest on which it is accrued
19                  (A)  averaged over the  period  of  four  years
20             prior  to  the date on which the Association becomes
21             obligated with respect to such policy  or  contract,
22             exceeds a rate of interest determined by subtracting
23             two  percentage  points  from Moody's Corporate Bond
24             Yield Average  averaged  for  that  same  four  year
25             period  or  for  such lesser period if the policy or
26             contract was issued less than four years before  the
27             Association became obligated; and
28                  (B)  on   and  after  the  date  on  which  the
29             Association becomes obligated with respect  to  such
30             policy  or  contract,  exceeds  the rate of interest
31             determined by subtracting  three  percentage  points
32             from  Moody's  Corporate  Bond Yield Average as most
33             recently available; or
34             (iv)  any unallocated annuity contract issued to  an
 
SB745 Engrossed             -787-              LRB9101253EGfg
 1        employee benefit plan protected under the federal Pension
 2        Benefit Guaranty Corporation; or and
 3             (v)  any portion of any unallocated annuity contract
 4        which  is  not issued to or in connection with a specific
 5        employee, union or association of natural persons benefit
 6        plan or a government lottery; or.
 7             (vi)  any burial society organized under Article XIX
 8        of this Act,  any  fraternal  benefit  society  organized
 9        under  Article  XVII  of  this  Act,  any  mutual benefit
10        association organized under Article XVIII  of  this  Act,
11        and  any foreign fraternal benefit society licensed under
12        Article VI of this Act; or
13             (vii)  any    health    maintenance     organization
14        established    pursuant   to   the   Health   Maintenance
15        Organization  Act  including   any   health   maintenance
16        organization business of a member insurer; or
17             (viii)  any   health   services   plan   corporation
18        established  pursuant  to  the  Voluntary Health Services
19        Plans Act; or
20             (ix)  (blank); or
21             (x)  any dental service plan corporation established
22        pursuant to the Dental Service Plan Act; or
23             (xi)  any stop-loss insurance, as defined in  clause
24        (b) of Class 1 or clause (a) of Class 2 of Section 4, and
25        further defined in subsection (d) of Section 352; or
26             (xii)  that  portion  or  part  of  a  variable life
27        insurance or variable annuity contract not guaranteed  by
28        an insurer.
29        (3)  The  benefits  for  which the Association may become
30    liable shall in no event exceed the lesser of:
31             (a)  the  contractual  obligations  for  which   the
32        insurer  is  liable  or would have been liable if it were
33        not an impaired or insolvent insurer, or
34             (b)(i)  with respect to any one life, regardless  of
 
SB745 Engrossed             -788-              LRB9101253EGfg
 1        the number of policies or contracts:
 2                  (A)  $300,000 in life insurance death benefits,
 3             but not more than $100,000 in net cash surrender and
 4             net cash withdrawal values for life insurance;
 5                  (B)  $300,000  in  health  insurance  benefits,
 6             including  any  net  cash  surrender  and  net  cash
 7             withdrawal values;
 8                  (C)  $100,000  in  the present value of annuity
 9             benefits, including net cash surrender and net  cash
10             withdrawal values;
11             (ii)  with  respect to each individual participating
12        in  a  governmental  retirement  plan  established  under
13        Section 401, 403(b) or 457 of the U.S.  Internal  Revenue
14        Code  covered  by  an unallocated annuity contract or the
15        beneficiaries of each such individual if deceased, in the
16        aggregate, $100,000 in present  value  annuity  benefits,
17        including  net  cash  surrender  and  net cash withdrawal
18        values; provided, however, that in  no  event  shall  the
19        Association be liable to expend more than $300,000 in the
20        aggregate  with  respect  to  any  one  individual  under
21        subparagraph (1) and this subparagraph;:
22             (iii)  with  respect  to  any  one  contract  holder
23        covered  by any unallocated annuity contract not included
24        in  subparagraph  (3)(b)(ii)  of  this   Section   above,
25        $5,000,000  in  benefits,  irrespective  of the number of
26        such contracts held by that contract holder.
27    (Source: P.A. 90-177, eff. 7-23-97; revised 10-31-98.)

28        (215 ILCS 5/803.1)
29        Sec. 803.1. Establishment of Fund.
30        (a)  There is established a  fund  to  be  known  as  the
31    "Illinois  Mine  Subsidence  Insurance Fund".  The Fund shall
32    operate pursuant to this Article.  The Fund is authorized  to
33    transact business, provide services, enter into contracts and
 
SB745 Engrossed             -789-              LRB9101253EGfg
 1    sue or be sued in its own name.
 2        (b)  The   Fund   shall   provide  reinsurance  for  mine
 3    subsidence losses to all  insurers  writing  mine  subsidence
 4    insurance pursuant to this Article.
 5        (c)  The  monies  in  the  Fund  shall  be  derived  from
 6    premiums for mine subsidence insurance collected on behalf of
 7    the Fund pursuant to this Article, from investment income and
 8    from  receipt  of  Federal  or State funds.  No insurer shall
 9    have any liability to the Fund or  to  any  creditor  of  the
10    Fund,  except  as  may  be  set forth in this Article, in the
11    Articles of Governance which may be adopted by the Fund, in a
12    reinsurance agreement executed pursuant to Section  paragraph
13    810.1,  in  the Plan of Operation established by the Fund, or
14    in the rules and procedures adopted by the Fund as authorized
15    by the reinsurance agreement.
16        (d)  The  Fund  shall   establish   the   rates,   rating
17    schedules,  deductibles and retentions, minimum premiums, and
18    classifications for mine subsidence insurance which the  Fund
19    shall  file  with  the  Director.  The Director shall have 30
20    days from the date of receipt to approve or disapprove a rate
21    filing.  If no action is taken  by  the  Director  within  30
22    days,  the  rate is deemed to be approved.  The Director may,
23    in writing, extend the period for an additional  30  days  if
24    the Director determines that additional time is needed.
25        (e)  The   Fund   shall   establish   its  rates,  rating
26    schedules, deductibles and retentions, minimum premiums,  and
27    classification  in such a manner as to satisfy all reasonably
28    foreseeable claims and expenses the Fund is likely to  incur.
29    The  Fund shall give due consideration to loss experience and
30    relevant trends, premium  and  other  income  and  reasonable
31    reserves  established  for  contingencies in establishing the
32    mine subsidence rates.
33        (f)  The  Fund  shall  compile  and  publish  an   annual
34    operating report.
 
SB745 Engrossed             -790-              LRB9101253EGfg
 1        (g)  The   Fund   shall   develop  at  least  2  consumer
 2    information publications to aid the public  in  understanding
 3    mine  subsidence  and  mine  subsidence  insurance  and shall
 4    establish a schedule for the distribution of the publications
 5    pursuant to the reinsurance agreement.  Topics that shall  be
 6    addressed shall include but are not limited to:
 7             (1)  Descriptive  information about mine subsidence,
 8        and what benefits mine subsidence insurance  provides  to
 9        the property owner.
10             (2)  Information   that   will   be   useful   to  a
11        policyholder who has filed a mine subsidence claim,  such
12        as  information  that  explains  the  claim investigation
13        process and claim handling procedures.
14        (h)  The Fund shall  be  empowered  to  conduct  research
15    programs  in  an  effort to improve the administration of the
16    mine  subsidence  insurance  program  and  help  reduce   and
17    mitigate  mine  subsidence  losses consistent with the public
18    interest.
19        (i)  The Fund may enter into reinsurance agreements  with
20    any   intergovernmental   cooperative   that  provides  joint
21    self-insurance for mine subsidence  losses  of  its  members.
22    These  reinsurance  agreements shall be substantially similar
23    to reinsurance agreements described in Section 810.1.
24    (Source: P.A. 89-206, eff.  7-21-95;  90-499,  eff.  8-19-97;
25    revised 10-31-98.)

26        (215 ILCS 5/807.1)
27        Sec.  807.1.  Exemption  of  Certain   Counties   by  the
28    Director. The Director shall  exempt  every  policy  insuring
29    residences,  living  units or commercial buildings located in
30    any county of 1,000,000 or more  inhabitants  or  any  county
31    contiguous to any such county, and, upon request of the Fund,
32    may  exempt every policy insuring residences, living units or
33    commercial buildings located in any other specified county of
 
SB745 Engrossed             -791-              LRB9101253EGfg
 1    this State, from the provisions of Section paragraph 805.1 of
 2    this Article.
 3    (Source: P.A. 88-379; revised 10-31-98.)

 4        (215 ILCS 5/810.1)
 5        Sec. 810.1. Reinsurance Agreements.  All  insurers  shall
 6    enter  into  a  reinsurance  agreement  with  the Fund.   The
 7    reinsurance agreement shall be filed with and approved by the
 8    Director.  The agreement  shall  provide  that  each  insurer
 9    shall cede 100% of any subsidence insurance written up to the
10    limits  contained  in  Section paragraph 805.1(c) to the Fund
11    and, in consideration of the ceding  commission  retained  by
12    the  insurer, agrees to distribute informational publications
13    provided by the Fund on a schedule set by the Fund, undertake
14    adjustment  of  losses,  payment  of  taxes,  and  all  other
15    expenses of the insurer necessary for sale  of  policies  and
16    administration  of  the  mine  subsidence insurance coverage.
17    The Fund shall agree to reimburse the insurer for all amounts
18    reasonably  and  properly  paid  policyholders  from   claims
19    resulting  from mine subsidence and for expenses specified in
20    the reinsurance  agreement.   In  addition,  the  reinsurance
21    agreement   may  contain,  and  may  authorize  the  Fund  to
22    establish  and  promulgate  deductibles.    The   reinsurance
23    agreement  may  also  contain reasonable rules and procedures
24    covering insurer documentation of losses;  insurer  reporting
25    of claims, reports of litigation, premiums and loss payments;
26    loss payment review by the Fund; remitting of premiums to the
27    Fund;  underwriting; and cause and origin investigations; and
28    procedures for resolving disputes between  the  insurers  and
29    the Fund.
30    (Source: P.A. 90-655, eff. 7-30-98; revised 10-31-98.)

31        (215 ILCS 5/1202) (from Ch. 73, par. 1065.902)
32        Sec. 1202.  Duties. The Director shall:
 
SB745 Engrossed             -792-              LRB9101253EGfg
 1        (a)  determine the relationship of insurance premiums and
 2    related  income  as  compared to insurance costs and expenses
 3    and provide such information to the General Assembly and  the
 4    general public;
 5        (b)  study the insurance system in the State of Illinois,
 6    and recommend to the General Assembly what it deems to be the
 7    most  appropriate  and  comprehensive cost containment system
 8    for the State;
 9        (c)  respond to the requests by  agencies  of  government
10    and  the General Assembly for special studies and analysis of
11    data collected pursuant to this Article. Such  reports  shall
12    be  made  available in a form prescribed by the Director. The
13    Director may also determine  a  fee  to  be  charged  to  the
14    requesting  agency to cover the direct and indirect costs for
15    producing such a report, and shall permit  affected  insurers
16    the  right  to  review  the  accuracy accurancy of the report
17    before it is released. The fees shall be deposited  into  the
18    Statistical  Services  Revolving  Fund  and  credited  to the
19    account of the Department of Insurance;
20        (d)  make an interim report to the  General  Assembly  no
21    later  than  August  15,  1987,  and  a  annual report to the
22    General Assembly no later than April 15 every year thereafter
23    which   shall   include   the   Director's    findings    and
24    recommendations   regarding  its  duties  as  provided  under
25    subsections (a), (b), and (c) of this Section.
26    (Source: P.A. 84-1431; revised 10-31-98.)

27        (215 ILCS 5/1204) (from Ch. 73, par. 1065.904)
28        Sec. 1204.  (A) The Director shall promulgate  rules  and
29    regulations  which  shall  require  each  insurer licensed to
30    write property or casualty insurance in the  State  and  each
31    syndicate  doing  business on the Illinois Insurance Exchange
32    to record and report its  loss  and  expense  experience  and
33    other  data as may be necessary to assess the relationship of
 
SB745 Engrossed             -793-              LRB9101253EGfg
 1    insurance  premiums  and  related  income  as   compared   to
 2    insurance costs and expenses.  The Director may designate one
 3    or  more rate service organizations or advisory organizations
 4    to gather and compile such experience and data.  The Director
 5    shall require each insurer  licensed  to  write  property  or
 6    casualty  insurance  in  this  State and each syndicate doing
 7    business on the  Illinois  Insurance  Exchange  to  submit  a
 8    report,  on  a  form  furnished  by the Director, showing its
 9    direct writings in this State and companywide.
10        (B)  Such report  required  by  subsection  (A)  of  this
11    Section  may  include,  but  not be limited to, the following
12    specific types of insurance written by such insurer:
13             (1)  Political   subdivision   liability   insurance
14        reported separately in the following categories:
15                  (a)  municipalities;
16                  (b)  school districts;
17                  (c)  other political subdivisions;.
18             (2)  Public official liability insurance;
19             (3)  Dram shop liability insurance;
20             (4)  Day care center liability insurance;
21             (5)  Labor,  fraternal  or  religious  organizations
22        liability insurance;
23             (6)  Errors and omissions liability insurance;
24             (7)  Officers  and  directors  liability   insurance
25        reported separately as follows:
26                  (a)  non-profit entities;
27                  (b)  for-profit entities;
28             (8)  Products liability insurance;
29             (9)  Medical malpractice insurance;
30             (10)  Attorney malpractice insurance;
31             (11)  Architects     and    engineers    malpractice
32        insurance; and
33             (12)  Motor vehicle  insurance  reported  separately
34        for commercial and private passenger vehicles as follows:
 
SB745 Engrossed             -794-              LRB9101253EGfg
 1                  (a)  motor vehicle physical damage insurance;
 2                  (b)  motor vehicle liability insurance.;
 3        (C)  Such  report may include, but need not be limited to
 4    the  following  data,  both  specific  to  this   State   and
 5    companywide, in the aggregate or by type of insurance for the
 6    previous year on a calendar year basis:
 7             (1)  Direct premiums written;
 8             (2)  Direct premiums earned;
 9             (3)  Number of policies;
10             (4)  Net   investment   income,   using  appropriate
11        estimates where necessary;
12             (5)  Losses paid;
13             (6)  Losses incurred;
14             (7)  Loss reserves:
15                  (a)  Losses unpaid on reported claims;
16                  (b)  Losses unpaid on incurred but not reported
17             claims;
18             (8)  Number of claims:
19                  (a)  Paid claims;
20                  (b)  Arising claims;
21             (9)  Loss adjustment expenses:
22                  (a)  Allocated loss adjustment expenses;
23                  (b)  Unallocated loss adjustment expenses;
24             (10)  Net underwriting gain or loss;
25             (11)  Net operation  gain  or  loss,  including  net
26        investment income;
27             (12)  Any   other   information   requested  by  the
28        Director.
29        (D)  In  addition  to  the  information  which   may   be
30    requested under subsection (C), the Director may also request
31    on   a  companywide,  aggregate  basis,  Federal  Income  Tax
32    recoverable,  net  realized  capital  gain   or   loss,   net
33    unrealized  capital  gain or loss, and all other expenses not
34    requested in subsection (C) above.
 
SB745 Engrossed             -795-              LRB9101253EGfg
 1        (E)  Violations - Suspensions - Revocations.
 2             (1) Any company or person subject to  this  Article,
 3        who  willfully  or  repeatedly  fails  to  observe or who
 4        otherwise violates any of the provisions of this  Article
 5        or  any  rule  or  regulation promulgated by the Director
 6        under authority of this Article or any final order of the
 7        Director entered under  the  authority  of  this  Article
 8        shall by civil penalty forfeit to the State of Illinois a
 9        sum  not  to  exceed  $1,000.  Each  day  during  which a
10        violation occurs constitutes a separate offense.
11             (2)  No forfeiture liability under paragraph (1)  of
12        this  subsection  may  attach  unless a written notice of
13        apparent liability has been issued by  the  Director  and
14        received by the respondent, or the Director sends written
15        notice  of  apparent liability by registered or certified
16        mail, return receipt requested, to the last known address
17        of the respondent. Any respondent  so  notified  must  be
18        granted  an  opportunity  to  request a hearing within 10
19        days from receipt of notice, or to show in  writing,  why
20        he  should not be held liable. A notice issued under this
21        Section must set forth the date, facts and nature of  the
22        act  or omission with which the respondent is charged and
23        must specifically identify the  particular  provision  of
24        this  Article,  rule,  regulation  or  order  of  which a
25        violation is charged.
26             (3)  No forfeiture liability under paragraph (1)  of
27        this  subsection  may  attach for any violation occurring
28        more than 2 years prior to the date of  issuance  of  the
29        notice  of  apparent  liability  and  in no event may the
30        total civil penalty forfeiture imposed for  the  acts  or
31        omissions  set  forth  in  any  one  notice  of  apparent
32        liability exceed $50,000.
33             (4)  All  administrative hearings conducted pursuant
34        to this Article are subject to 50 Ill. Adm. Code 2402 and
 
SB745 Engrossed             -796-              LRB9101253EGfg
 1        all  administrative   hearings   are   subject   to   the
 2        Administrative Review Law.
 3             (5)  The  civil  penalty forfeitures provided for in
 4        this Section are payable to the General Revenue  Fund  of
 5        the  State  of  Illinois, and may be recovered in a civil
 6        suit in the name of the State of Illinois brought in  the
 7        Circuit  Court in Sangamon County or in the Circuit Court
 8        of the county where the respondent is  domiciled  or  has
 9        its principal operating office.
10             (6)  In  any case where the Director issues a notice
11        of apparent liability looking toward the imposition of  a
12        civil penalty forfeiture under this Section that fact may
13        not  be  used in any other proceeding before the Director
14        to the prejudice of the respondent to whom the notice was
15        issued, unless (a) the civil penalty forfeiture has  been
16        paid,  or  (b)  a  court has ordered payment of the civil
17        penalty forfeiture and that order has become final.
18             (7)  When any person or company  has  a  license  or
19        certificate  of  authority  under this Code and knowingly
20        fails or refuses to comply with a  lawful  order  of  the
21        Director  requiring compliance with this Article, entered
22        after notice and  hearing,  within  the  period  of  time
23        specified  in the order, the Director may, in addition to
24        any other penalty or authority provided, revoke or refuse
25        to renew the license or certificate of authority of  such
26        person   or  company,  or  may  suspend  the  license  or
27        certificate of authority of such person or company  until
28        compliance with such order has been obtained.
29             (8)  When  any  person  or  company has a license or
30        certificate of authority under this  Code  and  knowingly
31        fails  or  refuses to comply with any provisions of  this
32        Article, the Director may, after notice and  hearing,  in
33        addition  to any other penalty provided, revoke or refuse
34        to renew the license or certificate of authority of  such
 
SB745 Engrossed             -797-              LRB9101253EGfg
 1        person   or  company,  or  may  suspend  the  license  or
 2        certificate of authority of such person or company, until
 3        compliance with such provision of this Article  has  been
 4        obtained.
 5             (9)  No  suspension or revocation under this Section
 6        may become effective until 5 days from the date that  the
 7        notice  of  suspension  or revocation has been personally
 8        delivered or delivered by registered or certified mail to
 9        the company or person. A suspension or  revocation  under
10        this Section is stayed upon the filing, by the company or
11        person,  of  a  petition  for  judicial  review under the
12        Administrative Review Law.
13    (Source: P.A. 88-313; revised 10-31-98.)

14        Section 118.  The Illinois Health  Insurance  Portability
15    and  Accountability  Act is amended by changing Section 35 as
16    follows:

17        (215 ILCS 97/35)
18        Sec. 35.  Disclosure of Information.
19        (A)  Disclosure of information by  health  plan  issuers.
20    In  connection  with  the  offering  of  any health insurance
21    coverage to a small employer, a health insurance issuer:
22             (1)  shall make  a  reasonable  disclosure  to  such
23        employer,   as   part   of  its  solicitation  and  sales
24        materials, of the availability of  information  described
25        in subsection (B), and
26             (2)  shall,  upon  request of such a small employer,
27        provide such information.
28        (B)  Information described.
29             (1)  In general.  Subject  to  paragraph  (3),  with
30        respect  to  a  health  insurance  issuer offering health
31        insurance  coverage  to  a  small  employer,  information
32        described in this subsection is information concerning:
 
SB745 Engrossed             -798-              LRB9101253EGfg
 1                  (a)  the provisions of such coverage concerning
 2             issuer's right  to  change  premium  rates  and  the
 3             factors that may affect changes in premium rates;
 4                  (b)  the  provisions  of such coverage relating
 5             to renewability of coverage;
 6                  (c)  the provisions of such  coverage  relating
 7             to any pre-existing condition exclusion; and
 8                  (d)  the  benefits and premiums available under
 9             all health insurance coverage for which the employer
10             is qualified.
11             (2)  Form of information.   Information  under  this
12        subsection  shall  be  provided  to  small employers in a
13        manner determined to be  understandable  by  the  average
14        small  employer,  and  shall  be sufficient to reasonably
15        inform small employers of their  rights  and  obligations
16        under the health insurance coverage.
17             (3)  Exception.   An  issuer  is  not required under
18        this  Section  to  disclose  any  information   that   is
19        proprietary and trade secret information under applicable
20        law.
21    (Source: P.A. 90-30, eff. 7-1-97; revised 10-31-98.)

22        Section 119.  The Comprehensive Health Insurance Plan Act
23    is amended by changing Sections 2, 4, and 5 as follows:

24        (215 ILCS 105/2) (from Ch. 73, par. 1302)
25        Sec.  2.   Definitions.   As used in this Act, unless the
26    context otherwise requires:
27        "Plan administrator" means the  insurer  or  third  party
28    administrator designated under Section 5 of this Act.
29        "Benefits  plan"  means the coverage to be offered by the
30    Plan to eligible persons and federally  eligible  individuals
31    pursuant to this Act.
32        "Board" means the Illinois Comprehensive Health Insurance
 
SB745 Engrossed             -799-              LRB9101253EGfg
 1    Board.
 2        "Church plan" has the same meaning given that term in the
 3    federal  Health  Insurance Portability and Accountability Act
 4    of 1996.
 5        "Continuation coverage" means  continuation  of  coverage
 6    under  a group health plan or other health insurance coverage
 7    for former employees or dependents of former  employees  that
 8    would  otherwise  have  terminated  under  the  terms of that
 9    coverage  pursuant  to  any  continuation  provisions   under
10    federal  or  State  law,  including  the Consolidated Omnibus
11    Budget  Reconciliation  Act  of  1985  (COBRA),  as  amended,
12    Sections 367.2 and 367e of the Illinois  Insurance  Code,  or
13    any other similar requirement in another State.
14        "Covered  person"  means a person who is and continues to
15    remain eligible for Plan coverage and is covered under one of
16    the benefit plans offered by the Plan.
17        "Creditable coverage" means, with respect to a  federally
18    eligible  individual, coverage of the individual under any of
19    the following:
20             (A)  A group health plan.
21             (B)  Health  insurance  coverage  (including   group
22        health insurance coverage).
23             (C)  Medicare.
24             (D)  Medical assistance.
25             (E)  Chapter 55 of title 10, United States Code.
26             (F)  A  medical  care  program  of the Indian Health
27        Service or of a tribal organization.
28             (G)  A state health benefits risk pool.
29             (H)  A health plan offered under Chapter 89 of title
30        5, United States Code.
31             (I)  A public health plan (as defined in regulations
32        consistent  with  Section  104   of   the   Health   Care
33        Portability  and  Accountability  Act of 1996 that may be
34        promulgated by the Secretary of the  U.S.  Department  of
 
SB745 Engrossed             -800-              LRB9101253EGfg
 1        Health and Human Services).
 2             (J)  A health benefit plan under Section 5(e) of the
 3        Peace Corps Act (22 U.S.C. 2504(e)).
 4             (K)  Any  other  qualifying coverage required by the
 5        federal Health Insurance Portability  and  Accountability
 6        Act  of  1996, as it may be amended, or regulations under
 7        that Act.
 8        "Creditable   coverage"   does   not   include   coverage
 9    consisting  solely  of  coverage  of  excepted  benefits  (as
10    defined in Section 2791(c)  of  title  XXVII  of  the  Public
11    Health  Service Act (42 U.S.C. 300 gg-91) nor does it include
12    any period of coverage under any of  items  (A)  through  (K)
13    that  occurred before a break of more than 63 days during all
14    of which the individual was not covered under  any  of  items
15    (A) through (K) above.  Any period that an individual is in a
16    waiting period for any coverage under a group health plan (or
17    for  group health insurance coverage) or is in an affiliation
18    period under the terms of health insurance  coverage  offered
19    by  a health maintenance organization shall not be taken into
20    account in determining if there has been a break of more than
21    63 days in any credible coverage.
22        "Department" means the Illinois Department of Insurance.
23        "Dependent" means an Illinois resident: who is a  spouse;
24    or who is claimed as a dependent by the principal insured for
25    purposes of filing a federal income tax return and resides in
26    the   principal   insured's  household,  and  is  a  resident
27    unmarried child under the age of  19  years;  or  who  is  an
28    unmarried child who also is a full-time student under the age
29    of  23  years  and  who  is  financially  dependent  upon the
30    principal insured; or who is a child of any age  and  who  is
31    disabled   and   financially  dependent  upon  the  principal
32    insured.
33        "Direct Illinois premiums" means, for Illinois  business,
34    an  insurer's direct premium income for the kinds of business
 
SB745 Engrossed             -801-              LRB9101253EGfg
 1    described in clause (b) of Class 1 or clause (a) of  Class  2
 2    of  Section  4  of  the  Illinois  Insurance Code, and direct
 3    premium income of a  health  maintenance  organization  or  a
 4    voluntary  health  services plan, except it shall not include
 5    credit health insurance as defined in Article IX 1/2  of  the
 6    Illinois Insurance Code.
 7        "Director"  means the Director of the Illinois Department
 8    of Insurance.
 9        "Eligible person" means a  resident  of  this  State  who
10    qualifies for Plan coverage under Section 7 of this Act.
11        "Employee" means a resident of this State who is employed
12    by an employer or has entered into the employment of or works
13    under  contract  or  service  of  an  employer  including the
14    officers, managers and employees of subsidiary or  affiliated
15    corporations  and  the  individual  proprietors, partners and
16    employees  of  affiliated  individuals  and  firms  when  the
17    business of the subsidiary or affiliated corporations,  firms
18    or  individuals  is  controlled  by a common employer through
19    stock ownership, contract, or otherwise.
20        "Employer"    means    any    individual,    partnership,
21    association, corporation, business trust, or  any  person  or
22    group  of  persons  acting  directly  or  indirectly  in  the
23    interest of an employer in relation to an employee, for which
24    one or more persons is gainfully employed.
25        "Family" coverage means the coverage provided by the Plan
26    for the covered person and his or her eligible dependents who
27    also are covered persons.
28        "Federally   eligible  individual"  means  an  individual
29    resident of this State:
30             (1)(A)  for whom,  as  of  the  date  on  which  the
31        individual  seeks  Plan coverage under Section 15 of this
32        Act, the aggregate of the periods of creditable  coverage
33        is  18  or  more  months, and (B) whose most recent prior
34        creditable coverage  was  under  group  health  insurance
 
SB745 Engrossed             -802-              LRB9101253EGfg
 1        coverage  offered  by  a health insurance issuer, a group
 2        health plan, a governmental plan, or a  church  plan  (or
 3        health  insurance coverage offered in connection with any
 4        such plans) or any other type of creditable coverage that
 5        may  be  required  by  the   federal   Health   Insurance
 6        Portability  and Accountability Act of 1996, as it may be
 7        amended, or the regulations under that Act;
 8             (2)  who is not eligible for coverage  under  (A)  a
 9        group  health  plan, (B) part A or part B of Medicare, or
10        (C) medical assistance, and does not  have  other  health
11        insurance coverage;
12             (3)  with  respect  to whom the most recent coverage
13        within the coverage period described in paragraph  (1)(A)
14        of this definition was not terminated based upon a factor
15        relating to nonpayment of premiums or fraud;
16             (4)  if  the  individual had been offered the option
17        of  continuation  coverage  under  a  COBRA  continuation
18        provision or under a similar State program,  who  elected
19        such coverage; and
20             (5)  who,    if    the   individual   elected   such
21        continuation coverage, has  exhausted  such  continuation
22        coverage under such provision or program.
23        "Group  health plan" has the same meaning given that term
24    in   the   federal   Health   Insurance    Portability    and
25    Accountability Act of 1996.
26        "Governmental  plan" has the same meaning given that term
27    in   the   federal   Health   Insurance    Portability    and
28    Accountability Act of 1996.
29        "Health   insurance"   means  any  hospital  and  medical
30    expense-incurred policy, certificate, or contract provided by
31    an insurer, non-profit health  care  service  plan  contract,
32    health maintenance organization or other subscriber contract,
33    or any other health care plan or arrangement that pays for or
34    furnishes   medical   or  health  care  services  whether  by
 
SB745 Engrossed             -803-              LRB9101253EGfg
 1    insurance or otherwise.  Health insurance shall  not  include
 2    short   term,  accident  only,  disability  income,  hospital
 3    confinement or fixed indemnity,  dental  only,  vision  only,
 4    limited  benefit,  or  credit insurance, coverage issued as a
 5    supplement to liability insurance, insurance arising out of a
 6    workers'   compensation   or    similar    law,    automobile
 7    medical-payment  insurance, or insurance under which benefits
 8    are payable with or without regard  to  fault  and  which  is
 9    statutorily   required  to  be  contained  in  any  liability
10    insurance policy or equivalent self-insurance.
11        "Health insurance coverage" means benefits consisting  of
12    medical   care   (provided  directly,  through  insurance  or
13    reimbursement, or otherwise and including items and  services
14    paid  for  as  medical  care)  under  any hospital or medical
15    service policy or certificate, hospital  or  medical  service
16    plan  contract,  or  health maintenance organization contract
17    offered by a health insurance issuer.
18        "Health insurance issuer"  means  an  insurance  company,
19    insurance  service,  or  insurance  organization (including a
20    health  maintenance  organization  and  a  voluntary   health
21    services   plan)   that  is  authorized  to  transact  health
22    insurance business in this State.  Such term does not include
23    a group health plan.
24        "Health Maintenance Organization" means  an  organization
25    as defined in the Health Maintenance Organization Act.
26        "Hospice"  means  a  program  as  defined in and licensed
27    under the Hospice Program Licensing Act.
28        "Hospital" means a duly licensed institution  as  defined
29    in  the Hospital Licensing Act, an institution that meets all
30    comparable conditions and requirements in effect in the state
31    in which  it  is  located,  or  the  University  of  Illinois
32    Hospital  as  defined  in the University of Illinois Hospital
33    Act.
34        "Individual  health  insurance  coverage"  means   health
 
SB745 Engrossed             -804-              LRB9101253EGfg
 1    insurance  coverage  offered to individuals in the individual
 2    market, but does  not  include  short-term,  limited-duration
 3    insurance.
 4        "Insured" means any individual resident of this State who
 5    is  eligible  to receive benefits from any insurer (including
 6    health insurance coverage offered in connection with a  group
 7    health  plan)  or  health insurance issuer as defined in this
 8    Section.
 9        "Insurer"  means  any  insurance  company  authorized  to
10    transact health insurance business  in  this  State  and  any
11    corporation  that  provides medical services and is organized
12    under the Voluntary Health Services Plans Act or  the  Health
13    Maintenance Organization Act.
14        "Medical  assistance"  means the State medical assistance
15    or medical assistance no grant (MANG) programs provided under
16    Title XIX of the Social Security Act and Articles V  (Medical
17    Assistance)  and  VI  (General  Assistance)  of  the Illinois
18    Public Aid Code (or  any  successor  program)  or  under  any
19    similar program of health care benefits in a state other than
20    Illinois.
21        "Medically  necessary"  means  that  a  service, drug, or
22    supply is necessary and  appropriate  for  the  diagnosis  or
23    treatment  of  an  illness or injury in accord with generally
24    accepted standards  of  medical  practice  at  the  time  the
25    service,  drug,  or  supply  is  provided.  When specifically
26    applied to a confinement it further means that the  diagnosis
27    or  treatment  of  the  covered  person's medical symptoms or
28    condition cannot be safely provided  to  that  person  as  an
29    outpatient. A service, drug, or supply shall not be medically
30    necessary if it: (i) is investigational, experimental, or for
31    research  purposes;  or  (ii)  is  provided  solely  for  the
32    convenience  of the patient, the patient's family, physician,
33    hospital, or any other provider; or (iii) exceeds  in  scope,
34    duration,  or  intensity that level of care that is needed to
 
SB745 Engrossed             -805-              LRB9101253EGfg
 1    provide  safe,  adequate,  and   appropriate   diagnosis   or
 2    treatment;  or (iv) could have been omitted without adversely
 3    affecting the covered person's condition or  the  quality  of
 4    medical  care;  or  (v) involves the use of a medical device,
 5    drug, or substance not formally approved by the United States
 6    Food and Drug Administration.
 7        "Medical care" means the ordinary and usual  professional
 8    services  rendered by a physician or other specified provider
 9    during a professional visit for treatment of  an  illness  or
10    injury.
11        "Medicare" means coverage under both Part A and Part B of
12    Title  XVIII of the Social Security Act, 42 U.S.C. Sec. 1395,
13    et seq..
14        "Minimum premium plan" means  an  arrangement  whereby  a
15    specified  amount  of  health care claims is self-funded, but
16    the insurance company  assumes  the  risk  that  claims  will
17    exceed that amount.
18        "Participating   transplant   center"  means  a  hospital
19    designated by the Board as a preferred or exclusive  provider
20    of  services  for one or more specified human organ or tissue
21    transplants for which the hospital has  signed  an  agreement
22    with  the  Board to accept a transplant payment allowance for
23    all expenses related to the transplant  during  a  transplant
24    benefit period.
25        "Physician"  means a person licensed to practice medicine
26    pursuant to the Medical Practice Act of 1987.
27        "Plan" means  the  Comprehensive  Health  Insurance  Plan
28    established by this Act.
29        "Plan  of  operation"  means the plan of operation of the
30    Plan, including articles, bylaws and operating rules, adopted
31    by the board pursuant to this Act.
32        "Provider" means any hospital, skilled nursing  facility,
33    hospice, home health agency, physician, registered pharmacist
34    acting  within  the  scope of that registration, or any other
 
SB745 Engrossed             -806-              LRB9101253EGfg
 1    person or entity licensed  in  Illinois  to  furnish  medical
 2    care.
 3        "Qualified  high  risk  pool"  has the same meaning given
 4    that term in the federal  Health  Insurance  Portability  and
 5    Accountability Act of 1996.
 6        "Resident  eligible  person"  means a person who has been
 7    legally domiciled in this State for a period of at least  180
 8    days and continues to be domiciled in this State.
 9        "Skilled  nursing  facility"  means  a  facility  or that
10    portion of a  facility  that  is  licensed  by  the  Illinois
11    Department  of  Public Health under the Nursing Home Care Act
12    or a comparable  licensing  authority  in  another  state  to
13    provide skilled nursing care.
14        "Stop-loss  coverage"  means  an  arrangement  whereby an
15    insurer insures against the risk  that  any  one  claim  will
16    exceed  a specific dollar amount or that the entire loss of a
17    self-insurance plan will exceed a specific amount.
18        "Third party administrator"  means  an  administrator  as
19    defined in Section 511.101 of the Illinois Insurance Code who
20    is licensed under Article XXXI 1/4 of that Code.
21    (Source: P.A. 90-30, eff. 7-1-97; revised 10-31-98.)

22        (215 ILCS 105/4) (from Ch. 73, par. 1304)
23        Sec.  4.   Powers  and authority of the board.  The board
24    shall have the general powers and authority granted under the
25    laws  of  this  State  to  insurance  companies  licensed  to
26    transact  health  and  accident  insurance  and  in  addition
27    thereto, the specific authority to:
28        a.  Enter into contracts as are necessary  or  proper  to
29    carry  out the provisions and purposes of this Act, including
30    the authority, with the approval of the  Director,  to  enter
31    into  contracts  with  similar  plans of other states for the
32    joint performance of common administrative functions, or with
33    persons  or  other  organizations  for  the  performance   of
 
SB745 Engrossed             -807-              LRB9101253EGfg
 1    administrative   functions   including,  without  limitation,
 2    utilization review and quality assurance  programs,  or  with
 3    health   maintenance   organizations  or  preferred  provider
 4    organizations for the provision of health care services.
 5        b.  Sue or be sued, including taking  any  legal  actions
 6    necessary or proper.
 7        c.  Take such legal action as necessary to:
 8             (1)  avoid  the  payment  of improper claims against
 9        the plan or the coverage provided by or through the plan;
10             (2)  to   recover   any   amounts   erroneously   or
11        improperly paid by the plan; or
12             (3)  to recover any amounts paid by the  plan  as  a
13        result of a mistake of fact or law; or
14             (4)  to   recover  or  collect  any  other  amounts,
15        including assessments, that are due or owed the  Plan  or
16        have been billed on its or the Plan's behalf.
17        d.  Establish  appropriate  rates,  rate  schedules, rate
18    adjustments, expense allowances, agents' referral fees, claim
19    reserves, and  formulas  and  any  other  actuarial  function
20    appropriate  to  the  operation  of the plan.  Rates and rate
21    schedules may be adjusted for appropriate risk  factors  such
22    as  age and area variation in claim costs and shall take into
23    consideration appropriate risk  factors  in  accordance  with
24    established actuarial and underwriting practices.
25        e.  Issue  policies  of  insurance in accordance with the
26    requirements of this Act.
27        f.  Appoint  appropriate  legal,  actuarial   and   other
28    committees  as  necessary  to provide technical assistance in
29    the operation of the plan, policy and other contract  design,
30    and any other function within the authority of the plan.
31        g.  Borrow  money  to effect the purposes of the Illinois
32    Comprehensive Health Insurance  Plan.   Any  notes  or  other
33    evidence  of indebtedness of the plan not in default shall be
34    legal investments for insurers and may be carried as admitted
 
SB745 Engrossed             -808-              LRB9101253EGfg
 1    assets.
 2        h.  Establish  rules,  conditions  and   procedures   for
 3    reinsuring risks under this Act.
 4        i.  Employ  and  fix  the compensation of employees. Such
 5    employees may be paid  on  a  warrant  issued  by  the  State
 6    Treasurer  pursuant  to  a  payroll  voucher certified by the
 7    Board and drawn by the Comptroller against appropriations  or
 8    trust funds held by the State Treasurer.
 9        j.  Enter  into  intergovernmental cooperation agreements
10    with other agencies or entities of State government  for  the
11    purpose of sharing the cost of providing health care services
12    that  are  otherwise  authorized by this Act for children who
13    are  both  plan  participants  and  eligible  for   financial
14    assistance from the Division of Specialized Care for Children
15    of the University of Illinois.
16        k.  Establish  conditions  and procedures under which the
17    plan may, if funds  permit,  discount  or  subsidize  premium
18    rates  that  are paid directly by senior citizens, as defined
19    by the Board, and other plan participants, who are retired or
20    unemployed and meet other qualifications.
21        l.  Establish and maintain the Plan  Fund  authorized  in
22    Section  3  of this Act, which shall be divided into separate
23    accounts, as follows:
24             (1)  accounts to fund the administrative, claim, and
25        other expenses  of  the  Plan  associated  with  eligible
26        persons  who qualify for Plan coverage under Section 7 of
27        this Act, which shall consist of:
28                  (A)  premiums  paid  on   behalf   of   covered
29             persons;
30                  (B)  appropriated   funds  and  other  revenues
31             collected or received by the Board;
32                  (C)  reserves for future losses  maintained  by
33             the Board; and
34                  (D)  interest  earnings  from investment of the
 
SB745 Engrossed             -809-              LRB9101253EGfg
 1             funds in the Plan Fund or any of its accounts  other
 2             than the funds in the account established under item
 3             2 of this subsection;.
 4             (2)  an  account,  to  be  denominated the federally
 5        eligible individuals account, to fund the administrative,
 6        claim, and other expenses of  the  Plan  associated  with
 7        federally  eligible  individuals  who  qualify  for  Plan
 8        coverage  under  Section  15  of  this  Act,  which shall
 9        consist of:
10                  (A)  premiums  paid  on   behalf   of   covered
11             persons;
12                  (B)  assessments  and  other revenues collected
13             or received by the Board;
14                  (C)  reserves for future losses  maintained  by
15             the Board; and
16                  (D)  interest  earnings  from investment of the
17             federally eligible individuals account funds; and
18             (3)  such other accounts as may be appropriate.
19        m.  Charge  and  collect  assessments  paid  by  insurers
20    pursuant  to  Section  12  of  this  Act  and   recover   any
21    assessments for, on behalf of, or against those insurers.
22    (Source:  P.A.  89-628,  eff.  8-9-96;  90-30,  eff.  7-1-97;
23    revised 10-31-98.)

24        (215 ILCS 105/5) (from Ch. 73, par. 1305)
25        Sec. 5.  Plan administrator.
26        a.  The board shall select a plan administrator through a
27    competitive  bidding  process  to  administer  the plan.  The
28    board shall evaluate bids submitted under this Section  based
29    on criteria established by the board which shall include:
30             (1)  The  plan  administrator's  proven  ability  to
31        handle  other  large  group  accident  and health benefit
32        plans.
33             (2)  The  efficiency  and  timeliness  of  the  plan
 
SB745 Engrossed             -810-              LRB9101253EGfg
 1        administrator's claim processing procedures.
 2             (3)  An estimate of total net cost for administering
 3        the plan, including any  discounts  or  income  the  Plan
 4        could expect to receive or benefit from.
 5             (4)  The   plan  administrator's  ability  to  apply
 6        effective cost containment programs and procedures and to
 7        administer the plan in a cost-efficient manner.
 8             (5)  The financial condition and  stability  of  the
 9        plan administrator.
10        b.  The  plan administrator shall serve for a period of 5
11    years subject to removal for cause and subject to the  terms,
12    conditions  and limitations of the contract between the board
13    and the plan administrator.  At least one year prior  to  the
14    expiration  of  each  5 year period of service by the current
15    plan administrator, the board shall begin  to  advertise  for
16    bids  to serve as the plan administrator for the succeeding 5
17    year period.  Selection of the  plan  administrator  for  the
18    succeeding  period  shall  be made at least 6 months prior to
19    the end of the current 5 year period.
20        c.  The plan administrator shall perform  such  functions
21    relating to the plan as may be assigned to it including:
22             (1)  establishment  of  a  premium billing procedure
23        for  collection  of  premiums  from  plan   participants.
24        Billings  shall be made on a periodic basis as determined
25        by the board;
26             (2)  payment and processing of  claims  and  various
27        cost containment functions; and
28             (3)  other  functions  to  assure  timely payment of
29        benefits to participants under the plan, including:
30                  (a)  making available information  relating  to
31             the proper manner of submitting a claim for benefits
32             under  the  plan  and  distributing forms upon which
33             submissions shall be made, and.
34                  (b)  evaluating the eligibility of  each  claim
 
SB745 Engrossed             -811-              LRB9101253EGfg
 1             for payment under the plan.
 2        (c)  The  plan  administrator  shall  be  governed by the
 3    requirements  of  Part  919  of  Title  50  of  the  Illinois
 4    Administrative  Code,  promulgated  by  the   Department   of
 5    Insurance, regarding the handling of claims under this Act.
 6        d.  The  plan  administrator shall submit regular reports
 7    to the board  regarding  the  operation  of  the  plan.   The
 8    frequency,  content  and  form  of  the  report  shall  be as
 9    determined by the board.
10        e.  The plan administrator shall pay or be reimbursed for
11    claims expenses from the premium payments received from or on
12    behalf of plan participants.   If  the  plan  administrator's
13    payments  or  reimbursements  for  claims expenses exceed the
14    portion of premiums allocated by the  board  for  payment  of
15    claims  expenses, the board shall provide additional funds to
16    the plan administrator for payment or reimbursement  of  such
17    claims expenses.
18        f.  The  plan  administrator shall be paid as provided in
19    the contract between the Board and the plan administrator.
20    (Source: P.A.  90-30,  eff.  7-1-97;  90-567,  eff.  1-23-98;
21    revised 2-16-98.)

22        Section  120.  The Health Maintenance Organization Act is
23    amended by changing  Sections  1-3,  2-7,  4-4,  and  5-3  as
24    follows:

25        (215 ILCS 125/1-3) (from Ch. 111 1/2, par. 1402.1)
26        Sec.  1-3.   Definitions  of  admitted assets.  "Admitted
27    Assets" includes the investments authorized or  permitted  by
28    Section  3-1  of  this Act and, in addition thereto, only the
29    following:
30        (a)  Petty   cash   and   other   cash   funds   in   the
31    organization's principal or any official  branch  office  and
32    under the control of the organization.
 
SB745 Engrossed             -812-              LRB9101253EGfg
 1        (b)  Immediately  withdrawable funds on deposit in demand
 2    accounts, in a bank or trust company as defined in  paragraph
 3    (3)  of  subsection (g) of Section 3-1 or like funds actually
 4    in the principal or any official branch office  at  statement
 5    date,  and,  in  transit  to  such bank or trust company with
 6    authentic deposit credit given prior to the close of business
 7    on the fifth bank working day following the statement date.
 8        (c)  The amount fairly estimated as recoverable  on  cash
 9    deposited  in  a  closed bank or trust company, if qualifying
10    under the provisions  of  this  Section  Sec.  prior  to  the
11    suspension of such bank or trust company.
12        (d)  Bills  and  accounts  receivable  collateralized  by
13    securities   of   the  kind  in  which  the  organization  is
14    authorized to invest.
15        (e)  Premiums receivable from groups or individuals which
16    are not more than 60 days past due.  Premiums receivable from
17    the  United  States,  any  state  thereof  or  any  political
18    subdivision of either which is not more  than  90  days  past
19    due.
20        (f)  Amounts  due under insurance policies or reinsurance
21    arrangements  from  insurance  companies  authorized  to   do
22    business in this State.
23        (g)  Tax refunds due from the United States, any state or
24    any political subdivision thereof.
25        (h)  The interest accrued on mortgage loans conforming to
26    Section 3-1 of this Act, not exceeding in aggregate amount on
27    an  individual  loan  of  one  year's  total  due and accrued
28    interest.
29        (i)  The rents accrued and owing to the  organization  on
30    real  and  personal property, directly or beneficially owned,
31    not exceeding on each individual property the amount  of  one
32    year's total due and accrued rent.
33        (j)  Interest  or  rents  accrued  on  conditional  sales
34    agreements, security interests, chattel mortgages and real or
 
SB745 Engrossed             -813-              LRB9101253EGfg
 1    personal  property  under  lease  to  other corporations, all
 2    conforming to Section 3-1 of this Act, and not  exceeding  on
 3    any individual investment, the amount of one year's total due
 4    and accrued interest or rent.
 5        (k)  The  fixed  and required interest due and accrued on
 6    bonds and other like evidences of indebtedness, conforming to
 7    Section 3-1 of this Act, and not in default.
 8        (l)  Dividends receivable on shares of  stock  conforming
 9    to  Section  3-1  of this Act; provided that the market price
10    taken for valuation purposes does not include  the  value  of
11    the dividend.
12        (m)  The  interest  or dividends due and payable, but not
13    credited, on deposits in banks  and  trust  companies  or  on
14    accounts with savings and loan associations.
15        (n)  Interest accrued on secured loans conforming to this
16    Act,  not  exceeding the amount of one year's interest on any
17    loan.
18        (o)  Interest accrued on tax anticipation warrants.
19        (p)  The amortized value of electronic computer  or  data
20    processing   machines   or   systems  purchased  for  use  in
21    connection with the business of the  organization,  including
22    software   purchased   and  developed  specifically  for  the
23    organization's use and purposes.
24        (q)  The  cost  of  furniture,  equipment   and   medical
25    equipment,   less   accumulated  depreciation  thereon,   and
26    medical and pharmaceutical supplies  that  are  used  in  the
27    delivery  of  health  care  and  under  the  control  of  the
28    organization,  provided  such  assets  do  not  exceed 30% of
29    admitted assets.
30        (r)  Amounts due from affiliates pursuant  to  management
31    contracts  or  service agreements which meet the requirements
32    of Section 141.1 of the Illinois Insurance Code to the extent
33    that the affiliate has liquid assets with which  to  pay  the
34    balance  and  maintain  its  accounts  on  a  current  basis;
 
SB745 Engrossed             -814-              LRB9101253EGfg
 1    provided  that  the  aggregate amount due from affiliates may
 2    not exceed the lesser of 10% of the  organization's  admitted
 3    assets  or  25% of the organization's net worth as defined in
 4    Section 3-1.  Any amount outstanding more than 3 months shall
 5    be deemed  not  current.   For  purpose  of  this  subsection
 6    "affiliates"  are  as  defined  in  Article  VIII  1/2 of the
 7    Illinois Insurance Code.
 8        (s)  Intangible assets, including, but  not  limited  to,
 9    organization  goodwill and  purchased goodwill, to the extent
10    reported in the most recent  annual  or  quarterly  financial
11    statement  filed  with  the  Director preceding the effective
12    date of this Amendatory Act of 1987.   However,  such  assets
13    shall  be  amortized, by the straight-line method, to a value
14    of zero no later than December 31, 1990;  provided,  however,
15    that  no  organization  shall  be  required  pursuant  to the
16    foregoing provision to amortize  such  assets  in  an  amount
17    greater  than  $300,000  in  any one year, and in cases where
18    amortization of  such  assets  by  December  31,  1990  would
19    otherwise  require amortization of an annual amount in excess
20    of $300,000, the  organization  shall  be  required  only  to
21    amortize such assets at a rate of $300,000 per year until all
22    such  assets  have  been amortized to a value of zero, unless
23    the continuation of the current amortization  schedule  would
24    result  in  an  earlier zero value, in which case the current
25    amortization schedule shall be applied.
26        (t)  Amounts due from patients or  enrollees  for  health
27    care  services  rendered which are not more than 60 days past
28    due.
29        (u)  Amounts advanced to providers under contract to  the
30    organization   for  services  to  be  rendered  to  enrollees
31    pursuant to the  contract.   Amounts  advanced  must  be  for
32    period  of  not  more  than  3  months  and  must be based on
33    historical  or  estimated  utilization  patterns   with   the
34    provider  and  must  be  reconciled  against  actual incurred
 
SB745 Engrossed             -815-              LRB9101253EGfg
 1    claims at least semi-annually. Amounts due in  the  aggregate
 2    may not exceed 50% of the organization's net worth as defined
 3    in  Section  3-1.  Amounts due from a single provider may not
 4    exceed the lesser of 5% of the organization's admitted assets
 5    or 10% of the organization's net worth.
 6        (v)  Cost  reimbursement  due  from   the   Health   Care
 7    Financing  Administration  for  furnishing  covered  medicare
 8    services to medicare enrollees which are not more than twelve
 9    months past due.
10        (w)  Prepaid  rent  or  lease  payments no greater than 3
11    months  in  advance,  on   real   property   used   for   the
12    administration  of  the  organizations  business  or  for the
13    delivery of medical care.
14    (Source: P.A. 88-364; revised 10-31-98.)

15        (215 ILCS 125/2-7) (from Ch. 111 1/2, par. 1407)
16        Sec. 2-7.  Annual statement; audited  financial  reports;
17    enrollment projections and budget; filings.
18        (a)  Every    Health   Maintenance   Organization   shall
19    annually, on or  before  the  first  day  of  March,  file  2
20    original  copies  of  its  annual statement with the Director
21    verified by at least two principal officers, covering the two
22    preceding calendar years. Such annual statement shall  be  on
23    forms  prescribed  by  the  Director  and  shall include: (1)
24    financial statements of the organization; (2) the  number  of
25    persons  enrolled during the year, the number of enrollees at
26    the end of the year and the number of enrollments  terminated
27    during  the  year; and (3) such other information relating to
28    the performance of the Health Maintenance Organization as  is
29    necessary  to  enable  the  Director  to carry out his duties
30    under this Act.
31        Any organization failing, without just cause, to file its
32    annual statement as required in this Act shall  be  required,
33    after  notice  and hearing, to pay a penalty of $100 for each
 
SB745 Engrossed             -816-              LRB9101253EGfg
 1    day's delay, to be recovered by the Director of Insurance  of
 2    the  State  of Illinois and the penalty so recovered shall be
 3    paid into the General Revenue Fund of the State of  Illinois.
 4    The   Director   may   reduce  the  penalty  if  the  company
 5    demonstrates to the  Director  that  the  imposition  of  the
 6    penalty   would   constitute  a  financial  hardship  to  the
 7    organization.
 8        An annual statement which is not materially complete when
 9    filed shall not be considered to  have  been  properly  filed
10    until  those  deficiencies  which  make the filing incomplete
11    have been corrected and filed file.
12        (b)  Audited financial  reports  shall  be  filed  on  or
13    before  June  1  of  each  year  for  the  two calendar years
14    immediately preceding and shall provide an opinion  expressed
15    by   an   independent  certified  public  accountant  on  the
16    accompanying financial statement of  the  Health  Maintenance
17    Organization   and   a   detailed   reconciliation   for  any
18    differences between the accompanying financial statements and
19    each of the related financial statements filed in  accordance
20    with   subsection  (a)  of  this  Section.  Any  organization
21    failing, without just  cause,  to  file  the  annual  audited
22    financial   statement  as  required  in  this  Act  shall  be
23    required, after the notice and hearing, to pay a  penalty  of
24    $100 for each day's delay, to be recovered by the Director of
25    Insurance  of  the  State  of  Illinois  and  the  penalty so
26    recovered shall be paid into the General Revenue Fund of  the
27    State  of  Illinois.   The Director may reduce the penalty if
28    the  organization  demonstrates  to  the  Director  that  the
29    imposition  of  the  penalty  would  constitute  a  financial
30    hardship to the organization.
31        (c)  The Director may  require  that  additional  summary
32    financial information be filed no more often than 3 times per
33    year  on  reporting  forms  provided by him.  However, he may
34    request certain key information on a more frequent  basis  if
 
SB745 Engrossed             -817-              LRB9101253EGfg
 1    necessary  for  a determination of the financial viability of
 2    the organization.
 3        (d)  The Director shall have the authority to extend  the
 4    time for filing any statement by any organization for reasons
 5    which the Director considers good and sufficient.
 6    (Source: P.A. 85-20; revised 10-31-98.)

 7        (215 ILCS 125/4-4) (from Ch. 111 1/2, par. 1408.4)
 8        Sec.  4-4.   Sexual assault or abuse victims; coverage of
 9    expenses;  recovery  of   State   funds;   reimbursement   of
10    Department of Public Health.
11        (1)  Contracts  or  evidences  of  coverage  issued  by a
12    health maintenance organization, which provide  benefits  for
13    health  care  services,  shall to the full extent of coverage
14    provided for any other emergency or  accident  care,  provide
15    for  the  payment of actual expenses incurred, without offset
16    or reduction for benefit deductibles or co-insurance amounts,
17    in the examination and testing of  a  victim  of  an  offense
18    defined  in Sections 12-13 through 12-16 of the Criminal Code
19    of 1961, as now or hereafter amended, or an attempt to commit
20    such offense, to establish that sexual contact did  occur  or
21    did  not  occur,  and to establish the presence or absence of
22    sexually transmitted disease or  infection,  and  examination
23    and treatment of injuries and trauma sustained by a victim of
24    such offense.
25        (2)  For  purposes  of  enabling  the  recovery  of State
26    funds, any health maintenance organization  subject  to  this
27    Section  shall  upon  reasonable  demand by the Department of
28    Public Health  disclose  the  names  and  identities  of  its
29    enrollees  entitled  to  benefits under this provision to the
30    Department of Public Health whenever the Department of Public
31    Health has determined that it has paid, or is  about  to  pay
32    for,  health  care  services  for  which a health maintenance
33    organization is liable under this Section.   All  information
 
SB745 Engrossed             -818-              LRB9101253EGfg
 1    received  by  the  Department  of  Public  Health  under this
 2    provision shall be held on a confidential basis and shall not
 3    be subject to subpoena and shall not be made  public  by  the
 4    Department  of  Public  Health  or used for any purpose other
 5    than that authorized by this Section.
 6        (3)  Whenever the Department of Public Health finds  that
 7    it  has  paid for all or part of any health care services for
 8    which a health maintenance organization is obligated  to  pay
 9    under  this Section, the Department of Public Health shall be
10    entitled to receive reimbursement for its payments from  such
11    organization  provided  that  the Department of Public Health
12    has notified  the  organization  of  its  claims  before  the
13    organization  has  paid  such benefits to its enrollees or in
14    behalf of its enrollees.
15    (Source: P.A. 89-187, eff. 7-19-95; revised 2-25-98.)

16        (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
17        Sec. 5-3.  Insurance Code provisions.
18        (a)  Health Maintenance Organizations shall be subject to
19    the provisions of Sections 133, 134, 137, 140, 141.1,  141.2,
20    141.3,  143,  143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
21    154.6, 154.7, 154.8, 155.04, 355.2, 356m, 356v,  356w,  356x,
22    367i,  401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444,
23    and 444.1, paragraph (c) of subsection (2)  of  Section  367,
24    and Articles VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and
25    XXVI of the Illinois Insurance Code.
26        (b)  For  purposes of the Illinois Insurance Code, except
27    for Sections 444 and 444.1 and Articles XIII  and  XIII  1/2,
28    Health  Maintenance Organizations in the following categories
29    are deemed to be "domestic companies":
30             (1)  a  corporation  authorized  under  the   Dental
31        Service  Plan  Act or the Voluntary Health Services Plans
32        Act;
33             (2)  a corporation organized under the laws of  this
 
SB745 Engrossed             -819-              LRB9101253EGfg
 1        State; or
 2             (3)  a  corporation  organized  under  the  laws  of
 3        another  state, 30% or more of the enrollees of which are
 4        residents of this State, except a corporation subject  to
 5        substantially  the  same  requirements  in  its  state of
 6        organization as is a  "domestic  company"  under  Article
 7        VIII 1/2 of the Illinois Insurance Code.
 8        (c)  In  considering  the merger, consolidation, or other
 9    acquisition of control of a Health  Maintenance  Organization
10    pursuant to Article VIII 1/2 of the Illinois Insurance Code,
11             (1)  the  Director  shall give primary consideration
12        to the continuation of  benefits  to  enrollees  and  the
13        financial  conditions  of the acquired Health Maintenance
14        Organization after the merger,  consolidation,  or  other
15        acquisition of control takes effect;
16             (2)(i)  the  criteria specified in subsection (1)(b)
17        of Section 131.8 of the Illinois Insurance Code shall not
18        apply and (ii) the Director, in making his  determination
19        with  respect  to  the  merger,  consolidation,  or other
20        acquisition of control, need not take  into  account  the
21        effect  on  competition  of the merger, consolidation, or
22        other acquisition of control;
23             (3)  the Director shall have the  power  to  require
24        the following information:
25                  (A)  certification by an independent actuary of
26             the   adequacy   of   the  reserves  of  the  Health
27             Maintenance Organization sought to be acquired;
28                  (B)  pro forma financial statements  reflecting
29             the combined balance sheets of the acquiring company
30             and the Health Maintenance Organization sought to be
31             acquired  as of the end of the preceding year and as
32             of a date 90 days prior to the acquisition, as  well
33             as   pro   forma   financial  statements  reflecting
34             projected combined  operation  for  a  period  of  2
 
SB745 Engrossed             -820-              LRB9101253EGfg
 1             years;
 2                  (C)  a  pro  forma  business  plan detailing an
 3             acquiring  party's  plans  with   respect   to   the
 4             operation  of  the  Health  Maintenance Organization
 5             sought to be acquired for a period of not less  than
 6             3 years; and
 7                  (D)  such  other  information  as  the Director
 8             shall require.
 9        (d)  The provisions of Article VIII 1/2 of  the  Illinois
10    Insurance  Code  and this Section 5-3 shall apply to the sale
11    by any health maintenance organization of greater than 10% of
12    its enrollee population  (including  without  limitation  the
13    health  maintenance organization's right, title, and interest
14    in and to its health care certificates).
15        (e)  In considering any management  contract  or  service
16    agreement  subject to Section 141.1 of the Illinois Insurance
17    Code, the Director (i) shall, in  addition  to  the  criteria
18    specified  in  Section  141.2 of the Illinois Insurance Code,
19    take into account the effect of the  management  contract  or
20    service   agreement   on  the  continuation  of  benefits  to
21    enrollees  and  the  financial  condition   of   the   health
22    maintenance  organization to be managed or serviced, and (ii)
23    need not take into  account  the  effect  of  the  management
24    contract or service agreement on competition.
25        (f)  Except  for  small employer groups as defined in the
26    Small Employer Rating, Renewability  and  Portability  Health
27    Insurance  Act and except for medicare supplement policies as
28    defined in Section 363 of  the  Illinois  Insurance  Code,  a
29    Health  Maintenance Organization may by contract agree with a
30    group or other enrollment unit to effect  refunds  or  charge
31    additional premiums under the following terms and conditions:
32             (i)  the  amount  of, and other terms and conditions
33        with respect to, the refund or additional premium are set
34        forth in the group or enrollment unit contract agreed  in
 
SB745 Engrossed             -821-              LRB9101253EGfg
 1        advance of the period for which a refund is to be paid or
 2        additional  premium  is to be charged (which period shall
 3        not be less than one year); and
 4             (ii)  the amount of the refund or additional premium
 5        shall  not  exceed  20%   of   the   Health   Maintenance
 6        Organization's profitable or unprofitable experience with
 7        respect  to  the  group  or other enrollment unit for the
 8        period (and, for  purposes  of  a  refund  or  additional
 9        premium,  the profitable or unprofitable experience shall
10        be calculated taking into account a pro rata share of the
11        Health  Maintenance  Organization's  administrative   and
12        marketing  expenses,  but shall not include any refund to
13        be made or additional premium to be paid pursuant to this
14        subsection (f)).  The Health Maintenance Organization and
15        the  group  or  enrollment  unit  may  agree   that   the
16        profitable  or  unprofitable experience may be calculated
17        taking into account the refund period and the immediately
18        preceding 2 plan years.
19        The  Health  Maintenance  Organization  shall  include  a
20    statement in the evidence of coverage issued to each enrollee
21    describing the possibility of a refund or additional premium,
22    and upon request of any group or enrollment unit, provide  to
23    the group or enrollment unit a description of the method used
24    to   calculate  (1)  the  Health  Maintenance  Organization's
25    profitable experience with respect to the group or enrollment
26    unit and the resulting refund to the group or enrollment unit
27    or (2) the  Health  Maintenance  Organization's  unprofitable
28    experience  with  respect to the group or enrollment unit and
29    the resulting additional premium to be paid by the  group  or
30    enrollment unit.
31        In   no  event  shall  the  Illinois  Health  Maintenance
32    Organization  Guaranty  Association  be  liable  to  pay  any
33    contractual obligation of an insolvent  organization  to  pay
34    any refund authorized under this Section.
 
SB745 Engrossed             -822-              LRB9101253EGfg
 1    (Source: P.A.   89-90,  eff.  6-30-95;  90-25,  eff.  1-1-98;
 2    90-177, eff.  7-23-97;  90-372,  eff.  7-1-98;  90-583,  eff.
 3    5-29-98;  90-655,  eff. 7-30-98; 90-741, eff. 1-1-99; revised
 4    9-8-98.)

 5        Section 121.  The Public  Utilities  Act  is  amended  by
 6    changing  Sections  4-304, 4-501, 4-502, 7-102, 7-106, 9-241,
 7    and 13-403 as follows:

 8        (220 ILCS 5/4-304) (from Ch. 111 2/3, par. 4-304)
 9        Sec. 4-304.  Beginning  in  1986,  the  Commission  shall
10    prepare  an  annual report which shall be filed by January 31
11    of each year with the Joint Committee on Legislative  Support
12    Services  of the General Assembly, the Public Counsel and the
13    Governor and which shall be publicly available.  Such  report
14    shall include:
15        (1)  A  general  review of agency activities and changes,
16    including:
17             (a)  a review of  significant  decisions  and  other
18        regulatory  actions  for  the preceding year, and pending
19        cases, and an analysis of the impact  of  such  decisions
20        and  actions,  and  potential  impact  of any significant
21        pending cases;
22             (b)  for  each  significant   decision,   regulatory
23        action  and  pending case, a description of the positions
24        advocated by major parties, including  Commission  staff,
25        and  for each such decision rendered or action taken, the
26        position adopted by the Commission  and  reason  therefor
27        therefore;
28             (c)  a   description  of  the  Commission's  budget,
29        caseload, and staff levels, including specifically:
30                  (i)  a breakdown by type of case of  the  cases
31             resolved  and  filed  during the year and of pending
32             cases;
 
SB745 Engrossed             -823-              LRB9101253EGfg
 1                  (ii)  a description of the  allocation  of  the
 2             Commission's  budget,  identifying  amounts budgeted
 3             for each significant regulatory function or activity
 4             and for each department, bureau,  section,  division
 5             or office of the Commission and its employees;
 6                  (iii)  a   description   of   current  employee
 7             levels, identifying any change occurring during  the
 8             year  in the number of employees, personnel policies
 9             and   practices   or   compensation   levels;    and
10             identifying   the   number  and  type  of  employees
11             assigned to each Commission regulatory function  and
12             to  each  department,  bureau,  section, division or
13             office of the Commission;
14             (d)  a description of  any  significant  changes  in
15        Commission  policies,  programs or practices with respect
16        to agency organization and administration,  hearings  and
17        procedures or substantive regulatory activity.;
18        (2)  A  discussion  and  analysis  of  the  state of each
19    utility industry regulated by the Commission and  significant
20    changes,  trends  and  developments  therein,  including  the
21    number  and  types  of  firms  offering each utility service,
22    existing, new and prospective technologies, variations in the
23    quality, availability  and  price  for  utility  services  in
24    different  geographic  areas  of  the  State,  and  any other
25    industry factors or circumstances which may affect the public
26    interest or the regulation of such industries.
27        (3)  A  specific  discussion  of  the   energy   planning
28    responsibilities  and activities of the Commission and energy
29    utilities, including:
30             (a)  the extent to which conservation, cogeneration,
31        renewable energy technologies and improvements in  energy
32        efficiency  are  being  utilized by energy consumers, the
33        extent to  which  additional  potential  exists  for  the
34        economical   utilization   of   such   supplies,   and  a
 
SB745 Engrossed             -824-              LRB9101253EGfg
 1        description  of  existing  and  proposed   programs   and
 2        policies   designed   to   promote   and  encourage  such
 3        utilization;
 4             (b)  a description of each energy  plan  filed  with
 5        the  Commission  pursuant  to the provisions of this Act,
 6        and a copy, or detailed summary of the most recent energy
 7        plans adopted by the Commission; and
 8             (c)  a  discussion  of  the  powers  by  which   the
 9        Commission  is implementing the planning responsibilities
10        of Article VIII, including a description of the staff and
11        budget assigned to such function, the procedures by which
12        Commission  staff  reviews  and  analyzes  energy   plans
13        submitted  by  the  utilities,  the Department of Natural
14        Resources, and any other person or party.
15        (4)  A discussion of the extent to which utility services
16    are available to all Illinois citizens including:
17             (a)  the  percentage  and  number  of   persons   or
18        households  requiring  each  such  service  who  are  not
19        receiving   such  service,  and  the  reasons  therefore,
20        including specifically the  number  of  such  persons  or
21        households who are unable to afford such service;
22             (b)  a   critical   analysis  of  existing  programs
23        designed to promote and  preserve  the  availability  and
24        affordability of utility services; and
25             (c)  an   analysis   of   the  financial  impact  on
26        utilities and other ratepayers of the inability  of  some
27        customers   or  potential  customers  to  afford  utility
28        service, including the number of  service  disconnections
29        and reconnections, and cost thereof and the dollar amount
30        of uncollectible accounts recovered through rates.
31        (5)  A  detailed  description  of  the means by which the
32    Commission is implementing its new statutory responsibilities
33    under this  Act,  and  the  status  of  such  implementation,
34    including specifically:
 
SB745 Engrossed             -825-              LRB9101253EGfg
 1             (a)  Commission  reorganization  resulting  from the
 2        addition of an Executive Director  and  hearing  examiner
 3        qualifications and review;.
 4             (b)  Commission  responsibilities  for  construction
 5        and rate supervision, including construction cost audits,
 6        management audits, excess capacity adjustments, phase-ins
 7        of  new plant and the means and capability for monitoring
 8        and reevaluating existing or future construction projects
 9        ;.
10             (c)  promulgation   and   application    of    rules
11        concerning   ex   parte  communications,  circulation  of
12        recommended orders and transcription of closed meetings.
13        (6)  A description of all appeals taken  from  Commission
14    orders,  findings  or decisions and the status and outcome of
15    such appeals.
16        (7)  A description of  the  status  of  all  studies  and
17    investigations  required by this Act, including those ordered
18    pursuant to Sections 8-304, 9-242, 9-244 and 13-301  and  all
19    such subsequently ordered studies or investigations.
20        (8)  A  discussion  of  new  or potential developments in
21    federal  legislation,  and  federal   agency   and   judicial
22    decisions relevant to State regulation of utility services.
23        (9)  All   recommendations  for  appropriate  legislative
24    action by the General Assembly.
25        The Commission may include such other information  as  it
26    deems   to  be  necessary  or  beneficial  in  describing  or
27    explaining its activities or regulatory responsibilities. The
28    report required by this Section shall be adopted by a vote of
29    the full Commission prior to filing.
30    (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)

31        (220 ILCS 5/4-501)
32        Sec.     4-501.  Small     public      utilities      and
33    telecommunications  carriers;  circuit  court  appointment of
 
SB745 Engrossed             -826-              LRB9101253EGfg
 1    receiver; bond.
 2        (a)  If a public utility  or  telecommunications  carrier
 3    that has fewer than 7,500 customers:
 4             (1)  is   unable   or  unwilling  to  provide  safe,
 5        adequate, or reliable service;
 6             (2)  no  longer  possesses   sufficient   technical,
 7        financial,  or  managerial  resources  and  abilities  to
 8        provide safe, adequate, or reliable service;
 9             (3)  has  been  actually or effectively abandoned by
10        its owners or operators;
11             (4)  has defaulted on a bond, note, or  loan  issued
12        or guaranteed by a department, office, commission, board,
13        authority, or other unit of State government;
14             (5)  has  failed  to  comply,  within  a  reasonable
15        period   of   time,  with  an  order  of  the  Commission
16        concerning   the   safety,   adequacy,   efficiency,   or
17        reasonableness of service; or
18             (6)  has allowed property owned or controlled by  it
19        to  be  used  in  violation  of  a  final  order  of  the
20        Commission;
21    the  Commission  may  file  a petition for receivership and a
22    verifying affidavit executed by the executive director of the
23    Commission or a person designated by the  executive  director
24    asking the circuit court for an order attaching the assets of
25    the  public utility or telecommunications carrier and placing
26    the public utility or telecommunications  carrier  under  the
27    control and responsibility of a receiver.
28        (b)  The  court shall hold a hearing within 5 days of the
29    filing of the petition.   The  petition  and  notice  of  the
30    hearing shall be served upon the owner or designated agent of
31    the  public utility or telecommunications carrier as provided
32    under the Civil Practice Law, or the petition and  notice  of
33    hearing  shall  be posted in a conspicuous area at a location
34    where  the  public  utility  or  telecommunications   carrier
 
SB745 Engrossed             -827-              LRB9101253EGfg
 1    normally conducts its business affairs, not later than 3 days
 2    before  the time specified for the hearing unless a different
 3    period is fixed by order of court.
 4        If a petition for receivership  and  verifying  affidavit
 5    executed  by  the executive director of the Commission or the
 6    person  designated  by  the  executive  director  allege   an
 7    immediate  and  serious  danger  to residents constituting an
 8    emergency, the court shall set the matter for hearing  within
 9    3 days and may appoint a temporary receiver ex parte upon the
10    strength  of  the  petition  and  affidavit  pending  a  full
11    evidentiary hearing.  The court shall hold a full evidentiary
12    hearing  on  the petition within 5 days of the appointment of
13    the   temporary   receiver.    The    public    utility    or
14    telecommunications carrier shall be served with the petition,
15    affidavit,  and  notice  of hearing in the manner provided in
16    this subsection  not  later  than  3  days  before  the  time
17    specified   for   the  full  evidentiary  hearing,  unless  a
18    different period is fixed by order of court.
19        (c)  After a hearing, the court shall  determine  whether
20    to  grant  the  petition.    A  receiver appointed under this
21    Section  shall  be  a  responsible  person,  partnership,  or
22    corporation knowledgeable in the operation  of  the  type  of
23    public  utility  or  telecommunications  carrier  that is the
24    subject of the petition for receivership.
25        (d)  A receiver appointed by the court shall file a bond.
26    The  receiver   shall   operate   the   public   utility   or
27    telecommunications  carrier  to  preserve  its  assets and to
28    serve the best interests  of  its  customers.   The  receiver
29    appointed shall directly or by its agents and attorneys enter
30    upon   and   take  possession  of  the  public  utility's  or
31    telecommunications carrier's facilities  and  operations  and
32    may  exclude  from the public utility's or telecommunications
33    carrier's facilities any or all of the  public  utility's  or
34    telecommunications  carrier's  officers, agents, or employees
 
SB745 Engrossed             -828-              LRB9101253EGfg
 1    and all persons claiming under them.  The receiver shall have
 2    possession and control the facilities and shall exercise  all
 3    rights  and  powers with respect to the facilities that could
 4    be exercised by  the  public  utility  or  telecommunications
 5    carrier.   The  receiver shall maintain, restore, insure, and
 6    make  all  proper  repairs   to   the   public   utility   or
 7    telecommunications  facilities.  The  receiver shall have the
 8    powers and duties necessary for the  continued  operation  of
 9    the  public  utility  or  telecommunications  carrier and the
10    provision of continuous and adequate services to customers.
11        (e)  The receiver shall, in the performance of the powers
12    conferred, act under the supervision of the court making  the
13    appointment.   The  receiver  is  at all times subject to the
14    orders of the court and may be removed  by  the  court.   The
15    court  may  enter  other orders that it considers appropriate
16    for the exercise by the receiver  of  functions  specifically
17    set  forth in this Section. The receiver shall be compensated
18    from the assets of the public utility  or  telecommunications
19    carrier  in  an  amount  to  be  determined by the court.  In
20    addition, in a suit, action, or proceeding by or against  the
21    receiver  of  a public utility or telecommunications carrier,
22    the fees, counsel fees, and expenses of the receiver, if any,
23    that are incurred to prosecute or defend the suit, action, or
24    proceeding shall be paid out of  the  assets  of  the  public
25    utility or telecommunications carrier.
26        (f)  If the receiver determines that the public utility's
27    or  telecommunications carrier's actions that caused it to be
28    placed under the control and responsibility of  the  receiver
29    were  due  to  misappropriation  or wrongful diversion of the
30    assets or income of the company or to other misconduct  by  a
31    director,  officer,  or  manager of the company, the receiver
32    shall file a petition with the circuit court that issued  the
33    order  of  receivership  for  an  order  that  the  director,
34    officer, or manager be ordered to pay compensatory damages to
 
SB745 Engrossed             -829-              LRB9101253EGfg
 1    the  company  because  of the misappropriation, diversion, or
 2    misconduct.
 3        (g)  Control of and responsibility for the public utility
 4    or telecommunications carrier shall remain  in  the  receiver
 5    until,  upon a showing of good cause by the public utility or
 6    telecommunications carrier, the court determines that  it  is
 7    in  the  best  interests  of  its  customers  that the public
 8    utility or telecommunications  carrier  be  returned  to  the
 9    owners or the court determines that the receiver is no longer
10    required. The court may also direct the receiver to liquidate
11    the  assets  of  the  public  utility  or  telecommunications
12    carrier in the manner provided by law.
13        (h)  The  appointment  of a receiver shall be in addition
14    to any other remedies provided by law.
15    (Source: P.A. 88-604, eff. 9-1-94; revised 10-31-98.)

16        (220 ILCS 5/4-502)
17        Sec. 4-502.  Small public utility  or  telecommunications
18    carrier;   acquisition   by   capable   utility;   Commission
19    determination; procedure.
20        (a)  The  Commission may provide for the acquisition of a
21    small public  utility  or  telecommunications  carrier  by  a
22    capable  public utility or telecommunications carrier, if the
23    Commission, after notice and  an  opportunity  to  be  heard,
24    determines one or more of the following:
25             (1)  the  small public utility or telecommunications
26        carrier is failing to provide safe, adequate, or reliable
27        service;
28             (2)  the small public utility or  telecommunications
29        carrier   no   longer   possesses  sufficient  technical,
30        financial,  or  managerial  resources  and  abilities  to
31        provide the service or services for which its certificate
32        was originally granted;
33             (3)  the small public utility or  telecommunications
 
SB745 Engrossed             -830-              LRB9101253EGfg
 1        carrier has been actually or effectively abandoned by its
 2        owners or operators;
 3             (4)  the  small public utility or telecommunications
 4        carrier has defaulted on a bond, note, or loan issued  or
 5        guaranteed  by  a  department, office, commission, board,
 6        authority, or other unit of State government;
 7             (5)  the small public utility or  telecommunications
 8        carrier  has wilfully failed to comply with any provision
 9        of this Act, any other provision of State or federal law,
10        or any  rule,  regulation,  order,  or  decision  of  the
11        Commission; or
12             (6)  the small  public utility or telecommunications
13        carrier has wilfully allowed property owned or controlled
14        by  it  to  be  used  in violation of this Act, any other
15        provision  of  State  or  federal  law,  or   any   rule,
16        regulation, order, or decision of the Commission.
17        (b)  As  used  in  this Section, "small public utility or
18    telecommunications  carrier"  means  a  public   utility   or
19    telecommunications carrier that regularly provides service to
20    fewer than 7,500 customers.
21        (c)  In  making a determination under subsection (a), the
22    Commission shall consider all of the following:
23             (1)  The  financial,   managerial,   and   technical
24        ability of the small public utility or telecommunications
25        carrier.
26             (2)  The   financial,   managerial,   and  technical
27        ability   of   all   proximate   public   utilities    or
28        telecommunications  carriers  providing  the same type of
29        service.
30             (3)  The expenditures that may be necessary to  make
31        improvements    to    the   small   public   utility   or
32        telecommunications  carrier  to  assure  compliance  with
33        applicable statutory and regulatory standards  concerning
34        the  adequacy,  efficiency,  safety, or reasonableness of
 
SB745 Engrossed             -831-              LRB9101253EGfg
 1        utility service.
 2             (4)  The expansion of the service territory  of  the
 3        acquiring  capable  public  utility or telecommunications
 4        carrier to include the service area of the  small  public
 5        utility or telecommunications carrier to be acquired.
 6             (5)  Whether  the  rates  charged  by  the acquiring
 7        capable public utility or telecommunications  carrier  to
 8        its  acquisition  customers  will  increase  unreasonably
 9        because of the acquisition.
10             (6)  Any other matter that may be relevant.
11        (d)  For  the purposes of this Section, a "capable public
12    utility  or  telecommunications  carrier"  means   a   public
13    utility,   as  defined  under  Section  3-105  of  this  Act,
14    including those entities listed in subsections 1 through 5 of
15    Section 3-105, or a telecommunications  carrier,  as  defined
16    under  Section  13-202  of this Act, including those entities
17    listed in subsections (a) and (b) of Section 13-202, that:
18             (1)  regularly provides the same type of service  as
19        the  small  public utility or telecommunications carrier,
20        to 7,500 or more customers, and provides safe,  adequate,
21        and  reliable service to those customers; however, public
22        utility  or   telecommunications   carrier   that   would
23        otherwise be a capable public utility except for the fact
24        that  it has fewer than 7,500 customers may elect to be a
25        capable public utility or telecommunications carrier  for
26        the  purposes of this Section regardless of the number of
27        its customers and regardless of  whether  or  not  it  is
28        proximate    to    the    small    public    utility   or
29        telecommunications carrier to be acquired;
30             (2)  is not an  affiliated  interest  of  the  small
31        public utility or telecommunications carrier;
32             (3)  agrees  to  acquire the small public utility or
33        telecommunications carrier that is  the  subject  of  the
34        proceeding,  under  the terms and conditions contained in
 
SB745 Engrossed             -832-              LRB9101253EGfg
 1        the Commission order approving the acquisition; and
 2             (4)  is financially, managerially,  and  technically
 3        capable  of  acquiring  and  operating  the  small public
 4        utility or telecommunications carrier in compliance  with
 5        applicable statutory and regulatory standards.
 6        (e)  The  Commission  may,  on  its  own  motion  or upon
 7    petition, initiate a proceeding in order to determine whether
 8    an  order  of  acquisition  should  be  entered.   Upon   the
 9    establishment  of  a prima facie case that the acquisition of
10    the small public utility or telecommunications carrier  would
11    be  in  the  public  interest  and  in  compliance  with  the
12    provisions of this Section all of the following apply:
13             (1)  The  small public utility or telecommunications
14        carrier  that  is  the   subject   of   the   acquisition
15        proceedings  has  the  burden  of  proving its ability to
16        render safe, adequate, and reliable service at  just  and
17        reasonable rates.
18             (2)  The  small public utility or telecommunications
19        carrier  that  is  the   subject   of   the   acquisition
20        proceedings  may  present  evidence  to  demonstrate  the
21        practicality    and    feasibility   of   the   following
22        alternatives to acquisition:
23                  (A)  the reorganization  of  the  small  public
24             utility  or  telecommunications  carrier  under  new
25             management;
26                  (B)  the  entering  of  a contract with another
27             public utility,  telecommunications  carrier,  or  a
28             management  or  service company to operate the small
29             public utility or telecommunications carrier;
30                  (C)  the appointment of a receiver  to  operate
31             the   small  public  utility  or  telecommunications
32             carrier,  in  accordance  with  the  provisions   of
33             Section 4-501 of this the Act; or
34                  (D)  the  merger of the small public utility or
 
SB745 Engrossed             -833-              LRB9101253EGfg
 1             telecommunications carrier with one  or  more  other
 2             public utilities or telecommunications carriers.
 3             (3)  A  public utility or telecommunications carrier
 4        that desires to  acquire  the  small  public  utility  or
 5        telecommunications carrier has the burden of proving that
 6        it  is  a  capable  public  utility or telecommunications
 7        carrier.
 8        (f)  Subject to  the  determinations  and  considerations
 9    required  by  subsections  (a), (b), (c), (d) and (e) of this
10    Section, the Commission shall issue an order  concerning  the
11    acquisition of the small public utility or telecommunications
12    carrier  by  a  capable  public utility or telecommunications
13    carrier.  If the  Commission  finds  that  the  small  public
14    utility  or  telecommunications carrier should be acquired by
15    the capable public utility or telecommunications carrier, the
16    order shall also provide for the  extension  of  the  service
17    area   of   the   acquiring   capable   public   utility   or
18    telecommunications carrier.
19        (g)  The  price  for  the acquisition of the small public
20    utility or telecommunications carrier shall be determined  by
21    agreement    between    the    small    public   utility   or
22    telecommunications carrier and the acquiring  capable  public
23    utility   or   telecommunications   carrier   subject   to  a
24    determination by the Commission that the price is reasonable.
25    If the small public utility or telecommunications carrier and
26    the acquiring capable public  utility  or  telecommunications
27    carrier  are  unable to agree on the acquisition price or the
28    Commission disapproves the acquisition price upon which  they
29    have  agreed,  the  Commission shall issue an order directing
30    the acquiring capable public  utility  or  telecommunications
31    carrier    to   acquire   the   small   public   utility   or
32    telecommunications  carrier  by   following   the   procedure
33    prescribed  for  the exercise of the powers of eminent domain
34    under  Section 8-509 of this the Act.
 
SB745 Engrossed             -834-              LRB9101253EGfg
 1        (h)  The Commission may, in  its  discretion  and  for  a
 2    reasonable  period  of  time  after  the date of acquisition,
 3    allow   the   acquiring    capable    public    utility    or
 4    telecommunications  carrier  to charge and collect rates from
 5    the  customers  of  the  acquired  small  public  utility  or
 6    telecommunications carrier under a separate tariff.
 7        (i)  A  capable  public  utility  or   telecommunications
 8    carrier  ordered  by the Commission to acquire a small public
 9    utility or telecommunications carrier  shall  submit  to  the
10    Commission  for  approval  before  the  acquisition  a  plan,
11    including  a timetable, for bringing the small public utility
12    or telecommunications carrier into compliance with applicable
13    statutory and regulatory  standards.
14    (Source: P.A. 88-604, eff. 9-1-94; revised 10-31-98.)

15        (220 ILCS 5/7-102) (from Ch. 111 2/3, par. 7-102)
16        Sec. 7-102. Transactions requiring Commission approval.
17        (A)  Unless the consent and approval of the Commission is
18    first obtained or unless  such  approval  is  waived  by  the
19    Commission  or  is exempted in accordance with the provisions
20    of this Section or of any other Section of this Act:
21             (a)  No 2 or more public utilities  may  enter  into
22        contracts  with  each  other that will enable such public
23        utilities to operate their lines or plants in  connection
24        with each other.;
25             (b)  No  public  utility  may purchase, lease, or in
26        any other manner acquire  control,  direct  or  indirect,
27        over   the   franchises,   licenses,   permits,   plants,
28        equipment, business or other property of any other public
29        utility.;
30             (c)  No  public utility may assign, transfer, lease,
31        mortgage, sell (by option  or  otherwise),  or  otherwise
32        dispose  of  or  encumber  the  whole  or any part of its
33        franchises,   licenses,   permits,   plant,    equipment,
 
SB745 Engrossed             -835-              LRB9101253EGfg
 1        business, or other property, but the consent and approval
 2        of  the  Commission  shall  not be required for the sale,
 3        lease, assignment or transfer (1) by any  public  utility
 4        of  any tangible personal property which is not necessary
 5        or useful in the performance of its duties to the public,
 6        or (2) by any railroad of any real or  tangible  personal
 7        property.;
 8             (d)  No  public  utility may by any means, direct or
 9        indirect, merge or consolidate its franchises,  licenses,
10        permits,  plants,  equipment,  business or other property
11        with that of any other public utility.;
12             (e)  No public utility may purchase,  acquire,  take
13        or receive any stock, stock certificates, bonds, notes or
14        other  evidences  of  indebtedness  of  any  other public
15        utility.;
16             (f)  No public utility may in any  manner,  directly
17        or  indirectly, guarantee the performance of any contract
18        or  other  obligation  of  any  other  person,  firm   or
19        corporation whatsoever.;
20             (g)  No  public  utility  may  use,  appropriate, or
21        divert any of its moneys, property or other resources  in
22        or  to  any business or enterprise which is not, prior to
23        such use,  appropriation  or  diversion  essentially  and
24        directly   connected  with  or  a  proper  and  necessary
25        department or division of the  business  of  such  public
26        utility;  provided  that  this  subsection  shall  not be
27        construed as modifying subsections  (a)  through  (e)  of
28        this Section.;
29             (h)  No  public utility may, directly or indirectly,
30        invest, loan or advance, or permit to be invested, loaned
31        or  advanced  any  of  its  moneys,  property  or   other
32        resources  in,  for, in behalf of or to any other person,
33        firm, trust, group, association, company  or  corporation
34        whatsoever,  except  that  no  consent or approval by the
 
SB745 Engrossed             -836-              LRB9101253EGfg
 1        Commission is necessary for  the  purchase  of  stock  in
 2        development   credit  corporations  organized  under  the
 3        Illinois Development Credit  Corporation  Act,  providing
 4        that  no  such  purchase  may  be made hereunder if, as a
 5        result of such purchase, the cumulative purchase price of
 6        all  such  shares  owned  by  the  utility  would  exceed
 7        one-fiftieth of one  per  cent  of  the  utility's  gross
 8        operating revenue for the preceding calendar year.
 9        (B) (i)  Any public utility may present to the Commission
10    for  approval  options  or  contracts  to  sell or lease real
11    property, notwithstanding that  the  value  of  the  property
12    under  option may have changed between the date of the option
13    and the subsequent date of sale or lease. If the  options  or
14    contracts are approved by the Commission, subsequent sales or
15    leases  in conformance with those options or contracts may be
16    made by the public utility without any further action by  the
17    Commission. If approval of the options or contracts is denied
18    by  the Commission, the options or contracts are void and any
19    consideration theretofore paid to the public utility must  be
20    refunded   within   30  days  following  disapproval  of  the
21    application.
22        (C)  The proceedings for obtaining the  approval  of  the
23    Commission  provided  for  it  in  this  Section  shall be as
24    follows: There shall be filed with the Commission a petition,
25    joint or otherwise, as the case may be, signed  and  verified
26    by  the  president, any vice president, secretary, treasurer,
27    comptroller,  general  manager,  or  chief  engineer  of  the
28    respective companies, or by the person  or  company,  as  the
29    case  may  be,  clearly setting forth the object and purposes
30    desired, and setting forth the full and complete terms of the
31    proposed assignment,  transfer,  lease,  mortgage,  purchase,
32    sale,  merger,  consolidation, contract or other transaction,
33    as the case may be. Upon the filing  of  such  petition,  the
34    Commission shall, if it deems necessary, fix a time and place
 
SB745 Engrossed             -837-              LRB9101253EGfg
 1    for  the  hearing  thereon. After such hearing, or in case no
 2    hearing is required, if the Commission is satisfied that such
 3    petition should reasonably be granted, and  that  the  public
 4    will  be convenienced thereby, the Commission shall make such
 5    order in the premises as  it  may  deem  proper  and  as  the
 6    circumstances  may  require,  attaching such conditions as it
 7    may deem proper, and thereupon it shall be lawful to  do  the
 8    things  provided  for  in  such  order.  The Commission shall
 9    impose such  conditions  as  will  protect  the  interest  of
10    minority and preferred stockholders.
11        (D)  The  Commission  shall  have  power by general rules
12    applicable alike to all public utilities, other than electric
13    and gas public  utilities,  affected  thereby  to  waive  the
14    filing and necessity for approval of the following: (a) sales
15    of  property  involving  a  consideration  of  not  more than
16    $300,000 for utilities  with  gross  revenues  in  excess  of
17    $50,000,000  annually  and  a  consideration of not more than
18    $100,000 for all other utilities;  (b)  leases, easements and
19    licenses involving a consideration or rental of not more than
20    $30,000 per year for utilities with gross revenues in  excess
21    of  $50,000,000 annually and a consideration or rental of not
22    more than $10,000 per  year  for  all  other  utilities;  (c)
23    leases  of  office  building space not required by the public
24    utility in rendering service to the public; (d) the temporary
25    leasing,  lending  or  interchanging  of  equipment  in   the
26    ordinary  course  of business or in case of an emergency; and
27    (e) purchase-money mortgages given by  a  public  utility  in
28    connection  with  the  purchase of tangible personal property
29    where the total obligation to be  secured  shall  be  payable
30    within  a  period  not  exceeding  one  year. However, if the
31    Commission, after a hearing, finds that any public utility to
32    which such rule is applicable is abusing or has  abused  such
33    general  rule  and  thereby  is  evading  compliance with the
34    standard established herein, the Commission shall have  power
 
SB745 Engrossed             -838-              LRB9101253EGfg
 1    to require such public utility to thereafter file and receive
 2    the  Commission's  approval  upon  all  such  transactions as
 3    described in this Section, but such general rule shall remain
 4    in full force and effect as to all other public utilities  to
 5    which such rule is applicable.
 6        (E)  The  filing  of, and the consent and approval of the
 7    Commission for, any assignment,  transfer,  lease,  mortgage,
 8    purchase,  sale,  merger,  consolidation,  contract  or other
 9    transaction by an electric or gas public utility  with  gross
10    revenues   in  all  jurisdictions  of  $250,000,000  or  more
11    annually involving a sale price or annual consideration in an
12    amount of $5,000,000 or less  shall  not  be  required.   The
13    Commission  shall  also have the authority, on petition by an
14    electric or gas public utility with  gross  revenues  in  all
15    jurisdictions  of $250,000,000 or more annually, to establish
16    by  order  higher  thresholds  than  the  foregoing  for  the
17    requirement of approval of  transactions  by  the  Commission
18    pursuant  to  this  Section  for  the  electric or gas public
19    utility, but no greater than 1% of the electric or gas public
20    utility's average total gross utility plant in service in the
21    case of sale, assignment or acquisition of property, or  2.5%
22    of  the electric or gas public utility's total revenue in the
23    case of other sales price or annual  consideration,  in  each
24    case based on the preceding calendar year, and subject to the
25    power of the Commission, after notice and hearing, to further
26    revise  those thresholds at a later date.  In addition to the
27    foregoing, the Commission shall have power by  general  rules
28    applicable  alike  to  all  electric and gas public utilities
29    affected thereby  to  waive  the  filing  and  necessity  for
30    approval  of the following: (a) sales of property involving a
31    consideration of  $100,000  or  less  for  electric  and  gas
32    utilities  with  gross  revenues in all jurisdictions of less
33    than  $250,000,000  annually;  (b)  leases,   easements   and
34    licenses involving a consideration or rental of not more than
 
SB745 Engrossed             -839-              LRB9101253EGfg
 1    $10,000  per  year  for electric and gas utilities with gross
 2    revenues in  all  jurisdictions  of  less  than  $250,000,000
 3    annually; (c) leases of office building space not required by
 4    the  electric  or  gas public utility in rendering service to
 5    the  public;  (d)   the   temporary   leasing,   lending   or
 6    interchanging of equipment in the ordinary course of business
 7    or  in  the  case  of  an  emergency;  and (e) purchase-money
 8    mortgages given by an  electric  or  gas  public  utility  in
 9    connection  with  the  purchase of tangible personal property
10    where the total obligation to be  secured  shall  be  payable
11    within  a  period  of  one  year  or  less.   However, if the
12    Commission, after a hearing, finds that any electric  or  gas
13    public utility is abusing or has abused such general rule and
14    thereby  is  evading compliance with the standard established
15    herein, the Commission  shall  have  power  to  require  such
16    electric or gas public utility to thereafter file and receive
17    the  Commission's  approval  upon  all  such  transactions as
18    described in this Section and not exempted  pursuant  to  the
19    first  sentence  of  this  paragraph  or to subsection (g) of
20    Section 16-111 of this  Act,  but  such  general  rule  shall
21    remain  in full force and effect as to all other electric and
22    gas public utilities.
23        Every assignment,  transfer,  lease,  mortgage,  sale  or
24    other  disposition or encumbrance of the whole or any part of
25    the franchises, licenses, permits, plant, equipment, business
26    or other property of any public utility,  or  any  merger  or
27    consolidation thereof, and every contract, purchase of stock,
28    or  other  transaction  referred  to  in this Section and not
29    exempted in accordance with the provisions of the immediately
30    preceding paragraph of this Section, made otherwise  than  in
31    accordance  with  an  order of the Commission authorizing the
32    same, except as provided in this Section, shall be void.  The
33    provisions   of   this   Section   shall  not  apply  to  any
34    transactions by or with a political subdivision or  municipal
 
SB745 Engrossed             -840-              LRB9101253EGfg
 1    corporation of this State.
 2        (F)  The  provisions  of this Section do not apply to the
 3    purchase or sale of emission  allowances  created  under  and
 4    defined  in  Title IV of the federal Clean Air Act Amendments
 5    of 1990 (P.L. 101-549), as amended.
 6    (Source: P.A. 89-99,  eff.  7-7-95;  90-561,  eff.  12-16-97;
 7    revised 10-31-98.)

 8        (220 ILCS 5/7-106)
 9        Sec.  7-106.  (a) Subject to the limitations contained in
10    this Section  7-106,  and  notwithstanding  anything  to  the
11    contrary in Section 6-103 and items subsections (f), (g), and
12    (h)  of  subsection  (A)  of Section 7-102 of this Act or any
13    rule or regulation promulgated by the Commission  under  this
14    Act,  a  public  utility  that has filed, pursuant to Section
15    7-105(d) of this Act, the information  described  in  Section
16    7-204A(a)  of  this Act, may, without the approval or consent
17    of, or other prior filing with, the Commission, form,  invest
18    moneys denominated in United States dollars in, and guarantee
19    contractual  obligations of a subsidiary which engages in any
20    business that provides to  persons,  corporations,  municipal
21    corporations,   or  other  entities  that  are  customers  or
22    potential  customers  of  the  public  utility  (i)  heating,
23    cooling,  or  lighting  services;  (ii)   energy   management
24    services;   or   (iii)   design,  development,  construction,
25    engineering,   financial,   maintenance,    management,    or
26    consulting   services   for  owners,  lessees,  managers,  or
27    operators of facilities for the generation, transmission,  or
28    distribution of electricity; each such subsidiary is referred
29    to in this Act as a "Section 7-106 subsidiary".
30        (b)  Prior   to   investing   in   or   guaranteeing  any
31    contractual obligations of a Section  7-106  subsidiary,  the
32    utility   shall   file   with   the  Commission  a  statement
33    identifying all  public  utility  assets  or  information  in
 
SB745 Engrossed             -841-              LRB9101253EGfg
 1    existence, such as customer lists, which the utility plans to
 2    transfer  to  or  permit  the Section 7-106 subsidiary or any
 3    associate or  affiliate  of  the  subsidiary  to  use,  which
 4    statement  shall  include a description of the proposed terms
 5    and conditions under which the assets or information will  be
 6    transferred or used.
 7        (c)  In  any  proceeding pending before the Commission to
 8    determine the rates to be charged for electric service  by  a
 9    public utility which has a Section 7-106 subsidiary, or which
10    is  a  subsidiary  of  a holding company formed under Section
11    7-105 of this Act, the Commission  shall  reduce  the  public
12    utility's  rates  to reflect the additional amount of revenue
13    it would have earned during the  test  year  if  the  Section
14    7-106   subsidiary,   such  holding  company,  or  any  other
15    subsidiary company of such holding company had  not  provided
16    the  customer with the services described in items (i), (ii),
17    and (iii) of subsection (a) of this Section.  The  Commission
18    shall not reduce the revenues of the public utility unless it
19    finds  that  there  was  no  reasonable  probability that the
20    customer would have obtained the services described in  items
21    (i),  (ii),  and (iii) of subsection (a) of this Section from
22    another source (including the customer), if such  subsidiary,
23    holding  company, or other subsidiary company had not entered
24    into a contract or arrangement with the customer.  A  written
25    statement  by an employee or authorized agent of the customer
26    that  such  services  are  available   from   other   sources
27    (including  the  customer)  and  that  such agent or employee
28    believes that there was a  reasonable  probability  that  the
29    customer  would  have  so obtained such services from another
30    source (including the customer) shall constitute prima  facie
31    evidence  of  such  reasonable probability. The provisions of
32    this subsection  shall  not  be  construed  as  limiting  the
33    authority  of  the Commission with respect to rates under any
34    other Section of this Act.
 
SB745 Engrossed             -842-              LRB9101253EGfg
 1        (d)  The  aggregate  amount   of   a   public   utility's
 2    investments   in,   and   guarantees   of,   the  contractual
 3    obligations  of  Section  7-106  subsidiaries   without   the
 4    approval or consent of, or prior filing with, the Commission,
 5    outstanding  at  the  time  of and after giving effect to any
 6    such investment or guarantee, shall not exceed as of the date
 7    of such investment or guarantee an amount equal to the lesser
 8    of $170,000,000 or 20% of the retained earnings of the public
 9    utility as reported on its most recent annual report  to  the
10    Commission.   The  amount  of  each  such  guarantee shall be
11    limited to a maximum dollar amount which shall  be  specified
12    in  such  guarantee.   The terms of each such guarantee shall
13    provide that it shall terminate, and it shall  terminate,  at
14    the  time  that the public utility liquidates or transfers to
15    any entity or person, the interest  and  investment  of  such
16    public   utility   in  the  Section  7-106  subsidiary  whose
17    obligations are subject to such guarantee.  The authority  of
18    a  public  utility to invest in and guarantee the contractual
19    obligations  of  a  Section  7-106  subsidiary  without   the
20    approval or consent of, or prior filing with, the Commission,
21    as  permitted by this Section 7-106, shall expire on the date
22    such public utility liquidates or transfers its interest  and
23    investment in such Section 7-106 subsidiary.
24        (e)  The  Commission shall not consider the investment of
25    a public utility in or its obligation to make  an  investment
26    in  a  Section 7-106 subsidiary, or the guarantee by a public
27    utility of  contractual  obligations  of  its  Section  7-106
28    subsidiaries,  in  considering  the  amount  or  terms of any
29    reparations or refunds to be made by such public  utility  to
30    its customers.
31        (f)  On   the  date  that  a  public  utility  becomes  a
32    subsidiary company of a holding company pursuant  to  Section
33    7-105 of this Act, such public utility shall either:
34             (i)  liquidate   or   transfer   its   interest  and
 
SB745 Engrossed             -843-              LRB9101253EGfg
 1        investment in its  Section  7-106  subsidiaries  to  such
 2        holding  company  or  to  any other entity or person in a
 3        transaction which does not require the prior approval  or
 4        consent  of the Commission under Section 7-101 or Section
 5        7-102 of this Act, or
 6             (ii)  file with  the  Commission  for  its  approval
 7        under  Section 7-101 or Section 7-102 of this Act, a plan
 8        for such public utility  to  liquidate  or  transfer  its
 9        interest    and   investment   in   its   Section   7-106
10        subsidiaries.
11        (g)  If on the 550th day after the effective date of this
12    amendatory  Act  of  1993  such  public  utility  is  not   a
13    subsidiary  company of a holding company, such public utility
14    shall on such 550th day either:
15             (i)  liquidate  or   transfer   its   interest   and
16        investment  in  its  Section  7-106  subsidiaries  to any
17        entity or person in a transaction which does not  require
18        the  prior  approval  or  consent of the Commission under
19        Section 7-101 or Section 7-102 of this Act, or
20             (ii)  file with  the  Commission  for  its  approval
21        under  Section 7-101 or Section 7-102 of this Act, a plan
22        for such public utility  to  liquidate  or  transfer  its
23        interest    and   investment   in   its   Section   7-106
24        subsidiaries, or
25             (iii)  file with the Commission a  petition  for  an
26        extension   of   time  within  which:  (A)  to  become  a
27        subsidiary company of  a  holding  company  and  to  take
28        action  pursuant to subsection (f) of this Section 7-106;
29        or (B) to take action pursuant to either subparagraph (i)
30        or subparagraph (ii) of subsection (g)  of  this  Section
31        7-106.   The  Commission shall grant such extension to an
32        appropriate date unless it finds that the public  utility
33        has  not  taken action in a timely and appropriate manner
34        to seek all regulatory, shareholder, and other  authority
 
SB745 Engrossed             -844-              LRB9101253EGfg
 1        for or, after obtaining all such authority, has not taken
 2        action  in  a  timely  and appropriate manner to effect a
 3        transaction in which such public utility would  become  a
 4        subsidiary   company   of  a  holding  company.   If  the
 5        Commission finds that the public utility  has  not  taken
 6        action  in  a  timely  and appropriate manner to seek all
 7        regulatory, shareholder,  and  other  authority  for  or,
 8        after  obtaining all such authority, has not taken action
 9        in  a  timely  and  appropriate  manner   to   effect   a
10        transaction  in  which such public utility would become a
11        subsidiary company of a holding company,  the  Commission
12        shall  deny  the  public  utility's  petition  and  shall
13        approve  a  plan  for such public utility to liquidate or
14        transfer its interests and  investments  in  its  Section
15        7-106   subsidiaries.    During   the   pendency  of  the
16        proceeding  before  the  Commission  initiated   by   the
17        petition  filed  by  the  public utility, the utility may
18        continue to engage in activities  described  in  Sections
19        7-105 and 7-106, as provided therein.
20        (h)  Contracts  or  arrangements between a public utility
21    and its Section 7-106 subsidiaries,  including  contracts  or
22    arrangements  for  any  services  described  in Section 7-106
23    (a)(i),  (ii),  and  (iii),  but  excluding  investments  and
24    guarantees permitted by this Section 7-106, shall be  subject
25    to  the  jurisdiction of the Commission under Sections 7-101,
26    7-102, 7-204A(b), and other applicable provisions, if any, of
27    this Act, except that such public utility  may,  pursuant  to
28    contracts  or arrangements filed with the Commission, provide
29    its Section 7-106  subsidiaries  with  office  facilities  or
30    administrative  and  management services which are reasonably
31    necessary for the management of the business of  its  Section
32    7-106  subsidiaries,  which  contracts  or arrangements shall
33    become effective upon such public  utility  filing  with  the
34    Commission  a  petition  seeking Commission approval thereof,
 
SB745 Engrossed             -845-              LRB9101253EGfg
 1    and such contracts and arrangements shall  remain  in  effect
 2    unless  modified  by  the  Commission after a hearing on such
 3    petition in which such public utility shall have  the  burden
 4    of  proving the reasonable necessity of the provision of such
 5    facilities and  services.   Such  contracts  or  arrangements
 6    shall  require  each  Section  7-106 subsidiary to pay to the
 7    public utility the fair market value  for  the  use  of  such
 8    facilities  and  services.  The public utility shall keep its
 9    books of account and other records  in  a  manner  that  will
10    enable  the  Commission  to  determine  the  propriety of any
11    allocation of  costs  between  the  public  utility  and  its
12    Section  7-106  subsidiaries.   The  burden  of  proving  the
13    propriety  of  any  such  allocation  shall  be on the public
14    utility. The public utility shall also  have  the  burden  of
15    proving  that  it  has  received  or will receive fair market
16    value for all facilities or services provided to its  Section
17    7-106 subsidiaries under this Section 7-106.
18        (i)  The  costs  of  any  public utility investment in or
19    guarantee of the contractual obligations of its Section 7-106
20    subsidiaries shall not be included in rate base or treated as
21    allowable expenses for purposes of determining the  rates  to
22    be charged by the public utility.
23        (j)  No public utility shall have any liability to any of
24    its  Section 7-106 subsidiaries, except any obligation it may
25    have to make investments in such Section  7-106  subsidiaries
26    in  accordance  with  this  Section 7-106.  No public utility
27    shall have any liability for any obligation or  liability  of
28    any  of  its  Section  7-106  subsidiaries,  except under any
29    guarantee of contractual obligations of  such  Section  7-106
30    subsidiaries made in accordance with this Section 7-106.
31        (k)  No  Section  7-106  subsidiary  shall  engage in the
32    repair or servicing of  home  or  other  consumer  appliances
33    except in emergencies posing a threat to life or property.
34    (Source: P.A. 88-83; revised 1-21-99.)
 
SB745 Engrossed             -846-              LRB9101253EGfg
 1        (220 ILCS 5/9-241) (from Ch. 111 2/3, par. 9-241)
 2        Sec.  9-241.   No  public  utility  shall, as to rates or
 3    other charges, services, facilities or in other respect, make
 4    or grant any preference or advantage to  any  corporation  or
 5    person  or subject any corporation or person to any prejudice
 6    or  disadvantage.  No  public  utility  shall  establish   or
 7    maintain  any  unreasonable  difference  as to rates or other
 8    charges, services,  facilities,  or  in  any  other  respect,
 9    either  as  between  localities  or  as  between  classes  of
10    service.
11        However,  nothing  in  this Section shall be construed as
12    limiting the  authority  of  the  Commission  to  permit  the
13    establishment  of economic development rates as incentives to
14    economic development either in enterprise zones as designated
15    by the State of Illinois or in other  areas  of  a  utility's
16    service  area.  Such  rates  should  be available to existing
17    businesses which demonstrate an increase to existing load  as
18    well as new businesses which create new load for a utility so
19    as  to  create  a  more  balanced  utilization  of generating
20    capacity.  The Commission shall ensure that  such  rates  are
21    established  at  a  level  which  provides  a  net benefit to
22    customers within a public utility's service area.
23        Prior to October 1, 1989,  no  public  utility  providing
24    electrical  or gas service shall consider the use of solar or
25    other  nonconventional  renewable  sources  of  energy  by  a
26    customer as a basis for establishing higher rates or  charges
27    for any service or commodity sold to such customer; nor shall
28    a  public  utility subject any customer utilizing such energy
29    source or sources to any other prejudice or  disadvantage  on
30    account  of  such  use.  No  public utility shall without the
31    consent of the Commission,  charge  or  receive  any  greater
32    compensation   in  the  aggregate  for  a  lesser  commodity,
33    product, or service than for a greater commodity, product  or
34    service of like character.
 
SB745 Engrossed             -847-              LRB9101253EGfg
 1        The Commission, in order to expedite the determination of
 2    rate  questions,  or  to  avoid  unnecessary and unreasonable
 3    expense, or to avoid unjust  or  unreasonable  discrimination
 4    between classes of customers, or, whenever in the judgment of
 5    the  Commission  public  interest so requires, may,; for rate
 6    making and accounting purposes, or either of  them,  consider
 7    one  or  more  municipalities  either  with  or  without  the
 8    adjacent  or  intervening  rural territory as a regional unit
 9    where the  same  public  utility  serves  such  region  under
10    substantially  similar conditions, and may within such region
11    prescribe uniform rates for consumers or patrons of the  same
12    class.
13        Any  public utility, with the consent and approval of the
14    Commission, may as a  basis  for  the  determination  of  the
15    charges  made  by  it  classify  its service according to the
16    amount used, the time when used, the purpose for which  used,
17    and other relevant factors.
18    (Source: P.A. 84-1308; revised 10-31-98.)

19        (220 ILCS 5/13-403) (from Ch. 111 2/3, par. 13-403)
20        (Section scheduled to be repealed on July 1, 2001)
21        Sec.  13-403.  Interexchange service authority; approval.
22    The Commission shall approve an application for a Certificate
23    of Interexchange Service Authority only upon a showing by the
24    applicant, and a finding by the Commission, after notice  and
25    hearing,  that  the applicant possesses sufficient technical,
26    financial and managerial resources and abilities  to  provide
27    interexchange  telecommunications  service.  The removal from
28    this Section of the dialing restrictions by  this  amendatory
29    Act  of  1992 does not create any legislative presumption for
30    or  against  intra-Market  Service  Area  presubscription  or
31    changes in intra-Market  Service  Area  dialing  arrangements
32    related  to  the  implementation of that presubscription, but
33    simply vests jurisdiction in the Illinois Commerce Commission
 
SB745 Engrossed             -848-              LRB9101253EGfg
 1    to  consider  after  notice  and   hearing   the   issue   of
 2    presubscription  in accordance with the policy goals outlined
 3    in Section 13-103.
 4        The  Commission  shall  have  authority  to   alter   the
 5    boundaries  of  Market  Service Areas when such alteration is
 6    consistent with the public  interest  and  the  purposes  and
 7    policies  of  this Article. A determination by the Commission
 8    with respect to Market  Service  Area  boundaries  shall  not
 9    modify   or   affect   the   rights  or  obligations  of  any
10    telecommunications carrier with respect to any consent decree
11    or agreement with the United States  Department  of  Justice,
12    including,  but  not  limited  to,  the Modification of Final
13    Judgment in United States v. Western  Electric  Co.,  552  F.
14    Supp.  131  (D.D.C.  D.C.C.  1982),  as modified from time to
15    time.
16    (Source: P.A. 87-856; revised 10-31-98.)

17        Section 122.  The Citizens Utility Board Act  is  amended
18    by changing Section 3 as follows:

19        (220 ILCS 10/3) (from Ch. 111 2/3, par. 903)
20        Sec.  3.   Definitions.  As used in this Act: (1) "Board"
21    means the board of directors of the corporation.
22        (2)  "Campaign contribution" means a gift,  subscription,
23    loan,  advance or deposit of money or anything of value, made
24    for the purpose of electing a candidate to the  board;  or  a
25    contract, a promise or agreement, express or implied, whether
26    or   not   legally   enforceable,   to   make   any  campaign
27    contribution; but does not  include  the  value  of  services
28    provided  without compensation by individuals who volunteer a
29    portion or all of their time on  behalf  of  a  candidate  or
30    political  committee, or the use of real or personal property
31    and the cost of invitations, food and beverages,  voluntarily
32    provided  by  an  individual  to  a  candidate  in  rendering
 
SB745 Engrossed             -849-              LRB9101253EGfg
 1    voluntary  personal  services on the individual's residential
 2    premises for candidate-related activities if  the  cumulative
 3    value  of  the  activities to the individual on behalf of any
 4    candidate does not exceed $100 for any election elections.
 5        (3)  "Campaign expenditures" means  a  purchase,  payment
 6    distribution,  loan,  advance,  deposit  or  gift of money or
 7    anything of  value,  made  for  the  purpose  of  electing  a
 8    candidate to the board; or a contract, promise, or agreement,
 9    express  or  implied,  whether or not legally enforceable, to
10    make any campaign expenditure; but does not include  the  use
11    of  real  or  personal  property and the cost of invitations,
12    food and beverages, voluntarily provided by an individual  to
13    a  candidate  in rendering voluntary personal services on the
14    individual's  residential  premises   for   candidate-related
15    activities  if  the cumulative value of the activities by the
16    individual on behalf of any candidate does  not  exceed  $100
17    for any election.
18        (4)  "Class  A  utility" means any gas, electric or water
19    public utility with annual total gross operating revenues  of
20    $2.5  million  or  more  or any telephone public utility with
21    annual total gross operating revenues of $1,600,000  or  more
22    on the effective date of this Act.
23        (5)  "Corporation" means the citizens utility board.
24        (6)  "Director" means any member of the board.
25        (7)  "District"   means   a   corporation  district,  the
26    boundaries of which are congruent with the boundaries of  the
27    Congressional districts in the State.
28        (8)  "Immediate  family"  of  a person means the person's
29    spouse and legal dependents.
30        (9)  "Member"  means  any  person   who   satisfies   the
31    requirements for membership under Section 4.
32        (10)  "Periodic  customer  billing"  means  a  demand for
33    payment for  utility  services  by  a  public  utility  to  a
34    residential  utility  consumer  on a monthly or other regular
 
SB745 Engrossed             -850-              LRB9101253EGfg
 1    basis.
 2        (11)  "Political committee" means  any  committee,  club,
 3    association  or  other  group  of persons which make campaign
 4    expenditures or receive  campaign  contributions  during  the
 5    year before an election of the board.
 6        (12)  "Public   utility"   means  any  person  who  owns,
 7    operates, manages or controls any plant or equipment  or  any
 8    part  of  a  plant  or  equipment,  within the State, for the
 9    conveyance of  telephone  messages  or  for  the  production,
10    transmission, delivery or furnishing of heat, light, water or
11    power  either  directly  or  indirectly to or for the public.
12    "Public  utility"  includes  any  person   engaged   in   the
13    transmission  or  delivery  of  natural  gas for compensation
14    within this  State  by  means  of  pipes  or  mains.  "Public
15    utility" does not include a cooperative association organized
16    for  the   purpose  of  furnishing  telephone  service to its
17    members only. "Public  utility"  does  not  include  electric
18    cooperatives  as  defined  in  Section  3-119  of  the Public
19    Utilities Act "An Act concerning public utilities",  approved
20    June 29, 1921, as amended. However, "public utility" does not
21    include  either  public utilities that are owned and operated
22    by a political  subdivision,  public  institution  of  higher
23    education  or  municipal  corporation of this State or public
24    utilities that  are  owned  by  such  political  subdivision,
25    public   institution   of   higher  education,  or  municipal
26    corporation and operated by any of its lessees  or  operating
27    agents.
28        (13)  "Utility  consumer" means any individual or entity,
29    which is not governmental  or  a  public  utility,  which  is
30    located  in  this State and which is furnished with a utility
31    service by a public utility.
32        (14)  "Utility service" means electricity,  natural  gas,
33    water and telephone service supplied by a public utility.
34    (Source: P.A. 84-1308; revised 10-31-98.)
 
SB745 Engrossed             -851-              LRB9101253EGfg
 1        Section 123.  The Illinois Athletic Trainers Practice Act
 2    is amended by changing Sections 3 and 16 as follows:

 3        (225 ILCS 5/3) (from Ch. 111, par. 7603)
 4        Sec. 3.  Definitions.  As used in this Act:
 5        (1)  "Department"  means  the  Department of Professional
 6    Regulation.
 7        (2)  "Director"  means  the  Director   of   Professional
 8    Regulation.
 9        (3)  "Board"   means   the  Illinois  Board  of  Athletic
10    Trainers appointed by the Director.
11        (4)  "Licensed athletic trainer" means a person  licensed
12    to practice athletic training as defined in this Act and with
13    the  specific  qualifications  set  forth in Section 9 (9) of
14    this Act,  who,  upon  the  direction  of  his  or  her  team
15    physician  or  and/or  consulting  physician, carries out the
16    practice of  prevention/emergency  care  or  and/or  physical
17    reconditioning of injuries incurred by athletes participating
18    in   an   athletic   program   conducted  by  an  educational
19    institution,   professional   athletic    organization,    or
20    sanctioned   amateur   athletic  organization  employing  the
21    athletic trainer; or a person who, under the direction  of  a
22    physician,  carries  out  comparable  functions  for a health
23    organization-based extramural program  of  athletic  training
24    services  for  athletes.  Specific  duties  of  the  athletic
25    trainer include but are not limited to:
26             A.  Supervision   of  the  selection,  fitting,  and
27        maintenance of protective equipment;
28             B.  Provision of assistance to the coaching staff in
29        the  development  and  implementation   of   conditioning
30        programs;
31             C.  Counseling of athletes on nutrition and hygiene;
32             D.  Supervision  of  athletic  training facility and
33        inspection of playing facilities;
 
SB745 Engrossed             -852-              LRB9101253EGfg
 1             E.  Selection and maintenance of  athletic  training
 2        equipment and supplies;
 3             F.  Instruction  and  supervision of student trainer
 4        staff;
 5             G.  Coordination with a team physician to provide:
 6                  (i)  pre-competition physical exam  and  health
 7             history updates,
 8                  (ii)  game   coverage  or  phone  access  to  a
 9             physician or paramedic,
10                  (iii)  follow-up injury care,
11                  (iv)  reconditioning programs, and
12                  (v)  assistance on all  matters  pertaining  to
13             the health and well-being of athletes.
14             H.  Provision  of on-site injury care and evaluation
15        as  well   as   appropriate   transportation,   follow-up
16        treatment   and   rehabilitation  as  necessary  for  all
17        injuries sustained by athletes in the program;
18             I.  With  a  physician,  determination  of  when  an
19        athlete  may  safely   return   to   full   participation
20        post-injury; and
21             J.  Maintenance  of complete and accurate records of
22        all athletic injuries and treatments rendered.
23        (5)  "Referral" means the guidance or  direction  to  the
24    athletic  trainer  given by the physician, who shall maintain
25    supervision of the athlete.
26        To carry out these  functions  the  athletic  trainer  is
27    authorized  to utilize modalities such as heat, light, sound,
28    cold, electricity, exercise, or mechanical devices related to
29    care and reconditioning.
30        (5)  "Referral" means the guidance or  direction  to  the
31    athletic  trainer  given by the physician, who shall maintain
32    supervision of the athlete.
33    (Source: P.A. 89-216, eff. 1-1-96; revised 10-31-98.)
 
SB745 Engrossed             -853-              LRB9101253EGfg
 1        (225 ILCS 5/16) (from Ch. 111, par. 7616)
 2        Sec. 16.  Refusal to issue, suspension, or revocation  of
 3    license.  The Department may refuse to issue or renew, or may
 4    revoke, suspend, place on probation, reprimand, or take other
 5    disciplinary  action  as  the  Department  may  deem  proper,
 6    including fines not to exceed $1,000 for each violation, with
 7    regard  to  any  licensee  for  any one or combination of the
 8    following:
 9        (A)  Material misstatement in furnishing  information  to
10    the Department;
11        (B)  Negligent  or  intentional disregard of this Act, or
12    of the rules or regulations promulgated hereunder;
13        (C)  Conviction of any crime under the laws of the United
14    States or any state or territory thereof that is a felony  or
15    a   misdemeanor,   and  an  essential  element  of  which  is
16    dishonesty, or of any crime that is directly related  to  the
17    practice of the profession;
18        (D)  Making  any  misrepresentation  for  the  purpose of
19    obtaining registration, or violating any  provision  of  this
20    Act;
21        (E)  Professional incompetence;
22        (F)  Malpractice;
23        (G)  Aiding  or assisting another person in violating any
24    provision of this Act or rules;
25        (H)  Failing, within 60 days, to provide  information  in
26    response to a written request made by the Department;
27        (I)  Engaging     in    dishonorable,    unethical,    or
28    unprofessional conduct of  a  character  likely  to  deceive,
29    defraud or harm the public;
30        (J)  Habitual  intoxication  or  addiction  to the use of
31    drugs;
32        (K)  Discipline by another state, District  of  Columbia,
33    territory,  or foreign nation, if at least one of the grounds
34    for the discipline is the same or substantially equivalent to
 
SB745 Engrossed             -854-              LRB9101253EGfg
 1    those set forth herein;
 2        (L)  Directly or indirectly giving to or  receiving  from
 3    any  person,  firm,  corporation, partnership, or association
 4    any fee, commission, rebate, or other  form  of  compensation
 5    for  any  professional  services  not  actually or personally
 6    rendered;
 7        (M)  A finding that the licensee after having his or  her
 8    license  placed on probationary status has violated the terms
 9    of probation;
10        (N)  Abandonment of an athlete;
11        (O)  Willfully making or filing false records or  reports
12    in  his  or  her practice, including but not limited to false
13    records filed with State agencies or departments;
14        (P)  Willfully failing to report an instance of suspected
15    child  abuse  or  neglect  as  required  by  the  Abused  and
16    Neglected Child Reporting Act;
17        (Q)  Physical illness,  including  but  not  limited  to,
18    deterioration  through  the  aging  process, or loss of motor
19    skill  that  results  in  the  inability  to   practice   the
20    profession with reasonable judgment, skill, or safety;
21        (R)  Solicitation  of professional services other than by
22    permitted  institutional policy;
23        (S)  The use of  any  words,  abbreviations,  figures  or
24    letters  with  the  intention  of  indicating  practice as an
25    athletic trainer without  a  valid  license  as  an  athletic
26    trainer under this Act;
27        (T)  The  treatment of injuries of athletes by a licensed
28    athletic trainer except  by  the  referral  of  a  physician,
29    podiatrist, or dentist;
30        (U)  Willfully  violating  or  knowingly assisting in the
31    violation of any law of this State relating  to  the  use  of
32    habit-forming drugs;
33        (V)  Willfully  violating  or  knowingly assisting in the
34    violation of any law of this State relating to  the  practice
 
SB745 Engrossed             -855-              LRB9101253EGfg
 1    of abortion;
 2        (W)  Continued  practice  by a person knowingly having an
 3    infectious communicable or contagious disease;
 4        (X)  Being named as a perpetrator in an indicated  report
 5    by the Department of Children and Family Services pursuant to
 6    the  Abused  and Neglected Child Reporting Act and upon proof
 7    by clear and convincing evidence that the licensee has caused
 8    a child to be an abused child or neglected child  as  defined
 9    in the Abused and Neglected Child Reporting Act;
10        (Y)  Failure  to  file  a  return,  or  to  pay  the tax,
11    penalty, or interest shown in a filed return, or to  pay  any
12    final assessment of tax, penalty, or interest, as required by
13    any  tax  Act  administered  by  the  Illinois  Department of
14    Revenue, until such time as the requirements of any such  tax
15    Act are satisfied; or
16        (Z)  Failure to fulfill continuing education requirements
17    as prescribed in Section 10 of this Act.
18        The  determination  by a circuit court that a licensee is
19    subject to involuntary admission  or  judicial  admission  as
20    provided  in the Mental Health and Developmental Disabilities
21    Code operates as an automatic  suspension.   Such  suspension
22    will  end  only  upon  a finding by a court that the athletic
23    trainer is no longer  subject  to  involuntary  admission  or
24    judicial  admission  and  issues  an  order  so  finding  and
25    discharging  the  athlete; and upon the recommendation of the
26    Board to the Director that the licensee be allowed to  resume
27    his or her practice.
28    (Source: P.A. 89-216, eff. 1-1-96; revised 10-31-98.)

29        Section  124.   The  Child Care Act of 1969 is amended by
30    changing Sections 4.2 and 8 as follows:

31        (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
32        Sec. 4.2.  (a) No applicant may receive  a  license  from
 
SB745 Engrossed             -856-              LRB9101253EGfg
 1    the  Department  and  no person may be employed by a licensed
 2    child care facility who refuses to authorize an investigation
 3    as required by Section 4.1.
 4        (b)  No  applicant  may  receive  a  license   from   the
 5    Department  and  no  person  may  be employed by a child care
 6    facility licensed by the Department who has been  declared  a
 7    sexually  dangerous  person  under  "An  Act  in  relation to
 8    sexually  dangerous  persons,   and   providing   for   their
 9    commitment,  detention  and  supervision",  approved  July 6,
10    1938, as amended, or convicted of committing or attempting to
11    commit any of the following  offenses  stipulated  under  the
12    Criminal Code of 1961:
13             (1)  murder;
14             (1.1)  solicitation of murder;
15             (1.2)  solicitation of murder for hire;
16             (1.3)  intentional homicide of an unborn child;
17             (1.4)  voluntary manslaughter of an unborn child;
18             (1.5)  involuntary manslaughter;
19             (1.6)  reckless homicide;
20             (1.7)  concealment of a homicidal death;
21             (1.8)  involuntary manslaughter of an unborn child;
22             (1.9)  reckless homicide of an unborn child;
23             (1.10)  drug-induced drug induced homicide;
24             (2)  a sex offense under Article 11, except offenses
25        described in Sections 11-7, 11-8, 11-12, and 11-13;
26             (3)  kidnapping;
27             (3.1)  aggravated unlawful restraint;
28             (3.2)  forcible detention;
29             (3.3)  harboring a runaway;
30             (3.4)  aiding and abetting child abduction;
31             (4)  aggravated kidnapping;
32             (5)  child abduction;
33             (6)  aggravated battery of a child;
34             (7)  criminal sexual assault;
 
SB745 Engrossed             -857-              LRB9101253EGfg
 1             (8)  aggravated criminal sexual assault;
 2             (8.1)  predatory criminal sexual assault of a child;
 3             (9)  criminal sexual abuse;
 4             (10)  aggravated sexual abuse;
 5             (11)  heinous battery;
 6             (12)  aggravated battery with a firearm;
 7             (13)  tampering with food, drugs, or cosmetics;
 8             (14)  drug induced infliction of great bodily harm;
 9             (15)  hate crime;
10             (16)  stalking;
11             (17)  aggravated stalking;
12             (18)  threatening public officials;
13             (19)  home invasion;
14             (20)  vehicular invasion;
15             (21)  criminal transmission of HIV;
16             (22)  criminal  neglect  of  an  elderly or disabled
17        person;
18             (23)  child abandonment;
19             (24)  endangering the life or health of a child;
20             (25)  ritual mutilation;
21             (26)  ritualized abuse of a child;
22             (27)  an offense in any other state the elements  of
23        which  are similar and bear a substantial relationship to
24        any of the foregoing offenses.
25        (c)  In  addition  to  the  provisions   set   forth   in
26    subsection  (b),  no applicant may receive a license from the
27    Department to operate a foster  family  home,  and  no  adult
28    person  may  reside  in  a foster family home licensed by the
29    Department,  who  has  been  convicted   of   committing   or
30    attempting to commit any of the following offenses stipulated
31    under  the  Criminal  Code of 1961, the Cannabis Control Act,
32    and the Illinois Controlled Substances Act:

33              (I)  OFFENSES DIRECTED AGAINST THE PERSON
 
SB745 Engrossed             -858-              LRB9101253EGfg
 1        (A)  KIDNAPPING AND RELATED OFFENSES
 2             (1)  Unlawful restraint.

 3        (B)  BODILY HARM
 4             (2)  Felony aggravated assault.
 5             (3)  Vehicular endangerment.
 6             (4)  Felony domestic battery.
 7             (5)  Aggravated battery.
 8             (6)  Heinous battery.
 9             (7)  Aggravated battery with a firearm.
10             (8)  Aggravated battery of an unborn child.
11             (9)  Aggravated battery of a senior citizen.
12             (10)  Intimidation.
13             (11)  Compelling organization membership of persons.
14             (12)  Abuse and gross neglect of a  long  term  care
15        facility resident.
16             (13)  Felony violation of an order of protection.

17              (II)  OFFENSES DIRECTED AGAINST PROPERTY

18             (14)  Felony theft.
19             (15)  Robbery.
20             (16)  Armed robbery.
21             (17)  Aggravated robbery.
22             (18)  Vehicular hijacking.
23             (19)  Aggravated vehicular hijacking.
24             (20)  Burglary.
25             (21)  Possession of burglary tools.
26             (22)  Residential burglary.
27             (23)  Criminal   fortification  of  a  residence  or
28        building.
29             (24)  Arson.
30             (25)  Aggravated arson.
31             (26)  Possession   of   explosive    or    explosive
32        incendiary devices.
 
SB745 Engrossed             -859-              LRB9101253EGfg
 1    (III)  OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 2             (27)  Felony unlawful use of weapons.
 3             (28)  Aggravated discharge of a firearm.
 4             (29)  Reckless discharge of a firearm.
 5             (30)  Unlawful use of metal piercing bullets.
 6             (31)  Unlawful  sale  or delivery of firearms on the
 7        premises of any school.
 8             (32)  Disarming a police officer.
 9             (33)  Obstructing justice.
10             (34)  Concealing or aiding a fugitive.
11             (35)  Armed violence.
12             (36)  Felony   contributing    to    the    criminal
13        delinquency of a juvenile.

14                         (IV)  DRUG OFFENSES

15             (37)  Possession of more than 30 grams of cannabis.
16             (38)  Manufacture of more than 10 grams of cannabis.
17             (39)  Cannabis trafficking.
18             (40)  Delivery of cannabis on school grounds.
19             (41)  Unauthorized   production   of   more  than  5
20        cannabis sativa plants.
21             (42)  Calculated criminal cannabis conspiracy.
22             (43)  Unauthorized  manufacture   or   delivery   of
23        controlled substances.
24             (44)  Controlled substance trafficking.
25             (45)  Manufacture, distribution, or advertisement of
26        look-alike substances.
27             (46)  Calculated criminal drug conspiracy.
28             (46.5)  Streetgang criminal drug conspiracy.
29             (47)  Permitting unlawful use of a building.
30             (48)  Delivery   of   controlled,   counterfeit,  or
31        look-alike substances to persons  under  age  18,  or  at
32        truck  stops,  rest  stops,  or  safety rest areas, or on
33        school property.
 
SB745 Engrossed             -860-              LRB9101253EGfg
 1             (49)  Using, engaging, or employing persons under 18
 2        to  deliver  controlled,   counterfeit,   or   look-alike
 3        substances.
 4             (50)  Delivery of controlled substances.
 5             (51)  Sale or delivery of drug paraphernalia.
 6             (52)  Felony   possession,   sale,  or  exchange  of
 7        instruments adapted for use of a controlled substance  or
 8        cannabis by subcutaneous injection.
 9        (d)  Notwithstanding  subsection  (c), the Department may
10    issue a new foster  family  home  license  or  may  renew  an
11    existing  foster  family home license of an applicant who was
12    convicted of an offense described in subsection (c), provided
13    all of the following requirements are met:
14             (1)  The  relevant  criminal  offense  or   offenses
15        occurred  more  than  10  years  prior  to  the  date  of
16        application or renewal.
17             (2)  The  applicant  had  previously  disclosed  the
18        conviction  or convictions to the Department for purposes
19        of a background check.
20             (3)  After the  disclosure,  the  Department  either
21        placed  a  child  in  the  home or the foster family home
22        license was issued.
23             (4)  During the background check, the Department had
24        assessed and waived the conviction in compliance with the
25        existing statutes and rules in effect at the time of  the
26        waiver.
27             (5)  The  applicant meets all other requirements and
28        qualifications to be licensed as  a  foster  family  home
29        under this Act and the Department's administrative rules.
30             (6)  The  applicant  has  a  history  of providing a
31        safe,  stable  home  environment  and  appears  able   to
32        continue to provide a safe, stable home environment.
33    (Source:  P.A.  89-21,  eff.  7-1-95;  89-263,  eff. 8-10-95;
34    89-428, eff. 12-13-95; 89-462,  eff.  5-29-96;  89-498,  eff.
 
SB745 Engrossed             -861-              LRB9101253EGfg
 1    6-27-96;  90-27,  eff.  1-1-98;  90-28,  eff. 1-1-98; revised
 2    10-31-98.)

 3        (225 ILCS 10/8) (from Ch. 23, par. 2218)
 4        Sec. 8.  The Department may revoke or refuse to renew the
 5    license of any child care facility or refuse  to  issue  full
 6    license  to  the  holder  of  a permit should the licensee or
 7    holder of a permit:
 8        (1)  fail to maintain standards prescribed and  published
 9    by the Department;
10        (2)  violate any of the provisions of the license issued;
11        (3)  furnish   or   make  any  misleading  or  any  false
12    statement or report to the Department;
13        (4)  refuse to submit to the Department  any  reports  or
14    refuse  to  make  available  to  the  Department  any records
15    required by the Department in  making  investigation  of  the
16    facility for licensing purposes;
17        (5)  fail  or refuse to submit to an investigation by the
18    Department;
19        (6)  fail or refuse to admit  authorized  representatives
20    of  the  Department at any reasonable time for the purpose of
21    investigation;
22        (7)  fail to provide, maintain, equip and  keep  in  safe
23    and sanitary condition premises established or used for child
24    care   as   required   under   standards  prescribed  by  the
25    Department, or as otherwise required by any  law,  regulation
26    or ordinance applicable to the location of such facility;
27        (8)  refuse to display its license or permit;
28        (9)  be  the subject of an indicated report under Section
29    3 of the "Abused and Neglected Child Reporting Act"  or  fail
30    to  discharge  or  sever  affiliation  with  the  child  care
31    facility  of  an  employee  or volunteer at the facility with
32    direct contact  with  children  who  is  the  subject  of  an
33    indicated report under Section 3 of that Act;
 
SB745 Engrossed             -862-              LRB9101253EGfg
 1        (10)  fail to comply with the provisions of Section 7.1;
 2        (11)  fail  to  exercise  reasonable  care in the hiring,
 3    training and supervision of facility personnel;
 4        (12)  fail  to  report  suspected  abuse  or  neglect  of
 5    children within the facility, as required by the  Abused  and
 6    Neglected Child Reporting Act;
 7        (13)  fail to comply with Section 5.1. of this Act; or
 8        (14)  be identified in an investigation by the Department
 9    as  an  addict or alcoholic, as defined in the Alcoholism and
10    Other Drug Abuse and Dependency Act, or be a person whom  the
11    Department  knows  has  abused  alcohol or drugs, and has not
12    successfully participated in treatment, self-help  groups  or
13    other suitable activities, and the Department determines that
14    because  of such abuse the licensee, holder of the permit, or
15    any other  person  directly  responsible  for  the  care  and
16    welfare   of  the  children  served,  does  not  comply  with
17    standards  relating  to  character,  suitability   or   other
18    qualifications established under Section 7 of this Act.
19    (Source: P.A. 88-670, eff. 12-2-94; revised 10-28-98.)

20        Section  125.  The Clinical Psychologist Licensing Act is
21    amended by changing Section 10 as follows:

22        (225 ILCS 15/10) (from Ch. 111, par. 5360)
23        Sec. 10.  Qualifications of applicants; examination.  The
24    Department, except as provided in Section  11  of  this  Act,
25    shall  issue  a  license  as  a  clinical psychologist to any
26    person who pays an application fee and who:
27             (1)  is at least  21  years  of  age;  and  has  not
28        engaged  in  conduct or activities which would constitute
29        grounds for discipline under this Act;
30             (2)  (blank);
31             (3)  is a graduate of  a  doctoral  program  from  a
32        college,  university or school accredited by the regional
 
SB745 Engrossed             -863-              LRB9101253EGfg
 1        accrediting body which is recognized by  the  Council  on
 2        Postsecondary Accreditation and is in the jurisdiction in
 3        which it is located for purposes of granting the doctoral
 4        degree and either:
 5                  (a)  is  a  graduate  of  a doctoral program in
 6             clinical, school  or  counseling  psychology  either
 7             accredited by the American Psychological Association
 8             or approved by the Council for the National Register
 9             of  Health  Service Providers in Psychology or other
10             national board recognized  by  the  Board,  and  has
11             completed   2   years   of  satisfactory  supervised
12             experience  in  clinical,   school   or   counseling
13             psychology  at  least  one of which is an internship
14             and one of which is postdoctoral; or
15                  (b)  holds a doctoral degree from a  recognized
16             college,  university or school which the Department,
17             through its rules, establishes as  being  equivalent
18             to  a  clinical,  school  or  counseling  psychology
19             program  and  has  completed  at least one course in
20             each of the following 7  content  areas,  in  actual
21             attendance  at  a  recognized university, college or
22             school  whose  graduates  would  be   eligible   for
23             licensure    under   this   Act:    scientific   and
24             professional ethics, biological basis  of  behavior,
25             cognitive-affective  basis of behavior, social basis
26             of behavior, individual differences, assessment, and
27             treatment modalities; and has completed 2  years  of
28             satisfactory   supervised  experience  in  clinical,
29             school or counseling psychology,  at  least  one  of
30             which   is  an  internship  and   one  of  which  is
31             postdoctoral; or
32             (4)  has passed an  examination  authorized  by  the
33        Department  to  determine his or her fitness to receive a
34        license; and
 
SB745 Engrossed             -864-              LRB9101253EGfg
 1                  (c) (5)  if an individual holds a doctorate  in
 2             psychology   or   in  a  program  whose  content  is
 3             psychological in nature from an accredited  college,
 4             university  or  school  not meeting the standards of
 5             paragraph (a) or (b)  of  this  subsection  (3)  and
 6             provides  of Section 10 of this Act, he or she shall
 7             provide evidence of the completion of at  least  one
 8             course  in  each of the 7 content areas specified in
 9             paragraph (b) of subsection 3 of Section 10, of this
10             Act  in   actual   attendance,   at   a   recognized
11             university,  school  or college whose graduate would
12             be eligible for licensure under this Act;  and  that
13             he or she has completed an appropriate practicum, an
14             internship   or   equivalent   supervised   clinical
15             experience   in  an  organized  mental  health  care
16             setting  and  2  years  of  satisfactory  supervised
17             experience in clinical or counseling psychology,  at
18             least  one  of which is postdoctoral; and shall pass
19             the examination specified in subsection 4 of Section
20             10 of this Act.
21             (4)  has passed an  examination  authorized  by  the
22        Department  to  determine his or her fitness to receive a
23        license.
24    Applicants for licensure under Section 10, subsection  (3)(a)
25    and  (3)(b)  of  this  Section  Act shall complete 2 years of
26    satisfactory supervised experience, at  least  one  of  which
27    shall   be   an   internship   and  one  of  which  shall  be
28    postdoctoral.  A year of supervised experience is defined  as
29    not  less than 1,750 hours obtained in not less than 50 weeks
30    based on 35 hours per week  for  full-time  work  experience.
31    Full-time supervised experience will be counted only if it is
32    obtained  in  a  single  setting  for  a minimum of 6 months.
33    Part-time and internship experience will be counted  only  if
34    it  is  18 hours or more a week for a minimum of 9 months and
 
SB745 Engrossed             -865-              LRB9101253EGfg
 1    is in a single setting.  The internship  experience  required
 2    under  Section  10,  subsection  (3)(a)  and  (3)(b)  of this
 3    Section Act shall be  a  minimum  of  1,750  hours  completed
 4    within 24 months.
 5        Programs  leading  to a doctoral degree require minimally
 6    the equivalent of 3  full-time  academic  years  of  graduate
 7    study,  at least 2 years of which are at the institution from
 8    which the degree is granted, and of which at least  one  year
 9    or  its  equivalent  is  in residence at the institution from
10    which the degree is granted. Course work for which credit  is
11    given  for  life  experience  will  not  be  accepted  by the
12    Department as fulfilling  the  educational  requirements  for
13    licensure.   Residence  requires  interaction with psychology
14    faculty  and  other  matriculated  psychology  students;  one
15    year's residence or its equivalent is defined as follows:
16             (a)  30 semester  hours  taken  on  a  full-time  or
17        part-time  basis at the institution accumulated within 24
18        months, or
19             (b)  a  minimum  of  350  hours  of  student-faculty
20        contact  involving  face-to-face  individual   or   group
21        courses  or  seminars accumulated within 18 months.  Such
22        educational meetings must  include  both  faculty-student
23        and  student-student  interaction,  be  conducted  by the
24        psychology faculty of the institution at least 90% of the
25        time, be fully documented by the institution, and  relate
26        substantially  to  the  program  and course content.  The
27        institution must clearly  document  how  the  applicant's
28        performance is assessed and evaluated.
29        To  meet  the  requirement  for  satisfactory  supervised
30    experience,  under this Act the supervision must be performed
31    pursuant  to  the  order,  control  and   full   professional
32    responsibility  of  a  licensed  clinical  psychologist.  The
33    clients shall be the clients  of  the  agency  or  supervisor
34    rather  than  the supervisee.  Supervised experience in which
 
SB745 Engrossed             -866-              LRB9101253EGfg
 1    the   supervisor   receives   monetary   payment   or   other
 2    consideration from the supervisee or in which the  supervisor
 3    is hired by or otherwise employed by the supervisee shall not
 4    be  accepted  by  the Department as fulfilling the practicum,
 5    internship or 2 years of satisfactory  supervised  experience
 6    requirements for licensure.
 7        Examinations  for applicants under this Act shall be held
 8    at the direction of the Department from time to time but  not
 9    less  than  once  each  year.   The  scope  and  form  of the
10    examination shall be determined by the Department.
11        Each applicant for a license who possesses the  necessary
12    qualifications  therefor shall be examined by the Department,
13    and shall pay to the Department, or  its  designated  testing
14    service, the required examination fee, which fee shall not be
15    refunded by the Department.
16        Applicants  have  3 years from the date of application to
17    complete the application process.  If  the  process  has  not
18    been  completed  in 3 years, the application shall be denied,
19    the fee shall be forfeited, and the  applicant  must  reapply
20    and   meet   the  requirements  in  effect  at  the  time  of
21    reapplication.
22        An applicant has one year from the date  of  notification
23    of  successful  completion of the examination to apply to the
24    Department for a license.  If an  applicant  fails  to  apply
25    within  one year, the applicant shall be required to take and
26    pass  the  examination  again  unless  licensed  in   another
27    jurisdiction  of the United States within one year of passing
28    the examination.
29    (Source: P.A. 89-387,  eff.  8-20-95;  89-702,  eff.  7-1-97;
30    revised 1-30-99.)

31        Section  126.   The  Clinical Social Work and Social Work
32    Practice Act is amended by changing Section 9A as follows:
 
SB745 Engrossed             -867-              LRB9101253EGfg
 1        (225 ILCS 20/9A) (from Ch. 111, par. 6359A)
 2        Sec. 9A.  Qualifications for license as  licensed  social
 3    worker.   A  person  shall  be  qualified to be licensed as a
 4    licensed social worker  and  the  Department  shall  issue  a
 5    license  authorizing  the  practice  of  social  work  to  an
 6    applicant who:
 7        (1)  has applied in writing on the prescribed form;
 8        (2)  is of good moral character, as defined in subsection
 9    (2) of Section 9;
10        (3)  (a)  has  a degree from a graduate program of social
11        work approved by the Department; or
12             (b)  has  a  degree   in   social   work   from   an
13        undergraduate  program approved by the Department and has
14        successfully completed at least  3  years  of  supervised
15        professional   experience  subsequent  to  obtaining  the
16        degree as established by rule.  If no  supervision  by  a
17        licensed  social  worker  or  a  licensed clinical social
18        worker  is  available,   then   supervised   professional
19        experience  may  include supervision by other appropriate
20        disciplines as defined by rule;.
21        (4)  has passed  the  examination  for  the  practice  of
22    social  work as a licensed social worker as authorized by the
23    Department; and
24        (5)  has paid the required fees.
25    (Source: P.A. 90-150, eff. 12-30-97; revised 10-31-98.)

26        Section 127.  The Illinois Dental Practice Act is amended
27    by changing Sections 23 and 48 as follows:

28        (225 ILCS 25/23) (from Ch. 111, par. 2323)
29        Sec. 23. Refusal,  revocation  or  suspension  of  dental
30    licenses.   The  Department  may refuse to issue or renew, or
31    may revoke, suspend, place on probation,  reprimand  or  take
32    other  disciplinary action as the Department may deem proper,
 
SB745 Engrossed             -868-              LRB9101253EGfg
 1    including fines not to exceed  $10,000  per  violation,  with
 2    regard  to  any license for any one or any combination of the
 3    following causes:
 4        1.  Fraud in procuring the license.
 5        2.  Habitual intoxication or  addiction  to  the  use  of
 6    drugs.
 7        3.  Wilful  or  repeated  violations  of the rules of the
 8    Department of Public Health or Department of Nuclear Safety.
 9        4.  Acceptance of a fee for service as a witness, without
10    the knowledge of the court, in addition to the fee allowed by
11    the court.
12        5.  Division of fees or agreeing to split or  divide  the
13    fees  received  for  dental  services  with  any  person  for
14    bringing or referring a patient, except in regard to referral
15    services  as  provided  for under Section 45, or assisting in
16    the care or treatment of a patient, without the knowledge  of
17    the patient or his legal representative.
18        6.  Employing,  procuring, inducing, aiding or abetting a
19    person not licensed or registered as a dentist to  engage  in
20    the  practice  of dentistry. The person practiced upon is not
21    an accomplice, employer, procurer, inducer, aider, or abetter
22    within the meaning of this Act.
23        7.  Making  any  misrepresentations  or  false  promises,
24    directly or indirectly,  to  influence,  persuade  or  induce
25    dental patronage.
26        8.  Professional   connection   or  association  with  or
27    lending his name to  another  for  the  illegal  practice  of
28    dentistry   by   another,   or   professional  connection  or
29    association with any  person,  firm  or  corporation  holding
30    himself,  herself,  themselves,  or  itself out in any manner
31    contrary to this Act.
32        9.  Obtaining or seeking to obtain  practice,  money,  or
33    any   other   things   of   value   by  false  or  fraudulent
34    representations,  but  not  limited  to,  engaging  in   such
 
SB745 Engrossed             -869-              LRB9101253EGfg
 1    fraudulent practice to defraud the medical assistance program
 2    of the Department of Public Aid.
 3        10.  Practicing under a name other than his or her own.
 4        11.  Engaging     in    dishonorable,    unethical,    or
 5    unprofessional conduct of  a  character  likely  to  deceive,
 6    defraud, or harm the public.
 7        12.  Conviction  in  this  or  another State of any crime
 8    which is a felony under the laws of this State or  conviction
 9    of  a felony in a federal court, conviction of a misdemeanor,
10    an essential element of which is dishonesty, or conviction of
11    any crime which  is  directly  related  to  the  practice  of
12    dentistry or dental hygiene.
13        13.  Permitting  a  dental hygienist, dental assistant or
14    other person under his or  her  supervision  to  perform  any
15    operation not authorized by this Act.
16        14.  Permitting  more  than  4  dental  hygienists  to be
17    employed under his supervision at any one time.
18        15.  A violation of any provision  of  this  Act  or  any
19    rules promulgated under this Act.
20        16.  Taking  impressions for or using the services of any
21    person, firm or corporation violating this Act.
22        17.  Violating any provision of Section  45  relating  to
23    advertising.
24        18.  Discipline  by  another U.S. jurisdiction or foreign
25    nation, if at least one of the grounds for the discipline  is
26    the  same  or  substantially  equivalent  to  those set forth
27    within this Act.
28        19.  Willfully failing to report an instance of suspected
29    child abuse  or  neglect  as  required  by  the  "Abused  and
30    Neglected Child Reporting Act.
31        20.  Gross or repeated malpractice resulting in injury or
32    death of a patient.
33        21.  The  use  or  prescription  for  use of narcotics or
34    controlled substances or designated products as listed in the
 
SB745 Engrossed             -870-              LRB9101253EGfg
 1    Illinois Controlled Substances Act, in any way other than for
 2    therapeutic purposes.
 3        22.  Willfully making or filing false records or  reports
 4    in  his practice as a dentist, including, but not limited to,
 5    false records to support claims against the dental assistance
 6    program of the Illinois Department of Public Aid.
 7        23.  Professional  incompetence  as  manifested  by  poor
 8    standards of care or mental incompetency  as  declared  by  a
 9    court of competent jurisdiction.
10        24.  Physical  illness,  including,  but  not limited to,
11    deterioration through the aging process,  or  loss  of  motor
12    skills  which  results  in  a dentist's inability to practice
13    dentistry with reasonable judgment, skill or safety.
14        25.  Repeated irregularities in billing a third party for
15    services  rendered  to  a  patient.   For  purposes  of  this
16    paragraph 25, "irregularities in billing" shall include:
17             (a)  Reporting excessive charges for the purpose  of
18        obtaining  a  total  payment  in  excess  of that usually
19        received by the dentist for the services rendered.
20             (b)  Reporting charges for services not rendered.
21             (c)  Incorrectly reporting services rendered for the
22        purpose of obtaining payment not earned.
23        26.  Continuing the active practice  of  dentistry  while
24    knowingly  having any infectious, communicable, or contagious
25    disease proscribed by rule or regulation of the Department.
26        27.  Being named as a perpetrator in an indicated  report
27    by the Department of Children and Family Services pursuant to
28    the  Abused and Neglected Child Reporting Act, and upon proof
29    by clear and convincing evidence that the licensee has caused
30    a child to be an abused child or neglected child  as  defined
31    in the Abused and Neglected Child Reporting Act.
32        28.  Violating the Health Care Worker Self-Referral Act.
33        29.  Abandonment of a patient.
34        All proceedings to suspend, revoke, place on probationary
 
SB745 Engrossed             -871-              LRB9101253EGfg
 1    status,   or  take  any  other  disciplinary  action  as  the
 2    Department may deem proper, with regard to a license  on  any
 3    of  the  foregoing  grounds, must be commenced within 3 years
 4    after receipt by the Department of a complaint  alleging  the
 5    commission  of  or  notice of the conviction order for any of
 6    the acts described herein.  Except for fraud in  procuring  a
 7    license, no action shall be commenced more than 5 years after
 8    the date of the incident or act alleged to have violated this
 9    Section.  The time during which the holder of the license was
10    outside  the  State  of Illinois shall not be included within
11    any period of time limiting the commencement of  disciplinary
12    action by the Department.
13        The  Department  may  refuse  to issue or may suspend the
14    license of any person who fails to file a return, or  to  pay
15    the  tax,  penalty or interest shown in a filed return, or to
16    pay any final assessment of  tax,  penalty  or  interest,  as
17    required   by  any  tax  Act  administered  by  the  Illinois
18    Department of Revenue, until such time as the requirements of
19    any such tax Act are satisfied.
20    (Source: P.A. 88-65; 88-153;  88-635,  eff.  1-1-95;  88-670,
21    eff. 12-2-94; 89-116, eff. 7-7-95; revised 10-31-98.)

22        (225 ILCS 25/48) (from Ch. 111, par. 2348)
23        Sec.   48.    Manufacture   of   dentures,   bridges   or
24    replacements    for    dentists;.   prescriptions;.   order;.
25    penalties.
26        (a) Any dentist who employs or engages  the  services  of
27    any  dental  laboratory  to construct or repair, extraorally,
28    prosthetic dentures, bridges, or  other  replacements  for  a
29    part  of  a tooth, a tooth, or teeth, or who directs a dental
30    laboratory to participate in shade selection for a prosthetic
31    appliance,  shall  furnish  such  dental  laboratory  with  a
32    written prescription on forms prescribed  by  the  Department
33    which shall contain:
 
SB745 Engrossed             -872-              LRB9101253EGfg
 1             (1)  The  name  and address of the dental laboratory
 2        to which the prescription is directed.
 3             (2)  The patient's name or identification number. If
 4        a number is used, the patient's  name  shall  be  written
 5        upon  the  duplicate copy of the prescription retained by
 6        the dentist.
 7             (3)  The date on which the prescription was written.
 8             (4)  A description of the work to be done, including
 9        diagrams if necessary.
10             (5)  A specification of  the  type  and  quality  of
11        materials to be used.
12             (6)  The  signature of the dentist and the number of
13        his or her license to practice dentistry.
14        (b)  The dental laboratory receiving a prescription  from
15    a  dentist  shall  retain  the  original prescription and the
16    dentist shall retain a duplicate copy thereof for  inspection
17    at  any  reasonable  time  by  the  Department  or  its  duly
18    authorized agents, for a period of 3 years in both cases.
19        (c)  If   the   dental  laboratory  receiving  a  written
20    prescription from a dentist engages another dental laboratory
21    (hereinafter referred to as "subcontractor") to perform  some
22    of  the  services  relative  to  such  prescription, it shall
23    furnish  a  written  order  with  respect  thereto  on  forms
24    prescribed by the Department which shall contain:
25             (1)  The name and address of the subcontractor.
26             (2)  A  number  identifying  the  order   with   the
27        original  prescription, which number shall be endorsed on
28        the prescription received from the dentist.
29             (3)  The date on which the order was written.
30             (4)  A description of the work to  be  done  by  the
31        subcontractor, including diagrams if necessary.
32             (5)  A  specification  of  the  type  and quality of
33        materials to be used.
34             (6)  The  signature  of  an  agent  of  the   dental
 
SB745 Engrossed             -873-              LRB9101253EGfg
 1        laboratory  issuing  the  order.  The subcontractor shall
 2        retain the order and the issuer thereof  shall  retain  a
 3        duplicate  copy,  attached  to  the prescription received
 4        from the dentist, for inspection by the Department or its
 5        duly authorized agents, for a period of 3 years  in  both
 6        cases.
 7             (7)  A  copy of the order to the subcontractor shall
 8        be furnished to the dentist.
 9        (d)  Any dentist who:
10             (1)  employs or engages the services of  any  dental
11        laboratory   to   construct   or   repair,   extraorally,
12        prosthetic  dentures, bridges, or other dental appliances
13        without first providing such  dental  laboratory  with  a
14        written prescription;
15             (2)  fails   to  retain  a  duplicate  copy  of  the
16        prescription for 3 years; or
17             (3)  refuses to allow the  Department  or  its  duly
18        authorized  agents,  to  inspect  his  or  her  files  of
19        prescriptions;,
20    is  guilty  of  a  Class A misdemeanor and the Department may
21    revoke or suspend his or her license therefor.
22        (e)  Any dental laboratory which:
23             (1)  furnishes such services to any dentist  without
24        first obtaining a written prescription therefor from such
25        dentist;
26             (2)  acting  as  a subcontractor as described in (c)
27        above, furnishes such services to any  dental  laboratory
28        without  first obtaining a written order from such dental
29        laboratory;
30             (3)  fails to retain the  original  prescription  or
31        order, as the case may be, for 3 years; or
32             (4)  refuses  to  allow  the  Department or its duly
33        authorized agents, to inspect its files of  prescriptions
34        or orders;,
 
SB745 Engrossed             -874-              LRB9101253EGfg
 1    is guilty of a Class A misdemeanor.
 2    (Source: P.A. 86-1283; revised 10-31-98.)

 3        Section 128.  The Medical Practice Act of 1987 is amended
 4    by changing Sections 18 and 21 as follows:

 5        (225 ILCS 60/18) (from Ch. 111, par. 4400-18)
 6        Sec.  18.   Visiting  professor,  physician,  or resident
 7    permits.
 8        (A)  Visiting professor permit.
 9             (1)  A visiting professor  permit  shall  entitle  a
10        person  to practice medicine in all of its branches or to
11        practice the treatment of human ailments without the  use
12        of drugs and without operative surgery provided:
13                  (a)  the   person   maintains   an   equivalent
14             authorization  to  practice  medicine  in all of its
15             branches or  to  practice  the  treatment  of  human
16             ailments  without  the  use  of  drugs  and  without
17             operative  surgery  in good standing in their native
18             licensing jurisdiction  during  the  period  of  the
19             visiting professor permit; and
20                  (b)  the   person   has   received   a  faculty
21             appointment to teach in a  medical,  osteopathic  or
22             chiropractic school in Illinois.
23             (2)  Application   for  visiting  professor  permits
24        shall be made to the Department,  in  writing,  on  forms
25        prescribed  by the Department and shall be accompanied by
26        the required fee established by rule, which shall not  be
27        refundable.     Any   application   shall   require   the
28        information as, in the judgment of the  Department,  will
29        enable  the  Department  to pass on the qualifications of
30        the applicant.
31             (3)  A visiting professor permit shall be valid  for
32        one  year from the date of issuance or until the time the
 
SB745 Engrossed             -875-              LRB9101253EGfg
 1        faculty  appointment  is  terminated,  whichever   occurs
 2        first, and may be renewed only once.
 3             (4)  The  applicant may be required to appear before
 4        the Medical Licensing Board for an  interview  prior  to,
 5        and  as  a  requirement for, the issuance of the original
 6        permit and the renewal.
 7             (5)  Persons holding a  permit  under  this  Section
 8        shall  only  practice  medicine in all of its branches or
 9        practice the treatment of human ailments without the  use
10        of  drugs  and  without operative surgery in the State of
11        Illinois in their official capacity under their contract.

12        (B)  Visiting physician permit.
13             (1)  The Department may, in its discretion, issue  a
14        temporary visiting physician permit, without examination,
15        provided:
16                  (a)  (blank);
17                  (b)  that  the  person  maintains an equivalent
18             authorization to practice medicine  in  all  of  its
19             branches  or  to  practice  the  treatment  of human
20             ailments  without  the  use  of  drugs  and  without
21             operative surgery in good standing  in  his  or  her
22             native  licensing  jurisdiction during the period of
23             the temporary visiting physician permit;
24                  (c)  that the person has received an invitation
25             or appointment to study, demonstrate, or  perform  a
26             specific   medical,   osteopathic,  chiropractic  or
27             clinical  subject  or  technique   in   a   medical,
28             osteopathic,  or  chiropractic  school,  a  hospital
29             licensed   under   the  Hospital  Licensing  Act,  a
30             hospital organized under the University of  Illinois
31             Hospital Act, or a facility operated pursuant to the
32             Ambulatory Surgical Treatment Center Act; and
33                  (d)  that   the  temporary  visiting  physician
34             permit shall only  permit  the  holder  to  practice
 
SB745 Engrossed             -876-              LRB9101253EGfg
 1             medicine  in  all  of  its  branches or practice the
 2             treatment of human ailments without the use of drugs
 3             and without operative surgery within  the  scope  of
 4             the  medical, osteopathic, chiropractic, or clinical
 5             studies  for  which  the  holder  was   invited   or
 6             appointed.
 7             (2)  The  application  for  the  temporary  visiting
 8        physician  permit  shall  be  made  to the Department, in
 9        writing, on forms prescribed by the Department, and shall
10        be accompanied by the required fee established  by  rule,
11        which  shall  not  be  refundable.  The application shall
12        require  information  that,  in  the  judgment   of   the
13        Department,  will  enable  the  Department to pass on the
14        qualification of the applicant, and the necessity for the
15        granting of a temporary visiting physician permit.
16             (3)  A temporary visiting physician permit shall  be
17        valid for 180 days from the date of issuance or until the
18        time  the medical, osteopathic, chiropractic, or clinical
19        studies are completed, whichever occurs first.
20             (4)  The  applicant   for   a   temporary   visiting
21        physician  permit  may  be  required to appear before the
22        Medical Licensing Board for an interview prior to, and as
23        a requirement for, the issuance of a  temporary  visiting
24        physician permit.
25             (5)  A  limited  temporary visiting physician permit
26        shall be issued to a physician licensed in another  state
27        who has been requested to perform emergency procedures in
28        Illinois   if   he  or  she  meets  the  requirements  as
29        established by rule.

30        (C)  Visiting resident permit.
31             (1)  The Department may, in its discretion, issue  a
32        temporary  visiting resident permit, without examination,
33        provided:
34                  (a)  (blank);
 
SB745 Engrossed             -877-              LRB9101253EGfg
 1                  (b)  that the person  maintains  an  equivalent
 2             authorization  to  practice  medicine  in all of its
 3             branches or  to  practice  the  treatment  of  human
 4             ailments  without  the  use  of  drugs  and  without
 5             operative  surgery  in  good  standing in his or her
 6             native licensing jurisdiction during the  period  of
 7             the temporary visiting resident permit;
 8                  (c)  that   the  applicant  is  enrolled  in  a
 9             postgraduate clinical training program  outside  the
10             State   of   Illinois   that   is  approved  by  the
11             Department;
12                  (d)  that the individual has  been  invited  or
13             appointed for a specific period of time to perform a
14             portion  of  that  post  graduate  clinical training
15             program  under  the  supervision  of   an   Illinois
16             licensed  physician  in  an  Illinois  patient  care
17             clinic  or  facility  that  is  affiliated  with the
18             out-of-State post graduate training program; and
19                  (e)  that  the  temporary   visiting   resident
20             permit  shall  only  permit  the  holder to practice
21             medicine in all of  its  branches  or  practice  the
22             treatment of human ailments without the use of drugs
23             and  without  operative  surgery within the scope of
24             the medical, osteopathic, chiropractic  or  clinical
25             studies   for   which  the  holder  was  invited  or
26             appointed.
27             (2)  The  application  for  the  temporary  visiting
28        resident permit shall  be  made  to  the  Department,  in
29        writing, on forms prescribed by the Department, and shall
30        be  accompanied  by the required fee established by rule.
31        The application shall require information  that,  in  the
32        judgment of the Department, will enable the Department to
33        pass on the qualifications of the applicant.
34             (3)  A  temporary  visiting resident permit shall be
 
SB745 Engrossed             -878-              LRB9101253EGfg
 1        valid for 180 days from the date of issuance or until the
 2        time the medical, osteopathic, chiropractic, or  clinical
 3        studies are completed, whichever occurs first.
 4             (4)  The applicant for a temporary visiting resident
 5        permit  may  be  required  to  appear  before the Medical
 6        Licensing Board for an  interview  prior  to,  and  as  a
 7        requirement  for,  the  issuance  of a temporary visiting
 8        resident permit.
 9    (Source: P.A.  88-564,  eff.  1-1-95;  89-702,  eff.  7-1-97;
10    revised 10-31-98.)

11        (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
12        Sec.  21.  License renewal; restoration; inactive status;
13    disposition and collection of fees.
14        (A)  Renewal.  The expiration date and renewal period for
15    each license issued under this Act shall be set by rule.  The
16    holder of a license may renew the such license by paying  the
17    required  fee.  The  holder  of  a license may also renew the
18    license within 90 days after its expiration by complying with
19    the requirements for renewal and  payment  of  an  additional
20    fee.  A license renewal within 90 days after expiration shall
21    be effective retroactively to the expiration date.
22        The  Department  shall  mail  to each licensee under this
23    Act, at his or her to their last known place of  address,  at
24    least 60 days in advance of the expiration date of his or her
25      their license, a notice of that fact and an application for
26    renewal form.  No such license shall be deemed to have lapsed
27    until 90 days after the expiration date and after such notice
28    and application have been mailed by the Department as  herein
29    provided.
30        (B)  Restoration.   Any licensee who has permitted his or
31    her their license to lapse or who has had his  or  her  their
32    license  on inactive status may have his or her their license
33    restored by making application to the Department  and  filing
 
SB745 Engrossed             -879-              LRB9101253EGfg
 1    proof  acceptable  to  the  Department  of  his  or her their
 2    fitness  to  have  the  their  license  restored,   including
 3    evidence   certifying   to   active   practice   in   another
 4    jurisdiction satisfactory to the Department, proof of meeting
 5    the continuing education requirements for one renewal period,
 6    and by paying the required restoration fee.
 7        If  the licensee has not maintained an active practice in
 8    another jurisdiction  satisfactory  to  the  Department,  the
 9    Licensing  Board  shall  determine,  by an evaluation program
10    established by rule, the applicant's their fitness to  resume
11    active  status  and  may  require  the licensee to complete a
12    period of  evaluated  clinical  experience  and  may  require
13    successful completion of the practical examination.
14        However,  any  registrant whose license has expired while
15    he or she has they have been engaged (a) in  Federal  Service
16    on active duty with the Army of the United States, the United
17    States  Navy,  the  Marine  Corps,  the  Air Force, the Coast
18    Guard, the Public Health Service or the State Militia  called
19    into the service or training of the United States of America,
20    or (b)  in training or education under the supervision of the
21    United  States  preliminary  to  induction  into the military
22    service, may have his or  her  their  license  reinstated  or
23    restored  without paying any lapsed renewal fees, if within 2
24    years after honorable termination of such service,  training,
25    or  education,  he  or  she  furnishes  to  they  furnish the
26    Department with satisfactory evidence to the effect  that  he
27    or  she  has  they  have  been so engaged and that his or her
28    their service, training, or education has been so terminated.
29        (C)  Inactive licenses.  Any licensee  who  notifies  the
30    Department, in writing on forms prescribed by the Department,
31    may  elect  to  place his or her their license on an inactive
32    status and shall, subject to  rules  of  the  Department,  be
33    excused from payment of renewal fees until he or she notifies
34      they  notify  the Department in writing of his or her their
 
SB745 Engrossed             -880-              LRB9101253EGfg
 1    desire to resume active status.
 2        Any licensee requesting restoration from inactive  status
 3    shall  be  required  to  pay the current renewal fee, provide
 4    proof of meeting the continuing  education  requirements  for
 5    the  period of time the license is inactive not to exceed one
 6    renewal period, and shall be required to restore his  or  her
 7    their license, as provided in subsection (B).
 8        Any licensee whose license is in an inactive status shall
 9    not practice in the State of Illinois.
10        (D)  Disposition   of   monies   collected.   All  monies
11    collected under this Act by the Department shall be deposited
12    in the Illinois State Medical Disciplinary Fund in the  State
13    Treasury,  and  used only for the following purposes:  (a) by
14    the Medical Disciplinary Board in the exercise of its  powers
15    and  performance  of  its  duties, as such use is made by the
16    Department with full consideration of all recommendations  of
17    the  Medical  Disciplinary  Board,  (b)  for  costs  directly
18    related  to  persons  licensed  under  this  Act, and (c) for
19    direct and allocable indirect costs  related  to  the  public
20    purposes of the Department of Professional Regulation.
21        Moneys  in the Fund may be transferred to the Professions
22    Indirect Cost Fund as authorized under  Section  61e  of  the
23    Civil Administrative Code of Illinois.
24        All  earnings  received  from investment of monies in the
25    Illinois State Medical Disciplinary Fund shall  be  deposited
26    in  the Illinois State Medical Disciplinary Fund and shall be
27    used for the same purposes as fees deposited in such Fund.
28        (E)  Fees.  The following fees are nonrefundable.
29             (1)  Applicants  for  any   examination   shall   be
30        required  to  pay,  either  to  the  Department or to the
31        designated testing service, a fee covering  the  cost  of
32        determining the applicant's eligibility and providing the
33        examination. Failure to appear for the examination on the
34        scheduled  date,  at  the time and place specified, after
 
SB745 Engrossed             -881-              LRB9101253EGfg
 1        the applicant's  application  for  examination  has  been
 2        received  and  acknowledged  by  the  Department  or  the
 3        designated   testing   service,   shall   result  in  the
 4        forfeiture of the examination fee.
 5             (2)  The fee for a license under Section 9  of  this
 6        Act is $300.
 7             (3)  The  fee for a license under Section 19 of this
 8        Act is $300.
 9             (4)  The fee for the renewal  of  a  license  for  a
10        resident  of  Illinois shall be calculated at the rate of
11        $100 per year, except for licensees  who  were  issued  a
12        license  within  12  months of the expiration date of the
13        license, the fee for the renewal shall be $100.  The  fee
14        for  the  renewal of a license for a nonresident shall be
15        calculated at the rate  of  $200  per  year,  except  for
16        licensees  who  were issued a license within 12 months of
17        the expiration date of  the  license,  the  fee  for  the
18        renewal shall be $200.
19             (5)  The  fee for the restoration of a license other
20        than from inactive status, is $100.  In addition, payment
21        of  all  lapsed  renewal  fees  not  to  exceed  $600  is
22        required.
23             (6)  The fee for a 3-year  temporary  license  under
24        Section 17 is $100.
25             (7)  The   fee  for  the  issuance  of  a  duplicate
26        license, for the issuance of a replacement license for  a
27        license  which  has  been  lost  or destroyed, or for the
28        issuance of a license with a change of  name  or  address
29        other  than  during the renewal period is $20.  No fee is
30        required for  name  and  address  changes  on  Department
31        records when no duplicate license is issued.
32             (8)  The fee to be paid for a license record for any
33        purpose is $20.
34             (9)  The  fee  to  be paid to have the scoring of an
 
SB745 Engrossed             -882-              LRB9101253EGfg
 1        examination, administered by the Department, reviewed and
 2        verified, is $20 plus any fees charged by the  applicable
 3        testing service.
 4             (10)  The  fee  to  be paid by a licensee for a wall
 5        certificate showing his or her their license shall be the
 6        actual cost of producing the such certificate.
 7             (11)  The fee for a roster of  persons  licensed  as
 8        physicians  in  this  State  shall  be the actual cost of
 9        producing such a roster.
10        (F)  Any person who delivers a check or other payment  to
11    the  Department  that is returned to the Department unpaid by
12    the financial institution upon which it is drawn shall pay to
13    the Department, in addition to the amount already owed to the
14    Department, a fine of $50. If the check or other payment  was
15    for  a  renewal  or  issuance  fee  and that person practices
16    without paying the renewal fee or issuance fee and  the  fine
17    due,  an  additional fine of $100 shall be imposed. The fines
18    imposed  by  this  Section  are  in  addition  to  any  other
19    discipline provided under this Act for unlicensed practice or
20    practice on a nonrenewed license. The Department shall notify
21    the person that payment of fees and fines shall  be  paid  to
22    the  Department  by  certified check or money order within 30
23    calendar days of the notification. If, after  the  expiration
24    of  30 days from the date of the notification, the person has
25    failed to submit the  necessary  remittance,  the  Department
26    shall  automatically  terminate the license or certificate or
27    deny the application, without hearing. If, after  termination
28    or  denial,  the person seeks a license or certificate, he or
29    she shall apply to the Department for restoration or issuance
30    of the license or certificate and pay all fees and fines  due
31    to the Department. The Department may establish a fee for the
32    processing  of an application for restoration of a license or
33    certificate  to  pay  all   expenses   of   processing   this
34    application.  The Director may waive the fines due under this
 
SB745 Engrossed             -883-              LRB9101253EGfg
 1    Section in individual cases where the Director finds that the
 2    fines would be unreasonable or unnecessarily burdensome.
 3    (Source: P.A.  88-246;  89-204,  eff.  1-1-96;  89-702,  eff.
 4    7-1-97; revised 10-31-98.)

 5        Section 129.  The Nursing and Advanced  Practice  Nursing
 6    Act is amended by changing Section 20-120 as follows:

 7        (225 ILCS 65/20-120)
 8        Sec.  20-120.  Order of Director.  An order regarding any
 9    disciplinary action, or a certified copy  thereof,  over  the
10    seal  of  the  Department  and purporting to be signed by the
11    Director, shall be prima facie evidence that:
12             (a)  the such signature is the genuine signature  of
13        the Director;
14             (b)  the  that  such  Director is duly appointed and
15        qualified; and
16             (c)  that  the  Board  and  the  Board  members  are
17        qualified to act.
18    (Source: P.A. 90-61, eff.  12-30-97;  90-742,  eff.  8-13-98;
19    revised 9-21-98.)

20        Section  130.  The Illinois Occupational Therapy Practice
21    Act is amended by changing Sections 8, 9, 19,  and  19.10  as
22    follows:

23        (225 ILCS 75/8) (from Ch. 111, par. 3708)
24        Sec.  8.  A person shall be qualified for licensure as an
25    occupational therapist if that person:
26             (1) A.  That person has applied in writing  in  form
27        and substance to the Department; and
28             (2)  (1)  is  a  citizen  of  the United States or a
29        lawfully admitted alien, in status, registered  with  the
30        United   States   Department   of  Justice,  Division  of
 
SB745 Engrossed             -884-              LRB9101253EGfg
 1        Immigration and Naturalization;
 2             (3)  (2)  has  completed  an  occupational   therapy
 3        program  of  at  least  4  years  in length, leading to a
 4        baccalaureate degree, or its equivalent, approved by  the
 5        Department; and.
 6             (4)  B.  That  person has successfully completed the
 7        examination authorized by the Department within the  past
 8        5 years.
 9    (Source: P.A. 86-596; 87-1237; revised 10-31-98.)

10        (225 ILCS 75/9) (from Ch. 111, par. 3709)
11        Sec.  9.  A person shall be qualified for licensure as an
12    occupational therapy assistant if that person:
13             (1) A.  That person has applied in writing  in  form
14        and substance to the Department; and
15             (2)  (1)  is  a  citizen  of  the United States or a
16        lawfully admitted alien, in status, registered  with  the
17        United   States   Department   of  Justice,  Division  of
18        Immigration and Naturalization;
19             (3)  (2)  has  completed  an  occupational   therapy
20        program  of  at  least  2  years  in length leading to an
21        associate degree, or  its  equivalent,  approved  by  the
22        Department; and
23             (4)  B.  That  person has successfully completed the
24        examination authorized by the Department within the  past
25        5 years.
26    (Source: P.A. 86-596; 87-1237; revised 10-31-98.)

27        (225 ILCS 75/19) (from Ch. 111, par. 3719)
28        Sec.  19.  (a)  The  Department  may  refuse  to issue or
29    renew, or may revoke, suspend, place on probation,  reprimand
30    or  take other disciplinary action as the Department may deem
31    proper,  including  fines  not  to  exceed  $2,500  for  each
32    violation,  with  regard  to  any  license  for  any  one  or
 
SB745 Engrossed             -885-              LRB9101253EGfg
 1    combination of the following:
 2             (1)  Material misstatement in furnishing information
 3        to the Department;
 4             (2)  Wilfully violating this Act, or  of  the  rules
 5        promulgated thereunder;
 6             (3)  Conviction  of  any crime under the laws of the
 7        United States or any state or territory thereof which  is
 8        a  felony or which is a misdemeanor, an essential element
 9        of which is dishonesty, or of any crime which is directly
10        related to the practice of occupational therapy;
11             (4)  Making any misrepresentation for the purpose of
12        obtaining certification, or violating  any  provision  of
13        this  Act  or the rules promulgated thereunder pertaining
14        to advertising;
15             (5)  Having    demonstrated     unworthiness,     or
16        incompetency  to  act  as  an  occupational  therapist or
17        occupational therapy  assistant  in  such  manner  as  to
18        safeguard the interest of the public;
19             (6)  Wilfully  aiding  or  assisting another person,
20        firm,  partnership  or  corporation  in   violating   any
21        provision of this Act or rules;
22             (7)  Failing, within 60 days, to provide information
23        in response to a written request made by the Department;
24             (8)  Engaging    in   dishonorable,   unethical   or
25        unprofessional conduct of a character likely to  deceive,
26        defraud or harm the public;
27             (9)  Habitual  intoxication  or addiction to the use
28        of drugs;
29             (10)  Discipline by another state, the  District  of
30        Columbia, a territory, or foreign nation, if at least one
31        of  the  grounds  for  the  discipline  is  the  same  or
32        substantially equivalent to those set forth herein;
33             (11)  Directly  or indirectly giving to or receiving
34        from  any  person,  firm,  corporation,  partnership   or
 
SB745 Engrossed             -886-              LRB9101253EGfg
 1        association  any fee, commission, rebate or other form of
 2        compensation for professional services  not  actually  or
 3        personally rendered;
 4             (12)  A  finding  by the Department that the license
 5        holder,  after  having  his  license   disciplined,   has
 6        violated the terms of the discipline;
 7             (13)  Wilfully  making  or  filing  false records or
 8        reports  in  the  practice   of   occupational   therapy,
 9        including but not limited to false records filed with the
10        State agencies or departments;
11             (14)  Physical  illness,  including  but not limited
12        to, deterioration through the aging process, or  loss  of
13        motor  skill  which  results in the inability to practice
14        the profession with reasonable judgment, skill or safety;
15             (15)  Solicitation of  professional  services  other
16        than by permitted advertising;
17             (16)  Wilfully   exceeding  the  scope  of  practice
18        customarily undertaken by  persons  licensed  under  this
19        Act,  which conduct results in, or may result in, harm to
20        the public;
21             (17)  Holding   one's   self   out    to    practice
22        occupational therapy under any name other than his own or
23        impersonation of any other occupational therapy licensee
24        license;
25             (18)  Gross negligence;
26             (19)  Malpractice;
27             (20)  Obtaining  a  fee  in money or gift in kind of
28        any other items of value or  in  the  form  of  financial
29        profit   or  benefit  as  personal  compensation,  or  as
30        compensation, or charge, profit or gain for  an  employer
31        or  for  any  other  person or persons, on the fraudulent
32        misrepresentation that a manifestly  incurable  condition
33        of  sickness,  disease  or  injury  to  any person can be
34        cured;
 
SB745 Engrossed             -887-              LRB9101253EGfg
 1             (21)  Accepting  commissions  or  rebates  or  other
 2        forms of remuneration  for  referring  persons  to  other
 3        professionals;
 4             (22)  Failure  to  file a return, or to pay the tax,
 5        penalty or interest shown in a filed return,  or  to  pay
 6        any  final  assessment  of  tax,  penalty or interest, as
 7        required by any tax  Act  administered  by  the  Illinois
 8        Department   of   Revenue,   until   such   time  as  the
 9        requirements of any such tax Act are satisfied;
10             (23)  Violating the Health Care Worker Self-Referral
11        Act; and
12             (24)  Having treated  patients  other  than  by  the
13        practice  of occupational therapy as defined in this Act,
14        or having treated patients  as  a  licensed  occupational
15        therapist  independent of a referral from a physician, or
16        having failed to notify the physician who  established  a
17        diagnosis  that  the  patient  is  receiving occupational
18        therapy pursuant to that diagnosis.
19        (b)  The determination by a circuit court that a  license
20    holder  is  subject  to  involuntary  admission  or  judicial
21    admission  as provided in the Mental Health and Developmental
22    Disabilities Code, as now or hereafter amended,  operates  as
23    an  automatic suspension.  Such suspension will end only upon
24    a finding by a court that the patient is no longer subject to
25    involuntary admission or judicial admission, an order by  the
26    court  so  finding  and  discharging  the  patient,  and  the
27    recommendation  of the Board to the Director that the license
28    holder be allowed to resume his practice.
29    (Source: P.A. 87-1207; 88-424; revised 10-31-98.)

30        (225 ILCS 75/19.10) (from Ch. 111, par. 3729)
31        Sec. 19.10.  Order or certified copy; prima facie  proof.
32    An  order  or  a certified copy thereof, over the seal of the
33    Department and purporting to be signed by the Director, shall
 
SB745 Engrossed             -888-              LRB9101253EGfg
 1    be prima facie proof that: thereof and
 2             (1)  That the signature is the genuine signature  of
 3        the Director;
 4             (2)  That   the   Director  is  duly  appointed  and
 5        qualified; and
 6             (3)  That the Board  and  the  members  thereof  are
 7        qualified to act.
 8    (Source: P.A. 83-696; revised 4-20-98.)

 9        Section  131.   The  Illinois  Optometric Practice Act of
10    1987 is amended by changing Section 26.10 as follows:

11        (225 ILCS 80/26.10) (from Ch. 111, par. 3926.10)
12        Sec. 26.10.  Order  or  certified  copy  as  prima  facie
13    proof.   An  order or a certified copy thereof, over the seal
14    of  the  Department  and  purporting  to  be  signed  by  the
15    Director, shall be prima facie proof that thereof:
16             (a)  the  That  such  signature   is   the   genuine
17        signature of the Director;
18             (b)  the  That  such  Director is duly appointed and
19        qualified; and
20             (c)  That the Board and the members  member  thereof
21        are qualified to act.
22    (Source: P.A. 89-702, eff. 7-1-97; revised 4-10-98.)

23        Section  132.   The  Pharmacy  Practice  Act  of  1987 is
24    amended by changing Section 35.13 as follows:

25        (225 ILCS 85/35.13) (from Ch. 111, par. 4155.13)
26        Sec. 35.13.  Order or certified copy; prima facie  proof.
27    An  order  or  a certified copy thereof, over the seal of the
28    Department and purporting to be signed by the Director, shall
29    be prima facie proof that: thereof;
30             (a)  the  that  such  signature   is   the   genuine
 
SB745 Engrossed             -889-              LRB9101253EGfg
 1        signature of the Director;
 2             (b)  the  that  such  Director is duly appointed and
 3        qualified; and
 4             (c)  that the Board  and  the  members  thereof  are
 5        qualified to act.
 6    (Source: P.A. 85-796; revised 4-10-98.)

 7        Section  133.   The  Illinois  Physical  Therapy  Act  is
 8    amended by changing Sections 3, 8, and 26 as follows:

 9        (225 ILCS 90/3) (from Ch. 111, par. 4253)
10        Sec. 3.  Powers and duties of the Department.  Subject to
11    the provisions of this Act, the Department shall:
12        1.  Prescribe   rules   defining   what   constitutes   a
13    curriculum for physical therapy that is reputable and in good
14    standing.
15        2.  Adopt  rules  providing  for  the  establishment of a
16    uniform  and   reasonable   standard   of   instruction   and
17    maintenance  to  be  observed  by  all curricula for physical
18    therapy which are approved by the Department;  and  determine
19    the  reputability  and  good  standing  of such curricula for
20    physical therapy by reference to compliance with such  rules,
21    provided  that  no  school  of  physical therapy that refuses
22    admittance to applicants solely on account  of  race,  color,
23    creed,  sex  or national origin shall be considered reputable
24    and in good standing.
25        3.  Prescribe  and  publish  rules  for   a   method   of
26    examination  of  candidates  for licensed physical therapists
27    and licensed physical therapist assistants and  for  issuance
28    of  licenses  authorizing candidates upon passing examination
29    to practice as  licensed  physical  therapists  and  licensed
30    physical therapist assistants.
31        4.  Review application to ascertain the qualifications of
32    applicants for licenses.
 
SB745 Engrossed             -890-              LRB9101253EGfg
 1        5.  Authorize     examinations     to    ascertain    the
 2    qualifications  of  those   applicants   who   require   such
 3    examinations as a component of a license.
 4        6.  Conduct  hearings  on  proceedings to refuse to issue
 5    licenses and to discipline persons  who  are  licensed  under
 6    this Act and refuse to issue such licenses, and to discipline
 7    such licensees, or to refuse to issue a license to any person
 8    who  has practiced physical therapy in violation of this Act,
 9    prior to applying for a license.
10        7.  Formulate rules required for  the  administration  of
11    this Act.
12        8.  The  Department  shall  Maintain  a  list of licensed
13    physical   therapists   and   licensed   physical   therapist
14    assistants authorized to practice in the  State.   This  list
15    shall  show  the name of every licensee, his last known place
16    of residence and the date and number of his or  her  license.
17    Any  interested person in the State may obtain a copy of that
18    list on application to the  Department  and  payment  of  the
19    required fee.
20        9.  The  Department  shall Exercise the powers and duties
21    prescribed by the Civil Administrative Code of  Illinois  for
22    the administration of licensing Acts.
23    (Source: P.A. 89-387, eff. 1-1-96; revised 10-31-98.)

24        (225 ILCS 90/8) (from Ch. 111, par. 4258)
25        Sec.  8.   Qualifications  for  licensure  as  a Physical
26    Therapist.
27        (a)  A person is qualified to  receive  a  license  as  a
28    physical  therapist if that person has applied in writing, on
29    forms prescribed by the Department,  has  paid  the  required
30    fees, and meets all of the following requirements:
31             (1)  He  or  she  is at least 18 years of age and of
32        good moral character. In determining moral character, the
33        Department  may  take  into  consideration   any   felony
 
SB745 Engrossed             -891-              LRB9101253EGfg
 1        conviction  of the applicant, but such a conviction shall
 2        not operate automatically as a complete bar to a license.
 3        ;
 4             (2)  He or she has graduated from  a  curriculum  in
 5        physical   therapy   approved   by  the  Department.   In
 6        approving  a  curriculum   in   physical   therapy,   the
 7        Department   shall   consider,   but  not  be  bound  by,
 8        accreditation  by  the  Commission  on  Accreditation  in
 9        Physical Therapy Education. A person who graduated from a
10        physical therapy program outside the United States or its
11        territories shall have his or  her  degree  validated  as
12        equivalent  to  a  physical therapy degree conferred by a
13        regionally accredited college or university in the United
14        States.  The Department may establish by  rule  a  method
15        for the completion of course deficiencies.; and
16             (3)  He or she has passed an examination approved by
17        the Department to determine his fitness for practice as a
18        physical therapist, or is entitled to be licensed without
19        examination  as  provided  in  Sections 10 and 11 of this
20        Act. A person  who  graduated  from  a  physical  therapy
21        program  outside the United States or its territories and
22        whose  first  language  is  not  English   shall   submit
23        certification  of  passage  of  the  Test of English as a
24        Foreign Language (TOEFL) and the Test of  Spoken  English
25        (TSE)  as  defined  by rule prior to taking the licensure
26        examination.
27        (b)  (4)  The  Department  reserves  the  right  and  may
28    request a personal  interview  of  an  applicant  before  the
29    Committee to further evaluate his or her qualifications for a
30    license.
31    (Source: P.A. 89-387, eff. 1-1-96; revised 10-31-98.)

32        (225 ILCS 90/26) (from Ch. 111, par. 4276)
33        Sec.  26.  Order or certified copy; Thereof - prima facie
 
SB745 Engrossed             -892-              LRB9101253EGfg
 1    proof.  An order or a certified copy thereof, over  the  seal
 2    of  the  Department  and  purporting  to  be  signed  by  the
 3    Director, shall be prima facie proof that: thereof;
 4             (a)  the   That   such   signature  is  the  genuine
 5        signature of the Director;
 6             (b)  the That such Director is  duly  appointed  and
 7        qualified; and
 8             (c)  that  the Committee and the members thereof are
 9        qualified to act.
10    (Source: P.A. 84-595; revised 4-10-98.)

11        Section 134.  The Physician  Assistant  Practice  Act  of
12    1987 is amended by changing Section 22.10 as follows:

13        (225 ILCS 95/22.10) (from Ch. 111, par. 4622.10)
14        Sec.  22.10.  Order or certified copy; prima facie proof.
15    An order or a certified copy thereof, over the  seal  of  the
16    Department and purporting to be signed by the Director, shall
17    be prima facie proof that: thereof;
18             (a)  the   That   such   signature  is  the  genuine
19        signature of the Director;
20             (b)  the That such Director is  duly  appointed  and
21        qualified; and
22             (c)  That  the  Disciplinary  Board  and the members
23        thereof are qualified to act.
24    (Source: P.A. 85-981; revised 4-10-98.)

25        Section 135.  The Podiatric Medical Practice Act of  1987
26    is amended by changing Sections 35 and 36 as follows:

27        (225 ILCS 100/35) (from Ch. 111, par. 4835)
28        Sec.  35.  Order or certified copy; thereof - prima facie
29    proof.  An order or a certified copy thereof, over  the  seal
30    of  the  Department  and  purporting  to  be  signed  by  the
 
SB745 Engrossed             -893-              LRB9101253EGfg
 1    Director, shall be prima facie proof that: thereof and
 2             (a)  the  that  such  a  signature  is  the  genuine
 3        signature of the Director;
 4             (b)  the  that  such  Director is duly appointed and
 5        qualified; and
 6             (c)  that the Board  and  the  members  thereof  are
 7        qualified to act.
 8    (Source: P.A. 85-918; revised 4-10-98.)

 9        (225 ILCS 100/36) (from Ch. 111, par. 4836)
10        Sec.  36.   Restoration  of  suspended or revoked license
11    licensed.  At any time after the suspension or revocation  of
12    any  license,  the  Department  may restore it to the accused
13    person, upon the written recommendation of the Board,  unless
14    after  an  investigation  and a hearing, the Board determines
15    that restoration is not in the public interest.
16    (Source: P.A. 85-918; revised 10-31-98.)

17        Section 136.  The Professional Boxing and  Wrestling  Act
18    is amended by changing Section 23 as follows:

19        (225 ILCS 105/23) (from Ch. 111, par. 5023)
20        Sec. 23.  Fees. The following fees are not refundable:
21        1.  The  fee for a permit to hold an athletic event shall
22    be $25.
23        2.  The fee for a license as a boxing promoter  shall  be
24    $300  and the fee for renewal shall be calculated at the rate
25    of $150 per year.
26        3.  (Blank). The fee for a license as a  boxing  promoter
27    shall  be $300 and the fee for renewal shall be calculated at
28    the rate of $150 per year.
29        4.  The fee for a license as boxing contestant  shall  be
30    $20  and  the fee for renewal shall be calculated at the rate
31    of $10 per year.
 
SB745 Engrossed             -894-              LRB9101253EGfg
 1        5.  The fee for a license as a referee shall be $100  and
 2    the  fee  for  renewal shall be calculated at the rate of $50
 3    per year.
 4        6.  The fee for a license as a judge shall be $10 and the
 5    fee for renewal shall be calculated at the  rate  of  $5  per
 6    year.
 7        7.  The  fee  for a license as a manager shall be $50 and
 8    the fee for renewal shall be calculated at the  rate  of  $25
 9    per year.
10        8.  The  fee for a license as a trainer (second) shall be
11    $10, and the fee for renewal shall be calculated at the  rate
12    of $5 per year.
13        9.  The  fee  for  a license as a timekeeper shall be $50
14    and the fee for renewal shall be calculated at  the  rate  of
15    $25 per year.
16        10.  The  fee  for a registration of a wrestling promoter
17    shall be $300 and the fee for renewal shall be calculated  at
18    the rate of $150 per year.
19    (Source: P.A. 82-522; revised 10-28-98.)

20        Section  137.   The  Respiratory  Care  Practice  Act  is
21    amended by changing Section 60 as follows:

22        (225 ILCS 106/60)
23        Sec.  60.  Professional identification.  (a) A person who
24    is licensed with the Department of Professional Regulation in
25    this State may use the title, "respiratory care practitioner"
26    and the abbreviation "RCP".
27    (Source: P.A. 89-33, eff. 1-1-96; revised 10-31-98.)

28        Section  138.   The  Veterinary  Medicine   and   Surgery
29    Practice  Act  of  1994 is amended by changing Sections 25.10
30    and 28 as follows:
 
SB745 Engrossed             -895-              LRB9101253EGfg
 1        (225 ILCS 115/25.10) (from Ch. 111, par. 7025.10)
 2        Sec. 25.10.  Order or certified copy; prima facie proof.
 3    An order or a certified copy thereof, over the  seal  of  the
 4    Department and purporting to be signed by the Director, shall
 5    be prima facie proof that thereof:
 6             (a)  the   That   such   signature  is  the  genuine
 7        signature of the Director;
 8             (b)  the That such Director is  duly  appointed  and
 9        qualified; and
10             (c)  That  the  Board  and  the  members thereof are
11        qualified to act.
12    (Source: P.A. 83-1016; revised 10-14-98.)

13        (225 ILCS 115/28) (from Ch. 111, par. 7028)
14        Sec. 28.  Previous laws.  Rights and obligations incurred
15    and any actions commenced under the Veterinary  Medicine  and
16    Surgery  Practice Act, as that Act or the Veterinary Medicine
17    and Surgery Practice Act of 1983 as those Acts existed  prior
18    to  the  effective date of this Act, shall not be impaired by
19    the enactment of this Act.  Rights and  obligations  incurred
20    and  any actions commenced under this Act as it existed prior
21    to the effective date of  Public  Act  88-424  shall  not  be
22    impaired  by  the  enactment  of  that amendatory Act.  Rules
23    adopted  under  the   former   Act   Acts,   unless   clearly
24    inconsistent with the provisions of this Act, shall remain in
25    effect until amended or rescinded.
26        All  licenses legally issued in this State permitting the
27    holder thereof to practice veterinary  medicine  and  surgery
28    and  valid  and  in  effect  on the taking effect of this Act
29    shall have the  same  force,  and  be  subject  to  the  same
30    authority  of  the  Department  to revoke or suspend them, as
31    licenses issued under this Act.
32    (Source: P.A. 88-424; revised 8-10-98.)
 
SB745 Engrossed             -896-              LRB9101253EGfg
 1        Section 139.  The Wholesale Drug  Distribution  Licensing
 2    Act is amended by changing Sections 75 and 140 as follows:

 3        (225 ILCS 120/75) (from Ch. 111, par. 8301-75)
 4        Sec.  75.   Automatic suspension.  The determination by a
 5    circuit court that  a  licensee  is  subject  to  involuntary
 6    admission  or  judicial  admission  as provided in the Mental
 7    Health and Developmental Disabilities  Code  operates  as  an
 8    automatic  suspension. The suspension shall end only upon (i)
 9    a finding by a court  that  the  patient  is  no  not  longer
10    subject  to  involuntary  admission or judicial admission and
11    the issuance of an  order  so  finding  and  discharging  the
12    patient  and  (ii)  the  recommendation  of  the Board to the
13    Director that the licensee be allowed to resume  his  or  her
14    practice.
15    (Source: P.A. 87-594; revised 10-31-98.)

16        (225 ILCS 120/140) (from Ch. 111, par. 8301-140)
17        Sec.  140.   Orders;  prima  facie  proof.  An order or a
18    certified copy thereof, over the seal of the  Department  and
19    purporting to be signed by the Director, shall be prima facie
20    proof that:;
21             (a)  that  the signature is the genuine signature of
22        the Director;
23             (b)  that  the  Director  is  duly   appointed   and
24        qualified; and
25             (c)  that the Board and its members are qualified to
26        act.
27    (Source: P.A. 87-594; revised 10-14-98.)

28        Section  140.   The Illinois Explosives Act is amended by
29    changing Section 2005 as follows:

30        (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
 
SB745 Engrossed             -897-              LRB9101253EGfg
 1        Sec. 2005. Qualifications  for  licensure.  A  person  is
 2    qualified  to  receive a license under this Act if the person
 3    meets the following minimum requirements:
 4             (1)  is at least 21 years of age;
 5             (2)  has not willfully violated  any  provisions  of
 6        this Act;
 7             (3)  has  not  made  any  material  misstatement  or
 8        knowingly  withheld  information  in  connection with any
 9        original or renewal application;
10             (4)  has  not  been  declared  incompetent  by   any
11        competent  court  by reasons of mental or physical defect
12        or  disease  unless  a  court  has  since  declared   him
13        competent;
14             (5)  does not abuse alcohol or prescription drugs or
15        use illegal drugs;
16             (6)  has  not  been convicted in any jurisdiction of
17        any felony within the prior 5 years;
18             (7)  is not a fugitive from justice; and
19             (8)  is of good  moral  character.   Convictions  of
20        crimes  not  listed in subsection (6) of this Section may
21        be taken into account in determining moral character  but
22        shall not operate as an absolute bar to licensure; and
23             (9)  has  passed  the  oral and written examinations
24        required under Section 2004 of this Act.
25        A licensee shall continue to meet these  requirements  in
26    order to maintain his license.
27    (Source: P.A. 87-835; 88-599, eff. 9-1-94; revised 10-31-98.)

28        (225 ILCS 220/0.01 rep.)
29        Section 141.  The Hazardous Waste Equipment Operators and
30    Laborers  Licensing  Act  (Public  Act 85-1195) is amended by
31    repealing Section 0.01.

32        Section 142.  The Illinois Architecture Practice  Act  of
 
SB745 Engrossed             -898-              LRB9101253EGfg
 1    1989 is amended by changing Section 30 as follows:

 2        (225 ILCS 305/30) (from Ch. 111, par. 1330)
 3        Sec.  30.   Order  to  be prima facie proof.  An order of
 4    revocation or suspension or a certified  copy  thereof,  over
 5    the seal of the Department and purporting to be signed by the
 6    Director, shall be prima facie proof that:
 7             (a)  the  Such signature is the genuine signature of
 8        the Director;.
 9             (b)  the That such Director is  duly  appointed  and
10        qualified; and.
11             (c)  That  the  Board  and  the  members thereof are
12        qualified to act.
13    Such proof may be rebutted.
14    (Source: P.A. 86-702; revised 4-10-98.)

15        Section 143.  The Interior Design Profession Title Act is
16    amended by changing Sections 4, 13, and 29 as follows:

17        (225 ILCS 310/4) (from Ch. 111, par. 8204)
18        Sec.  4.   (a)  No  individual  shall,  without  a  valid
19    registration  as  an  interior   designer   issued   by   the
20    Department,  in  any manner hold himself out to the public as
21    an interior designer or attach the title "interior  designer"
22    or any other name or designation which would in any way imply
23    that  he  is  able  to  use  the title "interior designer" as
24    defined in this Act. No individual  shall,  without  a  valid
25    registration as a residential interior designer issued by the
26    Department, in any manner hold himself out to the public as a
27    residential  interior designer, or use the title "residential
28    interior designer" or any name or designation that  would  in
29    any  way  imply that he is able to use the title "residential
30    interior designer" as defined in this Act.
31        (a-5)  Nothing  in  this  Act  shall  be   construed   as
 
SB745 Engrossed             -899-              LRB9101253EGfg
 1    preventing  or restricting the services offered or advertised
 2    by an interior designer who is registered under this Act.
 3        (b)  Nothing in this Act shall prevent the employment, by
 4    an  interior  designer  or  residential  interior   designer,
 5    association,   partnership,   or   a  corporation  furnishing
 6    interior design or residential interior design  services  for
 7    remuneration, of persons not registered as interior designers
 8    or  residential  interior  designers  to  perform services in
 9    various capacities as needed, provided that  the  persons  do
10    not  represent  themselves as, or use the title of, "interior
11    designer",  "registered  interior   designer",   "residential
12    interior   designer"   or  "registered  residential  interior
13    designer".
14        (c)  Nothing in this Act shall be construed to limit  the
15    activities  and  use  of  the  title  "interior  designer" or
16    "residential interior designer" on the part of a  person  not
17    registered  under  this  Act who is a graduate of an interior
18    design program and a full-time employee of a  duly  chartered
19    institution  of  higher  education  insofar  as  such  person
20    engages  in  public  speaking,  with or without remuneration,
21    provided that such person does not represent himself to be an
22    interior designer  or  use  the  title  "registered  interior
23    designer" or "registered residential interior designer".
24        (d)  Nothing  contained  in  this  Act shall restrict any
25    person not registered under this Act from carrying out any of
26    the activities listed in the definition of "the profession of
27    interior design" in under paragraph (f) of Section 3  (3)  if
28    such person does not represent himself or his services in any
29    manner prohibited by this Act.
30        (e)  Nothing in this Act shall be construed as preventing
31    or  restricting  the practice, services, or activities of any
32    person licensed in  this  State  under  any  other  law  from
33    engaging  in  the  profession  or  occupation for which he is
34    licensed.
 
SB745 Engrossed             -900-              LRB9101253EGfg
 1        (f)  Nothing in this Act shall be construed as preventing
 2    or restricting  the  practice,  services,  or  activities  of
 3    engineers   licensed   under   the  Professional  Engineering
 4    Practice Act of 1989 or the Structural Engineering  Licensing
 5    Act  of  1989;  architects  licensed pursuant to the Illinois
 6    Architectural Practice Act of 1989; any interior decorator or
 7    individual offering interior decorating  services  including,
 8    but  not  limited  to,  the  selection  of surface materials,
 9    window treatments, wall  coverings,  furniture,  accessories,
10    paint,  floor  coverings, and lighting fixtures; or builders,
11    home furnishings salespersons, and similar purveyors of goods
12    and services relating to homemaking.
13        (g)  Nothing in this Act or any other Act shall prevent a
14    licensed architect from practicing interior  design  services
15    or  from  using the title "interior designer" or "residential
16    interior designer".  Nothing in this Act shall  be  construed
17    as   requiring  the  services  of  an  interior  designer  or
18    residential interior designer for the interior designing of a
19    single family residence.
20        (h)  Nothing  in  this  Act  shall   authorize   interior
21    designers   or  residential  interior  designers  to  perform
22    services,  including  life  safety  services  that  they  are
23    prohibited from performing,  or  any  practice  (i)  that  is
24    restricted in the Illinois Architecture Practice Act of 1989,
25    the  Professional  Engineering  Practice  Act of 1989, or the
26    Structural Engineering Licensing Act of 1989,  or  (ii)  that
27    they  are  not  authorized to perform under the Environmental
28    Barriers Act.
29    (Source: P.A. 88-650, eff. 9-16-94; revised 10-31-98.)

30        (225 ILCS 310/13) (from Ch. 111, par. 8213)
31        Sec.  13.    Refusal,   revocation   or   suspension   of
32    registration.  The  Department may refuse to issue, renew, or
33    restore or may revoke, suspend, place on probation, reprimand
 
SB745 Engrossed             -901-              LRB9101253EGfg
 1    or take other disciplinary action as the Department may  deem
 2    proper,  including  fines  not  to  exceed  $5,000  for  each
 3    violation,  with  regard  to  any registration for any one or
 4    combination of the following causes:
 5             (a)  Fraud   in   procuring   the   certificate   of
 6        registration.
 7             (b)  Habitual intoxication or addiction to  the  use
 8        of drugs.
 9             (c)  Making    any   misrepresentations   or   false
10        promises, directly or indirectly, to influence, persuade,
11        or induce patronage.
12             (d)  Professional connection or association with, or
13        lending his name, to another for illegal use of the title
14        "interior designer" or "residential  interior  designer",
15        or   professional  connection  or  association  with  any
16        person, firm, or corporation holding itself  out  in  any
17        manner contrary to this Act.
18             (e)  Obtaining  or  seeking to obtain checks, money,
19        or any other  items  of  value  by  false  or  fraudulent
20        representations.
21             (f)  Use  of  the  title under a name other than his
22        own.
23             (g)  Improper,   unprofessional,   or   dishonorable
24        conduct of a character likely  to  deceive,  defraud,  or
25        harm the public.
26             (h)  Conviction in this or another state, or federal
27        court,  of any crime which is a felony, if the Department
28        determines, after investigation, that such person has not
29        been sufficiently rehabilitated  to  warrant  the  public
30        trust.
31             (i)  A violation of any provision of this Act or its
32        rules.
33             (j)  Revocation  by  another  state, the District of
34        Columbia, territory, or foreign  nation  of  an  interior
 
SB745 Engrossed             -902-              LRB9101253EGfg
 1        design  or residential interior design registration if at
 2        least one of the grounds for that revocation is the  same
 3        as or the equivalent of one of the grounds for revocation
 4        set forth in this Act.
 5             (k)  Mental  incompetence  as declared by a court of
 6        competent jurisdiction.
 7             (l)  Being named as a perpetrator  in  an  indicated
 8        report  by the Department of Children and Family Services
 9        pursuant to the Abused and Neglected Child Reporting Act,
10        and upon proof by clear and convincing evidence that  the
11        registrant  has  caused  a child to be an abused child or
12        neglected child as defined in the  Abused  and  Neglected
13        Child Reporting Act.
14        The  Department  shall  deny  a  registration  or renewal
15    authorized by this Act to any person who has defaulted on  an
16    educational   loan   guaranteed   by   the  Illinois  Student
17    Assistance Commission; however, the Department  may  issue  a
18    certificate  of  registration  or  renewal if such person has
19    established a satisfactory repayment record as determined  by
20    the Illinois Student Assistance Commission.
21        The  Department  may  refuse  to issue or may suspend the
22    registration of any person who fails to file a return, or  to
23    pay  the tax, penalty, or interest showing in a filed return,
24    or to pay any final assessment of tax, penalty, or  interest,
25    as  required  by  any  tax  Act  administered by the Illinois
26    Department of Revenue, until such time as the requirements of
27    any such tax Act are satisfied.
28        The entry of a decree by any circuit  court  establishing
29    that  any  person holding a certificate of registration under
30    this Act is a person subject to involuntary  admission  under
31    the  Mental  Health and Developmental Disabilities Code shall
32    operate as a suspension of that  registration.   That  person
33    may   resume   using   the   title   "interior  designer"  or
34    "residential interior designer" only upon a  finding  by  the
 
SB745 Engrossed             -903-              LRB9101253EGfg
 1    Board  that he has been determined to be no longer subject to
 2    involuntary admission by  the  court  and  upon  the  Board's
 3    recommendation to the Director that he be permitted to resume
 4    using  the title "interior designer" or "residential interior
 5    designer".
 6    (Source: P.A. 88-650, eff. 9-16-94; revised 10-31-98.)

 7        (225 ILCS 310/29) (from Ch. 111, par. 8229)
 8        Sec. 29.  Illinois  Administrative  Procedure  Act.   The
 9    Illinois  Administrative  Procedure  Act  is hereby expressly
10    adopted and incorporated herein as if all of  the  provisions
11    of  that  Act  were  included  in  this  Act, except that the
12    provision of subsection (d) of Section 10-65 of the Illinois
13    Administrative Administration  Procedure  Act  that  provides
14    that  at  hearings  the  registrant  has  the  right  to show
15    compliance  with  all  lawful  requirements  for   retention,
16    continuation,  or renewal of the registration is specifically
17    excluded.  For the purposes of this Act, the notice  required
18    under  Section 10-25 of the Illinois Administrative Procedure
19    Act is deemed  sufficient  when  mailed  to  the  last  known
20    address of a party.
21    (Source: P.A. 88-45; 88-650, eff. 9-16-94; revised 10-31-98.)

22        Section  144.  The Illinois Landscape Architecture Act of
23    1989 is amended by changing Section 25 as follows:

24        (225 ILCS 315/25) (from Ch. 111, par. 8125)
25        Sec. 25.  Order or certified copy; prima facie proof.  An
26    order or a certified copy  thereof,  over  the  seal  of  the
27    Department and purporting to be signed by the Director, shall
28    be prima facie proof that:
29             (a)  the  Such signature is the genuine signature of
30        the Director;.
31             (b)  the That such Director is  duly  appointed  and
 
SB745 Engrossed             -904-              LRB9101253EGfg
 1        qualified; and.
 2             (c)  That  the  Board  and  the  members thereof are
 3        qualified to act.
 4    (Source: P.A. 88-363; revised 4-10-98.)

 5        Section  145.   The  Illinois  Plumbing  License  Law  is
 6    amended by changing Section 25 as follows:

 7        (225 ILCS 320/25) (from Ch. 111, par. 1124)
 8        Sec. 25.  Order or certified copy; prima facie proof.  An
 9    order  of  suspension,  revocation,  or  reinstatement  of  a
10    license, or of dismissal of a complaint  or  petition,  or  a
11    certified  copy  of  such  an  order,  over  the  seal of the
12    Department and purporting to be signed by the Director, shall
13    be prima facie proof that:
14             (a)  the Such signature is the genuine signature  of
15        the Director; and.
16             (b)  the  That  such  Director is duly appointed and
17        qualified.
18    (Source: P.A. 83-878; revised 4-10-98.)

19        Section 146.  The Illinois Professional Land Surveyor Act
20    of 1989 is amended by changing Section 37 as follows:

21        (225 ILCS 330/37) (from Ch. 111, par. 3287)
22        Sec. 37.  Order or certified copy; prima facie proof.  An
23    order or  certified  copy  thereof,  over  the  seal  of  the
24    Department and purporting to be signed by the Director, shall
25    be prima facie proof that:
26             (a)  the  Such signature is the genuine signature of
27        the Director;.
28             (b)  That  the  Director  is  duly   appointed   and
29        qualified; and.
30             (c)  That  the  Board  and  the  members thereof are
 
SB745 Engrossed             -905-              LRB9101253EGfg
 1        qualified to act.
 2    (Source: P.A. 86-987; revised 5-6-98.)

 3        Section 147.  The Structural Engineering Licensing Act of
 4    1989 is amended by changing Section 28 as follows:

 5        (225 ILCS 340/28) (from Ch. 111, par. 6628)
 6        Sec. 28.  Order or certified copy; prima facie proof.  An
 7    order or a certified copy  thereof,  over  the  seal  of  the
 8    Department and purporting to be signed by the Director, shall
 9    be prima facie proof that:
10             1.  the  Such  signature is the genuine signature of
11        the Director;.
12             2.  the That such Director  is  duly  appointed  and
13        qualified; and.
14             3.  That  the  Board  and  the  members  thereof are
15        qualified to act.
16    Such proof may be rebutted.
17    (Source: P.A. 86-711; revised 5-6-98.)

18        Section 148.  The  Barber,  Cosmetology,  Esthetics,  and
19    Nail  Technology  Act of 1985 is amended by changing Sections
20    1-11, 3-4, 3A-5, 3C-5, and 4-16 as follows:

21        (225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
22        Sec. 1-11.  Exceptions to Act.
23        (a)  Nothing in this Act shall be construed to  apply  to
24    the  educational  activities conducted in connection with any
25    monthly, annual or other special educational program  of  any
26    bona    fide    association   of   licensed   cosmetologists,
27    estheticians,  nail  technicians,  or  barbers,  or  licensed
28    cosmetology, esthetics, nail technology,  or  barber  schools
29    from which the general public is excluded.
30        (b)  Nothing  in  this Act shall be construed to apply to
 
SB745 Engrossed             -906-              LRB9101253EGfg
 1    the activities and services of registered nurses or  licensed
 2    practical  nurses,  as  defined  in  the Nursing and Advanced
 3    Practice Nursing Act, or to  personal  care  or  health  care
 4    services  provided by individuals in the performance of their
 5    duties as employed or authorized by  facilities  or  programs
 6    licensed  or  certified  by  State  agencies. As used in this
 7    subsection (b), "personal care" means assistance with  meals,
 8    dressing,  movement,  bathing,  or  other  personal  needs or
 9    maintenance or  general  supervision  and  oversight  of  the
10    physical  and  mental  well-being  of  an  individual  who is
11    incapable of maintaining a private, independent residence  or
12    who is incapable of managing his or her person whether or not
13    a  guardian  has  been  appointed  for  that  individual. The
14    definition of "personal care" as used in this subsection  (b)
15    shall  not  otherwise be construed to negate the requirements
16    of this Act or its rules.
17        (c)  Nothing in this  Act  shall  be  deemed  to  require
18    licensure  of  individuals  employed  by  the motion picture,
19    film, television, stage play  or  related  industry  for  the
20    purpose  of  providing  cosmetology  or esthetics services to
21    actors of that industry while  engaged  in  the  practice  of
22    cosmetology   or   esthetics  as  a  part  of  that  person's
23    employment.
24    (Source: P.A. 89-387,  eff.  1-1-96;  90-580,  eff.  5-21-98;
25    90-742, eff. 8-13-98; revised 9-21-98.)

26        (225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)
27        Sec. 3-4. Licensure as cosmetology teacher or cosmetology
28    clinic teacher; qualifications.
29        (a)  A  person  is  qualified  to  receive  license  as a
30    cosmetology teacher if that person has applied in writing  on
31    forms provided by the Department, has paid the required fees,
32    and:
33             (1)  is at least 18 years of age;
 
SB745 Engrossed             -907-              LRB9101253EGfg
 1             (2)  has   graduated   from   high   school  or  its
 2        equivalent;
 3             (3)  has a current license as a cosmetologist;
 4             (4)  has either: (i) completed 500 hours of  teacher
 5        training  in  a  licensed school of cosmetology and had 2
 6        years of practical experience as a licensed cosmetologist
 7        within  5  years  preceding  the  examination;  or   (ii)
 8        completed  1,000  1000  hours  of  teacher  training in a
 9        licensed school of cosmetology; and
10             (5)  has passed an  examination  authorized  by  the
11        Department to determine fitness to receive a license as a
12        cosmetology teacher; and
13             (6)  has met any other requirements of this Act.
14        A  cosmetology teacher who teaches esthetics, in order to
15    be licensed, shall demonstrate, to the  satisfaction  of  the
16    Department, current skills in the use of machines used in the
17    practice of esthetics.
18        An  individual  who  receives  a license as a cosmetology
19    teacher  shall  not  be  required  to  maintain   an   active
20    cosmetology  license  in  order  to  practice  cosmetology as
21    defined in this Act.
22        (b)  A person is qualified to  receive  a  license  as  a
23    cosmetology  clinic  teacher  if  he  or  she  has applied in
24    writing on forms provided by the  Department,  has  paid  the
25    required fees, and:
26             (1)  is at least 18 years of age;
27             (2)  has   graduated   from   high   school  or  its
28        equivalent;
29             (3)  has a current license as a cosmetologist;
30             (4)  has  completed  250  hours  of  clinic  teacher
31        training in a licensed school of cosmetology  and  has  2
32        years of practical experience as a licensed cosmetologist
33        within 5 years preceding the examination;
34             (5)  has  passed  an  examination  authorized by the
 
SB745 Engrossed             -908-              LRB9101253EGfg
 1        Department to determine fitness to receive a license as a
 2        cosmetology teacher; and
 3             (6)  has met any other requirements of this Act.
 4    (Source: P.A.  89-387,  eff.  1-1-96;  90-302,  eff.  8-1-97;
 5    revised 10-31-98.)

 6        (225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)
 7        Sec. 3A-5.  Examination.
 8        (a)  The   Department  shall  authorize  examinations  of
 9    applicants for  a  license  licenses  as  an  esthetician  or
10    teacher estheticians, teachers of esthetics at such times and
11    places  as  it may determine.  The Department shall authorize
12    no fewer not less than 4 examinations for  a  license  as  an
13    esthetician  or a teacher of estheticians, esthetics teachers
14    in a calendar year.
15        If an  applicant  neglects,  fails  without  an  approved
16    excuse,  or  refuses  to  take the next available examination
17    offered for licensure under this Act, the  fee  paid  by  the
18    applicant  shall  be  forfeited  to  the  Department  and the
19    application  denied.   If  an  applicant  fails  to  pass  an
20    examination for licensure under this Act within 3 years after
21    filing his or  her  application,  the  application  shall  be
22    denied.   However,  such  applicant may thereafter make a new
23    application for examination, accompanied by the required fee,
24    if he or she meets the requirements in effect at the time  of
25    reapplication.    If   an   applicant  for  licensure  as  an
26    esthetician is unsuccessful at 3  examinations  conducted  by
27    the   Department,   the  applicant  shall,  before  taking  a
28    subsequent examination, furnish evidence of not less than 125
29    hours of additional study of esthetics in an approved  school
30    of cosmetology or esthetics since the applicant last took the
31    examination.   If  an applicant for licensure as an esthetics
32    teacher or esthetics clinic  teacher  is  unsuccessful  at  3
33    examinations  conducted  by  the  Department,  the  applicant
 
SB745 Engrossed             -909-              LRB9101253EGfg
 1    shall,   before  taking  a  subsequent  examination,  furnish
 2    evidence of not less than 80 hours  of  additional  study  in
 3    teaching methodology and educational psychology in a licensed
 4    school  of  cosmetology or esthetics since the applicant last
 5    took the examination.  An  applicant  who  fails  to  pass  a
 6    fourth   examination  shall  not  again  be  admitted  to  an
 7    examination unless (i)  in  the  case  of  an  applicant  for
 8    licensure  as  an esthetician, the applicant shall again take
 9    and complete a total of 750 hours in the study  of  esthetics
10    in  a  licensed  school  of  cosmetology  approved  to  teach
11    esthetics  or  a school of esthetics, extending over a period
12    that commences after the applicant fails to pass  the  fourth
13    examination  and that is not less than 18 weeks nor more than
14    4 consecutive years in duration;  (ii)  in  the  case  of  an
15    applicant   for  a  license  as  an  esthetics  teacher,  the
16    applicant shall again take and complete a total of 750  hours
17    of  teacher  training  in a school of cosmetology approved to
18    teach esthetics or a school of esthetics, except that if  the
19    applicant  had  2 years of practical experience as a licensed
20    cosmetologist or esthetician within  5  years  preceding  the
21    initial  examination  taken  by  the applicant, the applicant
22    must again take and complete 500 hours of teacher training in
23    licensed cosmetology or a licensed esthetics school; or (iii)
24    in the case of an applicant for a  license  as  an  esthetics
25    clinic teacher, the applicant shall again take and complete a
26    total  of  250 hours of clinic teacher training in a licensed
27    school of cosmetology or a licensed school of esthetics.
28        (b)  Each applicant shall be given a written  examination
29    testing  both theoretical and practical knowledge which shall
30    include, but not be limited to, questions that determine  the
31    applicant's knowledge of:
32             (1)  product chemistry;
33             (2)  sanitary rules and regulations;
34             (3)  sanitary procedures;
 
SB745 Engrossed             -910-              LRB9101253EGfg
 1             (4)  chemical service procedures;
 2             (5)  knowledge  of  the  anatomy  of the skin, as it
 3        relates to applicable services under this Act;
 4             (6)  the provisions and requirements  of  this  Act;
 5        and
 6             (7)  labor and compensation laws.
 7        (c)  The  examination  of  applicants for licensure as an
 8    esthetics teacher may include all of the above and  may  also
 9    include:
10             (1)  teaching methodology;
11             (2)  classroom management; and
12             (3)  record  keeping and any other subjects that the
13        Department  may  deem  necessary  to   insure   competent
14        performance.
15        (d)  This Act does not prohibit the practice of esthetics
16    by  one who has applied in writing to the Department, in form
17    and substance satisfactory to the Department, for  a  license
18    as  an  esthetician,  an  esthetics  teacher, or an esthetics
19    clinic teacher and has complied with all  the  provisions  of
20    this  Act  in  order  to  qualify  for  a license, except the
21    passing of an examination to  be  eligible  to  receive  such
22    license  certificate,  until:  (i) the expiration of 6 months
23    after the filing of such written  application,  or  (ii)  the
24    decision  of  the Department that the applicant has failed to
25    pass an examination within 6  months  or  failed  without  an
26    approved  excuse  to  take  an examination conducted within 6
27    months by the Department, or  (iii)  the  withdrawal  of  the
28    application.
29    (Source:  P.A.  89-387,  eff.  1-1-96;  90-302,  eff. 8-1-97;
30    revised 2-24-98.)

31        (225 ILCS 410/3C-5) (from Ch. 111, par. 1703C-5)
32        Sec. 3C-5.  Pre-existing  practitioners;  certificate  of
33    registration   requirements  for  nail  technology  teachers.
 
SB745 Engrossed             -911-              LRB9101253EGfg
 1    (a)  For a period of  2  years  after  January  1,  1992,  an
 2    applicant  who  was acting as a nail technology teacher prior
 3    to  January  1,  1992,  shall  be  issued  a  certificate  of
 4    registration as a nail technology teacher  if  the  applicant
 5    meets all of the following requirements:
 6             (1)  Completes  and  submits  to  the Department the
 7        necessary forms furnished by the Department along with an
 8        application fee of $20.
 9             (2)  Is at least 18 years of age.
10             (3)  Has  graduated  from   high   school   or   its
11        equivalent.
12             (4)  Has  2  years of practical experience as a nail
13        technology teacher as verified  in  a  written  affidavit
14        executed by an employer or coworker.
15             (5)  Submits proof satisfactory to the Department of
16        proficiency  in  the  use of nail technology products and
17        machinery.
18             (6)  Has passed an  examination  authorized  by  the
19        Department   to  determine  the  applicant's  fitness  to
20        receive  a  certificate  of  registration   as   a   nail
21        technology teacher.
22    (Source: P.A. 87-786; 87-1237; 88-362; revised 10-31-98.)

23        (225 ILCS 410/4-16) (from Ch. 111, par. 1704-16)
24        Sec.  4-16.   Order  or certified copy; prima facie proof
25    evidence.    An  order  of  revocation  or  suspension  or  a
26    certified copy thereof, over the seal of the  Department  and
27    purporting to be signed by the Director, shall be prima facie
28    proof that:
29             1.  the  Such  signature is the genuine signature of
30        the Director;.
31             2.  the That such Director  is  duly  appointed  and
32        qualified; and.
33             3.  That  the  Committee and the members thereof are
 
SB745 Engrossed             -912-              LRB9101253EGfg
 1        qualified to act.
 2    Such proof may be rebutted.
 3    (Source: P.A. 84-657; revised 10-14-98.)

 4        Section 149.  The Illinois Certified Shorthand  Reporters
 5    Act of 1984 is amended by changing Section 23.10 as follows:

 6        (225 ILCS 415/23.10) (from Ch. 111, par. 6233)
 7        Sec.  23.10.  Order or certified copy; prima facie proof.
 8    An order or a certified copy thereof, over the  seal  of  the
 9    Department and purporting to be signed by the Director, shall
10    be prima facie proof that: thereof and
11             (1)  That  the signature is the genuine signature of
12        the Director;
13             (2)  That  the  Director  is  duly   appointed   and
14        qualified; and
15             (3)  That  the  Board  and  the  members thereof are
16        qualified to act.
17    (Source: P.A. 83-73; revised 5-6-98.)

18        Section 150.  The Detection of Deception Examiners Act is
19    amended by changing Section 25 as follows:

20        (225 ILCS 430/25) (from Ch. 111, par. 2426)
21        Sec. 25. Order or certified copy; prima facie proof.   An
22    order  or  a  certified  copy  thereof,  over the seal of the
23    Department and purporting to be signed by the Director, shall
24    be prima facie proof that: thereof;
25             (a)  the  That  such  signature   is   the   genuine
26        signature of the Director;
27             (b)  the  That  such  Director is duly appointed and
28        qualified; and
29             (c)  That the Committee and the members thereof  are
30        qualified to act.
 
SB745 Engrossed             -913-              LRB9101253EGfg
 1    (Source: Laws 1963, p. 3300; revised 10-14-98.)

 2        Section  151.   The  Ferries  Act  is amended by changing
 3    Section 1 as follows:

 4        (225 ILCS 435/1) (from Ch. 121, par. 701)
 5        Sec. 1.  That No person shall establish, keep or use  any
 6    ferry  for  the conveyance or passage of persons or property,
 7    for profit or hire, unless he shall be licensed  as  directed
 8    by this Act, under the penalty of $5 for each day the same is
 9    maintained,  and  $3  for  each  person  and  each article of
10    property so conveyed, to be forfeited to the county in  which
11    the  ferry  is  situated.  This  Section  shall  not apply to
12    ferries heretofore established by law.
13    (Source: R.S. 1874, p. 530; revised 10-31-98.)

14        Section  152.   The  Private  Detective,  Private  Alarm,
15    Private Security, and Locksmith Act of  1993  is  amended  by
16    changing Sections 75 and 80 as follows:

17        (225 ILCS 446/75)
18        Sec.   75.  Qualifications   for   licensure  and  agency
19    certification.
20        (a)  Private Detective.  A person is qualified to receive
21    a license as a private detective if he or she  meets  all  of
22    the following requirements:
23             (1)  Is at least 21 years of age.
24             (2)  Has  not  been convicted in any jurisdiction of
25        any felony or at least 10 years  have  expired  from  the
26        time of discharge from any sentence imposed for a felony.
27             (3)  Is  of good moral character.  Good character is
28        a continuing requirement  of  licensure.   Conviction  of
29        crimes  not  listed in paragraph (2) of subsection (a) of
30        this Section may be used in determining moral  character,
 
SB745 Engrossed             -914-              LRB9101253EGfg
 1        but does not operate as an absolute bar to licensure.
 2             (4)  Has not been declared by any court of competent
 3        jurisdiction  to  be  incompetent  by reason of mental or
 4        physical defect or  disease  unless  a  court  has  since
 5        declared him or her to be competent.
 6             (5)  Is  not  suffering from habitual drunkenness or
 7        from narcotic addiction or dependence.
 8             (6)  Has a minimum of 3 years experience out of  the
 9        5  years  immediately  preceding  his  or her application
10        working full-time for a licensed private detective agency
11        as a registered private  detective  employee  or  with  3
12        years experience out of the 5 years immediately preceding
13        his   or   her   application   employed  as  a  full-time
14        investigator in a law enforcement agency of a federal  or
15        State  political  subdivision,  approved by the Board and
16        the Department;  or  an  applicant  who  has  obtained  a
17        baccalaureate degree in police science or a related field
18        or  a  business  degree  from  an  accredited  college or
19        university shall be given credit for 2  of  the  3  years
20        experience required under this Section.  An applicant who
21        has  obtained  an associate degree in police science or a
22        related field or in business from an  accredited  college
23        or  university  shall  be  given  credit for one of the 3
24        years experience required under this Section.
25             (7)  Has not been dishonorably discharged  from  the
26        armed services of the United States.
27             (8)  Has    successfully   passed   an   examination
28        authorized  by  the  Department.  The  examination  shall
29        include subjects reasonably  related  to  the  activities
30        licensed  so  as  to  provide  for  the protection of the
31        health and safety of the public.
32             (9)  Has not violated Section 15, 20, or 25 of  this
33        Act, but this requirement does not operate as an absolute
34        bar to licensure.
 
SB745 Engrossed             -915-              LRB9101253EGfg
 1        It  is  the  responsibility  of  the  applicant to obtain
 2    liability  insurance  in  an   amount   and   coverage   type
 3    appropriate   as  determined  by  rule  for  the  applicant's
 4    individual  business  circumstances.   The  applicant   shall
 5    provide  evidence of insurance to the Department before being
 6    issued a license.  This insurance requirement is a continuing
 7    requirement for licensure.   Failure  to  maintain  insurance
 8    shall   result   in   cancellation  of  the  license  by  the
 9    Department.
10        (b)  Private security contractor.  A person is  qualified
11    to  receive  a license as a private security contractor if he
12    or she meets all of the following requirements:
13             (1)  Is at least 21 years of age.
14             (2)  Has not been convicted in any  jurisdiction  of
15        any  felony  or  at  least 10 years have expired from the
16        time of discharge from any sentence imposed for a felony.
17             (3)  Is  of  good  moral  character.    Good   moral
18        character  is  a  continuing  requirement  of  licensure.
19        Convictions  of  crimes  not  listed  in paragraph (2) of
20        subsection (b) of this Section may be used in determining
21        moral character, but do not operate as an absolute bar to
22        licensure.
23             (4)  Has not been declared by any court of competent
24        jurisdiction to be incompetent by  reason  of  mental  or
25        physical  defect  or  disease  unless  a  court has since
26        declared him or her to be competent.
27             (5)  Is not suffering from habitual  drunkenness  or
28        from narcotic addiction or dependence.
29             (6)  Has  a minimum of 3 years experience out of the
30        5 years immediately preceding his or her application as a
31        full-time manager or administrator for a licensed private
32        security contractor agency or a manager or  administrator
33        of  a  proprietary  security  force of 30 or more persons
34        registered  with  the  Department,  or   with   3   years
 
SB745 Engrossed             -916-              LRB9101253EGfg
 1        experience  out  of the 5 years immediately preceding his
 2        or her application as a full-time  supervisor  in  a  law
 3        enforcement  agency  of  a  federal  or  State  political
 4        subdivision, approved by the Board and the Department; or
 5        an  applicant  who has obtained a baccalaureate degree in
 6        police science or a related field or  a  business  degree
 7        from  an  accredited college or university shall be given
 8        credit for 2 of the 3  years  experience  required  under
 9        this Section.  An applicant who has obtained an associate
10        degree  in  police  science  or  a  related  field  or in
11        business from an accredited college or  university  shall
12        be  given  credit  for  one  of  the  3  years experience
13        required under this Section.
14             (7)  Has not been dishonorably discharged  from  the
15        armed services of the United States.
16             (8)  Has    successfully   passed   an   examination
17        authorized  by  the  Department.  The  examination  shall
18        include subjects reasonably  related  to  the  activities
19        licensed  so  as  to  provide  for  the protection of the
20        health and safety of the public.
21             (9)  Has not violated Section 15, 20, or 25 of  this
22        Act, but this requirement does not operate as an absolute
23        bar to licensure.
24        (10)  It is the responsibility of the applicant to obtain
25    liability  insurance  in amount and coverage type appropriate
26    as determined by rule for the applicant's individual business
27    circumstances.   The  applicant  shall  provide  evidence  of
28    insurance to the Department before being  issued  a  license.
29    This  insurance  requirement  is a continuing requirement for
30    licensure.  Failure to maintain  insurance  shall  result  in
31    cancellation of the license by the Department.
32        (c)  Private  alarm contractor.  A person is qualified to
33    receive a license as a private alarm contractor if he or  she
34    meets all of the following requirements:
 
SB745 Engrossed             -917-              LRB9101253EGfg
 1             (1)  Is at least 21 years of age.
 2             (2)  Has  not  been convicted in any jurisdiction of
 3        any felony or at least 10 years  have  expired  from  the
 4        time of discharge from any sentence imposed for a felony.
 5             (3)  Is   of   good  moral  character.   Good  moral
 6        character  is  a  continuing  requirement  of  licensure.
 7        Convictions of crimes not  listed  in  paragraph  (2)  of
 8        subsection (c) of this Section may be used in determining
 9        moral character, but do not operate as an absolute bar to
10        licensure.
11             (4)  Has not been declared by any court of competent
12        jurisdiction  to  be  incompetent  by reason of mental or
13        physical defect or  disease  unless  a  court  has  since
14        declared him or her to be competent.
15             (5)  Is  not  suffering from habitual drunkenness or
16        from narcotic addiction or dependence.
17             (6)  Has not been dishonorably discharged  from  the
18        armed services of the United States.
19             (7)  Has  a minimum of 3 years experience out of the
20        5 years immediately preceding application as a full  time
21        manager  or  administrator  for  an  agency licensed as a
22        private alarm contractor agency, or for  an  entity  that
23        designs,  sells,  installs,  services,  or monitors alarm
24        systems which in the  judgment  of  the  Board  satisfies
25        standards of alarm industry competence. An individual who
26        has received a 4 year degree in electrical engineering or
27        a  related  field  from  a  program approved by the Board
28        shall be given credit for 2  years  of  experience  under
29        this  item  (7).   An  individual  who  has  successfully
30        completed  a  national  certification program approved by
31        the  Board  shall  be  given  credit  for  one  year   of
32        experience under this item (7).
33             (8)  Has    successfully   passed   an   examination
34        authorized by the  Department.    The  examination  shall
 
SB745 Engrossed             -918-              LRB9101253EGfg
 1        include  subjects  reasonably  related  to the activities
 2        licensed so as to  provide  for  the  protection  of  the
 3        health and safety of the public.
 4             (9)  Has  not violated Section 15, 20, or 25 of this
 5        Act, but this requirement does not operate as an absolute
 6        bar to licensure.
 7        (10)  It is the responsibility of the applicant to obtain
 8    liability  insurance  in  an   amount   and   coverage   type
 9    appropriate   as  determined  by  rule  for  the  applicant's
10    individual  business  circumstances.   The  applicant   shall
11    provide  evidence of insurance to the Department before being
12    issued a license.  This insurance requirement is a continuing
13    requirement for licensure.   Failure  to  maintain  insurance
14    shall   result   in   cancellation  of  the  license  by  the
15    Department.
16        Alternatively, a person is qualified to receive a license
17    as  a  private   alarm   contractor   without   meeting   the
18    requirements  of  items (7), (8), and (9) of this subsection,
19    if he or she:
20             (i)  applies for a license between September 1, 1998
21        and September 15, 1998, in writing, on forms supplied  by
22        the Department;
23             (ii)  provides  proof  to  the Department that he or
24        she was engaged in the alarm contracting business  on  or
25        before January 1, 1984;
26             (iii)  submits  the photographs, fingerprints, proof
27        of insurance, and current license  fee  required  by  the
28        Department; and
29             (iv)  has not violated Section 25 of this Act.
30        (d)  Locksmith.   A  person  is  qualified  to  receive a
31    license as a  locksmith  if  he  or  she  meets  all  of  the
32    following requirements:
33             (1)  Is at least 18 years of age.
34             (2)  Has  not violated any provisions of Section 120
 
SB745 Engrossed             -919-              LRB9101253EGfg
 1        of this Act.
 2             (3)  Has not been convicted in any  jurisdiction  of
 3        any  felony  or  at  least 10 years have expired from the
 4        time of discharge from any sentence imposed for a felony.
 5             (4)  Is  of  good  moral  character.    Good   moral
 6        character  is  a  continuing  requirement  of  licensure.
 7        Convictions  of  crimes  not  listed  in paragraph (3) of
 8        subsection (d) of this Section may be used in determining
 9        moral character, but do not operate as an absolute bar to
10        licensure.
11             (5)  Has not been declared by any court of competent
12        jurisdiction to be incompetent by  reason  of  mental  or
13        physical  defect  or  disease  unless  a  court has since
14        declared him or her to be competent.
15             (6)  Is not suffering from habitual  drunkenness  or
16        from narcotic addiction or dependence.
17             (7)  Has  not  been dishonorably discharged from the
18        armed services of the United States.
19             (8)  Has passed an  examination  authorized  by  the
20        Department in the theory and practice of the profession.
21             (9)  Has   submitted  to  the  Department  proof  of
22        insurance  sufficient  for  the   individual's   business
23        circumstances.   The  Department,  with  input  from  the
24        Board,   shall   promulgate   rules   specifying  minimum
25        insurance requirements.  This insurance requirement is  a
26        continuing   requirement   for   licensure.   Failure  to
27        maintain insurance shall result in  the  cancellation  of
28        the license by the Department.  A locksmith employed by a
29        licensed  locksmith  agency  or  employed  by  a  private
30        concern  may  provide  proof that his or her actions as a
31        locksmith are covered by the  insurance  of  his  or  her
32        employer.
33        (e)  Private  detective  agency.   Upon  payment  of  the
34    required  fee  and  proof  that the applicant has a full-time
 
SB745 Engrossed             -920-              LRB9101253EGfg
 1    Illinois licensed private detective in  charge,  which  is  a
 2    continuing   requirement   for   agency   certification,  the
 3    Department shall issue, without examination, a certificate as
 4    a private detective agency to any of the following:
 5             (1)  An individual who  submits  an  application  in
 6        writing  and  who  is  a licensed private detective under
 7        this Act.
 8             (2)  A  firm  or   association   that   submits   an
 9        application in writing and all of the members of the firm
10        or association are licensed private detectives under this
11        Act.
12             (3)  A  duly  incorporated or registered corporation
13        allowed to do business in Illinois that is authorized  by
14        its  articles  of incorporation to engage in the business
15        of conducting a detective agency, provided at  least  one
16        officer  or  executive  employee is licensed as a private
17        detective under this Act and all unlicensed officers  and
18        directors  of  the  corporation  are  determined  by  the
19        Department to be persons of good moral character.
20        No  private  detective  may  be  the private detective in
21    charge for more than one agency except for an individual who,
22    on the effective date of this Act, is currently and  actively
23    a licensee for more than one agency.  Upon written request by
24    a  representative  of an agency within 10 days after the loss
25    of a licensee in charge of an agency because of the death  of
26    that individual or because of an unanticipated termination of
27    the employment of that individual, the Department shall issue
28    a  temporary  permit  allowing  the continuing operation of a
29    previously licensed agency.  No  temporary  permit  shall  be
30    valid  for  more than 90 days.  An extension of an additional
31    90 days may be granted by the Department for good cause shown
32    upon written request by the representative of the agency.  No
33    more than 2 extensions may be granted  to  any  agency.    No
34    temporary  permit  shall  be  issued  for  the  loss  of  the
 
SB745 Engrossed             -921-              LRB9101253EGfg
 1    detective  in  charge  because  of disciplinary action by the
 2    Department.
 3        (f)  Private alarm contractor agency.   Upon  receipt  of
 4    the required fee and proof that the applicant has a full-time
 5    Illinois  licensed  private alarm contractor in charge, which
 6    is a continuing requirement  for  agency  certification,  the
 7    Department shall issue, without examination, a certificate as
 8    a private alarm contractor agency to any of the following:
 9             (1)  An  individual  who  submits  an application in
10        writing and who is a licensed  private  alarm  contractor
11        under this Act.
12             (2)  A   firm   or   association   that  submits  an
13        application in writing that all of  the  members  of  the
14        firm   or   association   are   licensed   private  alarm
15        contractors under this Act.
16             (3)  A duly incorporated or  registered  corporation
17        allowed  to do business in Illinois that is authorized by
18        its articles of incorporation to engage in  the  business
19        of conducting a private alarm contractor agency, provided
20        at least one officer or executive employee is licensed as
21        a  private  alarm  contractor  under  this  Act  and  all
22        unlicensed  officers and directors of the corporation are
23        determined by the Department to be persons of good  moral
24        character.
25        No  private  alarm  contractor  may  be the private alarm
26    contractor in charge for more than one agency except for  any
27    individual  who,  on  the  effective  date  of  this  Act, is
28    currently and actively a licensee for more than  one  agency.
29    Upon  written request by a representative of an agency within
30    10 days after the loss of a licensed private alarm contractor
31    in  charge  of  an  agency  because  of  the  death  of  that
32    individual or because of the unanticipated termination of the
33    employment of that individual, the Department shall  issue  a
34    temporary  permit  allowing  the  continuing  operation  of a
 
SB745 Engrossed             -922-              LRB9101253EGfg
 1    previously licensed agency.  No  temporary  permit  shall  be
 2    valid  for  more than 90 days.  An extension of an additional
 3    90 days may be granted by the Department for good cause shown
 4    and upon written request by the representative of the agency.
 5    No more than 2 extensions may be granted to any  agency.   No
 6    temporary permit shall be issued for the loss of the licensee
 7    in charge because of disciplinary action by the Department.
 8        (g)  Private security contractor agency.  Upon receipt of
 9    the required fee and proof that the applicant has a full-time
10    Illinois  licensed  private  security  contractor  in charge,
11    which is continuing requirement for agency certification, the
12    Department shall issue, without examination, a certificate as
13    a private security contractor agency to any of the following:
14             (1)  An individual who  submits  an  application  in
15        writing and who is a licensed private security contractor
16        under this Act.
17             (2)  A   firm   or   association   that  submits  an
18        application in  writing  that  all  of  the  members  are
19        licensed private security contractors under this Act.
20             (3)  A  duly  incorporated or registered corporation
21        allowed to do business in Illinois that is authorized  by
22        its  articles  of incorporation to engage in the business
23        of  conducting  a  private  security  contractor  agency,
24        provided at least one officer or  executive  employee  is
25        licensed  as a private security contractor under this Act
26        and  all  unlicensed  officers  and  directors   of   the
27        corporation  are  determined  by  the  Department  to  be
28        persons of good moral character.
29        No   private  security  contractor  may  be  the  private
30    security contractor in charge for more than one agency except
31    for any individual who, on the effective date of this Act, is
32    currently and actively a licensee for more than  one  agency.
33    Upon written request by a representative of the agency within
34    10  days  after the loss of a licensee in charge of an agency
 
SB745 Engrossed             -923-              LRB9101253EGfg
 1    because of the death of that individual  or  because  of  the
 2    unanticipated   termination   of   the   employment  of  that
 3    individual, the Department shall  issue  a  temporary  permit
 4    allowing  the  continuing  operation of a previously licensed
 5    agency.  No temporary permit shall be valid for more than  90
 6    days.   An  extension of an additional 90 days may be granted
 7    upon written request by the representative of the agency.  No
 8    more than 2 extensions may be  granted  to  any  agency.   No
 9    temporary permit shall be issued for the loss of the licensee
10    in charge because of disciplinary action by the Department.
11        (h)  Licensed  locksmith  agency.   Upon  receipt  of the
12    required fee and proof that  the  applicant  is  an  Illinois
13    licensed  locksmith  who shall assume full responsibility for
14    the operation of the agency and the directed actions  of  the
15    agency's  employees,  which  is  a continuing requirement for
16    agency  licensure,  the  Department  shall   issue,   without
17    examination,  a  certificate  as a Locksmith Agency to any of
18    the following:
19             (1)  An individual who  submits  an  application  in
20        writing and who is a licensed locksmith under this Act.
21             (2)  A   firm   or   association   that  submits  an
22        application in writing and  certifies  that  all  of  the
23        members   of   the   firm  or  association  are  licensed
24        locksmiths under this Act.
25             (3)  A duly incorporated or  registered  corporation
26        or  limited  liability  company allowed to do business in
27        Illinois  that  is  authorized   by   its   articles   of
28        incorporation  or  organization to engage in the business
29        of conducting a locksmith agency, provided that at  least
30        one officer or executive employee of a corporation or one
31        member  of  a  limited liability company is licensed as a
32        locksmith under this Act, and provided that person agrees
33        in writing on a form  acceptable  to  the  Department  to
34        assume  full  responsibility  for  the  operation  of the
 
SB745 Engrossed             -924-              LRB9101253EGfg
 1        agency  and  the  directed  actions   of   the   agency's
 2        employees,  and  further  provided  that  all  unlicensed
 3        officers  and  directors of the corporation or members of
 4        the limited  liability  company  are  determined  by  the
 5        Department to be persons of good moral character.
 6        An   individual  licensed  locksmith  operating  under  a
 7    business name other than the licensed  locksmith's  own  name
 8    shall not be required to obtain a locksmith agency license if
 9    that licensed locksmith does not employ any persons to engage
10    in the practice of locksmithing.
11        An  applicant  for  licensure as a locksmith agency shall
12    submit to the Department proof of  insurance  sufficient  for
13    the  agency's  business  circumstances.  The Department shall
14    promulgate rules specifying minimum  insurance  requirements.
15    This  insurance  requirement  is a continuing requirement for
16    licensure.
17        No licensed  locksmith  may  be  the  licensed  locksmith
18    responsible  for the operation of more than one agency except
19    for any individual who submits proof to the Department  that,
20    on  the  effective date of this amendatory Act of 1995, he or
21    she is actively responsible for the operations of  more  than
22    one  agency.   A  licensed  private  alarm  contractor who is
23    responsible for the operation of  a  licensed  private  alarm
24    contractor agency and who is a licensed locksmith may also be
25    the  licensed  locksmith  responsible  for the operation of a
26    locksmith agency.
27        Upon written request by a  representative  of  an  agency
28    within  10  days  after  the  loss  of a responsible licensed
29    locksmith  of  an  agency,  because  of  the  death  of  that
30    individual or because of the unanticipated termination of the
31    employment of that individual, the Department shall  issue  a
32    temporary  permit  allowing  the  continuing  operation  of a
33    previously licensed locksmith agency.   No  temporary  permit
34    shall  be  valid  for more than 90 days.  An extension for an
 
SB745 Engrossed             -925-              LRB9101253EGfg
 1    additional 90 days may be granted by the Department for  good
 2    cause  shown  and upon written request by a representative of
 3    the agency.  No more than 2 extensions may be granted to  any
 4    agency.   No  temporary  permit shall be issued to any agency
 5    due to the loss  of  the  responsible  locksmith  because  of
 6    disciplinary action by the Department.
 7        (i)  Proprietary   Security  Force.   All  commercial  or
 8    industrial operations that employ 5 or more persons as  armed
 9    security  guards  and  all financial institutions that employ
10    armed security guards shall register  their  security  forces
11    with the Department on forms provided by the Department.
12        All  armed  security  guard  employees  of the registered
13    proprietary security force shall be required  to  complete  a
14    20-hour  basic  training  course and 20-hour firearm training
15    course in accordance with administrative rules.
16        Each proprietary security  force  shall  be  required  to
17    apply to the Department, on forms supplied by the Department,
18    for   the  issuance  of  a  firearm  authorization  card,  in
19    accordance with administrative rules, for each armed employee
20    of the security force.
21        The   Department   shall   prescribe   rules   for    the
22    administration of this Section.
23        (j)  Any licensed agency that operates a branch office as
24    defined in this Act shall apply for a branch office license.
25    (Source:  P.A.  89-85,  eff.  1-1-96;  89-366,  eff.  1-1-96;
26    89-626,  eff.  8-9-96;  90-436,  eff.  1-1-98;  90-580,  eff.
27    5-21-98; 90-602, eff. 6-26-98; revised 9-16-98.)

28        (225 ILCS 446/80)
29        Sec.  80.  Employee  requirements.   All  employees  of a
30    licensed agency, other than those exempted, shall apply for a
31    Permanent Employee  Registration  Card.   The  holder  of  an
32    agency  certificate  issued under this Act, known in this Act
33    as "employer", may employ  in  the  conduct  of  his  or  her
 
SB745 Engrossed             -926-              LRB9101253EGfg
 1    business employees under the following provisions:
 2        (a)  No  person  shall  be  issued  a  permanent employee
 3    registration card who:
 4             (1)  Is under 18 years of age.
 5             (2)  Is under 21 years of age if the  services  will
 6        include being armed.
 7             (3)  Has  been  determined  by  the Department to be
 8        unfit by reason of conviction of an offense  in  this  or
 9        another  state,  other than a minor traffic offense.  The
10        Department shall promulgate rules for procedures by which
11        those circumstances shall be determined and  that  afford
12        the applicant due process of law.
13             (4)  Has   had   a  license  or  permanent  employee
14        registration card refused, denied, suspended, or  revoked
15        under this Act.
16             (5)  Has  been  declared incompetent by any court of
17        competent jurisdiction by reason  of  mental  disease  or
18        defect and has not been restored.
19             (6)  Has been dishonorably discharged from the armed
20        services of the United States.
21        (b)  No  person  may  be  employed by a private detective
22    agency, private security contractor agency, or private  alarm
23    contractor  agency,  or  locksmith  agency under this Section
24    until he or she has executed and furnished to  the  employer,
25    on forms furnished by the Department, a verified statement to
26    be known as "Employee's Statement" setting forth:
27             (1)  The  person's  full  name,  age,  and residence
28        address.
29             (2)  The business or occupation engaged in for the 5
30        years immediately before the date of the execution of the
31        statement, the place where the business or occupation was
32        engaged in, and the names of employers, if any.
33             (3)  That the  person  has  not  had  a  license  or
34        employee  registration  refused,  revoked,  or  suspended
 
SB745 Engrossed             -927-              LRB9101253EGfg
 1        under this Act.
 2             (4)  Any conviction of a felony or misdemeanor.
 3             (5)  Any  declaration  of incompetency by a court of
 4        competent jurisdiction that has not been restored.
 5             (6)  Any  dishonorable  discharge  from  the   armed
 6        services of the United States.
 7             (7)  Any other information as may be required by any
 8        rule  of  the  Department  to  show  the  good character,
 9        competency, and integrity of  the  person  executing  the
10        statement.
11        (c)  Each applicant for a permanent employee registration
12    card shall submit to the Department with the applicable fees,
13    on  fingerprint cards furnished by the Department, 2 complete
14    sets of fingerprints that are verified to  be  those  of  the
15    applicant.   If an applicant's fingerprint cards are returned
16    to the Department as unclassifiable by the screening  agency,
17    the  applicant  has 90 days after notification is sent by the
18    Department to submit additional fingerprint cards taken by  a
19    different    technician   to   replace   the   unclassifiable
20    fingerprint cards.
21        The  Department  shall  notify  the  submitting  licensed
22    agency within 10 days if the  applicant's  fingerprint  cards
23    are  returned  to the Department as unclassifiable.  However,
24    instead of submitting fingerprint cards,  an  individual  may
25    submit  proof  that is satisfactory to the Department that an
26    equivalent security clearance has been  conducted.   Also,  a
27    full-time peace officer or an individual who has retired as a
28    peace  officer  within  12  months  of application may submit
29    verification, on forms provided by the Department and  signed
30    by  one's  employer,  of his or her full-time employment as a
31    peace officer.  "Peace  officer"  means  any  person  who  by
32    virtue of his or her office or public employment is vested by
33    law  with  a duty to maintain public order or to make arrests
34    for offenses, whether that duty extends to all offenses or is
 
SB745 Engrossed             -928-              LRB9101253EGfg
 1    limited to specific offenses; officers, agents, or  employees
 2    of  the federal government commissioned by federal statute to
 3    make arrests for violations  of  federal  criminal  laws  are
 4    considered peace officers.
 5        (d)  Upon  receipt of the verified fingerprint cards, the
 6    Department shall cause the fingerprints to be  compared  with
 7    fingerprints  of  criminals  now  or hereafter filed with the
 8    Illinois Department of State Police.  The Department may also
 9    cause the fingerprints to be checked against the fingerprints
10    of criminals now or hereafter filed in the records  of  other
11    official fingerprint files within or without this State.  The
12    Department  shall  issue  a  permanent  employee registration
13    card, in a form the Department prescribes, to  all  qualified
14    applicants.   The  Department  shall  notify  the  submitting
15    licensed agency within 10 days upon the issuance of or intent
16    to deny the permanent employee registration card.  The holder
17    of  a  permanent  employee  registration card shall carry the
18    card at all times while actually engaged in  the  performance
19    of  the  duties  of  his  or  her employment.  Expiration and
20    requirements for renewal of permanent  employee  registration
21    cards  shall  be  established  by  rule  of  the  Department.
22    Possession of a permanent employee registration card does not
23    in  any  way imply that the holder of the card is employed by
24    an agency unless the permanent employee registration card  is
25    accompanied  by  the employee identification card required by
26    subsection (g) of this Section.
27        (e)  Within 5 days of  the  receipt  of  the  application
28    materials,  the  Department  shall institute an investigation
29    for a criminal record by checking the applicant's  name  with
30    immediately available criminal history information systems.
31        (f)  Each  employer  shall  maintain  a  record  of  each
32    employee   that   is   accessible   to  the  duly  authorized
33    representatives of the Department.  The record shall  contain
34    the following information:
 
SB745 Engrossed             -929-              LRB9101253EGfg
 1             (1)  A  photograph  taken within 10 days of the date
 2        that the employee begins employment  with  the  employer.
 3        The   photograph   shall   be  replaced  with  a  current
 4        photograph every 3 calendar years.
 5             (2)  The   employee's   statement    specified    in
 6        subsection (b) of this Section.
 7             (3)  All correspondence or documents relating to the
 8        character  and  integrity of the employee received by the
 9        employer from any  official  source  or  law  enforcement
10        agency.
11             (4)  In  the  case of former employees, the employee
12        identification  card  of   that   person   issued   under
13        subsection (g) of this Section.
14        (5)  Each employee record shall duly note if the employee
15    is employed in an armed capacity.  Armed employee files shall
16    contain  a  copy  of  an active Firearm Owners Identification
17    Card and a copy of an active Firearm Authorization Card.
18        (6)  Each employer shall maintain a record for each armed
19    employee of each instance in which the employee's weapon  was
20    discharged  during  the  course  of  his  or her professional
21    duties or activities.  The  record  shall  be  maintained  on
22    forms  provided  by  the  Department, a copy of which must be
23    filed with the Department within 15 days of an instance.  The
24    record shall include the date and time of the occurrence, the
25    circumstances involved  in  the  occurrence,  and  any  other
26    information  as  the  Department  may  require.   Failure  to
27    provide  this  information  to  the  Department or failure to
28    maintain the record  as  a  part  of  each  armed  employee's
29    permanent  file  is  grounds  for  disciplinary  action.  The
30    Department,  upon  receipt  of  a  report,  shall  have   the
31    authority  to make any investigation it considers appropriate
32    into  any  occurrence  in  which  an  employee's  weapon  was
33    discharged  and  to  take  disciplinary  action  as  may   be
34    appropriate.
 
SB745 Engrossed             -930-              LRB9101253EGfg
 1        (7)  The  Department  may,  by  rule,  prescribe  further
 2    record requirements.
 3        (g)  Every    employer    shall   furnish   an   employee
 4    identification card to each of his or  her  employees.   This
 5    employee   identification   card   shall   contain  a  recent
 6    photograph of the employee, the employee's name, the name and
 7    agency certification number of the employer,  the  employee's
 8    personal  description,  the  signature  of  the employer, the
 9    signature of that employee, the  date  of  issuance,  and  an
10    employee identification card number.
11        (h)  No  employer  may  issue  an employee identification
12    card to any person who is not employed  by  the  employer  in
13    accordance  with  this  Section or falsely state or represent
14    that a person is or has been in his or  her  employ.   It  is
15    unlawful  for  an applicant for registered employment to file
16    with the Department the fingerprints of a person  other  than
17    himself  or  herself, or to fail to exercise due diligence in
18    resubmitting replacement fingerprints for those employees who
19    have  had  original  fingerprint  submissions   returned   as
20    unclassifiable.
21        (i)  Every  employer shall obtain the identification card
22    of every employee who terminates employment with him or her.
23        (j)  Every employer shall maintain a separate  roster  of
24    the  names  of  all  employees  currently working in an armed
25    capacity and submit the roster to the Department on request.
26        (k)  No agency may  employ  any  person  under  this  Act
27    unless:
28             (1)  The person possesses a valid permanent employee
29        registration card; or
30             (2)  The agency:
31                  (i)  on  behalf of each person completes in its
32             entirety  and   submits   to   the   Department   an
33             application  for  a  permanent employee registration
34             card, including the required  fingerprint  card  and
 
SB745 Engrossed             -931-              LRB9101253EGfg
 1             fees;
 2                  (ii)  exercises  due  diligence  to ensure that
 3             the person is qualified under  the  requirements  of
 4             the   Act   to   be   issued  a  permanent  employee
 5             registration card; and
 6                  (iii)  maintains a separate roster of the names
 7             of all employees whose  applications  are  currently
 8             pending  with  the Department and submits the roster
 9             to the Department on a monthly basis.   Rosters  are
10             to  be  maintained  by the agency for a period of at
11             least 24 months.
12        (l)  Failure by an  agency  to  submit  the  application,
13    fees,  and  fingerprints  specified  in  this  Section before
14    scheduling the person for work shall result in a fine, in  an
15    amount  up  to  $1,000,  or  other  disciplinary action being
16    imposed against the agency.  Failure to maintain  and  submit
17    the  specified  rosters  is grounds for discipline under this
18    Act.
19        (m)  No person may be employed under this Section in  any
20    capacity if:
21             (i)  The  person  while so employed is being paid by
22        the United States or any political  subdivision  for  the
23        time  so  employed  in addition to any payments he or she
24        may receive from the employer.
25             (ii)  The person wears any portion  of  his  or  her
26        official uniform, emblem of authority, or equipment while
27        so employed except as provided in Section 30.
28        (n)  If   information   is   discovered   affecting   the
29    registration  of  a  person whose fingerprints were submitted
30    under this Section, the Department shall so notify the agency
31    that submitted the fingerprints on behalf of that person.
32    (Source: P.A. 88-363; 89-366, eff. 1-1-96; revised 10-31-98.)

33        Section 153.   The  Illinois  Public  Accounting  Act  is
 
SB745 Engrossed             -932-              LRB9101253EGfg
 1    amended by changing Section 21 as follows:

 2        (225 ILCS 450/21) (from Ch. 111, par. 5527)
 3        Sec.  21. Judicial review; cost of record; order as prima
 4    facie proof.
 5        (a)  All final administrative decisions of the Department
 6    hereunder shall be subject to judicial review pursuant to the
 7    provisions  of  the  Administrative  Review  Law,   and   all
 8    amendments  and  modifications thereof, and the rules adopted
 9    pursuant thereto.   The  term  "administrative  decision"  is
10    defined as in Section 3-101 of the Code of Civil Procedure.
11        Such  Proceedings  for judicial review shall be commenced
12    in the Circuit  Court  of  the  county  in  which  the  party
13    applying  for review resides; provided, that if such party is
14    not a resident of this State, the venue shall be in  Sangamon
15    County.
16        (b)  The  Department shall not be required to certify any
17    record to the court or file any answer in court or  otherwise
18    appear  in  any court in a judicial review proceeding, unless
19    there is filed in the court with the complaint a receipt from
20    the  Department  acknowledging  payment  of  the   costs   of
21    furnishing  and  certifying  the record, which costs shall be
22    established by the Department.   Exhibits  Exhibit  shall  be
23    certified without cost.  Failure on the part of the plaintiff
24    to  file such receipt in court shall be grounds for dismissal
25    of the action.
26        (c)  An order of disciplinary action or a certified  copy
27    thereof, over the seal of the Department and purporting to be
28    signed  by  the Director, thereof shall be prima facie proof,
29    subject to being rebutted, that:
30             (1)  the (a) Such signature is the genuine signature
31        of the Director;
32             (2)  the (b) That such Director  is  duly  appointed
33        and qualified; and
 
SB745 Engrossed             -933-              LRB9101253EGfg
 1             (3)  (c)  That the Committee and the members thereof
 2        are qualified to act.
 3    (Source: P.A. 83-291; revised 5-6-98.)

 4        Section 154.  The Real Estate  License  Act  of  1983  is
 5    amended by changing Section 18 as follows:

 6        (225 ILCS 455/18) (from Ch. 111, par. 5818)
 7        Sec.  18.  The Office of Banks and Real Estate may refuse
 8    to issue or renew a license, may place on probation,  suspend
 9    or  revoke  any  license,  or may reprimand or impose a civil
10    penalty not to exceed $10,000 upon any licensee hereunder for
11    any one or any combination of the following causes:
12        (a)  Where the applicant or licensee  has,  by  false  or
13    fraudulent  representation,  obtained  or  sought to obtain a
14    license.
15        (b)  Where the applicant or licensee has  been  convicted
16    of  any crime, an essential element of which is dishonesty or
17    fraud or larceny, embezzlement, obtaining money, property  or
18    credit  by  false pretenses or by means of a confidence game,
19    has been convicted in this or another state of a crime  which
20    is  a  felony  under  the  laws  of  this  State  or has been
21    convicted of a felony in a federal court.
22        (c)  Where the applicant or licensee has been adjudged to
23    be a person under legal disability or subject to  involuntary
24    admission  or  to meet the standard for judicial admission as
25    provided in the Mental Health and Developmental  Disabilities
26    Code, as now or hereafter amended.
27        (d)  Where  the  licensee performs or attempts to perform
28    any act  as  a  broker  or  salesperson  in  a  retail  sales
29    establishment,  from  an  office,  desk  or space that is not
30    separated from the main retail business  by  a  separate  and
31    distinct area within such establishment.
32        (e)  Discipline   by   another  state,  the  District  of
 
SB745 Engrossed             -934-              LRB9101253EGfg
 1    Columbia, territory, or foreign nation of a  licensee  if  at
 2    least  one  of the grounds for that discipline is the same as
 3    or the equivalent of one of the grounds  for  discipline  set
 4    forth in this Act.
 5        (f)  Where  the applicant or licensee has engaged in real
 6    estate activity without a license, or  after  the  licensee's
 7    license was expired, or while the license was inoperative.
 8        (g)  Where  the applicant or licensee attempts to subvert
 9    or cheat on the Real Estate License Exam, or aids  and  abets
10    an  applicant  to subvert or cheat on the Real Estate License
11    Exam administered pursuant to this Act.
12        (h)  Where the licensee in performing  or  attempting  to
13    perform  or  pretending  to  perform  any  act as a broker or
14    salesperson, or where such  licensee,  in  handling  his  own
15    property,  whether  held  by  deed,  option, or otherwise, is
16    found guilty of:
17             1.  Making  any  substantial  misrepresentation,  or
18        untruthful advertising.;
19             2.  Making any false promises of a character  likely
20        to influence, persuade, or induce.;
21             3.  Pursuing  a  continued  and  flagrant  course of
22        misrepresentation or the making of false promises through
23        agents, salespersons or advertising or otherwise.;
24             4.  Any misleading  or  untruthful  advertising,  or
25        using  any  trade  name  or insignia of membership in any
26        real estate organization of which the licensee is  not  a
27        member.;
28             5.  Acting  for more than one party in a transaction
29        without providing written notice to all parties for  whom
30        the licensee acts.;
31             6.  Representing or attempting to represent a broker
32        other than the employer.;
33             7.  Failure to account for or to remit any moneys or
34        documents  coming  into  their possession which belong to
 
SB745 Engrossed             -935-              LRB9101253EGfg
 1        others.;
 2             8.  Failure to maintain and  deposit  in  a  special
 3        account,  separate  and  apart  from  personal  and other
 4        business accounts, all escrow monies belonging to  others
 5        entrusted  to  a  licensee  while acting as a real estate
 6        broker, escrow agent, or temporary custodian of the funds
 7        of others, or failure to maintain all  escrow  monies  on
 8        deposit  in  such  account  until  the  transactions  are
 9        consummated or terminated, except to the extent that such
10        monies,  or any part thereof, shall be disbursed prior to
11        the consummation or termination in  accordance  with  (i)
12        the   written   direction   of   the  principals  to  the
13        transaction or their  duly  authorized  agents,  or  (ii)
14        directions   providing   for  the  release,  payment,  or
15        distribution of escrow monies contained  in  any  written
16        contract  signed  by the principals to the transaction or
17        their duly authorized  agents.   Such  account  shall  be
18        noninterest  bearing, unless the character of the deposit
19        is such that payment of  interest  thereon  is  otherwise
20        required   by   law  or  unless  the  principals  to  the
21        transaction specifically require, in  writing,  that  the
22        deposit be placed in an interest bearing account.;
23             9.  Failure  to  make  available  to the real estate
24        enforcement personnel of the Office  of  Banks  and  Real
25        Estate  during  normal  business hours all escrow records
26        and related documents maintained in connection  with  the
27        practice of real estate.;
28             10.  Failing  to  furnish copies upon request of all
29        documents relating to a real estate  transaction  to  all
30        parties executing them.;
31             11.  Paying  a  commission or valuable consideration
32        to any person for acts or services performed in violation
33        of this Act.;
34             12.  Having     demonstrated     unworthiness     or
 
SB745 Engrossed             -936-              LRB9101253EGfg
 1        incompetency to act as a broker or  salesperson  in  such
 2        manner as to endanger the interest of the public.;
 3             13.  Commingling  the  money  or  property of others
 4        with his own.;
 5             14.  Employing any person on a purely  temporary  or
 6        single deal basis as a means of evading the law regarding
 7        payment   of   commission   to   nonlicensees   on   some
 8        contemplated transactions.;
 9             15.  Permitting  the  use of his license as a broker
10        to enable a salesperson or unlicensed person to operate a
11        real estate business without actual participation therein
12        and control thereof by the broker.;
13             16.  Any other conduct, whether of  the  same  or  a
14        different  character  from that specified in this Section
15        which constitutes dishonest dealing.;
16             17.  Displaying a "for rent" or "for sale"  sign  on
17        any  property  without the written consent of an owner or
18        his duly authorized agent, or advertising  by  any  means
19        that  any  property  is  for sale or for rent without the
20        written consent of the owner or his authorized agent.;
21             18.  Failing to provide information requested by the
22        Office of Banks and Real Estate, within 30  days  of  the
23        request,  either  as  the  result of a formal or informal
24        complaint to the Office of Banks and Real Estate or as  a
25        result of a random audit conducted by the Office of Banks
26        and Real Estate, which would indicate a violation of this
27        Act.;
28             19.  Disregarding or violating any provision of this
29        Act, or the published rules or regulations promulgated by
30        the  Office of Banks and Real Estate to enforce this Act,
31        or  aiding  or  abetting  any  individual,   partnership,
32        limited liability company, or corporation in disregarding
33        any  provision  of  this  Act,  or the published rules or
34        regulations promulgated by the Office of Banks  and  Real
 
SB745 Engrossed             -937-              LRB9101253EGfg
 1        Estate to enforce this Act.;
 2             20.  Advertising    any   property   for   sale   or
 3        advertising any transaction  of  any  kind  or  character
 4        relating  to  the  sale  of property by whatsoever means,
 5        without clearly disclosing in or on such advertising  one
 6        of  the  following:   the name of the firm with which the
 7        licensee is associated, if a sole broker, evidence of the
 8        broker's occupation, or a name with respect to which  the
 9        broker  has complied with the requirements of the Assumed
10        Business Name Act "An Act in relation to the  use  of  an
11        assumed name in the conduct or transaction of business in
12        this  State", approved July 17, 1941, as amended, whether
13        such  advertising  is  done  by  the  broker  or  by  any
14        salesperson or broker employed by the broker.;
15             21.  "Offering "guaranteed sales plans"  as  defined
16        in subparagraph (A), except to the extent hereinafter set
17        forth:
18                  (A)  A  "guaranteed  sales  plan"  is  any real
19             estate purchase  or  sales  plan  whereby  a  broker
20             enters  into  a conditional or unconditional written
21             contract with a seller  by  the  terms  of  which  a
22             broker  agrees  to purchase a property of the seller
23             within a specified period  of  time  at  a  specific
24             price  in  the  event  the  property  is not sold in
25             accordance with the  terms  of  a  listing  contract
26             between  the broker and the seller or on other terms
27             acceptable to the seller.;
28                  (B)  A  broker  offering  a  "guaranteed  sales
29             plan" shall provide the details  and  conditions  of
30             such  plan  in writing to the party to whom the plan
31             is offered.;
32                  (C)  A  broker  offering  a  "guaranteed  sales
33             plan" shall provide to the party to whom the plan is
34             offered, evidence of sufficient financial  resources
 
SB745 Engrossed             -938-              LRB9101253EGfg
 1             to  satisfy the commitment to purchase undertaken by
 2             the broker in the plan.;
 3                  (D)  Any broker offering  a  "guaranteed  sales
 4             plan"  shall undertake to market the property of the
 5             seller subject to the plan in  the  same  manner  in
 6             which  the  broker  would market any other property,
 7             unless  such  agreement  with  the  seller  provides
 8             otherwise.;
 9                  (E)  Any broker  who  fails  to  perform  on  a
10             "guaranteed  sales  plan"  in strict accordance with
11             its terms shall be  subject  to  all  the  penalties
12             provided in this Act for violations thereof, and, in
13             addition,  shall  be  subject  to  a  civil  penalty
14             payable  to  the  party injured by the default in an
15             amount of up to $10,000.
16             22.  Influencing or attempting to  influence, by any
17        words or acts a prospective seller, purchaser,  occupant,
18        landlord  or  tenant  of  real estate, in connection with
19        viewing, buying or leasing  of  real  estate,  so  as  to
20        promote,   or   tend   to  promote,  the  continuance  or
21        maintenance  of  racially  and   religiously   segregated
22        housing,  or  so  as  to  retard,  obstruct or discourage
23        racially integrated housing on or in any  street,  block,
24        neighborhood or community.;
25             23.  Engaging   in   any  act  which  constitutes  a
26        violation of Section 3-102, 3-103, 3-104 or 3-105 of  the
27        Illinois Human Rights Act, whether or not a complaint has
28        been  filed  with  or  adjudicated  by  the  Human Rights
29        Commission.;
30             24.  Inducing any party to a  contract  of  sale  or
31        listing  agreement  to  break  such a contract of sale or
32        listing agreement for the  purpose  of  substituting,  in
33        lieu   thereof,  a  new  contract  for  sale  or  listing
34        agreement with a third party.
 
SB745 Engrossed             -939-              LRB9101253EGfg
 1             25.  Negotiating a sale, exchange or lease  of  real
 2        property   directly  with  an  owner  or  lessor  without
 3        authority from the listing broker if the  licensee  knows
 4        that  the owner or lessor has a written exclusive listing
 5        agreement covering the property with another broker.
 6             26.  Where a licensee is also an attorney, acting as
 7        the attorney for either the buyer or the  seller  in  the
 8        same  transaction in which such licensee is acting or has
 9        acted as a broker or salesperson.
10             27.  Advertising or offering merchandise or services
11        as free if any conditions or  obligations  necessary  for
12        receiving  such merchandise or services are not disclosed
13        in the same advertisement or offer.  Such  conditions  or
14        obligations   include,   but  are  not  limited  to,  the
15        requirement  that  the  recipient  attend  a  promotional
16        activity or visit a real estate site.  As  used  in  this
17        paragraph  27,  "free"  includes  terms  such as "award",
18        "prize", "no charge," "free of charge," "without  charge"
19        and  similar  words  or  phrases  which reasonably lead a
20        person to believe  that  he  may  receive,  or  has  been
21        selected  to  receive,  something  of  value, without any
22        conditions or obligations on the part of the recipient.
23             28.  Disregarding or violating any provision of  the
24        Illinois  Real Estate Time-Share Act, enacted by the 84th
25        General Assembly, or the published rules  or  regulations
26        promulgated  by  the  Office  of Banks and Real Estate to
27        enforce that Act.
28             29.  A finding that the licensee  has  violated  the
29        terms  of  the disciplinary order issued by the Office of
30        Banks and Real Estate.
31             30.  Paying  fees  or  commissions  directly  to   a
32        licensee employed by another broker.
33             31.  Requiring a party to a transaction who is not a
34        client of the licensee, as defined in Article 4, to allow
 
SB745 Engrossed             -940-              LRB9101253EGfg
 1        the licensee to retain a portion of the escrow monies for
 2        payment  of  the  licensee's  commission or expenses as a
 3        condition for release of the escrow monies to that party.
 4    (Source: P.A.  89-508,  eff.  7-3-96;  90-352,  eff.  8-8-97;
 5    revised 10-31-98.)

 6        Section 155.  The Solicitation for Charity Act is amended
 7    by changing Section 17 as follows:

 8        (225 ILCS 460/17) (from Ch. 23, par. 5117)
 9        Sec.  17.   In  any  solicitation  to  the  public  for a
10    charitable organization by  a  professional  fund  raiser  or
11    professional solicitor:
12        (a)  The  public  member  shall  be  promptly informed by
13    statement  in  verbal  communications  and   by   clear   and
14    unambiguous   disclosure   in   written  materials  that  the
15    solicitation is  being  made  by  a  paid  professional  fund
16    raiser.  The fund raiser, solicitor, and materials used shall
17    also  provide  the  professional  fund  raiser's  name  and a
18    statement that contracts and reports  regarding  the  charity
19    are   on   file   with  the  Illinois  Attorney  General  and
20    additionally, in verbal communications, the solicitor's  true
21    name must be provided.
22        (b)  If  the  professional  fund raiser employs or uses a
23    contract which provides that it will  be  paid  or  retain  a
24    certain  percentage  of the gross amount of each contribution
25    or shall be paid an hourly  rate  for  solicitation,  or  the
26    contract  provides the charity will receive a fixed amount or
27    a fixed percentage of  each  contribution,  the  professional
28    fund  raiser  and person soliciting shall disclose to persons
29    being solicited the percentage amount retained or hourly rate
30    paid to the professional fund raiser and  solicitor  pursuant
31    to  the  contract,  and  the  amount  or the percentage to be
32    received   by   the   charitable   organization   from   each
 
SB745 Engrossed             -941-              LRB9101253EGfg
 1    contribution, if such disclosure is requested by  the  person
 2    solicited.
 3        (c)  Any   person,   or   professional  fund  raiser,  or
 4    professional solicitor  soliciting  charitable  contributions
 5    from  the  public  on  behalf  of  a  public safety personnel
 6    organization shall not misrepresent that he or  she  is  they
 7    are  in fact a law enforcement person, firefighter, or member
 8    of the organization for  whom  the  contributions  are  being
 9    raised, and, if requested by the person solicited, he or she
10    they shall promptly provide his or her their actual name, the
11    exact legal name of the organization with which he or she is
12    they  are  employed  and its correct address, as well as, the
13    exact name of the charitable organization.
14    (Source: P.A. 90-469, eff. 8-17-97; revised 10-31-98.)

15        Section 156.  The Weights and Measures Act is amended  by
16    changing Section 9 as follows:

17        (225 ILCS 470/9) (from Ch. 147, par. 109)
18        Sec.  9.  Calibration  of  field  standards  procured  by
19    cities.    At least once every year, the Director, shall test
20    the standards of weights and measures procured  by  any  city
21    for  which appointment of a sealer of weights and measures is
22    provided by this Act.
23    (Source: P.A. 88-600, eff. 9-1-94; revised 10-31-98.)

24        Section  157.   The  Private  Employment  Agency  Act  is
25    amended by changing Section 3 as follows:

26        (225 ILCS 515/3) (from Ch. 111, par. 903)
27        Sec. 3.  Records.  It shall be the  duty  of  every  such
28    licensed  person  to  keep  a  complete record in the English
29    language, of all orders for employees which are received from
30    prospective employers.  Upon request  of  the  Department,  a
 
SB745 Engrossed             -942-              LRB9101253EGfg
 1    licensee  shall  verify the date when the order was received,
 2    the name of the person recording the job order, the name  and
 3    address  of the employer seeking the services of an employee,
 4    the name of  the  person  placing  the  order,  the  kind  of
 5    employee   requested,  the  qualifications  required  in  the
 6    employee, the salary or wages to be paid if  known,  and  the
 7    possible  duration  of the job. Prior to the placement of any
 8    job advertisement, an employment agency must have a  current,
 9    bona  fide  job  order,  and must maintain a copy of both the
10    advertisement and the job order  in  a  register  established
11    specially  for  that  purpose.   The term "current, bona fide
12    bonafide job order" shall be defined as a job order  obtained
13    by  the  employment  agency  within  30  days  prior  to  the
14    placement  of the advertisement.  A job order must be renewed
15    after 45 days and must be annotated  with  the  name  of  the
16    representative of the prospective employer who authorized the
17    renewal and the date on which the renewal was authorized.
18        Such  employment agency shall also keep a complete record
19    in the English language of each applicant to whom  employment
20    is  offered  or promised and who is sent out by the agency to
21    secure a job or interview. This record, which shall be called
22    the Applicant's Record,  shall  contain  the  date  when  the
23    applicant  was sent out for the job or interview, the name of
24    the applicant, the name and address of the person or firm  to
25    whom  sent,  the  type of job offered and the wages or salary
26    proposed to be paid if known.
27        The agency shall also keep a record of all payments to it
28    of any and all placement fees  received  and  refunded.  This
29    record  shall  be  called  a Fee Transaction record. It shall
30    contain the date of each transaction, the name of the  person
31    making   the  remittance,  the  amount  paid,  a  designation
32    indicating whether the amount paid is in full or on  account,
33    the receipt number and the date and the amount of any refund.
34        Notwithstanding the provisions of this Act concerning the
 
SB745 Engrossed             -943-              LRB9101253EGfg
 1    records  required  to  be  kept  by  employment agencies, the
 2    Director  of  Labor  may  by  regulation   permit   teachers'
 3    agencies,  medical  agencies,  nurses' registries, theatrical
 4    agencies, contract labor agencies, baby sitter  agencies  and
 5    such other agencies of a like nature who serve the needs of a
 6    specialized class of workers, to keep such records concerning
 7    job   orders,   listing  of  placed  applicants,  listing  of
 8    available applicants and  payments  of  fees  by  either  the
 9    employer  or the employee as the Department by regulation may
10    approve.
11        The aforesaid records shall be kept in the agency for one
12    year and shall be open during office hours to  inspection  by
13    the  Department  and  its  duly  qualified  agents.  No  such
14    licensee,  or  his  employee,  shall knowingly make any false
15    entry in such records.
16    (Source: P.A. 84-1308; revised 10-31-98.)

17        Section 158.   The  Animal  Welfare  Act  is  amended  by
18    changing Section 12 as follows:

19        (225 ILCS 605/12) (from Ch. 8, par. 312)
20        Sec.  12.  Record of hearing.  In accordance with Section
21    10-35 11 of the Illinois Administrative  Procedure  Act,  the
22    Department  shall preserve a record of all proceedings at the
23    hearing of any case involving refusal to  issue  or  renew  a
24    license, or the suspension or revocation of a license, or the
25    referral  of  a  case for criminal prosecution. The record of
26    any such  proceeding  consists  of  the  notice  of  hearing,
27    complaint, and all other documents in the nature of pleadings
28    and  written motions filed in the proceedings, the transcript
29    of testimony and the report and  orders  of  the  Department.
30    Copies  of  the transcript of the record may be obtained from
31    the Department in accordance with the Illinois Administrative
32    Procedure Act.
 
SB745 Engrossed             -944-              LRB9101253EGfg
 1    (Source: P.A. 88-457; revised 10-31-98.)

 2        Section 159.  The  Fluorspar  and  Underground  Limestone
 3    Mines Act is amended by changing Section 9.02 as follows:

 4        (225 ILCS 710/9.02) (from Ch. 96 1/2, par. 4216)
 5        Sec.  9.02.  For  the  purpose  of  ascertaining facts in
 6    connection with any inspection, inquiry, or examination, the
 7    said  inspector,  shall  have  full  power  to   compel   the
 8    attendance  of  witnesses by subpoena, to take depositions on
 9    the service of proper or usual notice to the  mine  owner  or
10    operator  as  required  in  the  taking  of  depositions,  to
11    administer  oaths,  and  to  examine, cross-examine, and take
12    such testimony as may be deemed necessary for the information
13    of the inspector.
14        The refusal by any person to obey a  subpoena  issued  by
15    the   inspector,   or  the  wilful  hindrance  hinderance  or
16    obstruction  by  any  person,  of  the  inspector,   in   the
17    performance  of  any  of  his  duties  under  this Act, shall
18    constitute a Class A misdemeanor and  shall  be  punished  as
19    hereinafter provided.
20        Any witness appearing before the inspector in response to
21    a  subpoena  so  issued,  who  shall  knowingly  and wilfully
22    testify falsely to  any  material  matter,  shall  be  deemed
23    guilty  of  perjury  and  upon conviction as by law provided,
24    shall be punished for perjury.
25    (Source: P.A. 77-2830; revised 2-25-98.)

26        Section 160.  The  Surface-Mined  Land  Conservation  and
27    Reclamation  Act is amended by changing Sections 4.1 and 5 as
28    follows:

29        (225 ILCS 715/4.1) (from Ch. 96 1/2, par. 4505)
30        Sec. 4.1. Surface Mining Advisory Council.
 
SB745 Engrossed             -945-              LRB9101253EGfg
 1        (a)  There is created the Surface Mining Advisory Council
 2    to consist of  10  members,  plus  the  Director  of  Natural
 3    Resources.    Members   of  the  Advisory  Council  shall  be
 4    appointed by the Governor, with the advice and consent of the
 5    Senate.  The members appointed to the Council shall represent
 6    the following interests:  conservation, agriculture,  surface
 7    coal   mining  industry,  aggregate  mining  industry,  local
 8    government,  environmental  protection,  the   colleges   and
 9    universities,  underground  mining  industry,  labor, and the
10    general  public.   The   members   shall   be   knowledgeable
11    concerning  the  nature  of  problems  of  surface mining and
12    surface mining reclamation.  The Council  shall  select  from
13    its members a chairperson and such other officers as it deems
14    necessary.   The  term  of membership on the Advisory Council
15    shall be 3 years, except that the Governor may  make  initial
16    appointment  or  fill  vacancies  for lesser terms so that at
17    least  3  memberships  expire  annually.   Members   may   be
18    reappointed.    Vacancies  occurring  on the Advisory Council
19    shall be  filled,  as  nearly  as  possible,  with  a  person
20    representing  the  interest  of his or her predecessor on the
21    Advisory Council.  Members of the Council shall be reimbursed
22    for  ordinary  and  necessary  expenses   incurred   in   the
23    performance  of the council's duties.  Members of the Council
24    shall, in addition, receive $50 a day for each day  spent  in
25    the performance of their duties as Advisory Council members.
26        (b)  The  Advisory Council shall meet at least 3 times in
27    each calendar year on a date specified at least one  week  in
28    advance  of  the  meeting.    A  meeting may be called by the
29    Director of the Department of Natural Resources or  upon  the
30    request of a majority of Advisory Council members.
31        (c)  The  Council shall act solely as an advisory body to
32    the Director of Natural Resources and to the Land Reclamation
33    Division  of  the  Department  of  Natural  Resources.    The
34    recommendations  of  the Council shall have no binding effect
 
SB745 Engrossed             -946-              LRB9101253EGfg
 1    on the Director of Natural Resources or on  the  Division  of
 2    Land  Reclamation.   The advice, findings and recommendations
 3    of the Advisory Council shall be made public in a semi-annual
 4    report published by the Department of Natural Resources.
 5        (d)  The Department shall  present  proposed  changes  in
 6    rules  or  regulations  related  to  this Act to the Advisory
 7    Council for its comments before putting such proposed changes
 8    in rules or regulations into effect, except for circumstances
 9    of emergency or other circumstances  enumerated  in  Sections
10    5-45  and 5-50 and subsection (c) of Section 5-35 subsections
11    5(b), (d) and (e) of the  Illinois  Administrative  Procedure
12    Act.
13        (e)  The  Council shall review the federal Surface Mining
14    Control and Reclamation Act of  1977  (P.L.  95-87)  and  the
15    question  of  development  and  implementation of an approved
16    permanent State program thereunder.  The Council  shall  make
17    its  review  and  written  recommendations to the Director of
18    Natural  Resources.   The  Council  may  seek  comment   from
19    affected   persons   and  the  public  prior  to  making  its
20    recommendations.
21    (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)

22        (225 ILCS 715/5) (from Ch. 96 1/2, par. 4506)
23        Sec. 5.  Application for permit; bond; fee; permit.
24        (a)  Application for a permit shall be made upon  a  form
25    furnished  by  the  Department,  which  form  shall contain a
26    description of the tract or tracts of land and the  estimated
27    number  of  acres thereof to be affected by surface mining by
28    the  applicant  to  the  third  succeeding  June  30,   which
29    description  shall  include the section, township, range, and
30    county in which the  land  is  located  and  shall  otherwise
31    describe the land with sufficient certainty so that it may be
32    located  and  distinguished from other lands, and a statement
33    that the applicant has the right and power  by  legal  estate
 
SB745 Engrossed             -947-              LRB9101253EGfg
 1    owned  to  mine  by surface mining and to reclaim the land so
 2    described.  Such application shall be accompanied by: (i) (a)
 3     a bond or security meeting the requirements of Section 8  of
 4    this  Act;  and  (ii)  (b)  a  fee of $100 for every acre and
 5    fraction of an acre of land to be permitted.
 6        (b)  An operator desiring to have his permit  amended  to
 7    cover  additional  land  may file an amended application with
 8    the Department with such additional fee and bond or  security
 9    as  may  be  required under the provisions of this Act.  Such
10    amendment shall comply with all requirements of this Act.
11        (c)  An operator may  withdraw  any  land  covered  by  a
12    permit,  excepting affected land, by notifying the Department
13    thereof, in which case the penalty of the  bond  or  security
14    filed by such operator pursuant to the provisions of this Act
15    shall be reduced proportionately.
16        (d)  Where  acreage for which a permit has been in effect
17    is not mined,  or  where  mining  operations  have  not  been
18    completed thereon, during the permit period, the permit as to
19    such  acreage shall be extended by the Department for another
20    permit period without payment of any additional fee,  if  not
21    more  than 25% of the original permit acreage is involved.  A
22    new permit will be required at the regular prescribed fees as
23    stated in this Section for all acreage in excess of 25%.
24        (e)  Every  application,  and  every  amendment   to   an
25    application,  submitted  under  this  Act  shall  contain the
26    following,  except  that   the   Director   may   waive   the
27    requirements  of  this  subsection  (e) for amendments if the
28    affected acreage is similar in nature to the  acreage  stated
29    in the permit to be amended:
30             1.  a  statement of the ownership of the land and of
31        the minerals to be mined;
32             2.  the minerals to be mined;
33             3.  the character and composition of the  vegetation
34        and wildlife on lands to be affected;
 
SB745 Engrossed             -948-              LRB9101253EGfg
 1             4.  the  current and past uses to which the lands to
 2        be affected have been put;
 3             5.  the current assessed valuation of the  lands  to
 4        be  affected  and the assessed valuation shown by the two
 5        quadrennial  assessments  next  preceding  the  currently
 6        effective assessment;
 7             6.  the nature, depth and  proposed  disposition  of
 8        the overburden;
 9             7.  the estimated depth to which the mineral deposit
10        will be mined;
11             8.  the  location of existing roads, and anticipated
12        access  and  haulage  roads  planned  to   be   used   or
13        constructed in conducting surface mining;
14             9.  the technique to be used in surface mining;
15             10.  the  location and names of all streams, creeks,
16        bodies of water and underground  water  resources  within
17        lands to be affected;
18             11.  drainage  on  and  away  from  the  lands to be
19        affected including directional flow of water, natural and
20        artificial  drainways  and  waterways,  and  streams   or
21        tributaries receiving the discharge;
22             12.  the  location  of  buildings  and utility lines
23        within lands to be affected;
24             13.  the results of core drillings  of  consolidated
25        materials   in   the  overburden  when  required  by  the
26        Department, provided that the Department may not  require
27        core  drillings  at  the applicant's expense in excess of
28        one core drill for every 25 acres of land to be affected;
29             14.  a conservation and  reclamation  plan  and  map
30        acceptable   to  the  Department.    The  operator  shall
31        designate which parts of the lands to be affected  he  or
32        she  proposes  to  reclaim  for  forest,  pasture,  crop,
33        horticultural,   homesite,  recreational,  industrial  or
34        other uses including food, shelter and ground  cover  for
 
SB745 Engrossed             -949-              LRB9101253EGfg
 1        wildlife   and   shall   show  the  same  by  appropriate
 2        designation on a reclamation map.  The plan shall:
 3                  (i)  provide for  timely  compliance  with  all
 4             operator  duties  set forth in Section 6 of this Act
 5             by feasible and available means; and:
 6                  (ii)  provide for storage of all overburden and
 7             refuse.
 8        15.  Information respecting  the  minerals  to  be  mined
 9    required by subparagraph (e)2 (2) of this Section, respecting
10    the  estimated  depth  to  which  the mineral deposit will be
11    mined required by subparagraph (e)7 (7) of this Section,  and
12    respecting   the   results  of  core  drillings  required  by
13    subparagraph  (e)13  (13)  of  this  Section  shall  be  held
14    confidential by the Department upon written  request  of  the
15    applicant.
16        (f)  All information required in subsection paragraph (e)
17    of this Section, with the exception of that information which
18    is  to be held in confidentiality by the Department  shall be
19    made available by the operator for public inspection  at  the
20    county  seat  of  each county containing land to be affected.
21    The county board  of  each  county  containing  lands  to  be
22    affected  may propose the use for which such lands within its
23    county are  to  be  reclaimed  and  such  proposal  shall  be
24    considered by the Department, provided that any such proposal
25    must be consistent with all requirements of this Act.
26        Such  plan  shall  be  deposited with the county board no
27    less than 60 days prior to any action  on  the  plan  by  the
28    Department.  All actions by the county board pursuant to this
29    Section must be taken within 45 days of receiving the plan.
30        If requested by a county board of a county to be affected
31    under a proposed permit, a public hearing to be conducted  by
32    the  Department  shall  be  held in such county on the permit
33    applicant's  proposed  reclamation  plan.    By   rules   and
34    regulations  the  Department  shall  establish  hearing dates
 
SB745 Engrossed             -950-              LRB9101253EGfg
 1    which provide county boards reasonable time in which to  have
 2    reviewed  the proposed plans and the procedural rules for the
 3    calling  and  conducting  of  the   public   hearing.    Such
 4    procedural  rules  shall  include  provisions  for reasonable
 5    notice  to  all  parties,  including   the   applicant,   and
 6    reasonable  opportunity for all parties to respond by oral or
 7    written testimony, or both, to statements and objections made
 8    at the public hearing.  County boards and  the  public  shall
 9    present  their  recommendations at these hearings. A complete
10    record of the hearings and all testimony shall be made by the
11    Department and recorded stenographically.
12        (g)  The Department  shall  approve  a  conservation  and
13    reclamation plan if, and only if, the plan complies with this
14    Act  and  completion  of  the plan will in fact achieve every
15    duty of the operator required by this Act.  The  Department's
16    approval  of  a  plan  shall  be  based  upon  the  advice of
17    technically  trained  foresters,   agronomists,   economists,
18    engineers,   planners   and  other  relevant  experts  having
19    experience in  reclaiming  surface-mined  lands,  and  having
20    scientific  or  technical  knowledge based upon research into
21    reclaiming and utilizing surface-mined lands.  The Department
22    shall consider all testimony presented at the public hearings
23    as provided in subsection subparagraph (f) of  this  Section.
24    In  cases where no public hearing is held on a proposed plan,
25    the Department shall consider written testimony  from  county
26    boards  when submitted no later than 45 days following filing
27    of the proposed plan with the county  board.  The  Department
28    shall  immediately  serve copies of such written testimony on
29    the applicant and give the applicant a reasonable opportunity
30    to respond  by  written  testimony.    The  Department  shall
31    consider  the  short  and  long  term  impact of the proposed
32    mining on vegetation, wildlife, fish, land use, land  values,
33    local  tax  base,  the  economy  of the region and the State,
34    employment opportunities,  air  pollution,  water  pollution,
 
SB745 Engrossed             -951-              LRB9101253EGfg
 1    soil   contamination,  noise  pollution  and  drainage.   The
 2    Department shall consider feasible alternative uses for which
 3    reclamation might prepare the land to be affected  and  shall
 4    analyze  the relative costs and effects of such alternatives.
 5    Whenever the Department does not approve the operator's plan,
 6    and whenever the plan approved by  the  Department  does  not
 7    conform  to  the  views  of  the  county  board  expressed in
 8    accordance with subsection subparagraph (f) of this  Section,
 9    the Department shall issue a statement of its reasons for its
10    determination  and  shall  make  such  statement public.  The
11    approved plan shall be filed by the applicant with the  clerk
12    of  each county containing lands to be affected and such plan
13    shall be available for public inspection at the office of the
14    clerk until reclamation is completed and the bond is released
15    in accordance with the provisions of the Act.
16        (h)  Upon receipt of a bond or  security,  all  fees  due
17    from  the  operator,  and  approval  of  the conservation and
18    reclamation plan by  the  Department,  the  Department  shall
19    issue  a  permit  to the applicant which shall entitle him to
20    engage thereafter in  surface  mining  on  the  land  therein
21    described  until the third succeeding June 30, the period for
22    which such permits are issued being hereafter referred to  as
23    the "permit period".
24    (Source: P.A. 89-26, eff. 6-23-95; revised 10-31-98.)

25        Section  161.   The Surface Coal Mining Land Conservation
26    and Reclamation Act is amended by changing  Section  1.03  as
27    follows:

28        (225 ILCS 720/1.03) (from Ch. 96 1/2, par. 7901.03)
29        Sec. 1.03.  Definitions.
30        (a)  Whenever  used  or referred to in this Act, unless a
31    different meaning clearly appears from the context:;
32             (1)  "Affected land" means:
 
SB745 Engrossed             -952-              LRB9101253EGfg
 1                  (A)  in   the   context   of   surface   mining
 2             operations,   the   areas   described   in   Section
 3             1.03(a)(24)(B), and
 4                  (B)  in  the  context  of  underground   mining
 5             operations,  surface  areas on which such operations
 6             occur or where such activities disturb  the  natural
 7             land surface.
 8             (2)  "Approximate   original   contour"  means  that
 9        surface configuration achieved by backfilling and grading
10        of the mined area so that the reclaimed  area,  including
11        any  terracing  or  access  roads,  closely resembles the
12        general surface configuration of the land prior to mining
13        and blends into and compliments  the drainage pattern  of
14        the  surrounding  terrain,  with  all highwalls and spoil
15        piles eliminated.
16             (3)  "Article" means an Article of this Act.
17             (4)  "Department" means the  Department  of  Natural
18        Resources,  or  such department, bureau, or commission as
19        may lawfully succeed to the powers  and  duties  of  such
20        Department.
21             (5)  "Director" means the Director of the Department
22        or  such  officer,  bureau  or commission as may lawfully
23        succeed to the powers and duties of such Director.
24             (6)  "Federal Act" means the Federal Surface  Mining
25        Control and Reclamation Act of 1977 (Public Law 95-87).
26             (7)  "Imminent  danger  to  the health and safety of
27        the public" means  the  existence  of  any  condition  or
28        practice,   or   any  violation  of  a  permit  or  other
29        requirement of this  Act  in  a  mining  and  reclamation
30        operation,  which condition, practice, or violation could
31        reasonably be expected to cause substantial physical harm
32        to persons outside the permit area before such condition,
33        practice, or  violation  can  be  abated.   A  reasonable
34        expectation  of  death or serious injury before abatement
 
SB745 Engrossed             -953-              LRB9101253EGfg
 1        exists if  a  rational  person,  subjected  to  the  same
 2        conditions  or  practices giving rise to the peril, would
 3        not  expose  himself  to  the  danger  during  the   time
 4        necessary for abatement.
 5             (8)  (Blank).
 6             (9)  "Interagency  Committee"  means the Interagency
 7        Committee on Surface    Mining  Control  and  Reclamation
 8        created by Section 1.05.
 9             (9-a)  "Lands  eligible  for  remining"  means those
10        lands that would otherwise be eligible  for  expenditures
11        under  the  Abandoned  Mined  Lands and Water Reclamation
12        Act.
13             (10)  "Mining  and  reclamation  operations"   means
14        mining   operations  and  all  activities  necessary  and
15        incident to the reclamation of such operations.
16             (11)  "Mining operations" means both surface  mining
17        operations and underground mining operations.
18             (12)  "Operator"  means  any  person engaged in coal
19        mining, and includes  political  subdivisions,  units  of
20        local  government  and  instrumentalities of the State of
21        Illinois, and public utilities.
22             (13)  "Permit" means a permit or a revised permit to
23        conduct mining operations and reclamation issued  by  the
24        Department under this Act.
25             (14)  "Permit  applicant"  or  "applicant"  means  a
26        person applying for a permit.
27             (15)  "Permit application" or "application" means an
28        application for a permit under this Act.
29             (16)  "Permit  area" means the land described in the
30        permit.
31             (17)  "Permittee" means a person holding a permit.
32             (18)  "Permit term" means the  period  during  which
33        the  permittee  may  engage  in mining operations under a
34        permit.
 
SB745 Engrossed             -954-              LRB9101253EGfg
 1             (19)  "Person"  means  an  individual,  partnership,
 2        copartnership, firm, joint venture, company, corporation,
 3        association,  joint   stock   company,   trust,   estate,
 4        political  subdivision,  or  any  other public or private
 5        legal entity, or their  legal  representative,  agent  or
 6        assigns.
 7             (20)  "Reclamation"    means    conditioning   areas
 8        affected by mining operations to achieve the purposes  of
 9        this Act.
10             (21)  "Reclamation  plan"  means a plan described in
11        Section 2.03.
12             (22)  "Regulations"  means  regulations  promulgated
13        under the Federal Act.
14             (23)  "Section" means a section of this Act.
15             (24)  "Surface   mining   operations"   means    (A)
16        activities   conducted   on   the  surface  of  lands  in
17        connection  with  a  surface   coal   mine   or   surface
18        operations.    Such activities include excavation for the
19        purpose of obtaining coal including such  common  methods
20        as  contour,  strip, auger, mountaintop removal, box cut,
21        open pit, and area mining, coal recovery from coal  waste
22        disposal  areas, the uses of explosives and blasting, and
23        in situ distillation  or  retorting,  leaching  or  other
24        chemical   or  physical  processing,  and  the  cleaning,
25        concentrating,  or  other  processing   or   preparation,
26        loading  of  coal  at  or near the mine site; and (B) the
27        areas on  which  such  activities  occur  or  where  such
28        activities  disturb the natural land surface.  Such areas
29        include any adjacent land the use of which is  incidental
30        to  any  such  activities,  all  lands  affected  by  the
31        construction  of  new  roads or the improvement or use of
32        existing roads  to  gain  access  to  the  site  of  such
33        activities  and  for  haulage, and excavations, workings,
34        impoundments,  dams,  refuse  banks,  dumps,  stockpiles,
 
SB745 Engrossed             -955-              LRB9101253EGfg
 1        overburden piles,  spoil  banks,  culm  banks,  tailings,
 2        holes   or  depressions,  repair  areas,  storage  areas,
 3        processing areas, shipping areas  and  other  areas  upon
 4        which are sited structures, facilities, or other property
 5        or  materials  on the surface, resulting from or incident
 6        to such activities.
 7             (25)  "Toxic conditions" and "toxic materials"  mean
 8        any conditions and materials that will not support higher
 9        forms  of plant or animal life in any place in connection
10        with  or  as  a  result  of  the  completion  of   mining
11        operations.
12             (26)  "Underground   mining  operations"  means  the
13        underground excavation of coal and (A) surface operations
14        incident to the underground extraction of coal,  such  as
15        construction, use, maintenance, and reclamation of roads,
16        above-ground  repair  areas,  storage  areas,  processing
17        areas,  shipping  areas, areas on which are sited support
18        facilities including hoist and ventilation  ducts,  areas
19        used  for the storage and disposal of waste, and areas on
20        which materials incident to underground mining operations
21        are placed, and (B) underground  operations  incident  to
22        underground  excavation  of  coal,  such  as  underground
23        construction,   operation,  and  reclamation  of  shafts,
24        adits,   underground   support   facilities,   in    situ
25        processing,  and underground mining, hauling, storage, or
26        blasting.
27             (27)  "Unwarranted  failure  to  comply"  means  the
28        failure of a permittee to prevent the occurrence of or to
29        abate any violation of his permit or any  requirement  of
30        this  Act due to indifference, lack of diligence, or lack
31        of reasonable care.
32        (b)  The Department shall by rule define other terms used
33    in this Act if necessary or desirable to achieve the purposes
34    of this Act.
 
SB745 Engrossed             -956-              LRB9101253EGfg
 1    (Source: P.A. 89-445,  eff.  2-7-96;  90-490,  eff.  8-17-97;
 2    revised 10-31-98.)

 3        Section  162.   The  Illinois Horse Racing Act of 1975 is
 4    amended by changing Section 5 as follows:

 5        (230 ILCS 5/5) (from Ch. 8, par. 37-5)
 6        Sec. 5. As soon as practicable  following  the  effective
 7    date  of  this  amendatory  Act  of  1995, the Governor shall
 8    appoint, with the advice and consent of the  Senate,  members
 9    to the Board as follows: 3 members for terms expiring July 1,
10    1996;  3  members  for  terms  expiring  July  1, 1998; and 3
11    members for terms expiring July  1,  2000.   Thereafter,  the
12    terms  of  office  of  the  Board  members  shall be 6 years.
13    Incumbent members on the effective date  of  this  amendatory
14    Act  of  1995  shall  continue  to  serve  only  until  their
15    successors are appointed and have qualified.
16        Each  member  of the Board shall receive $300 per day for
17    each day the Board meets and for each day the member conducts
18    a hearing pursuant to Section 16 of this Act,  provided  that
19    no  Board  member shall receive more than $5,000 in such fees
20    during  any  calendar  year,  or  an  amount   set   by   the
21    Compensation Review Board, whichever is greater.  Members The
22    member  of  the Board shall also be reimbursed for all actual
23    and necessary expenses  and  disbursements  incurred  in  the
24    execution of their official duties.
25    (Source: P.A. 88-495; 89-16, eff. 5-30-95; revised 10-31-98.)

26        Section  163.   The  Raffles  Act  is amended by changing
27    Section 5 as follows:

28        (230 ILCS 15/5) (from Ch. 85, par. 2305)
29        Sec. 5.  Raffles - manager - bond.)  (a) All operation of
30    and the conduct of raffles shall be under the supervision  of
 
SB745 Engrossed             -957-              LRB9101253EGfg
 1    a single raffles manager designated by the organization.  The
 2    manager  shall  give  a fidelity bond in the sum of an amount
 3    determined  by  the  licensing  authority  in  favor  of  the
 4    organization conditioned upon his honesty in the  performance
 5    of  his  duties.  Terms of the bond shall provide that notice
 6    shall be given in writing to the licensing authority not less
 7    than 30 days prior to its cancellation.  The  governing  body
 8    of a local unit of government may waive this bond requirement
 9    by  including  a waiver provision in the license issued to an
10    organization  under  this  Act,  provided  that   a   license
11    containing  such  waiver  provision  shall be granted only by
12    unanimous vote of the members of the licensed organization.
13    (Source: P.A. 81-1365; revised 10-31-98.)

14        Section 164.  The Bingo License and Tax Act is amended by
15    changing Section 5.1 as follows:

16        (230 ILCS 25/5.1) (from Ch. 120, par. 1105.1)
17        Sec. 5.1.  The Illinois Administrative Procedure  Act  is
18    hereby   expressly   adopted   and   shall   apply   to   all
19    administrative  rules  and  procedures  of  the Department of
20    Revenue under this Act, except  that  (1)  paragraph  (b)  of
21    Section  5-10  of  the  Illinois Administrative Procedure Act
22    does not apply to final orders, decisions and opinions of the
23    Department, (2) subparagraph (a)(ii) (a)2 of Section 5-10  of
24    the  Illinois  Administrative Procedure Act does not apply to
25    forms established by the Department for use under  this  Act,
26    and  (3)  the  provisions  of  Section  10-45 of the Illinois
27    Administrative Procedure Act regarding proposals for decision
28    are excluded and not applicable to the Department under  this
29    Act.
30    (Source: P.A. 88-45; revised 10-31-98.)

31        Section  165.   The  Charitable  Games  Act is amended by
 
SB745 Engrossed             -958-              LRB9101253EGfg
 1    changing Section 13 as follows:

 2        (230 ILCS 30/13) (from Ch. 120, par. 1133)
 3        Sec. 13.  The Illinois Administrative Procedure Act shall
 4    apply to all  administrative  rules  and  procedures  of  the
 5    Department  of  Revenue  under  this  Act,  except  that  (1)
 6    paragraph  (b) of Section 5-10 of the Illinois Administrative
 7    Procedure Act does not apply to final orders,  decisions  and
 8    opinions  of the Department, (2) subparagraph (a)(ii) (a)2 of
 9    Section 5-10 of the  Illinois  Administrative  Procedure  Act
10    does not apply to forms established by the Department for use
11    under  this  Act,  (3) the provisions of Section 10-45 of the
12    Illinois Administrative Procedure Act regarding proposals for
13    decision are excluded and not applicable  to  the  Department
14    under  this  Act, and (4) the provisions of subsection (d) of
15    Section 10-65 of the Illinois Administrative Procedure Act do
16    not apply so as to prevent summary suspension of any  license
17    pending  revocation  or  other action, which suspension shall
18    remain in effect unless modified by the Department or  unless
19    the  Department's  decision  is  reversed  on  the  merits in
20    proceedings conducted pursuant to the  Administrative  Review
21    Law.
22    (Source: P.A. 88-45; 89-626, eff. 8-9-96; revised 10-31-98.)

23        Section  166.   The Liquor Control Act of 1934 is amended
24    by changing Sections 1-3, 4-4,  5-1,  5-3,  6-1,  6-11,  7-1,
25    9-12, and 10-8 as follows:

26        (235 ILCS 5/1-3) (from Ch. 43, par. 95)
27        Sec.  1-3.   Unless the context otherwise requires, words
28    and phrases are used in this Act in the sense given  them  in
29    the Sections following this Section and preceding Section 2-1
30     1-3.01 through 1-3.35.
31    (Source: P.A. 88-91; revised 10-31-98.)
 
SB745 Engrossed             -959-              LRB9101253EGfg
 1        (235 ILCS 5/4-4) (from Ch. 43, par. 112)
 2        Sec.  4-4.   Each local liquor control commissioner shall
 3    also have the following powers,  functions  and  duties  with
 4    respect  to  licenses,  other than licenses to manufacturers,
 5    importing  distributors,  distributors,  foreign   importers,
 6    non-resident dealers, non-beverage users, brokers, railroads,
 7    airplanes and boats.
 8             1.  To grant and or suspend for not more than thirty
 9        days  or  revoke  for  cause all local licenses issued to
10        persons for premises within his jurisdiction;
11             2.  To enter  or  to  authorize  any  law  enforcing
12        officer  to  enter at any time upon any premises licensed
13        hereunder to determine whether any of the  provisions  of
14        this Act or any rules or regulations adopted by him or by
15        the State Commission have been or are being violated, and
16        at such time to examine said premises of said licensee in
17        connection therewith;
18             3.  To  notify  the  Secretary of State where a club
19        incorporated under the General Not for Profit Corporation
20        Act of 1986 or a foreign  corporation  functioning  as  a
21        club  in  this  State  under  a  certificate of authority
22        issued under that Act has violated this Act by selling or
23        offering for sale at retail alcoholic liquors  without  a
24        retailer's license;
25             4.  To receive complaint from any citizen within his
26        jurisdiction  that  any of the provisions of this Act, or
27        any rules or regulations adopted  pursuant  hereto,  have
28        been   or  are  being  violated  and  to  act  upon  such
29        complaints in the manner hereinafter provided;
30             5.  To receive local license fees and pay  the  same
31        forthwith  to the city, village, town or county treasurer
32        as the case may be.
33        In counties and municipalities, the local liquor  control
34    commissioners  shall  also  have  the  power to levy fines in
 
SB745 Engrossed             -960-              LRB9101253EGfg
 1    accordance with Section 7-5 of this Act.
 2    (Source: P.A. 84-767; 84-816; revised 10-31-98.)

 3        (235 ILCS 5/5-1) (from Ch. 43, par. 115)
 4        Sec. 5-1.  Licenses issued by the Illinois Liquor Control
 5    Commission shall be of the following classes:
 6        (a)  Manufacturer's license - Class 1.  Distiller,  Class
 7    2.   Rectifier,  Class 3.  Brewer, Class 4.  First Class Wine
 8    Manufacturer,  Class  5.   Second  Class  Wine  Manufacturer,
 9    Class  6.  First  Class  Winemaker,  Class  7.  Second  Class
10    Winemaker, Class 8.  Limited Wine Manufacturer,
11        (b)  Distributor's license,
12        (c)  Importing Distributor's license,
13        (d)  Retailer's license,
14        (e)  Special Event Retailer's license (not-for-profit),
15        (f)  Railroad license,
16        (g)  Boat license,
17        (h)  Non-Beverage User's license,
18        (i)  Wine-maker's retail license,
19        (j)  Airplane license,
20        (k)  Foreign importer's license,
21        (l)  Broker's license,
22        (m)  Non-resident dealer's license,
23        (n)  Brew Pub license,
24        (o)  Auction liquor license,
25        (p)  Caterer retailer license,
26        (q)  Special use permit license.
27        Nothing   in   this  provision,  nor  in  any  subsequent
28    provision of this Act shall be interpreted as  forbidding  an
29    individual  or firm from concurrently obtaining and holding a
30    Winemaker's and a Wine manufacturer's license.
31        (a)  A   manufacturer's   license   shall    allow    the
32    manufacture,  importation  in bulk, storage, distribution and
33    sale of alcoholic liquor to persons without the State, as may
 
SB745 Engrossed             -961-              LRB9101253EGfg
 1    be permitted by  law  and  to  licensees  in  this  State  as
 2    follows:
 3        Class  1.  A  Distiller  may make sales and deliveries of
 4    alcoholic  liquor  to   distillers,   rectifiers,   importing
 5    distributors,  distributors  and non-beverage users and to no
 6    other licensees.
 7        Class 2. A Rectifier, who is not a distiller, as  defined
 8    herein,  may make sales and deliveries of alcoholic liquor to
 9    rectifiers, importing distributors,  distributors,  retailers
10    and non-beverage users and to no other licensees.
11        Class  3.  A Brewer may make sales and deliveries of beer
12    to   importing    distributors,    distributors,    and    to
13    non-licensees,  and  to retailers provided the brewer obtains
14    an importing distributor's license or  distributor's  license
15    in accordance with the provisions of this Act.
16        Class  4.  A first class wine-manufacturer may make sales
17    and deliveries of between 40,000 and 50,000 gallons  of  wine
18    to  manufacturers,  importing  distributors and distributors,
19    and to no other licensees.
20        Class 5. A second class Wine manufacturer may make  sales
21    and  deliveries  of  more  than  50,000  gallons  of  wine to
22    manufacturers, importing distributors and distributors and to
23    no other licensees.
24        Class 6. A first-class wine-maker's license  shall  allow
25    the manufacture of less than 20,000 gallons of wine per year,
26    and  the  storage  and  sale of such wine to distributors and
27    retailers in the State and to persons without the  State,  as
28    may be permitted by law.
29        Class  7. A second-class wine-maker's license shall allow
30    the manufacture of up to 50,000 gallons of wine per year, and
31    the storage and sale of such wine  to  distributors  in  this
32    State  and  to persons without the State, as may be permitted
33    by law.  A second-class wine-maker's license shall allow  the
34    sale  of  no  more than 10,000 gallons of the licensee's wine
 
SB745 Engrossed             -962-              LRB9101253EGfg
 1    directly to retailers.
 2        Class 8. A limited wine-manufacturer may make  sales  and
 3    deliveries  not  to exceed 40,000 gallons of wine per year to
 4    distributors, and to non-licensees  in  accordance  with  the
 5    provisions of this Act.
 6        (a-1)  A  manufacturer which is licensed in this State to
 7    make sales  or  deliveries  of  alcoholic  liquor  and  which
 8    enlists agents, representatives, or individuals acting on its
 9    behalf  who  contact  licensed  retailers  on  a  regular and
10    continual basis in this State  must  register  those  agents,
11    representatives,  or  persons  acting  on its behalf with the
12    State Commission.
13        Registration  of  agents,  representatives,  or   persons
14    acting on behalf of a manufacturer is fulfilled by submitting
15    a form to the Commission.  The form shall be developed by the
16    Commission  and  shall  include  the  name and address of the
17    applicant, the name and address of the manufacturer he or she
18    represents, the territory or areas assigned  to  sell  to  or
19    discuss  pricing  terms  of  alcoholic  liquor, and any other
20    questions deemed appropriate and necessary.   All  statements
21    in  the  forms required to be made by law or by rule shall be
22    deemed material, and any person who knowingly  misstates  any
23    material  fact  under  oath  in an application is guilty of a
24    Class  B  misdemeanor.    Fraud,   misrepresentation,   false
25    statements,  misleading  statements, evasions, or suppression
26    of material facts in  the  securing  of  a  registration  are
27    grounds for suspension or revocation of the registration.
28        (b)  A  distributor's  license  shall allow the wholesale
29    purchase  and  storage  of  alcoholic  liquors  and  sale  of
30    alcoholic liquors to licensees in this State and  to  persons
31    without the State, as may be permitted by law.
32        (c)  An  importing distributor's license may be issued to
33    and held by those only who are  duly  licensed  distributors,
34    upon  the  filing  of  an  application  by  a  duly  licensed
 
SB745 Engrossed             -963-              LRB9101253EGfg
 1    distributor,  with  the  Commission and the Commission shall,
 2    without the  payment  of  any  fee,  immediately  issue  such
 3    importing distributor's license to the applicant, which shall
 4    allow  the  importation  of  alcoholic liquor by the licensee
 5    into this State from any point in the United  States  outside
 6    this  State, and the purchase of alcoholic liquor in barrels,
 7    casks or other bulk  containers  and  the  bottling  of  such
 8    alcoholic  liquors  before resale thereof, but all bottles or
 9    containers so filled shall be sealed,  labeled,  stamped  and
10    otherwise  made  to  comply  with  all  provisions, rules and
11    regulations governing manufacturers in  the  preparation  and
12    bottling  of  alcoholic liquors.  The importing distributor's
13    license shall permit  such  licensee  to  purchase  alcoholic
14    liquor   from  Illinois  licensed  non-resident  dealers  and
15    foreign importers only.
16        (d)  A retailer's license shall  allow  the  licensee  to
17    sell  and  offer  for  sale  at  retail, only in the premises
18    specified in  such  license,  alcoholic  liquor  for  use  or
19    consumption,  but  not  for resale in any form: Provided that
20    any retail license issued to a manufacturer shall only permit
21    such manufacturer to sell beer  at  retail  on  the  premises
22    actually occupied by such manufacturer.
23        After  January  1,  1995  there  shall  be  2  classes of
24    licenses issued under a retailers license.
25             (1)  A "retailers on  premise  consumption  license"
26        shall  allow  the  licensee to sell and offer for sale at
27        retail, only on the premises specified  in  the  license,
28        alcoholic  liquor  for use or consumption on the premises
29        or on and off the premises, but not  for  resale  in  any
30        form.
31             (2)  An  "off  premise sale license" shall allow the
32        licensee to sell, or offer for sale at retail,  alcoholic
33        liquor  intended only for off premise consumption and not
34        for resale in any form.
 
SB745 Engrossed             -964-              LRB9101253EGfg
 1        Notwithstanding any other provision  of  this  subsection
 2    (d),  a  retail  licensee  may  sell  alcoholic  liquors to a
 3    special event retailer licensee  for  resale  to  the  extent
 4    permitted under subsection (e).
 5        (e)  A  special event retailer's license (not-for-profit)
 6    shall permit the licensee to purchase alcoholic liquors  from
 7    an   Illinois  licensed   distributor  (unless  the  licensee
 8    purchases less than $500 of alcoholic liquors for the special
 9    event, in which case the licensee may purchase the  alcoholic
10    liquors  from  a  licensed  retailer)  and  shall  allow  the
11    licensee  to  sell  and  offer for sale, at retail, alcoholic
12    liquors for use or consumption, but not  for  resale  in  any
13    form  and  only  at  the  location  and on the specific dates
14    designated  for  the  special  event  in  the  license.    An
15    applicant  for  a  special  event  retailer  license must (i)
16    furnish with the application:  (A)  a  resale  number  issued
17    under  Section  2c  of  the  Retailers' Occupation Tax Act or
18    evidence that the applicant is registered under Section 2a of
19    the Retailers' Occupation  Tax  Act,  (B)  a  current,  valid
20    exemption  identification  number  issued under Section 1g of
21    the Retailers' Occupation Tax Act, and a certification to the
22    Commission that the purchase of alcoholic liquors will  be  a
23    tax-exempt purchase, or (C) a statement that the applicant is
24    not  registered under Section 2a of the Retailers' Occupation
25    Tax Act, does not hold a resale number under  Section  2c  of
26    the  Retailers'  Occupation  Tax  Act,  and  does not hold an
27    exemption  number  under  Section  1g   of   the   Retailers'
28    Occupation  Tax  Act, in which event the Commission shall set
29    forth on the special event retailer's license a statement  to
30    that   effect;   (ii)   submit  with  the  application  proof
31    satisfactory to the State Commission that the applicant  will
32    provide  dram shop liability insurance in the maximum limits;
33    and (iii) show proof satisfactory  to  the  State  Commission
34    that the applicant has obtained local authority approval.
 
SB745 Engrossed             -965-              LRB9101253EGfg
 1        (f)  A  railroad  license  shall  permit  the licensee to
 2    import alcoholic liquors into this State from  any  point  in
 3    the  United  States  outside  this  State  and  to store such
 4    alcoholic liquors in this State; to make wholesale  purchases
 5    of  alcoholic  liquors  directly  from manufacturers, foreign
 6    importers,  distributors  and  importing  distributors   from
 7    within  or  outside  this  State; and to store such alcoholic
 8    liquors in this State; provided that the above powers may  be
 9    exercised  only  in connection with the importation, purchase
10    or storage of alcoholic liquors to be sold or dispensed on  a
11    club,  buffet,  lounge or dining car operated on an electric,
12    gas or steam railway in this  State;  and  provided  further,
13    that  railroad licensees exercising the above powers shall be
14    subject to all provisions of Article  VIII  of  this  Act  as
15    applied  to importing distributors.  A railroad license shall
16    also permit  the  licensee  to  sell  or  dispense  alcoholic
17    liquors on any club, buffet, lounge or dining car operated on
18    an  electric,  gas  or  steam railway regularly operated by a
19    common carrier in this State, but shall not permit  the  sale
20    for  resale  of  any alcoholic liquors to any licensee within
21    this State.  A license shall be  obtained  for  each  car  in
22    which such sales are made.
23        (g)  A  boat  license  shall  allow the sale of alcoholic
24    liquor in individual drinks, on any passenger boat  regularly
25    operated  as  a  common  carrier  on navigable waters in this
26    State,  which  boat  maintains  a  public  dining   room   or
27    restaurant thereon.
28        (h)  A   non-beverage  user's  license  shall  allow  the
29    licensee  to  purchase  alcoholic  liquor  from  a   licensed
30    manufacturer or importing distributor, without the imposition
31    of any tax upon the business of such licensed manufacturer or
32    importing  distributor as to such alcoholic liquor to be used
33    by such licensee solely for  the  non-beverage  purposes  set
34    forth  in subsection (a) of Section 8-1 of this Act, and such
 
SB745 Engrossed             -966-              LRB9101253EGfg
 1    licenses shall be divided and classified and shall permit the
 2    purchase, possession and use of limited and stated quantities
 3    of alcoholic liquor as follows:
 4    Class 1, not to exceed .......................    500 gallons
 5    Class 2, not to exceed .......................  1,000 gallons
 6    Class 3, not to exceed .......................  5,000 gallons
 7    Class 4, not to exceed ....................... 10,000 gallons
 8    Class 5, not to exceed ....................... 50,000 gallons
 9        (i)  A  wine-maker's  retail  license  shall  allow   the
10    licensee to sell and offer for sale at retail in the premises
11    specified  in  such  license  not more than 50,000 gallons of
12    wine per year for use or consumption, but not for  resale  in
13    any  form;  this  license  shall  be  issued only to a person
14    licensed as  a  first-class  or  second-class  wine-maker.  A
15    wine-maker's  retail licensee, upon receiving permission from
16    the Commission, may conduct business  at  a  second  location
17    that   is   separate  from  the  location  specified  in  its
18    wine-maker's  retail   license.   One   wine-maker's   retail
19    license-second  location  may  be  issued  to  a wine-maker's
20    retail licensee allowing the licensee to sell and  offer  for
21    sale  at retail in the premises specified in the wine-maker's
22    retail license-second location up to 50,000 gallons  of  wine
23    that  was  produced at the licensee's first location per year
24    for use and consumption and not for resale.
25        (j)  An airplane license shall  permit  the  licensee  to
26    import  alcoholic  liquors  into this State from any point in
27    the United States  outside  this  State  and  to  store  such
28    alcoholic  liquors in this State; to make wholesale purchases
29    of alcoholic liquors  directly  from  manufacturers,  foreign
30    importers,   distributors  and  importing  distributors  from
31    within or outside this State; and  to  store  such  alcoholic
32    liquors  in this State; provided that the above powers may be
33    exercised only in connection with the  importation,  purchase
34    or storage of alcoholic liquors to be sold or dispensed on an
 
SB745 Engrossed             -967-              LRB9101253EGfg
 1    airplane;  and  provided  further,  that  airplane  licensees
 2    exercising   the   above  powers  shall  be  subject  to  all
 3    provisions  of  Article  VIII  of  this  Act  as  applied  to
 4    importing distributors.   An  airplane  licensee  shall  also
 5    permit  the  sale  or  dispensing of alcoholic liquors on any
 6    passenger airplane regularly operated by a common carrier  in
 7    this  State,  but shall not permit the sale for resale of any
 8    alcoholic liquors to  any  licensee  within  this  State.   A
 9    single  airplane  license  shall  be  required  of an airline
10    company if liquor service is provided on  board  aircraft  in
11    this  State.   The  annual  fee  for such license shall be as
12    determined in Section 5-3.
13        (k)  A  foreign  importer's  license  shall  permit  such
14    licensee to purchase alcoholic liquor from Illinois  licensed
15    non-resident  dealers  only,  and  to import alcoholic liquor
16    other than in bulk from any point outside the  United  States
17    and  to  sell  such  alcoholic  liquor  to  Illinois licensed
18    importing distributors and to no one else in Illinois.
19        (l) (i)  A broker's license  shall  be  required  of  all
20    persons  who  solicit  orders  for, offer to sell or offer to
21    supply  alcoholic  liquor  to  retailers  in  the  State   of
22    Illinois,  or  who  offer to retailers to ship or cause to be
23    shipped or  to  make  contact  with  distillers,  rectifiers,
24    brewers or manufacturers or any other party within or without
25    the  State  of  Illinois  in  order that alcoholic liquors be
26    shipped to a distributor, importing  distributor  or  foreign
27    importer,  whether  such solicitation or offer is consummated
28    within or without the State of Illinois.
29        No holder of a retailer's license issued by the  Illinois
30    Liquor  Control  Commission  shall  purchase  or  receive any
31    alcoholic liquor,  the  order  for  which  was  solicited  or
32    offered  for  sale  to  such  retailer by a broker unless the
33    broker is the holder of a valid broker's license.
34        The broker shall, upon the acceptance by  a  retailer  of
 
SB745 Engrossed             -968-              LRB9101253EGfg
 1    the  broker's  solicitation  of  an order or offer to sell or
 2    supply  or  deliver  or  have  delivered  alcoholic  liquors,
 3    promptly forward to the Illinois Liquor Control Commission  a
 4    notification   of  said  transaction  in  such  form  as  the
 5    Commission may by regulations prescribe.
 6        (ii)  A broker's license shall be required  of  a  person
 7    within  this  State, other than a retail licensee, who, for a
 8    fee or commission, promotes, solicits, or accepts orders  for
 9    alcoholic  liquor, for use or consumption and not for resale,
10    to be shipped from this  State  and  delivered  to  residents
11    outside  of this State by an express company, common carrier,
12    or contract carrier. This  Section  does  not  apply  to  any
13    person  who promotes, solicits, or accepts orders for wine as
14    specifically authorized in Section 6-29 of this Act.
15        A broker's license under this subsection  (1)  shall  not
16    entitle  the  holder to buy or sell any alcoholic liquors for
17    his own account or to take or deliver title to such alcoholic
18    liquors.
19        This subsection (1)  shall  not  apply  to  distributors,
20    employees of distributors, or employees of a manufacturer who
21    has  registered the trademark, brand or name of the alcoholic
22    liquor pursuant to Section 6-9 of this Act, and who regularly
23    sells such alcoholic liquor in the State of Illinois only  to
24    its registrants thereunder.
25        Any   agent,   representative,   or   person  subject  to
26    registration pursuant to subsection  (a-1)  of  this  Section
27    shall not be eligible to receive a broker's license.
28        (m)  A  non-resident  dealer's  license shall permit such
29    licensee to ship into and  warehouse  alcoholic  liquor  into
30    this  State from any point outside of this State, and to sell
31    such alcoholic liquor to Illinois licensed foreign  importers
32    and  importing distributors and to no one else in this State;
33    provided that said non-resident dealer  shall  register  with
34    the  Illinois  Liquor Control Commission each and every brand
 
SB745 Engrossed             -969-              LRB9101253EGfg
 1    of alcoholic liquor which it proposes  to  sell  to  Illinois
 2    licensees  during  the  license  period; and further provided
 3    that it shall comply with all of the  provisions  of  Section
 4    6-9  hereof  with  respect  to  registration of such Illinois
 5    licensees as may be granted the right to sell such brands  at
 6    wholesale.
 7        (n)  A  brew  pub  license  shall  allow  the licensee to
 8    manufacture beer  only  on  the  premises  specified  in  the
 9    license,  to  make  sales  of  the  beer  manufactured on the
10    premises to  importing  distributors,  distributors,  and  to
11    non-licensees for use and consumption, to store the beer upon
12    the  premises,  and to sell and offer for sale at retail from
13    the licensed premises, provided  that  a  brew  pub  licensee
14    shall  not sell for off-premises consumption more than 50,000
15    gallons per year.
16        (o)  A caterer retailer license shall allow the holder to
17    serve alcoholic liquors as  an  incidental  part  of  a  food
18    service that serves prepared meals which excludes the serving
19    of  snacks as the primary meal, either on or off-site whether
20    licensed or unlicensed.
21        (p)  An auction liquor license shall allow  the  licensee
22    to  sell  and  offer for sale at auction wine and spirits for
23    use or consumption, or  for  resale  by  an  Illinois  liquor
24    licensee  in  accordance  with  provisions  of  this Act.  An
25    auction liquor license will be issued to a person and it will
26    permit the  auction  liquor  licensee  to  hold  the  auction
27    anywhere  in  the  State.   An auction liquor license must be
28    obtained for each auction at least 14 days in advance of  the
29    auction date.
30        (q)  A special use permit license shall allow an Illinois
31    licensed  retailer  to  transfer  a  portion of its alcoholic
32    liquor inventory from its retail  licensed  premises  to  the
33    premises specified in the license hereby created, and to sell
34    or  offer  for sale at retail, only in the premises specified
 
SB745 Engrossed             -970-              LRB9101253EGfg
 1    in the license  hereby  created,  the  transferred  alcoholic
 2    liquor  for  use  or  consumption,  but not for resale in any
 3    form.  A special use permit license may be  granted  for  the
 4    following  time periods: one day or less; 2 or more days to a
 5    maximum of 15 days per location in any 12 month  period.   An
 6    applicant for the special use permit license must also submit
 7    with   the   application  proof  satisfactory  to  the  State
 8    Commission  that  the  applicant  will  provide   dram   shop
 9    liability  insurance  to  the  maximum  limits and have local
10    authority approval.
11    (Source: P.A.  89-45,  eff.  6-23-95;  89-218,  eff.  1-1-96;
12    89-626, eff. 8-9-96; 90-77, eff. 7-8-97; 90-432, eff. 1-1-98;
13    90-596,  eff.  6-24-98;  90-655,  eff.  7-30-98; 90-739, eff.
14    8-13-98; revised 9-16-98.)

15        (235 ILCS 5/5-3) (from Ch. 43, par. 118)
16        Sec. 5-3.  License fees.  Except  as  otherwise  provided
17    herein,  at  the  time  application  is  made  to  the  State
18    Commission  for  a  license of any class, the applicant shall
19    pay to the State Commission the fee hereinafter provided  for
20    the kind of license applied for.
21        The fee for licenses issued by the State Commission shall
22    be as follows:
23        For a manufacturer's license:
24        Class 1. Distiller ...........................     $3,600
25        Class 2. Rectifier ...........................      3,600
26        Class 3. Brewer ..............................        900
27        Class 4. First-class Wine Manufacturer .......        600
28        Class 5. Second-class Second
29             Class Wine Manufacturer .................      1,200
30        Class 6. First-class wine-maker ..............        240
31        Class 7. Second-class wine-maker .............        480
32        Class 8.  Limited Wine Manufacturer...........        120
33        For a Brew Pub License .......................      1,050
 
SB745 Engrossed             -971-              LRB9101253EGfg
 1        For a caterer retailer's license..............        200
 2        For a foreign importer's license .............         25
 3        For an importing distributor's license .......         25
 4        For a distributor's license ..................        270
 5        For a non-resident dealer's license
 6             (500,000 gallons or over) ...............        270
 7        For a non-resident dealer's license
 8             (under 500,000 gallons) .................         90
 9        For a wine-maker's retail license ............        100
10        For a wine-maker's retail license,
11             second location .........................        350
12        For a retailer's license .....................        175
13        For a special event retailer's license,
14             (not-for-profit) ........................         25
15        For a special use permit license,
16             one day only ............................         50
17             2 days or more ..........................        100
18        For a railroad license .......................         60
19        For a boat license ...........................        180
20        For an airplane license, 60 times the
21             licensee's maximum number of aircraft
22             in flight, serving liquor over the
23             State at any given time, which either
24             originate, terminate, or make
25             originates, terminates or makes
26             an intermediate stop in the State .......         60
27        For a non-beverage user's license:
28             Class 1 .................................         24
29             Class 2 .................................         60
30             Class 3 .................................        120
31             Class 4 .................................        240
32             Class 5 .................................        600
33        For a broker's license .......................        600
34        For an auction liquor license ................         50
 
SB745 Engrossed             -972-              LRB9101253EGfg
 1        Fees  collected under this Section shall be paid into the
 2    Dram Shop Fund.  Beginning June 30, 1990 and on  June  30  of
 3    each  subsequent  year, any balance over $5,000,000 remaining
 4    in the Dram Shop Fund  shall  be  credited  to  State  liquor
 5    licensees  and  applied  against  their fees for State liquor
 6    licenses for the following year.  The amount credited to each
 7    licensee shall be a proportion of the  balance  in  the  Dram
 8    Fund  that  is  the same as the proportion of the license fee
 9    paid by the licensee under this Section  for  the  period  in
10    which  the balance was accumulated to the aggregate fees paid
11    by all licensees during that period.
12        No fee shall be paid for licenses  issued  by  the  State
13    Commission to the following non-beverage users:
14             (a)  Hospitals,  sanitariums,  or clinics when their
15        use  of  alcoholic  liquor  is   exclusively   medicinal,
16        mechanical or scientific.
17             (b)  Universities,  colleges  of learning or schools
18        when  their  use  of  alcoholic  liquor  is   exclusively
19        medicinal, mechanical or scientific.
20             (c)  Laboratories  when their use is exclusively for
21        the purpose of scientific research.
22        The  funds  received  from  the  $50  increase   in   the
23    retailer's  license  fee  imposed  by  P.A.  86-983  shall be
24    deposited  in  the  Youth  Alcoholism  and  Substance   Abuse
25    Prevention Fund.
26    (Source:  P.A.  89-250,  eff.  1-1-96;  90-77,  eff.  7-8-97;
27    revised 10-31-98.)

28        (235 ILCS 5/6-1) (from Ch. 43, par. 119)
29        Sec.  6-1.   Privilege  granted  by license; nature as to
30    property;    transferability    transfer     ability;     tax
31    delinquencies.    A   license  shall  be  purely  a  personal
32    privilege, good for not to exceed one  year  after  issuance,
33    except  a  non-beverage user's license, unless sooner revoked
 
SB745 Engrossed             -973-              LRB9101253EGfg
 1    as in this Act provided, and shall not  constitute  property,
 2    nor  shall  it  be  subject  to  attachment,  garnishment  or
 3    execution,   nor  shall  it  be  alienable  or  transferable,
 4    voluntarily or involuntarily, or subject to being  encumbered
 5    or  hypothecated.  Such license shall not descend by the laws
 6    of testate or intestate devolution, but it shall  cease  upon
 7    the  death  of  the  licensee,  provided  that  executors  or
 8    administrators  of  the  estate of any deceased licensee, and
 9    the trustee of any insolvent or bankrupt licensee, when  such
10    estate consists in part of alcoholic liquor, may continue the
11    business of the sale or manufacture of alcoholic liquor under
12    order   of  the  appropriate  court,  and  may  exercise  the
13    privileges of the deceased or insolvent or bankrupt  licensee
14    after  the  death  of  such  decedent,  or such insolvency or
15    bankruptcy until the  expiration  of  such  license  but  not
16    longer  than  six  months  after  the  death,  bankruptcy  or
17    insolvency  of  such  licensee.  Except  in  the  case  of  a
18    non-beverage  user's  license, a refund shall be made of that
19    portion of the license fees paid for any period in which  the
20    licensee shall be prevented from operating under such license
21    in accordance with the provisions of this paragraph.
22        Any  licensee  may  renew  his  license at the expiration
23    thereof, provided he is then qualified to receive  a  license
24    and the premises for which such renewal license is sought are
25    suitable  for  such  purpose;  and  provided further that the
26    renewal privilege herein provided for shall not be  construed
27    as  a  vested  right which shall in any case prevent the city
28    council or village president and board of trustees or  county
29    board,  as  the  case  may  be, from decreasing the number of
30    licenses to be issued within its jurisdiction. No  retailer's
31    license  shall  be  renewed  if the Department of Revenue has
32    reported to the Illinois Liquor Control Commission that  such
33    retailer  is delinquent in filing any required tax returns or
34    paying any amounts owed to the State of  Illinois  until  the
 
SB745 Engrossed             -974-              LRB9101253EGfg
 1    applicant  is  issued  a  certificate  by  the  Department of
 2    Revenue stating that all delinquent returns or  amounts  owed
 3    have  been  paid  by  guaranteed  remittance  or  the payment
 4    agreement to pay all amounts owed has been  accepted  by  the
 5    Department.  No  retailer's  license issued by a local liquor
 6    control commissioner shall be renewed  unless  the  applicant
 7    provides   documentation   that  any  tax  owed  to  (i)  the
 8    municipality in which the applicant is located (in  the  case
 9    of a license issued by the mayor or president of the board of
10    trustees  of  a  city, village or incorporated town acting as
11    local liquor control commissioner)  or  (ii)  the  county  in
12    which  the  applicant  is  located  (in the case of a license
13    issued by the president or chairman of a county board  acting
14    as  local  liquor  control commissioner) by the applicant has
15    been satisfied by payment in the form of a  cashier's  check,
16    certified check, money order, or cash.
17        A negotiable instrument received as payment for a license
18    fee,   transfer   fee,   late   fee,   offer  in  compromise,
19    pre-disciplinary conference settlement, or  fine  imposed  by
20    order  that  is  dishonored  on  presentation  shall  not  be
21    considered  payment  and  shall  be  cause  for  disciplinary
22    action.
23    (Source: P.A. 89-250, eff. 1-1-96; revised 10-31-98.)

24        (235 ILCS 5/6-11) (from Ch. 43, par. 127)
25        Sec.  6-11.  No  license  shall be issued for the sale at
26    retail of any alcoholic liquor within 100 feet of any church,
27    school  other  than  an  institution  of   higher   learning,
28    hospital,  home for aged or indigent persons or for veterans,
29    their spouses or children or any military or  naval  station,
30    provided,  that  this  prohibition  shall not apply to hotels
31    offering restaurant service, regularly organized clubs, or to
32    restaurants,  food  shops  or  other  places  where  sale  of
33    alcoholic liquors is not the principal business carried on if
 
SB745 Engrossed             -975-              LRB9101253EGfg
 1    the place of  business  so  exempted  is  not  located  in  a
 2    municipality of more than 500,000 persons, unless required by
 3    local ordinance; nor to the renewal of a license for the sale
 4    at  retail of alcoholic liquor on premises within 100 feet of
 5    any church or school where the  church  or  school  has  been
 6    established  within  such  100 feet since the issuance of the
 7    original license.  In the case of a church, the  distance  of
 8    100  feet  shall  be  measured  to  the  nearest  part of any
 9    building used for worship services  or  educational  programs
10    and not to property boundaries.
11        Nothing  in this Section shall prohibit the issuance of a
12    retail license authorizing the sale of alcoholic liquor to  a
13    restaurant,  the  primary  business  of  which is the sale of
14    goods baked on the premises if (i) the  restaurant  is  newly
15    constructed  and  located  on  a  lot of not less than 10,000
16    square feet, (ii) the restaurant costs at least $1,000,000 to
17    construct, (iii) the  licensee  is  the  titleholder  to  the
18    premises   and   resides   on  the  premises,  and  (iv)  the
19    construction of the restaurant is completed within 18  months
20    of the effective date of this amendatory Act of 1998.
21        In  the  interest of further developing Illinois' economy
22    in the area of tourism,  convention,  and  banquet  business,
23    nothing  in  this Section shall prohibit issuance of a retail
24    license authorizing the sale  of  alcoholic  beverages  to  a
25    restaurant,  banquet facility, or hotel having not fewer than
26    150 guest room accommodations located in  a  municipality  of
27    more  than  500,000 persons, notwithstanding the proximity of
28    such hotel, restaurant, or banquet facility to any church  or
29    school, if the licensed premises described on the license are
30    located within an enclosed mall or building of a height of at
31    least  6  stories,  or 60 feet in the case of a building that
32    has been registered as a national  landmark,  and  in  either
33    case  if  the  sale of alcoholic liquors is not the principal
34    business carried on by the licensee license.
 
SB745 Engrossed             -976-              LRB9101253EGfg
 1        For purposes of this Section, a "banquet facility" is any
 2    part of a building that caters to private parties  and  where
 3    the sale of alcoholic liquors is not the principal business.
 4        Nothing  in this Section shall prohibit the issuance of a
 5    license to a church or  private  school  to  sell  at  retail
 6    alcoholic  liquor  if  any  such sales are limited to periods
 7    when groups are assembled on  the  premises  solely  for  the
 8    promotion  of  some  common  object  other  than  the sale or
 9    consumption of alcoholic liquors.
10        Nothing in this Section shall prohibit a church or church
11    affiliated school located in a municipality  with  75,000  or
12    more  inhabitants from locating within 100 feet of a property
13    for which there is a preexisting license  to  sell  alcoholic
14    liquor  at  retail.   In  these  instances,  the local zoning
15    authority may, by ordinance adopted simultaneously  with  the
16    granting  of  an  initial  special  use zoning permit for the
17    church or church affiliated school, provide that the 100-foot
18    restriction in this Section shall not apply to that church or
19    church affiliated school and future retail liquor licenses.
20    (Source: P.A. 89-308,  eff.  1-1-96;  89-709,  eff.  2-14-97;
21    90-617,   eff.   7-10-98;   90-655,   eff.  7-30-98;  revised
22    10-31-98.)

23        (235 ILCS 5/7-1) (from Ch. 43, par. 145)
24        Sec. 7-1.  An applicant for a  retail  license  from  the
25    State  Commission  shall  submit  to  the State Commission an
26    application in writing under oath stating:
27             (1)  The applicant's name and mailing address;
28             (2)  The  name  and  address  of   the   applicant's
29        business;
30             (3)  If  applicable,  the  date of the filing of the
31        "assumed name" of the business with the County Clerk;
32             (4)  In case of a copartnership,  the  date  of  the
33        formation  of the partnership; in the case of an Illinois
 
SB745 Engrossed             -977-              LRB9101253EGfg
 1        corporation, the date of its  incorporation;  or  in  the
 2        case  of  a  foreign  corporation, the State where it was
 3        incorporated and the date of its becoming qualified under
 4        the Business Corporation Act of 1983 to transact business
 5        in the State of Illinois;
 6             (5)  The number, the date of issuance and  the  date
 7        of  expiration  of  the  applicant's current local retail
 8        liquor license;
 9             (6)  The name of the city, village, or  county  that
10        issued the local retail liquor license;
11             (7)  The  name  and  address  of the landlord if the
12        premises are leased;
13             (8)  The date of the applicant's first request for a
14        State liquor license and whether it was  granted,  denied
15        or withdrawn;
16             (9)  The  address  of  the  applicant when the first
17        application for a State liquor license was made;
18             (10)  The applicant's current State  liquor  license
19        number;
20             (11)  The  date  the applicant began liquor sales at
21        his place of business;
22             (12)  The address of the applicant's warehouse if he
23        warehouses liquor;
24             (13)  The  applicant's  Retailer's  Occupation   Tax
25        (ROT) Registration Number;
26             (14)  The applicant's document locater number on his
27        Federal Special Tax Stamp;
28             (15)  Whether  the  applicant  is  delinquent in the
29        payment of the Retailer's Occupational Tax  (Sales  Tax),
30        and if so, the reasons therefor;
31             (16)  Whether  the applicant is delinquent under the
32        cash beer law, and if so, the reasons therefor;
33             (17)  In the case  of  a  retailer,  whether  he  is
34        delinquent  under  the  30 day credit law, and if so, the
 
SB745 Engrossed             -978-              LRB9101253EGfg
 1        reasons therefor;
 2             (18)  In the case of a distributor,  whether  he  is
 3        delinquent  under  the  15 day credit law, and if so, the
 4        reasons therefor;
 5             (19)  Whether the applicant has made an  application
 6        for  a  liquor  license which has been denied, and if so,
 7        the reasons therefor;
 8             (20)  Whether  the  applicant  has  ever   had   any
 9        previous  liquor license suspended or revoked, and if so,
10        the reasons therefor;
11             (21)  Whether the applicant has ever been  convicted
12        of   a  gambling  offense  or  felony,  and  if  so,  the
13        particulars thereof;
14             (22)  Whether  the  applicant  possesses  a  current
15        Federal Wagering Stamp, and if so, the reasons therefor;
16             (23)  Whether the applicant, or  any  other  person,
17        directly  in  his place of business is a public official,
18        and if so, the particulars thereof;
19             (24)  The applicant's  name,  sex,  date  of  birth,
20        social   security  number,  position  and  percentage  of
21        ownership in the business; and the  name,  sex,  date  of
22        birth, social security number, position and percentage of
23        ownership  in  the business of every sole owner, partner,
24        corporate officer, director, manager and any  person  who
25        owns  5%  or more of the shares of the applicant business
26        entity or parent corporations of the  applicant  business
27        entity; and.
28             (25)  That  he has not received or borrowed money or
29        anything else of value, and that he will not  receive  or
30        borrow  money  or  anything  else  of  value  (other than
31        merchandising credit in the ordinary course  of  business
32        for  a  period  not to exceed 90 days as herein expressly
33        permitted  under  Section  6-5   hereof),   directly   or
34        indirectly,  from any manufacturer, importing distributor
 
SB745 Engrossed             -979-              LRB9101253EGfg
 1        or distributor or from any  representative  of  any  such
 2        manufacturer,  importing  distributor or distributor, nor
 3        be a party in any way, directly  or  indirectly,  to  any
 4        violation  by  a  manufacturer,  distributor or importing
 5        distributor of Section 6-6 of this Act.
 6        In addition to any other requirement of this Section,  an
 7    applicant  for  a  special  use  permit license and a special
 8    event  retailer's  license  shall  also  submit   (A)   proof
 9    satisfactory  to  the  Commission  that  the  applicant has a
10    resale number issued  under  Section  2c  of  the  Retailer's
11    Occupation  Tax Act or that the applicant is registered under
12    Section 2a of the Retailer's Occupation Tax  Act,  (B)  proof
13    satisfactory  to  the  Commission  that  the  applicant has a
14    current, valid exemption identification number  issued  under
15    Section  1g  of  the  Retailers'  Occupation  Tax  Act  and a
16    certification  to  the  Commission  that  the   purchase   of
17    alcoholic  liquors  will  be  a tax-exempt purchase, or (C) a
18    statement that the applicant is not registered under  Section
19    2a  of  the  Retailers'  Occupation  Tax Act, does not hold a
20    resale number under Section 2c of the  Retailers'  Occupation
21    Tax  Act, and does not hold an exemption number under Section
22    1g of the Retailers' Occupation Tax Act. The applicant  shall
23    also  submit  proof  of  adequate dram shop insurance for the
24    special event prior to being issued a license.
25        In  addition   to   the   foregoing   information,   such
26    application  shall contain such other and further information
27    as the State Commission and the local commission may, by rule
28    or regulation not inconsistent with law, prescribe.
29        If the applicant reports a felony conviction as  required
30    under  paragraph (21) of this Section, such conviction may be
31    considered by the Commission  in  determining  qualifications
32    for licensing, but shall not operate as a bar to licensing.
33        If  said  application is made in behalf of a partnership,
34    firm, association, club or corporation, then the  same  shall
 
SB745 Engrossed             -980-              LRB9101253EGfg
 1    be  signed by one member of such partnership or the president
 2    or secretary of such corporation or an  authorized  agent  of
 3    said partnership or corporation.
 4        All  other  applications  shall be on forms prescribed by
 5    the State Commission, and which may exclude any of the  above
 6    requirements   which   the   State  Commission  rules  to  be
 7    inapplicable.
 8    (Source: P.A. 89-250,  eff.  1-1-96;  90-596,  eff.  6-24-98;
 9    revised 10-31-98.)

10        (235 ILCS 5/9-12) (from Ch. 43, par. 175.1)
11        Sec.  9-12.   Within  10  days  after  the  filing of any
12    petition under this  Article,  the  official  with  whom  the
13    petition is filed shall prepare, in quintuplicate, the report
14    hereinafter  prescribed.   One  copy shall be kept on file in
15    the official's office, and he shall, by registered mail, send
16    two copies to the Secretary of State, one copy to the  county
17    clerk and one copy to the person who filed the petition.
18        The  official shall make such report substantially in the
19    following form:

20        Report of filing of petition for local option election to
21    be held on .... in .... (name of precinct, etc.).
22    Date of filing ....
23    By whom filed ....
24    Number of signers ....
25    Proposal(s) to be voted upon ....
26                           .... (Official)

27        Immediately upon completion of the canvass of  any  local
28    option    election,    the   official   shall   prepare,   in
29    quadruplicate, a report of the election result as hereinafter
30    prescribed and shall keep one copy on file in his office and,
31    within 10 days after the canvass, shall, by registered  mail,
32    send two copies to the Secretary of State and one copy to the

 
SB745 Engrossed             -981-              LRB9101253EGfg
 1    county clerk.  The report shall be substantially as follows:

 2        Report  of  local  option  election  held on .... in ....
 3    (name of precinct, etc.) upon the following proposal(s) ....
 4                      Number voting "YES" ....
 5                      Number voting "NO"  ....
 6                           .... (Official)

 7        The  official  shall  sign  each  copy  of  every  report
 8    required by this Section.,
 9        The Secretary of State and the county clerk shall keep on
10    file in their offices, available for inspection,  any  report
11    received by him pursuant to this Section.
12    (Source: P.A. 82-783; revised 10-31-98.)

13        (235 ILCS 5/10-8) (from Ch. 43, par. 190)
14        Sec.  10-8.   Whenever  complaint  is  made  in  writing,
15    verified  by  affidavit,  to  any judge of the circuit court,
16    that complainant has just and reasonable grounds  to  believe
17    and  does  believe  that  alcoholic  liquor  is manufactured,
18    possessed, kept for sale, used or transported,  in  violation
19    of  this  Act,  or any mash, still or other property designed
20    for the manufacture of alcoholic liquor is possessed  in  any
21    premises  which  are  not  licensed  hereunder, (particularly
22    describing and designating such property in  the  complaint),
23    the judge may issue a search warrant as hereinafter provided;
24    provided,  however,  no search warrant shall be necessary for
25    the inspection or search of any premises licensed under  this
26    Act,  and  provided, further, that no search warrant shall be
27    issued for the  search  of  premises  in  use  for  residence
28    purposes.   The property seized on any such warrant shall not
29    be taken from the officer seizing the same on  any  order  of
30    replevin or other like process.
31        Each  complaint  shall  be substantially in the following
32    form:
 
SB745 Engrossed             -982-              LRB9101253EGfg
 1    State of Illinois,)
 2                      ) ss.
 3    County of Cook.   )
 4                    Complaint for Search Warrant.
 5        The  complaint   and   affidavit   of   ....   (name   of
 6    complainant), of .... (his residence), made before .... (name
 7    of  officer)  one of the .... (official title of officer), in
 8    and for the .... (county, city or village, as  the  case  may
 9    be),  on  (insert  date),  this  .... day of .... 19.., being
10    first duly sworn, upon his oath says: That he  has  just  and
11    reasonable   grounds   to  believe,  and  does  believe  that
12    alcoholic liquor is now unlawfully (manufactured,  possessed,
13    used,  disposed  of  or  kept for sale, or any mash, still or
14    other  property  designed  for  the  illegal  manufacture  of
15    alcoholic liquor is possessed therein, as the case  may  be),
16    to-wit:   At  and  within  a  certain .... (here describe the
17    house, building, premises, boat, vehicle, receptacle or other
18    place to be searched, with particulars  as  to  the  location
19    sufficiently  to  identify it, stating the name of the person
20    occupying the same, if known), in the .... (city, village  or
21    town  of)  ....,  in the county and state set out above; that
22    the following are the reasons for his or her  belief,  to-wit
23    .... (here insert the facts upon which such belief is based).
24    Wherefore  complainant  prays that a search warrant may issue
25    according to law.
26                                      ...........................
27                                      (Signature of complainant.)
28        Subscribed and Sworn to before me on (insert date).  this
29    .... day of .... 19...
30                                     ............................
31                                               (Name of officer.)
32                                     ............................
33                                     (Official title of officer.)
34    (Source: P.A. 83-346; revised 10-20-98.)
 
SB745 Engrossed             -983-              LRB9101253EGfg
 1        Section  167.   The Safety Deposit License Act is amended
 2    by changing Sections 1 and 4 as follows:

 3        (240 ILCS 5/1) (from Ch. 17, par. 1451)
 4        Sec. 1. For the purposes of this Act:;
 5        "Person"  means  any   individual,   firm,   corporation,
 6    association, trust or other association of individuals.
 7        "Director"  means  the  Director  of  the  Department  of
 8    Financial Institutions of the State of Illinois.
 9    (Source: Laws 1967, p. 1668; revised 10-31-98.)

10        (240 ILCS 5/4) (from Ch. 17, par. 1454)
11        Sec.  4.  Application  for a license shall be made to the
12    Director upon a form furnished by him.
13        The application shall contain the  following  information
14    and  the information required by Sections 5 to 10, inclusive,
15    which shall be sworn to and notarized:;
16        1.  The name  under  which  applicant  will  conduct  his
17    business.
18        2.  Identity  of  applicant, whether corporation, general
19    partnership, limited or special partnership,  common  law  or
20    business trust, or a sole proprietorship.
21        3.  Date of organization of business.
22        4.  Address  at  which  the business will be conducted if
23    licensed.
24        5.  Full name and address of owners and holders of  title
25    to premises in which business is to be conducted.
26        6.  If applicant is a successor to the business for which
27    license  is  being  applied  for,  the names and addresses of
28    predecessors and the date the business was  acquired  by  the
29    applicant.
30        7.  Whether the applicant or any persons interested in or
31    associated  with the applicant are interested either directly
32    or indirectly in the same or a similar business  as  that  of
 
SB745 Engrossed             -984-              LRB9101253EGfg
 1    the  applicant  at  any  place or location other than the one
 2    located  at  the  address  stated  for  which  a  license  is
 3    requested.  If  such  relationship  exists,  the  names   and
 4    addresses of the other persons.
 5        8.  Information  as  to  any other license, either local,
 6    county,  state  or  federal,  that  applicant  now  holds  in
 7    connection with the operation or conduct of the business  for
 8    which application is now being made for license.
 9        9.  Detailed description of kind, number and character of
10    boxes,  safes  or  other facilities to be offered or used for
11    safekeeping purposes.
12        10.  Full name and  address  of  manager  of  applicant's
13    business.
14        11.  Whether  the  applicant  under  the present business
15    name or any former name has ever been denied  a  license,  or
16    has  had  suspended, cancelled or revoked any license for the
17    conduct or operation of the business of keeping  and  letting
18    of  safety  deposit  boxes, safes, vaults or other facilities
19    under any statute of the State of  Illinois  or  law  of  any
20    local or governmental agency providing for the regulation and
21    licensing of any such business.
22        12.  The application shall, if made by a sole proprietor,
23    be signed by the proprietor, if made by a partnership by each
24    of the partners, and if made by a corporation, business trust
25    or other legal entity by two officers or trustees thereof.
26    (Source: Laws 1967, p. 1668; revised 10-31-98.)

27        Section  168.  The Illinois Public Aid Code is amended by
28    changing Sections 3-10.1, 4-8, 5-5.3, 5-5.4a, 5-11.1,  10-10,
29    10-16.2, 11-16, 11-20, and 11-22 as follows:

30        (305 ILCS 5/3-10.1) (from Ch. 23, par. 3-10.1)
31        Sec.  3-10.1.  Execution  of  notice of lien.  The County
32    Department of the county in which the recipient resides shall
 
SB745 Engrossed             -985-              LRB9101253EGfg
 1    execute a notice of lien which shall  contain  the  name  and
 2    address   of  the  recipient,  a  legal  description  of  the
 3    property, the fact that a lien is being claimed for aid  paid
 4    under  this  Article,  and  such  other  information  as  the
 5    Illinois Department may by rule prescribe.
 6        The  notice  shall designate the County Superintendent of
 7    Public Aid in his official capacity, and  his  successors  in
 8    office,  as  the  holder of the lien and shall be executed by
 9    the County Superintendent,  in  his  official  capacity,  and
10    shall be acknowledged substantially in the following form:
11        "State  of  Illinois, County of (name of county): I (give
12    name of the officer and  his  official  title)  certify  that
13    (name  and  official  title  of superintendent of public aid)
14    personally known to me to be the same person  whose  name  is
15    subscribed  to  the  foregoing instrument, appeared before me
16    this day in  person  and  acknowledged  that  he  signed  the
17    instrument  as  required  of him by law, for the uses therein
18    set forth."
19        "Dated (insert date). 19
20        ...............................
21        Signature of officer (Seal)."
22    (Source: P.A. 84-550; revised 10-20-98.)

23        (305 ILCS 5/4-8) (from Ch. 23, par. 4-8)
24        Sec. 4-8. Mismanagement of assistance grant.
25        (a)  If the County Department has reason to believe  that
26    the money payment for basic maintenance is not being used, or
27    may  not  be used, in the best interests of the child and the
28    family and that there is present or potential damage  to  the
29    standards of health and well-being that the grant is intended
30    to  assure, the County Department shall provide the parent or
31    other relative with the counseling and guidance services with
32    respect to the use of the grant and the management  of  other
33    funds  available  to  the family as may be required to assure
 
SB745 Engrossed             -986-              LRB9101253EGfg
 1    use of the grant in the  best  interests  of  the  child  and
 2    family.   The  Illinois  Department  shall  by rule prescribe
 3    criteria   which   shall   constitute   evidence   of   grant
 4    mismanagement.  The criteria shall include but not be limited
 5    to the following:
 6             (1)  A determination that a child in the  assistance
 7        unit  is  not  receiving  proper and necessary support or
 8        other care for which assistance is being  provided  under
 9        this Code.
10             (2)  A   record  establishing  that  the  parent  or
11        relative has been found guilty of public assistance fraud
12        under Article VIIIA.
13             (3)  A  determination  by  an  appropriate   person,
14        entity,  or  agency  that  the  parent  or other relative
15        requires treatment for alcohol or substance abuse, mental
16        health services, or other special care or treatment.
17        The Department shall at  least  consider  non-payment  of
18    rent   for  two  consecutive  months  as  evidence  of  grant
19    mismanagement by a parent or relative of a recipient  who  is
20    responsible  for  making  rental  payments for the housing or
21    shelter  of  the  child  or  family,  unless  the  Department
22    determines  that  the  non-payment  is  necessary   for   the
23    protection of the health and well-being of the recipient. The
24    County  Department  shall advise the parent or other relative
25    grantee that  continued  mismanagement  will  result  in  the
26    application  of  one  of  the  sanctions  specified  in  this
27    Section.
28        The  Illinois  Department shall consider irregular school
29    attendance by children of school age grades 1 through  8,  as
30    evidence  of  lack  of  proper and necessary support or care.
31    The Department may extend this consideration to  children  in
32    grades higher than 8.
33        The Illinois Department shall develop preventive programs
34    in  collaboration  with school and social service networks to
 
SB745 Engrossed             -987-              LRB9101253EGfg
 1    encourage school attendance of children receiving  assistance
 2    under Article IV.  To the extent that Illinois Department and
 3    community  resources  are available, the programs shall serve
 4    families whose  children  in  grades  1  through  8  are  not
 5    attending  school  regularly,  as defined by the school.  The
 6    Department  may  extend  these  programs  to  families  whose
 7    children are in grades higher than  8.   The  programs  shall
 8    include  referrals  from  the  school  to  a  social  service
 9    network,  assessment and development of a service plan by one
10    or   more   network   representatives,   and   the   Illinois
11    Department's encouragement of the family  to  follow  through
12    with  the  service  plan.   Families  that fail to follow the
13    service plan as determined by the service provider, shall  be
14    subject  to the protective payment provisions of this Section
15    and Section 4-9 of this Code.
16        Families for whom a protective payment plan has  been  in
17    effect  for  at  least  3  months  and  whose school children
18    continue  to  regularly  miss  school  shall  be  subject  to
19    sanction under Section 4-21.   The  sanction  shall  continue
20    until  the  children  demonstrate satisfactory attendance, as
21    defined by the school.  To the extent necessary to  implement
22    this  Section, the Illinois Department shall seek appropriate
23    waivers of federal requirements from the U.S.  Department  of
24    Health and Human Services.
25        The  Illinois  Department  may  implement  the amendatory
26    changes to this Section made by this amendatory Act  of  1995
27    through  the  use  of  emergency rules in accordance with the
28    provisions of Section 5-45  of  the  Illinois  Administrative
29    Procedure  Act.   For purposes of the Illinois Administrative
30    Procedure  Act,  the  adoption  of  rules  to  implement  the
31    amendatory changes to this Section made  by  this  amendatory
32    Act  of  1995  shall be deemed an emergency and necessary for
33    the public interest, safety, and welfare.
34        (b)  In areas of the State where  clinically  appropriate
 
SB745 Engrossed             -988-              LRB9101253EGfg
 1    substance abuse treatment capacity is available, if the local
 2    office  has  reason  to  believe that a caretaker relative is
 3    experiencing substance abuse, the local  office  shall  refer
 4    the  caretaker  relative to a licensed treatment provider for
 5    assessment.  If the assessment indicates that  the  caretaker
 6    relative  is  experiencing  substance abuse, the local office
 7    shall require the  caretaker  relative  to  comply  with  all
 8    treatment  recommended  by  the assessment.  If the caretaker
 9    relative refuses without good cause, as determined  by  rules
10    of  the  Illinois  Department, to submit to the assessment or
11    treatment, the caretaker relative  shall  be  ineligible  for
12    assistance,  and  the  local office shall take one or more of
13    the following actions:
14             (i)  If there is another family member or friend who
15        is ensuring that the family's needs are being  met,  that
16        person,  if  willing,  shall  be  assigned  as protective
17        payee.
18             (ii)  If there is no family member or  close  friend
19        to  serve  as  protective  payee,  the local office shall
20        provide for a protective payment to a substitute payee as
21        provided  in  Section  4-9.  The  Department  also  shall
22        determine whether if a  referral  to  the  Department  of
23        Children   and  Family  Services  is  warranted  and,  if
24        appropriate, shall make the referral.
25             (iii)  The Department shall contact  the  individual
26        who  is  thought  to  be experiencing substance abuse and
27        explain why the protective payee has  been  assigned  and
28        refer the individual to treatment.
29        (c)  This  subsection  (c)  applies  to  cases other than
30    those described in subsection (b).  If the efforts to correct
31    the mismanagement  of  the  grant  have  failed,  the  County
32    Department,  in  accordance with the rules and regulations of
33    the Illinois Department, shall initiate one or  more  of  the
34    following actions:
 
SB745 Engrossed             -989-              LRB9101253EGfg
 1             1.  Provide for a protective payment to a substitute
 2        payee,  as  provided  in Section 4-9.  This action may be
 3        initiated for any  assistance  unit  containing  a  child
 4        determined  to be neglected by the Department of Children
 5        and Family Services under the Abused and Neglected  Child
 6        Reporting  Act,  and  in  any  case involving a record of
 7        public assistance fraud.
 8             2.  Provide for issuance of all or part of the grant
 9        in the form of disbursing orders.   This  action  may  be
10        initiated  in  any  case  involving  a  record  of public
11        assistance fraud, or upon the  request  of  a  substitute
12        payee designated under Section 4-9.
13             3.  File  a petition under the Juvenile Court Act of
14        1987 for an Order of Protection  under  Section  Sections
15        2-25,  2-26,  3-26, and 3-27, 4-23, 4-24, 5-730, or 5-735
16        of that Act.
17             4.  Institute a proceeding under the Juvenile  Court
18        Act  of  1987  for the appointment of a guardian or legal
19        representative for the purpose of receiving and  managing
20        the public aid grant.
21             5.  If the mismanagement of the grant, together with
22        other  factors, has have rendered the home unsuitable for
23        the best welfare of the child, file  a  neglect  petition
24        under  the  Juvenile  Court  Act  of 1987, requesting the
25        removal of the child or children.
26    (Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97;  90-249,
27    eff.  1-1-98;  90-590,  eff.  1-1-99;  90-655,  eff. 7-30-98;
28    revised 10-31-98.)

29        (305 ILCS 5/5-5.3) (from Ch. 23, par. 5-5.3)
30        Sec. 5-5.3.  Conditions of Payment - Prospective Rates  -
31    Accounting   Principles.   This  amendatory  Act  establishes
32    certain conditions  for  the  Department  of  Public  Aid  in
33    instituting  rates  for  the  care  of  recipients of medical
 
SB745 Engrossed             -990-              LRB9101253EGfg
 1    assistance in skilled  nursing  facilities  and  intermediate
 2    care facilities.  Such conditions shall assure a method under
 3    which  the  payment for skilled nursing and intermediate care
 4    services, provided to recipients under the Medical Assistance
 5    Program shall be on a reasonable cost related basis, which is
 6    prospectively determined annually by the Department of Public
 7    Aid. The annually established payment rate shall take  effect
 8    on  July  1  in 1984 and subsequent years.  There shall be no
 9    rate increase during calendar year 1983  and  the  first  six
10    months of calendar year 1984.
11        The  determination  of  the  payment shall be made on the
12    basis of generally accepted accounting principles that  shall
13    take  into  account  the  actual  costs  to  the  facility of
14    providing skilled nursing and intermediate care  services  to
15    recipients under the medical assistance program.
16        The  resultant total rate for a specified type of service
17    shall be an amount which shall have  been  determined  to  be
18    adequate  to reimburse  allowable costs of a facility that is
19    economically and efficiently operated.  The Department  shall
20    establish an effective date for each facility or group groups
21      of  facilities  after  which  rates  shall  be  paid  on  a
22    reasonable  cost  related basis which shall be no sooner than
23    the effective date of this amendatory Act of 1977.
24    (Source: P.A. 83-17; revised 10-31-98.)

25        (305 ILCS 5/5-5.4a)
26        Sec.  5-5.4a.  Intermediate   Care   Facility   for   the
27    Developmentally Disabled; bed reserve payments.
28        The  Department  of  Public Aid shall promulgate rules by
29    October 1, 1993 which  establish  a  policy  of  bed  reserve
30    payments    to   Intermediate   Care   Facilities   for   the
31    Developmentally  Disabled  which  addresses  the   needs   of
32    residents   of   Intermediate   Care   Facilities   for   the
33    Developmentally Disabled (ICF/DD) and their families.
 
SB745 Engrossed             -991-              LRB9101253EGfg
 1        (a)  When a resident of an Intermediate Care Facility for
 2    the  Developmentally  Disabled  (ICF/DD)  is  absent from the
 3    ICF/DD in which he or she is they are a resident for purposes
 4    of physician authorized in-patient admission to  a  hospital,
 5    the  Department's rules shall, at a minimum, provide provided
 6    (1) bed reserve payments at a daily rate which is 100% of the
 7    client's current per diem rate, for a period not exceeding 10
 8     ten consecutive days; (2) bed reserve payments  at  a  daily
 9    rate  which is 75% of a client's current per diem rate, for a
10    period which exceeds 10 ten consecutive  days  but  does  not
11    exceed  30  thirty  consecutive  days;  and  (3)  bed reserve
12    payments at a daily rate which is 50% of a  client's  current
13    per  diem  rate for a period which exceeds thirty consecutive
14    days but does not exceed 45 forty-five consecutive days.
15        (b)  When a resident of an Intermediate Care Facility for
16    the Developmentally Disabled  (ICF/DD)  is  absent  from  the
17    ICF/DD in which he or she is they are a resident for purposes
18    of  a  home visit with a family member the Department's rules
19    shall, at a minimum, provide (1) bed reserve  payments  at  a
20    rate which is 100% of a client's current per diem rate, for a
21    period  not  exceeding 10 ten days per State fiscal year; and
22    (2) bed reserve payments at a rate which is 75% of a client's
23    current per diem rate, for a period which exceeds 10 ten days
24    per State fiscal year but does not exceed 30 thirty days  per
25    State fiscal year.
26        (c)  No  Department  rule  regarding bed reserve payments
27    shall require an ICF/DD to have  a  specified  percentage  of
28    total  facility  occupancy as a requirement for receiving bed
29    reserve payments.
30        This Section 5-5.4a shall not apply to any State operated
31    facilities.
32    (Source: P.A. 88-247; revised 10-31-98.)

33        (305 ILCS 5/5-11.1)
 
SB745 Engrossed             -992-              LRB9101253EGfg
 1        Sec. 5-11.1.  Cooperative  arrangements;  contracts  with
 2    other   State   agencies,   health  care  and  rehabilitation
 3    organizations,  and  fiscal  intermediaries.   The   Illinois
 4    Department may enter into cooperative arrangements with State
 5    agencies  responsible  for  administering  or supervising the
 6    administration   of   health    services    and    vocational
 7    rehabilitation  services  to  maximize  utilization  of these
 8    services in the provision of medical assistance.
 9        The Illinois Department shall, not later  than  June  30,
10    1994,  enter  into  one or more cooperative arrangements with
11    the   Department   of   Mental   Health   and   Developmental
12    Disabilities providing that the Department of  Mental  Health
13    and   Developmental  Disabilities  will  be  responsible  for
14    administering or supervising all  programs  for  services  to
15    persons  in community care facilities for persons with mental
16    illness, including  but  not  limited  to  intermediate  care
17    facilities,  that  are supported by State funds or by funding
18    under Title XIX of the federal  Social  Security  Act.    The
19    responsibilities  of  the  Department  of  Mental  Health and
20    Developmental  Disabilities  under   these   agreements   are
21    transferred  to  the Department of Human Services as provided
22    in the Department of Human Services Act.
23        The Department may also contract with  State  health  and
24    rehabilitation  agencies  and  other public or private health
25    care and  rehabilitation  organizations  to  act  for  it  in
26    supplying  designated  medical  services  to persons eligible
27    under this Section.  Any contracts with  health  services  or
28    health  maintenance  organizations  shall  be  restricted  to
29    organizations   which   have   been  certified  as  being  in
30    compliance with standards promulgated under the laws of  this
31    State  governing  the  establishment  and operation of health
32    services or health maintenance organizations. The  Department
33    may also contract with insurance companies or other corporate
34    entities  serving  as fiscal intermediaries in this State for
 
SB745 Engrossed             -993-              LRB9101253EGfg
 1    the federal government in respect to Medicare payments  under
 2    Title XVIII of the federal Social Security Act to act for the
 3    Department in paying medical care suppliers.  Nothing in this
 4    Section   shall   be   construed  to  abrogate  any  existing
 5    doctor/patient  relationships  with  Illinois  Department  of
 6    Public Aid recipients or the free choice of clients or  their
 7    guardians to select a physician to provide medical care.  The
 8    provisions   of   Section   9   of   the  State  Finance  Act
 9    notwithstanding, such contracts with  State  agencies,  other
10    health  care  and  rehabilitation  organizations,  or  fiscal
11    intermediaries may provide for advance payments.
12    (Source: P.A. 88-388; 89-507, eff. 7-1-97; revised 10-31-98.)

13        (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
14        Sec.  10-10.   Court  enforcement;  applicability also to
15    persons who are not applicants or recipients.   Except  where
16    the  Illinois  Department,  by  agreement, acts for the local
17    governmental unit,  as  provided  in  Section  10-3.1,  local
18    governmental  units shall refer to the State's Attorney or to
19    the proper legal representative of the governmental unit, for
20    judicial  enforcement  as  herein  provided,   instances   of
21    non-support  or  insufficient support when the dependents are
22    applicants or recipients under Article  VI.   The  Child  and
23    Spouse   Support  Unit  established  by  Section  10-3.1  may
24    institute in behalf of the Illinois  Department  any  actions
25    under  this  Section  for judicial enforcement of the support
26    liability  when  the  dependents  are   (a)   applicants   or
27    recipients under Articles III, IV, V or VII (b) applicants or
28    recipients  in  a  local  governmental unit when the Illinois
29    Department,  by  agreement,  acts  for  the  unit;   or   (c)
30    non-applicants  or  non-recipients  who are receiving support
31    enforcement services under this Article  X,  as  provided  in
32    Section  10-1.  Where  the  Child and Spouse Support Unit has
33    exercised  its  option  and  discretion  not  to  apply   the
 
SB745 Engrossed             -994-              LRB9101253EGfg
 1    provisions  of Sections 10-3 through 10-8, the failure by the
 2    Unit to apply such provisions shall not be a bar to  bringing
 3    an action under this Section.
 4        Action  shall  be  brought in the circuit court to obtain
 5    support, or for the recovery of aid granted during the period
 6    such support was not provided, or both for the obtainment  of
 7    support  and  the  recovery of the aid provided.  Actions for
 8    the recovery of aid may be taken separately or  they  may  be
 9    consolidated  with  actions  to obtain support.  Such actions
10    may be brought in the name of the person or persons requiring
11    support, or may be  brought  in  the  name  of  the  Illinois
12    Department  or  the  local  governmental  unit,  as  the case
13    requires, in behalf of such persons.
14        The court may enter such orders for the payment of moneys
15    for the support of the person as may be  just  and  equitable
16    and  may direct payment thereof for such period or periods of
17    time as the circumstances require, including  support  for  a
18    period before the date the order for support is entered.  The
19    order  may  be  entered  against  any or all of the defendant
20    responsible relatives and may be based upon the proportionate
21    ability of each to contribute to the person's support.
22        The Court shall determine the  amount  of  child  support
23    (including  child  support  for  a period before the date the
24    order for child support is entered) by using  the  guidelines
25    and  standards set forth in subsection (a) of Section 505 and
26    in Section 505.2 of the Illinois Marriage and Dissolution  of
27    Marriage Act. For purposes of determining the amount of child
28    support to be paid for a period before the date the order for
29    child  support  is entered, there is a rebuttable presumption
30    that the responsible relative's net income  for  that  period
31    was  the  same as his or her net income at the time the order
32    is entered.
33        An order entered  under  this  Section  shall  include  a
34    provision  requiring the obligor to report to the obligee and
 
SB745 Engrossed             -995-              LRB9101253EGfg
 1    to the clerk of court within 10 days each  time  the  obligor
 2    obtains   new   employment,   and  each  time  the  obligor's
 3    employment is terminated for any reason. The report shall  be
 4    in  writing and shall, in the case of new employment, include
 5    the name and address of the new employer. Failure  to  report
 6    new  employment  or the termination of current employment, if
 7    coupled with nonpayment of support for a period in excess  of
 8    60  days,  is  indirect  criminal  contempt.  For any obligor
 9    arrested for failure to report new employment bond  shall  be
10    set  in the amount of the child support that should have been
11    paid during the period of unreported  employment.   An  order
12    entered  under  this  Section  shall also include a provision
13    requiring the obligor and  obligee  parents  to  advise  each
14    other  of  a  change in residence within 5 days of the change
15    except when the court finds that  the  physical,  mental,  or
16    emotional  health  of  a  party  or that of a minor child, or
17    both, would be seriously  endangered  by  disclosure  of  the
18    party's address.
19        The Court shall determine the amount of maintenance using
20    the  standards  set  forth  in  Section  504  of the Illinois
21    Marriage and Dissolution of Marriage Act.
22        Any new or existing support order entered  by  the  court
23    under  this  Section  shall  be  deemed  to  be  a  series of
24    judgments  against  the  person  obligated  to  pay   support
25    thereunder,  each  such  judgment to be in the amount of each
26    payment or installment of support and each such  judgment  to
27    be deemed entered as of the date the corresponding payment or
28    installment becomes due under the terms of the support order.
29    Each  such  judgment  shall  have  the full force, effect and
30    attributes of any other judgment of this State, including the
31    ability to be enforced.  Any  such  judgment  is  subject  to
32    modification  or  termination only in accordance with Section
33    510 of the Illinois Marriage and Dissolution of Marriage Act.
34    A lien arises by  operation  of  law  against  the  real  and
 
SB745 Engrossed             -996-              LRB9101253EGfg
 1    personal   property  of  the  noncustodial  parent  for  each
 2    installment of  overdue  support  owed  by  the  noncustodial
 3    parent.
 4        When  an order is entered for the support of a minor, the
 5    court may provide therein for reasonable  visitation  of  the
 6    minor  by the person or persons who provided support pursuant
 7    to the order.  Whoever willfully refuses to comply with  such
 8    visitation order or willfully interferes with its enforcement
 9    may be declared in contempt of court and punished therefor.
10        Except where the local governmental unit has entered into
11    an  agreement  with the Illinois Department for the Child and
12    Spouse Support Unit to act for it,  as  provided  in  Section
13    10-3.1,   support  orders  entered  by  the  court  in  cases
14    involving applicants or recipients  under  Article  VI  shall
15    provide  that  payments  thereunder  be  made directly to the
16    local governmental unit.  Orders for the support of all other
17    applicants  or  recipients  shall   provide   that   payments
18    thereunder  be  made  directly to the Illinois Department. In
19    accordance with federal law  and  regulations,  the  Illinois
20    Department   may  continue  to  collect  current  maintenance
21    payments or child support  payments,  or  both,  after  those
22    persons   cease   to  receive  public  assistance  and  until
23    termination  of  services  under  Article  X.   The  Illinois
24    Department shall  pay  the  net  amount  collected  to  those
25    persons  after  deducting  any  costs  incurred in making the
26    collection or any collection  fee  from  the  amount  of  any
27    recovery  made.   In  both  cases  the order shall permit the
28    local governmental unit or the Illinois  Department,  as  the
29    case  may be, to direct the responsible relative or relatives
30    to make support payments directly to the needy person, or  to
31    some  person  or  agency  in  his behalf, upon removal of the
32    person from the public  aid  rolls  or  upon  termination  of
33    services under Article X.
34        If  the  notice of support due issued pursuant to Section
 
SB745 Engrossed             -997-              LRB9101253EGfg
 1    10-7 directs that support payments be made  directly  to  the
 2    needy  person, or to some person or agency in his behalf, and
 3    the recipient is removed from the  public  aid  rolls,  court
 4    action   may   be  taken  against  the  responsible  relative
 5    hereunder if he fails to furnish support in  accordance  with
 6    the terms of such notice.
 7        Actions  may also be brought under this Section in behalf
 8    of any person who is in  need  of  support  from  responsible
 9    relatives,  as  defined  in Section 2-11 of Article II who is
10    not an applicant for or recipient of financial aid under this
11    Code.  In such instances, the State's Attorney of the  county
12    in  which  such person resides shall bring action against the
13    responsible relatives hereunder.  If the Illinois Department,
14    as authorized by Section 10-1, extends the  support  services
15    provided  by  this  Article to spouses and dependent children
16    who are not applicants or recipients  under  this  Code,  the
17    Child  and  Spouse Support Unit established by Section 10-3.1
18    shall  bring  action  against   the   responsible   relatives
19    hereunder and any support orders entered by the court in such
20    cases shall provide that payments thereunder be made directly
21    to the Illinois Department.
22        Whenever it is determined in a proceeding to establish or
23    enforce  a  child  support or maintenance obligation that the
24    person owing a duty of support is unemployed, the  court  may
25    order  the  person to seek employment and report periodically
26    to the court with a diary, listing or other memorandum of his
27    or her efforts in accordance with such order.   Additionally,
28    the  court  may  order the unemployed person to report to the
29    Department of Employment Security for job search services  or
30    to  make application with the local Jobs Training Partnership
31    Act provider for participation in  job  search,  training  or
32    work  programs  and  where  the  duty of support is owed to a
33    child receiving support services under this  Article  X,  the
34    court  may  order  the  unemployed  person  to  report to the
 
SB745 Engrossed             -998-              LRB9101253EGfg
 1    Illinois Department for participation in job search, training
 2    or work programs established under Section  9-6  and  Article
 3    IXA of this Code.
 4        Whenever  it  is  determined  that a person owes past-due
 5    support for a child receiving assistance under this Code, the
 6    court shall order at the request of the Illinois Department:
 7             (1)  that the person pay  the  past-due  support  in
 8        accordance with a plan approved by the court; or
 9             (2)  if   the   person  owing  past-due  support  is
10        unemployed, is  subject  to  such  a  plan,  and  is  not
11        incapacitated,  that  the  person participate in such job
12        search, training,  or  work  programs  established  under
13        Section  9-6  and  Article  IXA of this Code as the court
14        deems appropriate.
15        A  determination  under  this  Section   shall   not   be
16    administratively  reviewable  by  the procedures specified in
17    Sections 10-12, and 10-13  to  10-13.10.   Any  determination
18    under these Sections, if made the basis of court action under
19    this   Section,   shall  not  affect  the  de  novo  judicial
20    determination required under this Section.
21        A one-time charge of 20% is imposable upon the amount  of
22    past-due child support owed on July 1, 1988 which has accrued
23    under a support order entered by the court.  The charge shall
24    be imposed in accordance with the provisions of Section 10-21
25    of  this  Code  and  shall  be  enforced  by  the  court upon
26    petition.
27        All orders for support, when entered or  modified,  shall
28    include  a  provision  requiring  the non-custodial parent to
29    notify the court and, in cases in which a party is  receiving
30    child  and  spouse support services under this Article X, the
31    Illinois Department, within 7 days, (i) of the name, address,
32    and telephone number of any new employer of the non-custodial
33    parent, (ii) whether the non-custodial parent has  access  to
34    health insurance coverage through the employer or other group
 
SB745 Engrossed             -999-              LRB9101253EGfg
 1    coverage and, if so, the policy name and number and the names
 2    of  persons  covered  under  the policy, and (iii) of any new
 3    residential or mailing address or  telephone  number  of  the
 4    non-custodial  parent.  In any subsequent action to enforce a
 5    support order, upon a  sufficient  showing  that  a  diligent
 6    effort  has  been  made  to  ascertain  the  location  of the
 7    non-custodial parent, service  of  process  or  provision  of
 8    notice  necessary  in  the case may be made at the last known
 9    address of the non-custodial parent in any  manner  expressly
10    provided  by  the Code of Civil Procedure or this Code, which
11    service shall be sufficient for purposes of due process.
12    in accordance with the Income Withholding for Support Act
13        An order for support shall include a date  on  which  the
14    current  support obligation terminates.  The termination date
15    shall be no earlier than the date on which the child  covered
16    by  the order will attain the age of majority or is otherwise
17    emancipated.  The order for  support  shall  state  that  the
18    termination  date  does  not  apply to any arrearage that may
19    remain unpaid on that date.  Nothing in this paragraph  shall
20    be construed to prevent the court from modifying the order.
21        Upon   notification   in   writing   or   by   electronic
22    transmission from the Illinois Department to the clerk of the
23    court  that  a person who is receiving support payments under
24    this Section is receiving services under  the  Child  Support
25    Enforcement  Program  established by Title IV-D of the Social
26    Security Act, any support payments subsequently  received  by
27    the  clerk  of  the  court shall be transmitted in accordance
28    with the instructions of the Illinois  Department  until  the
29    Illinois Department gives notice to the clerk of the court to
30    cease  the  transmittal.  After  providing  the  notification
31    authorized  under  this  paragraph,  the  Illinois Department
32    shall be entitled  as  a  party  to  notice  of  any  further
33    proceedings in the case.  The clerk of the court shall file a
34    copy  of  the Illinois Department's notification in the court
 
SB745 Engrossed             -1000-             LRB9101253EGfg
 1    file.    The  clerk's  failure  to  file  a   copy   of   the
 2    notification in the court file shall not, however, affect the
 3    Illinois  Department's  right  to  receive  notice of further
 4    proceedings.
 5        Payments under this Section to  the  Illinois  Department
 6    pursuant to the Child Support Enforcement Program established
 7    by  Title  IV-D of the Social Security Act shall be paid into
 8    the Child Support Enforcement Trust Fund. All other  payments
 9    under  this  Section  to  the  Illinois  Department  shall be
10    deposited in the Public  Assistance  Recoveries  Trust  Fund.
11    Disbursements  from  these  funds  shall  be  as  provided in
12    Sections 12-9 and 12-10.2 of this Code. Payments received  by
13    a  local  governmental unit shall be deposited in that unit's
14    General Assistance Fund.
15    (Source:  P.A.  90-18,  eff.  7-1-97;  90-539,  eff.  6-1-98;
16    90-655, eff.  7-30-98;  90-673,  eff.  1-1-99;  90-790,  eff.
17    8-14-98; revised 9-14-98.)

18        (305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
19        Sec. 10-16.2.  Withholding of Income to Secure Payment of
20    Support.  Orders  for  support  entered  under  this Code are
21    subject to the Income Withholding for Support Act.
22        (2.5)  "Business day" means a day on which State  offices
23    are open for  regular business.
24             (a-5)  State  the  date  of  entry  of the order for
25        support upon which   the  income  withholding  notice  is
26        based; and ; and
27             (k)  Contain  the  signature of the obligee or   the
28        printed name  and  telephone  number  of  the  authorized
29        representative  of  the  public  office,  except that the
30        failure to contain the signature of the  obligee  or  the
31        printed  name  and  telephone  number  of  the authorized
32        representative of the public office shall not  affect the
33        validity of the income withholding  notice. A copy of the
 
SB745 Engrossed             -1001-             LRB9101253EGfg
 1        income withholding notice together with  A  copy  of  the
 2        income  withholding  notice  together  with  a  proof  of
 3        service on  the other payor shall be filed with the Clerk
 4        of the Circuit Court.
 5        (9)  income notice income notice income notice
 6    (Source: P.A.   89-507,  eff.  7-1-97;  90-18,  eff.  7-1-97;
 7    90-425, eff. 8-15-97;  90-655,  eff.  7-30-98;  90-673,  eff.
 8    1-1-99; 90-790, eff. 8-14-98; revised 9-14-98.)

 9        (305 ILCS 5/11-16) (from Ch. 23, par. 11-16)
10        Sec.    11-16.  Changes    in    grants;   cancellations,
11    revocations, suspensions.
12        (a)  All grants of financial aid under this Code shall be
13    considered as frequently as may be required by the  rules  of
14    the  Illinois  Department. After such investigation as may be
15    necessary, the amount and manner of giving aid may be changed
16    or  the  aid  may  be  entirely  withdrawn  if   the   County
17    Department,  local  governmental unit, or Illinois Department
18    finds  that  the  recipient's  circumstances   have   altered
19    sufficiently to warrant such action. Financial aid may at any
20    time  be  canceled or revoked for cause or suspended for such
21    period as may be proper.
22        (b)  Whenever  any  such  grant  of  financial   aid   is
23    cancelled,  revoked,  reduced,  or  terminated because of the
24    failure of the recipient to cooperate  with  the  Department,
25    including   but  not  limited  to  the  failure  to  keep  an
26    appointment,  attend  a  meeting,   or   produce   proof   or
27    verification  of  eligibility  or  need,  the  grant shall be
28    reinstated in full, retroactive to the date of the change  in
29    or  termination of the grant, provided that within 10 working
30    days after the first day the financial aid  would  have  been
31    available,  the  recipient cooperates with the Department and
32    is not otherwise ineligible for benefits for  the  period  in
33    question.   This  subsection  (b) does not apply to sanctions
 
SB745 Engrossed             -1002-             LRB9101253EGfg
 1    imposed for the failure of any recipient  to  participate  as
 2    required  in  the child support enforcement program or in any
 3    educational, training, or employment program under this  Code
 4    or  any  other  sanction  under  Section  4-21, nor does this
 5    subsection  (b)  apply  to  any   cancellation,   revocation,
 6    reduction,  termination,  or sanction imposed for the failure
 7    of any  recipient  to  cooperate  in  the  monthly  reporting
 8    process or the quarterly reporting process.
 9    (Source: P.A. 90-17, eff. 7-1-97; revised 10-31-98.)

10        (305 ILCS 5/11-20) (from Ch. 23, par. 11-20)
11        Sec.  11-20.  Employment  registration;  Persons "Able to
12    Engage in Employment" duty to  accept  employment  Conditions
13    Under  Which  Employment  May  Be Refused - Exemptions.  This
14    Section applies to employment  and  training  programs  other
15    than those for recipients of assistance under Article IV.
16        (1)  Each  applicant or recipient and dependent member of
17    the family age 16 or over who is able to engage in employment
18    and who is unemployed, or employed for  less  than  the  full
19    working  time  for  the  occupation  in  which  he  or she is
20    engaged, shall maintain a current registration for employment
21    or additional employment  with  the  system  of  free  public
22    employment  offices  maintained  in  this  State by the State
23    Department of Employment Security under the Public Employment
24    Office  Act  "An  Act  relating  to  employment  offices  and
25    agencies", approved May  11,  1903,  as  amended,  and  shall
26    utilize  the  job  placement services and other facilities of
27    such  offices  unless  the  Illinois   Department   otherwise
28    provides  by  rule  for programs administered by the Illinois
29    Department.
30        (2)  Every person age 16 or over shall be deemed "able to
31    engage in employment", as that term is  used  herein,  unless
32    (a)  the  person  has  an  illness certified by the attending
33    practitioner  as  precluding  his  or   her   engagement   in
 
SB745 Engrossed             -1003-             LRB9101253EGfg
 1    employment  of  any  type  for  a  time  period stated in the
 2    practitioner's  certification;  or  (b)  the  person  has   a
 3    medically determinable physical or mental impairment, disease
 4    or  loss  of indefinite duration and of such severity that he
 5    or she cannot perform  labor  or  services  in  any  type  of
 6    gainful  work which exists in the national economy, including
 7    work adjusted for persons with physical or  mental  handicap;
 8    or (c) the person is among the classes of persons exempted by
 9    paragraph  5  of  this Section. A person described in clauses
10    (a), (b) or (c) of the preceding sentence shall be classified
11    as "temporarily unemployable". The Illinois Department  shall
12    provide  by  rule for periodic review of the circumstances of
13    persons classified as "temporarily unemployable".
14        (3)  The Illinois Department shall provide through  rules
15    and   regulations   for   sanctions  against  applicants  and
16    recipients of aid under this  Code  who  fail  or  refuse  to
17    cooperate,  without  good  cause,  as  defined by rule of the
18    Illinois  Department,  to  accept  a  bona  fide   offer   of
19    employment in which he or she is able to engage either in the
20    community  of  the  person's  residence  or within reasonable
21    commuting distance therefrom.
22        The Illinois Department may provide by rule for the grant
23    or continuation of aid for a temporary period, if federal law
24    or regulation so permits or requires, to a person who refuses
25    employment without good cause if he or she accepts counseling
26    or  other  services  designed  to  increase  motivation   and
27    incentives for accepting employment.
28        (4)  Without  limiting  other criteria which the Illinois
29    Department may establish, it shall be good cause  of  refusal
30    if
31             (a)  the  wage does not meet applicable minimum wage
32        requirements, or
33             (b)  there  being  no  applicable  minimum  wage  as
34        determined in (a), the wage is certified by the  Illinois
 
SB745 Engrossed             -1004-             LRB9101253EGfg
 1        Department  of  Labor  as  being  less than that which is
 2        appropriate for the work to be performed, or.
 3             (c)  acceptance of the offer involves a  substantial
 4        threat  to  the  health or safety of the person or any of
 5        his or her dependents.
 6        (5)  The requirements of registration and  acceptance  of
 7    employment  shall  not  apply (a) to a parent or other person
 8    needed at home to provide personal care and supervision to  a
 9    child  or  children  unless, in accordance with the rules and
10    regulations of the Illinois Department, suitable arrangements
11    have been or can be made for such care and supervision during
12    the hours of the day the parent or other person is out of the
13    home because of employment; (b) to a person age 16 or over in
14    regular attendance in school, as defined in Section 4-1.1; or
15    (c) to a person whose presence in the home on a substantially
16    continuous basis  is  required  because  of  the  illness  or
17    incapacity of another member of the household.
18        The  Illinois  Department  may  implement a demonstration
19    project  limited  to  one  county  of  less  than  3  million
20    population that would require registration for and acceptance
21    of employment by parents or another person needed at home  to
22    provide  personal care and supervision to a child or children
23    age 3 and over, as allowed by  federal  law  and  subject  to
24    rules  and  regulations  of the Illinois Department, provided
25    suitable arrangements have been or can be made for such  care
26    and  supervision  during  the hours of the day the parents or
27    other person are out of the home because of employment.  Such
28    suitable arrangements must meet  standards  and  requirements
29    established  under  the  Child  Care  Act  of 1969, as now or
30    hereafter amended.  Such  requirements  shall  not  apply  to
31    parents or another caretaker with a child or children at home
32    under the age of 3.
33    (Source: P.A. 90-17, eff. 7-1-97; revised 10-31-98.)
 
SB745 Engrossed             -1005-             LRB9101253EGfg
 1        (305 ILCS 5/11-22) (from Ch. 23, par. 11-22)
 2        Sec.  11-22.  Charge upon claims and causes of action for
 3    injuries.  The Illinois Department shall have a  charge  upon
 4    all  claims,  demands and causes of action for injuries to an
 5    applicant for or recipient of financial  aid  under  Articles
 6    III, IV, V and VII for the total amount of medical assistance
 7    provided the recipient from the time of injury to the date of
 8    recovery  upon  such  claim,  demand  or cause of action.  In
 9    addition, if the applicant or recipient  was  employable,  as
10    defined  by  the  Department,  at the time of the injury, the
11    Department shall also have a charge  upon  any  such  claims,
12    demands  and  causes  of  action  for the total amount of aid
13    provided to the recipient and his dependents,  including  all
14    cash  assistance  and  medical  assistance only to the extent
15    includable in the claimant's action, from the time of  injury
16    to  the  date of recovery upon such claim, demand or cause of
17    action.   Any  definition  of  "employable"  adopted  by  the
18    Department shall apply only  to  persons  above  the  age  of
19    compulsory school attendance.  Local governmental units shall
20    have  like  charges for injuries to an applicant or recipient
21    under Article VII.
22        If the injured person was employable at the time  of  the
23    injury  and  is provided aid under Articles III, IV, V or VII
24    and any dependent or member of his  family  is  provided  aid
25    under Article VI, or vice versa, both the Illinois Department
26    and the local governmental unit shall have a charge upon such
27    claims,  demands and causes of action for the aid provided to
28    the injured person and any dependent member  of  his  family,
29    including  all  cash  assistance, medical assistance and food
30    stamps, from the time of the injury to the date of recovery.
31        "Recipient", as used herein, means the grantee of  record
32    and any persons whose needs are included in the financial aid
33    provided  to the grantee of record or otherwise met by grants
34    under the appropriate Article of this  Code  for  which  such
 
SB745 Engrossed             -1006-             LRB9101253EGfg
 1    person is eligible.
 2        In  each  case,  the  notice shall be served by certified
 3    mail or registered mail, upon the party  or  parties  against
 4    whom  the applicant or recipient has a claim, demand or cause
 5    of action.  The notice shall claim the  charge  and  describe
 6    the  interest the Illinois Department, the local governmental
 7    unit, or the county, has in the claim, demand,  or  cause  of
 8    action.   The  charge shall attach to any verdict or judgment
 9    entered and to any money or property which may  be  recovered
10    on  account  of  such  claim, demand, cause of action or suit
11    from and after the time of the service of the notice.
12        On petition filed by the Illinois Department, or  by  the
13    local  governmental  unit  or  county if either is claiming a
14    charge, or by the recipient, or by the defendant, the  court,
15    on  written  notice to all interested parties, may adjudicate
16    the rights of the parties and enforce the charge.  The  court
17    may  approve  the settlement of any claim, demand or cause of
18    action either before or after a verdict, and nothing in  this
19    Section  shall  be construed as requiring the actual trial or
20    final adjudication of any claim, demand or  cause  of  action
21    upon  which  the  Illinois Department, the local governmental
22    unit or county has  charge.  The  court  may  determine  what
23    portion  of  the recovery shall be paid to the injured person
24    and what portion shall be paid to  the  Illinois  Department,
25    the local governmental unit or county having a charge against
26    the  recovery.  In making this determination, the court shall
27    conduct an evidentiary hearing and shall  consider  competent
28    evidence pertaining to the following matters:
29             (1)  the  amount of the charge sought to be enforced
30        against the recovery when expressed as  a  percentage  of
31        the  gross  amount  of  the  recovery;  the amount of the
32        charge sought to be enforced against  the  recovery  when
33        expressed  as  a  percentage  of  the  amount obtained by
34        subtracting from the gross amount  of  the  recovery  the
 
SB745 Engrossed             -1007-             LRB9101253EGfg
 1        total  attorney's  fees  and  other costs incurred by the
 2        recipient incident  to  the  recovery;  and  whether  the
 3        Department, unit of local government or county seeking to
 4        enforce  the  charge  against  the  recovery  should as a
 5        matter of fairness  and  equity  bear  its  proportionate
 6        share  of  the  fees  and  costs incurred to generate the
 7        recovery from which the charge is sought to be satisfied;
 8             (2)  the amount, if any, of the attorney's fees  and
 9        other  costs  incurred  by  the recipient incident to the
10        recovery and paid by the recipient  up  to  the  time  of
11        recovery, and the amount of such fees and costs remaining
12        unpaid at the time of recovery;
13             (3)  the  total  hospital,  doctor and other medical
14        expenses incurred for care and treatment of the injury to
15        the date  of  recovery  therefor,  the  portion  of  such
16        expenses  theretofore paid by the recipient, by insurance
17        provided by the recipient, and by the Department, unit of
18        local government and county seeking to enforce  a  charge
19        against  the  recovery, and the amount of such previously
20        incurred expenses which remain  unpaid  at  the  time  of
21        recovery  and  by whom such incurred, unpaid expenses are
22        to be paid;
23             (4)  whether  the  recovery  represents  less   than
24        substantially  full  recompense  for  the  injury and the
25        hospital, doctor and other medical expenses  incurred  to
26        the  date  of  recovery for the care and treatment of the
27        injury, so that reduction of  the  charge  sought  to  be
28        enforced  against the recovery would not likely result in
29        a double recovery or unjust enrichment to the recipient;
30             (5)  the  age  of  the  recipient  and  of   persons
31        dependent  for support upon the recipient, the nature and
32        permanency of the recipient's injuries as they affect not
33        only  the  future  employability  and  education  of  the
34        recipient  but  also   the   reasonably   necessary   and
 
SB745 Engrossed             -1008-             LRB9101253EGfg
 1        foreseeable   future   material,   maintenance,  medical,
 2        rehabilitative and training needs of the  recipient,  the
 3        cost  of such reasonably necessary and foreseeable future
 4        needs, and the resources available to meet such needs and
 5        pay such costs;
 6             (6)  the realistic ability of the recipient to repay
 7        in whole or in part the  charge  sought  to  be  enforced
 8        against  the recovery when judged in light of the factors
 9        enumerated above.
10        The burden of producing evidence  sufficient  to  support
11    the  exercise  by  the  court of its discretion to reduce the
12    amount of a proven charge sought to be enforced  against  the
13    recovery shall rest with the party seeking such reduction.
14        The   court   may   reduce  and  apportion  the  Illinois
15    Department's  lien  proportionate  to  the  recovery  of  the
16    claimant.  The court may consider the nature  and  extent  of
17    the injury, economic and noneconomic loss, settlement offers,
18    comparative  negligence  as  it  applies to the case at hand,
19    hospital costs, physician costs, and  all  other  appropriate
20    costs.   The Illinois Department shall pay its pro rata share
21    of the attorney fees based on the Illinois Department's  lien
22    as  it  compares  to  the total settlement agreed upon.  This
23    Section shall not affect the priority of an  attorney's  lien
24    under  the  Attorneys  Lien Act "An Act concerning attorney's
25    lien and for enforcement of same", filed June  16,  1909,  as
26    amended.  The charges of the Illinois Department described in
27    this  Section,  however,  shall  take priority over all other
28    liens and charges existing under the laws  of  the  State  of
29    Illinois with the exception of the attorney's lien under said
30    statute.
31        Whenever  the  Department or any unit of local government
32    has a statutory charge under this Section against a  recovery
33    for   damages   incurred   by  a  recipient  because  of  its
34    advancement of any  assistance,  such  charge  shall  not  be
 
SB745 Engrossed             -1009-             LRB9101253EGfg
 1    satisfied  out of any recovery until the attorney's claim for
 2    fees is satisfied, irrespective of whether or not  an  action
 3    based on recipient's claim has been filed in court.
 4        This  Section  shall be inapplicable to any claim, demand
 5    or  cause  of  action  arising  under   (a)   the   "Workers'
 6    Compensation  Act", approved July 9, 1951, as amended, or the
 7    predecessor "Workers' Compensation Act" of June 28, 1913, (b)
 8    the "Workers' Occupational Diseases Act",  approved  July  9,
 9    1951,  as  amended,  or the predecessor Workers' Occupational
10    Diseases Act" of March 16, 1936; and (c) the  Wrongful  Death
11    Act  "An  Act  requiring  compensation  for  causing death by
12    wrongful act, neglect  or  default",  approved  February  12,
13    1853, as amended.
14    (Source: P.A. 89-507, eff. 7-1-97; revised 10-31-98.)

15        Section  169.   The  Nursing Home Grant Assistance Act is
16    amended by changing Section 20 as follows:

17        (305 ILCS 40/20) (from Ch. 23, par. 7100-20)
18        Sec. 20.  Nursing Home Grant Assistance Fund.
19        (a)  There is created in the State Treasury  the  Nursing
20    Home  Grant  Assistance  Fund.   Interest  earned on the Fund
21    shall be credited to the Fund.
22        (b)  The Fund is created for  the  purpose  of  receiving
23    moneys  in accordance with Section 15, Section 30 and Section
24    35 of this Act, and disbursing monies for payment of:
25             (1)  grants to eligible individuals under this Act;
26             (2)  administrative   expenses   incurred   by   the
27        Department in performing  the  activities  authorized  by
28        this Act;
29             (3)  refunds  to distribution agents as provided for
30        under this Act; and,
31             (4)  transfers to the General Revenue  Fund  of  any
32        amounts   of   Nursing  Home  Grant  Assistance  payments
 
SB745 Engrossed             -1010-             LRB9101253EGfg
 1        returned to the Department by distribution agents.
 2        The Department shall deposit all  moneys  received  under
 3    this Act in the Nursing Home Grant Assistance Fund.
 4        The  Department,  subject to appropriation, may use up to
 5    2.5% of the moneys received under this Act for the  costs  of
 6    administering and enforcing the program.
 7        (c)  Within 30 days after the end of the quarterly period
 8    in  which  the  distribution  agent  is  required to file the
 9    certification and make the payment required by this Act,  and
10    after verification with the Illinois Department of Public Aid
11    of  the  licensing  status  of  the  distribution  agent, the
12    Director  shall  order  the   payment   to   be   made   from
13    appropriations made for the purposes of this Act.
14        (d)  Disbursements  from  this  Fund shall be by warrants
15    drawn by the State Comptroller upon receipt of vouchers  duly
16    executed  and  certified  by  the Department.  The Department
17    shall prepare  and  certify  to  the  State  Comptroller  the
18    disbursement  of  the grants to qualified distributing agents
19    for payment to the  eligible  individuals  certified  to  the
20    Department by the qualified distributing agents.
21        The amount to be paid per calendar quarter to a qualified
22    distribution  agent  shall  not  exceed,  for  each  eligible
23    individual, $500 multiplied by a fraction equal to the number
24    of  days that the eligible individual's nursing home care was
25    not paid for, in whole or in part, by a  federal,  State,  or
26    combined  federal-State  medical care program, divided by the
27    number of calendar days  in  the  quarter.   Any  amount  the
28    qualified  distribution  agent  owes  to the Department under
29    Section 30 shall be deducted from the amount of  the  payment
30    to the qualified distribution agent.
31        If  the  amount  appropriated or available in the Fund is
32    insufficient to meet all or part  of  any  quarterly  payment
33    certification,   the  payment  certified  to  each  qualified
34    distributing agent shall be uniformly reduced  by  an  amount
 
SB745 Engrossed             -1011-             LRB9101253EGfg
 1    which  will  permit  a  payment  to be made to each qualified
 2    distributing agent.  Within 10  days  after  receipt  by  the
 3    State  Comptroller  of  the disbursement certification to the
 4    qualified distributing agents, the  State  Comptroller  shall
 5    cause  the warrants to be drawn for the respective amounts in
 6    accordance   with   the   directions   contained   in    that
 7    certification.
 8        (e)  Notwithstanding  any other provision of this Act, as
 9    soon as is practicable  after  the  effective  date  of  this
10    amendatory  Act  of  1994,  the  Department  shall order that
11    payments  be  made,  subject   to   appropriation,   to   the
12    appropriate  distribution  agents  for  grants to persons who
13    were eligible individuals during the fourth quarter of fiscal
14    year 1993 to  the  extent  that  those  individuals  did  not
15    receive  a  grant  for  that quarter or the fourth quarter of
16    fiscal year 1992. An eligible individual, or a person  acting
17    on  behalf of an eligible individual, must apply on or before
18    December 31, 1994 for a grant under this subsection (e).  The
19    amount to be paid  to  each  distribution  agent  under  this
20    subsection shall be calculated as provided in subsection (d).
21    Distribution  agents  shall distribute the grants to eligible
22    individuals as required in Section 30.  For  the  purpose  of
23    determining  grants under this subsection (e), a nursing home
24    that is a distribution agent under this Act shall  file  with
25    the   Department,   on   or  before  September  30,  1994,  a
26    certification  disclosing  the  information  required   under
27    Section  15 with respect to the fourth quarter of fiscal year
28    1993.
29    (Source:  P.A.  87-863;  88-676,   eff.   12-14-94;   revised
30    10-31-98.)

31        Section  170.   The  Work Opportunity and Earnfare Act is
32    amended by changing Section 30 as follows:
 
SB745 Engrossed             -1012-             LRB9101253EGfg
 1        (305 ILCS 45/30) (from Ch. 23, par. 7105-30)
 2        Sec.  30.  Emergency  Employment  Fund.   The   Emergency
 3    Employment  Fund  is  created  as a special fund in the State
 4    Treasury.   Subject  to  appropriation,  the  Department   of
 5    Commerce  and  Community  Affairs shall use money in the Fund
 6    solely for operating and making grants under this Act or the
 7    Illinois   Emergency   Employment   Development   Act.    The
 8    Department of Commerce  and  Community  Affairs  may  solicit
 9    funds   from   the  private  sector  or  federal  sources  to
10    accomplish the objectives of this Act.
11    (Source: P.A. 87-893; revised 10-31-98.)

12        Section  171.   The  State  Housing  Act  is  amended  by
13    changing Sections 7 and 25 as follows:

14        (310 ILCS 5/7) (from Ch. 67 1/2, par. 157)
15        Sec. 7.  No housing corporation shall:
16        (1)  Acquire any real property or interest therein unless
17    it shall first have obtained a certificate from the  Illinois
18    Housing   Development  Authority  that  such  acquisition  is
19    necessary or convenient for the  public  purpose  defined  by
20    this Act.
21        (2)  Sell,  transfer,  or assign any real property except
22    upon the written consent of the Illinois Housing  Development
23    Authority,  except  as  provided  in Section 26, of this Act.
24    Except as otherwise provided in Section 26, no real  property
25    acquired  for  housing purposes under this Act shall be sold,
26    transferred or assigned within a period of 10 ten years after
27    its acquisition, except to  another  housing  corporation,  a
28    not-for-profit  corporation  or  a  federal,  State  or local
29    governmental agency.
30        (3)  In  the   case   of   corporations   formed   on   a
31    limited-dividend  basis,  pay  dividends upon its stock, at a
32    higher rate than 6% six per cent per annum.
 
SB745 Engrossed             -1013-             LRB9101253EGfg
 1        (4)  Issue its stock, securities  or  obligations  in  an
 2    amount  greater  in the aggregate than the total actual final
 3    cost, as  determined  by  the  Illinois  Housing  Development
 4    Authority,   of   the  lands  and  improvements  acquired  or
 5    constructed by it, plus  an  allowance  for  working  capital
 6    approved by the Illinois Housing Development Authority.
 7        (5)  Mortgage  any  real  property  without  first having
 8    obtained the approval of  the  Illinois  Housing  Development
 9    Authority.
10        (6)  Issue  any  securities  or evidences of indebtedness
11    without first having obtained the approval  of  the  Illinois
12    Housing Development Authority.
13        (7)  Use  any  building erected or acquired by it for any
14    purpose other than housing accommodation, except for  stores,
15    offices or community facilities appurtenant and incidental to
16    housing   accommodations,  to  the  extent  approved  by  the
17    Illinois Housing Development Authority.
18        (8)  Charge   or   accept   any   rental   for    housing
19    accommodations   in   any   building  constructed,  acquired,
20    operated or managed by it in excess of the  rates  prescribed
21    by the Illinois Housing Development Authority.
22        (9)  Enter   into   contracts  for  the  construction  of
23    buildings or for the  payment  of  salaries  to  officers  or
24    employees,  or  for  the  purchase of materials, equipment or
25    supplies, except subject to the inspection  and  revision  of
26    the  Illinois  Housing  Development Authority, and under such
27    regulations as the Illinois Housing Development Authority may
28    from time to time prescribe.
29        No housing corporation  or  contractor  employed  thereby
30    shall  deny  employment  to  any  person  on account of race,
31    creed, color, sex or national origin.
32        (10)  Make any  guaranty  without  the  approval  of  the
33    Illinois Housing Development Authority.
34        (11)  Voluntarily  dissolve without first having obtained
 
SB745 Engrossed             -1014-             LRB9101253EGfg
 1    the consent of the Illinois Housing Development Authority.
 2    (Source: P.A. 78-847; revised 10-31-98.)

 3        (310 ILCS 5/25) (from Ch. 67 1/2, par. 175)
 4        Sec.  25.  Consolidation;  2  or  more   projects.    The
 5    Illinois   Housing   Development  Authority  may  permit  the
 6    consolidation of 2 two  or  more  approved  projects  or  the
 7    extension  or  of  amendment  of  any approved project or the
 8    consolidation  of  any  approved  project  with  a   proposed
 9    project.  In  any  of  these events, the consolidated project
10    shall be treated as an original project  and  an  application
11    shall  be submitted as in the case of an original project and
12    rents may be averaged throughout the consolidated or extended
13    project.  The  Illinois  Housing  Development  Authority  may
14    likewise permit  any  housing  corporation  to  organize  and
15    operate  more  than  one  project or to take over any project
16    heretofore  approved  by  the  Illinois  Housing  Development
17    Authority and to operate it independently of  other  projects
18    of   the   corporation.   The  Illinois  Housing  Development
19    Authority may decline to permit more than one project  to  be
20    operated by the same housing corporation.
21    (Source: P.A. 76-1176; revised 10-31-98.)

22        Section  172.   The Housing Cooperation Law is amended by
23    changing Section 4 as follows:

24        (310 ILCS 15/4) (from Ch. 67 1/2, par. 31)
25        Sec.  4.  Powers.   For  the  purpose   of   aiding   and
26    cooperating   in  the  planning,  undertaking,  construction,
27    reconstruction, improvement, alteration, repair or  operation
28    of  housing  projects  located in whole or in part within the
29    area in which it is authorized to act, any State Public  Body
30    may upon such terms, with or without consideration, as it may
31    determine:
 
SB745 Engrossed             -1015-             LRB9101253EGfg
 1             (a)  Dedicate,  sell,  convey  or  lease  any of its
 2        interest in any property or grant easements, licenses  or
 3        other rights or privileges therein to a housing authority
 4        or the Federal Government;:
 5             (b)  Cause    parks,    playgrounds,   recreational,
 6        community,  educational,   water,   sewer   or   drainage
 7        facilities,  or  any  other  works  which it is otherwise
 8        empowered to undertake, to be furnished adjacent to or in
 9        connection with housing projects;
10             (c)  Furnish, dedicate, close, pave, install, grade,
11        regrade, plan or replan streets, roads, roadways, alleys,
12        sidewalks,  or  other  places  which  it   is   otherwise
13        empowered to undertake;:
14             (d)  Assign  or  loan  any  of  its  employees  to a
15        housing authority to aid in the performance of  the  work
16        of  such  housing  authority;  and  provide for a housing
17        authority any necessary office space, equipment or  other
18        facilities;
19             (e)  Make  exceptions  from building regulations and
20        ordinances; plan or replan, or zone or rezone,  any  part
21        of such State Public Body pursuant to existing laws;
22             (f)  Enter  into  agreements, (which may extend over
23        any period, notwithstanding any provision or rule of  law
24        to  the contrary) with a housing authority or the Federal
25        Government respecting action to be taken  by  such  State
26        Public Body pursuant to any of the powers granted by this
27        Act;
28             (g)  By   agreement   with   any  housing  authority
29        operating  within  its  boundaries  or  jurisdiction,  to
30        designate  and  use  such   housing   authority   as   an
31        instrumentality  to make investigations on behalf of such
32        State Public Body and to perform such other functions  as
33        may   be   specified  by  such  agreement;  and  to  make
34        appropriations to such authority;
 
SB745 Engrossed             -1016-             LRB9101253EGfg
 1             (h)  Lend money to a housing authority from time  to
 2        time,  which,  when  it  has  funds  available  for  such
 3        purpose,  shall make reimbursements for all loans made to
 4        it together with interest thereon;
 5             (i)  Do any and all things, necessary or  convenient
 6        to  aid  and  cooperate  in  the  planning,  undertaking,
 7        construction,  reconstruction,  improvement,  alteration,
 8        repair or operation of such housing projects;
 9             (j)  Cause  services  of  the  character  which such
10        State Public Body is otherwise empowered to furnish to be
11        furnished to a housing authority;
12             (k)  Enter  into  agreements  with  respect  to  the
13        exercise by such State Public Body of its powers relating
14        to  the  repair,  elimination  or  closing   of   unsafe,
15        insanitary or unfit dwellings;
16             (l)  Employ  (notwithstanding  the provisions of any
17        other law) any funds belonging to, or within the  control
18        of,  such State Public Body, including funds derived from
19        the sale or furnishing of property  or  facilities  to  a
20        housing  authority,  in  the  purchase  of the bonds of a
21        housing authority;
22             (m)  Cooperate  with  a  housing  authority  in  the
23        enforcement of regulations adopted by such  authority  in
24        the  exercise  of  the jurisdiction of the authority with
25        respect  to  the  maintenance  in  a  safe  and  sanitary
26        condition of the dwellings and appurtenant areas  located
27        within the boundaries of any such project operated by the
28        housing authority; and
29             (n)  Vest  any  or  all of the powers it may possess
30        relating  to  the  repair,  maintenance   of   standards,
31        elimination  or  closing  of  unsafe, insanitary or unfit
32        dwellings, in a housing authority (which  shall  exercise
33        such  powers  as  an  agency  of  such State Public Body)
34        located in whole or in part within the area in which such
 
SB745 Engrossed             -1017-             LRB9101253EGfg
 1        State Public Body is authorized to act.
 2    (Source: Laws 1938, First Sp.Sess., p. 31; revised 10-31-98.)

 3        Section 173.  The Abandoned Housing Rehabilitation Act is
 4    amended by changing Sections 2 and 3 as follows:

 5        (310 ILCS 50/2) (from Ch. 67 1/2, par. 852)
 6        Sec. 2.  Definitions.  As used in this Act:
 7        (a)  "Property" means any  residential  real  estate  for
 8    which  taxes  are  delinquent  for  the preceding 2 years and
 9    which has been continuously unoccupied by persons legally  in
10    possession for the preceding 1 year.
11        (b)  "Nuisance"  means  any property which because of its
12    physical condition or  use  is  a  public  nuisance,  or  any
13    property  which constitutes a blight on the surrounding area,
14    or any property which is not fit for human  habitation  under
15    the  applicable  fire, building and housing codes. "Nuisance"
16    also  means  any  property  on  which  any  illegal  activity
17    involving controlled substances (as defined in  the  Illinois
18    Controlled  Substances  Act)  or  cannabis (as defined in the
19    Cannabis Control Act) takes place or any  property  on  which
20    any  streetgang-related  activity (as defined in the Illinois
21    Streetgang Terrorism Omnibus Prevention Act) takes place.
22        (c)  "Organization"  means  any   Illinois   corporation,
23    agency,   partnership,  association,  firm  or  other  entity
24    consisting of 2 or more persons organized and conducted on  a
25    not-for-profit  basis  with  no  personal  profit  inuring to
26    anyone as a result of  its  operation  which  has  among  its
27    purposes the improvement of housing.
28        (d)  "Parties  in  interest" means any owner or owners of
29    record, judgment  creditor,  tax  purchaser  or  other  party
30    having  any  legal  or  equitable  title  or  interest in the
31    property.
32        (e)  "Last known address" includes the address where  the
 
SB745 Engrossed             -1018-             LRB9101253EGfg
 1    property  is  located,  or  the  address as listed in the tax
 2    records or as listed pursuant  to  any  owner's  registration
 3    ordinance duly adopted by a home rule unit of government.
 4        (f)  "Low  or  moderate income housing" means housing for
 5    persons and families with low or moderate  incomes,  provided
 6    that the income limits for such persons and families shall be
 7    the same as those established by rule by the Illinois Housing
 8    Development  Authority  in  accordance with subsection (g) of
 9    Section  2  of  the  Illinois  Housing  Development  Act,  as
10    amended.
11        (g)  "Rehabilitation" means the process of improving  the
12    property, including but not limited to bringing property into
13    compliance with applicable fire, housing and building codes.
14    (Source: P.A. 89-553, eff. 1-1-97; revised 10-31-98.)

15        (310 ILCS 50/3) (from Ch. 67 1/2, par. 853)
16        Sec.   3.  Petition   for   temporary   possession.    An
17    organization   may   petition  for  temporary  possession  of
18    property if:
19             (a)  the property has been tax  delinquent  for  the
20        preceding  proceeding  2  years and has been continuously
21        unoccupied by  persons  legally  in  possession  for  the
22        preceding year;
23             (b)  the property is a nuisance;
24             (c)  the  organization  intends  to rehabilitate the
25        property and use the property  as  housing  for  low  and
26        moderate income persons and families; and
27             (d)  the organization has sent notice to the parties
28        in  interest  of the property, by certified or registered
29        mail, mailed to their last known address  and  posted  on
30        the  property  at least 30 days but not more than 60 days
31        before  the  date  the  petition   is   filed,   of   the
32        organization's  intent  to file a petition for possession
33        under this Act.
 
SB745 Engrossed             -1019-             LRB9101253EGfg
 1    (Source: P.A. 85-862; revised 1-21-99.)

 2        Section 174.  The  Illinois  Affordable  Housing  Act  is
 3    amended by changing Sections 3, 5, and 7 as follows:

 4        (310 ILCS 65/3) (from Ch. 67 1/2, par. 1253)
 5        Sec. 3.  Definitions.  As used in this Act:
 6        (a)  "Program"  means  the  Illinois  Affordable  Housing
 7    Program.
 8        (b)  "Trust  Fund"  means the Illinois Affordable Housing
 9    Trust Fund.
10        (c)  "Low-income household" means a single person, family
11    or unrelated persons living together whose adjusted income is
12    more than 50%, but less than 80%, of the median income of the
13    area of residence, adjusted for family size, as such adjusted
14    income and median income for the  area  are  determined  from
15    time  to  time by the United States Department of Housing and
16    Urban Development for purposes of Section  8  of  the  United
17    States Housing Act of 1937.
18        (d)  "Very  low-income  household" means a single person,
19    family or unrelated persons living  together  whose  adjusted
20    income  is not more than 50% of the median income of the area
21    of residence, adjusted for  family  size,  as  such  adjusted
22    income  and  median  income  for the area are determined from
23    time to time by the United States Department of  Housing  and
24    Urban  Development  for  purposes  of Section 8 of the United
25    States Housing Act of 1937.
26        (e)  "Affordable housing" means residential housing that,
27    so long as the same is occupied by low-income  households  or
28    very  low-income  households,  requires  payment  of  monthly
29    housing  costs,  including utilities other than telephone, of
30    no more than 30% of the maximum allowable  income  as  stated
31    for such households as defined in this Section.
32        (f)  "Multi-family housing" means a building or buildings
 
SB745 Engrossed             -1020-             LRB9101253EGfg
 1    providing housing to 5 or more households.
 2        (g)  "Single-family  housing" means a building containing
 3    one to 4 dwelling units, including a mobile home  as  defined
 4    in  subsection  (b)  of  Section  3  203  of  the Mobile Home
 5    Landlord and Tenant Rights Act, as amended.
 6        (h)  "Community-based     organization"      means      a
 7    not-for-profit   entity   whose  governing  body  includes  a
 8    majority of members who reside in the community served by the
 9    organization.
10        (i)  "Advocacy  organization"  means   a   not-for-profit
11    organization  which conducts, in part or in whole, activities
12    to influence public policy on behalf of  low-income  or  very
13    low-income households.
14        (j)  "Program  Administrator"  means the Illinois Housing
15    Development Authority.
16        (k)  "Funding Agent" means  the  Illinois  Department  of
17    Revenue.
18        (l)  "Commission"  means  the Affordable Housing Advisory
19    Commission.
20        (m)  "Congregate housing" means a building  or  structure
21    in which 2 or more households, inclusive, share common living
22    areas  and  may share child care, cleaning, cooking and other
23    household responsibilities.
24        (n)  "Eligible   applicant"   means   a   proprietorship,
25    partnership,    for-profit    corporation,     not-for-profit
26    corporation  or  unit  of local government which seeks to use
27    fund assets as provided in this Article.
28        (o)  "Moderate income household" means a  single  person,
29    family  or  unrelated  persons living together whose adjusted
30    income is more than 80% but less  than  120%  of  the  median
31    income of the area of residence, adjusted for family size, as
32    such  adjusted  income  and  median  income  for the area are
33    determined from time to time by the United States  Department
34    of Housing and Urban Development for purposes of Section 8 of
 
SB745 Engrossed             -1021-             LRB9101253EGfg
 1    the United States Housing Act of 1937.
 2        (p)  "Affordable  Housing  Program  Trust  Fund  Bonds or
 3    Notes" means  the  bonds  or  notes  issued  by  the  Program
 4    Administrator  under  the Illinois Housing Development Act to
 5    further the purposes of this Act.
 6        (q)  "Trust Fund  Moneys"  means  all  moneys,  deposits,
 7    revenues,   income,  interest,  dividends,  receipts,  taxes,
 8    proceeds and other  amounts  or  funds  deposited  or  to  be
 9    deposited  in the Trust Fund pursuant to Section 5(b) of this
10    Act and any proceeds, investments or increase thereof.
11        (r)  "Program  Escrow"  means  accounts,   except   those
12    accounts  relating  to  any  Affordable Housing Program Trust
13    Fund Bonds or Notes, designated by the Program Administrator,
14    into which Trust Fund Moneys are deposited.
15    (Source: P.A. 88-93; 89-286, eff. 8-10-95; revised 10-31-98.)

16        (310 ILCS 65/5) (from Ch. 67 1/2, par. 1255)
17        Sec. 5.  Illinois Affordable Housing Trust Fund.
18        (a)  There is  hereby  created  the  Illinois  Affordable
19    Housing  Trust Fund, hereafter referred to in this Act as the
20    "Trust Fund" to be held as a separate fund within  the  State
21    Treasury and to be administered by the Program Administrator.
22    The  purpose  of the Trust Fund is to finance projects of the
23    Illinois  Affordable  Housing  Program  as   authorized   and
24    approved  by  the  Program  Administrator.  The Funding Agent
25    shall establish, within the Trust Fund, a General Account,  a
26    Bond  Account, a Commitment Account and a Development Credits
27    Account. The Funding Agent shall  authorize  distribution  of
28    Trust  Fund  moneys  to  the Program Administrator or a payee
29    designated  by  the  Program   Administrator   for   purposes
30    authorized  by  this  Act.   After  receipt of the Trust Fund
31    moneys by the Program Administrator or designated payee,  the
32    Program  Administrator shall ensure that all those moneys are
33    expended for a public purpose and only as authorized by  this
 
SB745 Engrossed             -1022-             LRB9101253EGfg
 1    Act.
 2        (b)  Except as otherwise provided in Section 8(c) of this
 3    Act,  there shall be deposited in the Trust Fund such amounts
 4    as may become available under the  provisions  of  this  Act,
 5    including, but not limited to:
 6             (1)  all  receipts,  including  dividends, principal
 7        and interest repayments  attributable  to  any  loans  or
 8        agreements funded from the Trust Fund;
 9             (2)  all  proceeds  of  assets  of  whatever  nature
10        received  by  the Program Administrator, and attributable
11        to default with respect to  loans  or  agreements  funded
12        from the Trust Fund;
13             (3)  any appropriations, grants or gifts of funds or
14        property,  or  financial or other aid from any federal or
15        State agency or  body,  local  government  or  any  other
16        public  organization  or  private  individual made to the
17        Trust Fund;
18             (4)  any  income  received  as  a  result   of   the
19        investment of moneys in the Trust Fund;
20             (5)  all  fees  or  charges collected by the Program
21        Administrator or Funding Agent pursuant to this Act;
22             (6)  an amount equal to one  half  of  all  proceeds
23        collected  by  the Funding Agent pursuant to Section 3 of
24        the Real Estate Transfer Tax Act, as amended; and
25             (7)  other funds  as  appropriated  by  the  General
26        Assembly; and
27             (8)  any income, less costs and fees associated with
28        the Program Escrow, received by the Program Administrator
29        that  is  derived  from  Trust  Fund  Moneys  held in the
30        Program Escrow prior to expenditure of  such  Trust  Fund
31        Moneys.
32    (Source: P.A. 88-93; 89-286, eff. 8-10-95; revised 10-31-98.)

33        (310 ILCS 65/7) (from Ch. 67 1/2, par. 1257)
 
SB745 Engrossed             -1023-             LRB9101253EGfg
 1        Sec.  7.   Powers  of  the  Program  Administrator.   The
 2    Program Administrator, in addition to the powers set forth in
 3    the   Illinois   Housing   Development  Act  and  the  powers
 4    identified in Sections 8 and 9 of this Act, has the power to:
 5             (a)  identify, select and make  financing  available
 6        to  eligible  applicants from monies in the Trust Fund or
 7        from monies secured by  the  Trust  Fund  for  affordable
 8        housing for low and very low-income families;.
 9             (b)  purchase  first  and  second mortgages, to make
10        secured, unsecured or deferred repayment loans,  to  make
11        no  interest  or  low  interest loans or to issue grants,
12        payments or subsidies for  the  predevelopment  expenses,
13        acquisition,  construction,  rehabilitation  development,
14        operation, insurance, or retention of projects in support
15        of  affordable single family and multi-family housing for
16        low and very low-income households;
17             (c)  expend  monies   for   mortgage   participation
18        certificates   representing   an  undivided  interest  in
19        specified, first-lien conventional  residential  Illinois
20        mortgages  which are underwritten, insured, guaranteed or
21        purchased by the Federal Home Loan Mortgage Corporation;
22             (d)  fix, determine, charge and  collect  any  fees,
23        costs  and  expenses,  including  without limitation, any
24        application fees, commitment or servicing  fees,  program
25        fees,   financing   charges,   or   publication  fees  in
26        connection with activities under this Act;
27             (e)  establish      applications,       notification
28        procedures,  and  other  forms,  and to prepare and issue
29        rules deemed necessary and appropriate to implement  this
30        Act  with  consultation from the Commission; and to issue
31        emergency rules, as necessary, for program implementation
32        needed prior to publication  of  the  first  annual  plan
33        required by Section 12 of this Act;
34             (f)  make and enter into and enforce all loans, loan
 
SB745 Engrossed             -1024-             LRB9101253EGfg
 1        commitments,    contracts   and   agreements   necessary,
 2        convenient or desirable to the performance of its  duties
 3        and the execution of its powers under this Act;
 4             (g)  consent,  subject  to  the  provisions  of  any
 5        contract  or  agreement  with another person, whenever it
 6        deems it is necessary or desirable in the fulfillment  of
 7        the   purposes  of  this  Act,  to  the  modification  or
 8        restructuring of any loan commitment, loan,  contract  or
 9        agreement to which the Program Administrator is a party;
10             (h)  acquire  by purchase, gift, or foreclosure, but
11        not by condemnation, any real or  personal  property,  or
12        any  interest therein, to procure insurance against loss,
13        to enter into any lease of property and  to  hold,  sell,
14        assign,  lease, mortgage or otherwise dispose of any real
15        or  personal  property,  or  any  interest  therein,   or
16        relinquish  any  right,  title,  claim,  lien,  interest,
17        easement or demand however acquired, and to do any of the
18        foregoing by public or private sale;
19             (i)  subject  to  the  provisions of any contract or
20        agreement with another  party  to  collect,  enforce  the
21        collection   of,   and   foreclose  on  any  property  or
22        collateral  securing  its  loan  or  loans,  mortgage  or
23        mortgages,  and  acquire  or  take  possession  of   such
24        property  or  collateral  and  release  or relinquish any
25        right, title, claim, lien, interest, easement, or  demand
26        in  property  foreclosed  by  it  or  to sell the same at
27        public or private sale,  with  or  without  bidding,  and
28        otherwise  deal  with such collateral as may be necessary
29        to protect the interest of the Program Administrator;
30             (j)  sell any eligible  loan  made  by  the  Program
31        Administrator or mortgage interest owned by it, at public
32        or  private  sale, with or without bidding, either singly
33        or in groups, or in shares of loans or shares  of  groups
34        of  loans,  and  to  deposit and invest the funds derived
 
SB745 Engrossed             -1025-             LRB9101253EGfg
 1        from such sales in any manner authorized by this Act;
 2             (k)  provide, contract or  arrange,  or  participate
 3        with or enter into agreements with any department, agency
 4        or  authority   of the United States or of this State, or
 5        any local unit of government, or any banking institution,
 6        insurance company, trust or fiduciary or  any  foundation
 7        or  not-for-profit  agency  for  the review, application,
 8        servicing, processing or administration of  any  proposed
 9        loan,   grant,   application,  servicing,  processing  or
10        administration of any proposed loan, grant, agreement, or
11        contract of the Department when such  arrangement  is  in
12        furtherance of this Act;
13             (l)  receive and accept any gifts, grants, donations
14        or  contributions  from  any  source, of money, property,
15        labor or other things of value,  to  be  held,  used  and
16        applied  to carry out the purposes of this Act subject to
17        including, but not limited to, gifts or grants  from  any
18        Department or agency of the United States or the State or
19        from   any   local  unit  of  government,  not-for-profit
20        organization  or  private  firm  or  individual  for  any
21        purpose consistent with this Act; and
22             (m)  exercise such other powers as are necessary  or
23        incidental   to   the   administration  of  this  Act  or
24        performance of duties under this Act.
25    (Source: P.A. 88-93; revised 10-31-98.)

26        Section 175.  The Blighted  Areas  Redevelopment  Act  of
27    1947 is amended by changing Section 3 as follows:

28        (315 ILCS 5/3) (from Ch. 67 1/2, par. 65)
29        Sec. 3.  Definitions.  The following terms, wherever used
30    or   referred  to  in  this  Act  shall  have  the  following
31    respective meanings, unless in any case a  different  meaning
32    clearly appears from the context:
 
SB745 Engrossed             -1026-             LRB9101253EGfg
 1        (a)  "Commission"   means  a  Land  Clearance  Commission
 2    created pursuant to this Act or heretofore  created  pursuant
 3    to  "An  Act to promote the improvement of housing," approved
 4    July 26, 1945.
 5        (b)  "Commissioner"  or  "Commissioners"  shall  mean   a
 6    Commissioner or Commissioners of a Land Clearance Commission.
 7        (c)  "Department"  means  the  Department of Commerce and
 8    Community Affairs".
 9        (d)  "Authority" or  "housing  authority"  shall  mean  a
10    housing authority organized in accordance with the provisions
11    of the Housing Authorities Act "An Act in relation to housing
12    authorities", approved March 19, 1934, as amended.
13        (e)  "Municipality"   shall   mean  a  city,  village  or
14    incorporated town.
15        (f)  "Presiding officer" shall mean the presiding officer
16    of the board of a county, or the  mayor  or  president  of  a
17    city,  village  or incorporated town, as the case may be, for
18    which a Land Clearance Commission is created.
19        (g)  The term "governing body" shall mean the council  or
20    the  president  and board of trustees of any city, village or
21    incorporated town, as the case may be, and the  county  board
22    of any county.
23        (h)  "Area  of operation" shall mean (1) in the case of a
24    Land Clearance Commission created  for  a  municipality,  the
25    area  within the territorial boundaries of said municipality;
26    and (2) in the case of  a  county  shall  include  the  areas
27    within  the  territorial  boundaries  of  all  municipalities
28    within  such  county,  except  the  area  of any municipality
29    located therein in  which  there  has  been  created  a  Land
30    Clearance   Commission  or  a  Department  of  Urban  Renewal
31    pursuant  to   the   provisions   of   the   "Urban   Renewal
32    Consolidation  Act  of  1961",  enacted by the Seventy-Second
33    General Assembly. When a Land Clearance Commission or such  a
34    Department  of  Urban  Renewal  is created for a municipality
 
SB745 Engrossed             -1027-             LRB9101253EGfg
 1    subsequent  to  the  creation  of  a  County  land  clearance
 2    commission  whose  area  of  operation  of  the  County  land
 3    clearance  commission  shall  not  thereafter   include   the
 4    territory of such municipality, but the County land clearance
 5    commission  may continue any redevelopment project previously
 6    commenced in such municipality.
 7        (i)  "Real property" shall  include  lands,  lands  under
 8    water,  structures, and any and all easements, franchises and
 9    incorporeal hereditaments and estates, and rights, legal  and
10    equitable,  including  terms  for  years  and liens by way of
11    judgment, mortgage or otherwise.
12        (j)  "Slum and Blighted Area" means any area of not  less
13    in  the  aggregate  than  2  two (2) acres located within the
14    territorial limits  of  a  municipality  where  buildings  or
15    improvements,   by   reason  of  dilapidation,  obsolescence,
16    overcrowding,  faulty  arrangement   or   design,   lack   of
17    ventilation,  light  and  sanitary facilities, excessive land
18    coverage, deleterious land use or layout or  any  combination
19    of  these  factors,  are  detrimental  to  the public safety,
20    health, morals or welfare.
21        (k)  "Slum and Blighted Area Redevelopment Project" means
22    a project involving a slum and blighted area  as  defined  in
23    subsection  (j)  of  this  Section including undertakings and
24    activities of the Commission in  a  Slum  and  Blighted  Area
25    Redevelopment   Project  for  the  elimination  and  for  the
26    prevention of the development or spread of slums  and  blight
27    and  may  involve  slum clearance and redevelopment in a Slum
28    and Blighted Area Redevelopment Project, or  any  combination
29    or  part thereof in accordance with an Urban Renewal Program.
30    Such undertakings and activities may include:
31             1.  acquisition of a slum area or a blighted area or
32        portion thereof;
33             2.  demolition  and   removal   of   buildings   and
34        improvements;
 
SB745 Engrossed             -1028-             LRB9101253EGfg
 1             3.  installation,  construction or reconstruction of
 2        streets,  utilities,  parks,   playgrounds,   and   other
 3        improvements  necessary  for the carrying out in the Slum
 4        and Blighted Area Redevelopment Project the objectives of
 5        this Act;
 6             4.  disposition of any property acquired in the Slum
 7        and Blighted Area Redevelopment Project;
 8             5.  carrying out plans for a  program  of  voluntary
 9        repair   and   rehabilitation   of   buildings  or  other
10        improvements in accordance with a redevelopment plan.
11        (l)  "Blighted Vacant Area Redevelopment Project" means a
12    project involving (1) predominantly  open  platted  urban  or
13    suburban  land  which because of obsolete platting, diversity
14    of  ownership,  deterioration  of  structures  or   of   site
15    improvements,  or  taxes  or special assessment delinquencies
16    exceeding the fair value of the land,  substantially  impairs
17    or  arrests the sound growth of the community and which is to
18    be developed for residential or other use, provided that such
19    a project shall not be developed for other  than  residential
20    use  unless  the  area, at the time the Commission adopts the
21    resolution approving the plan  for  the  development  of  the
22    area,  is zoned for other than residential use and unless the
23    Commission determines that residential development thereof is
24    not feasible, and  such  determination  is  approved  by  the
25    presiding  officer and the governing body of the municipality
26    in which the area is situated and by the Department,  or  (2)
27    open  unplatted  urban  or  suburban land to be developed for
28    predominantly residential  uses,  or  (3)  a  combination  of
29    projects defined in (1) and (2) of this subsection (l).
30        (m)  "Redevelopment  Project"  means a "Slum and Blighted
31    Area  Redevelopment  Project"  or  a  "Blighted  Vacant  Area
32    Redevelopment Project", as the case may be, as designated  in
33    the determination of the Commission pursuant to Section 13 of
34    this Act, and may include such additional area of not more in
 
SB745 Engrossed             -1029-             LRB9101253EGfg
 1    the  aggregate  than  160 acres (exclusive of the site of any
 2    abutting Slum and  Blighted  Area  Redevelopment  Project  or
 3    Blighted  Vacant  Area  Redevelopment Project) located within
 4    the territorial limits  of  the  municipality,  abutting  and
 5    adjoining  in  whole  or  in  part  a  Slum and Blighted Area
 6    Redevelopment Project or Blighted Vacant  Area  Redevelopment
 7    Project,  which the land clearance commission deems necessary
 8    for the  protection  and  completion  of  such  redevelopment
 9    project  or  projects and of the site improvements to be made
10    therein and which has been approved by the Department and the
11    governing body of the  municipality  in  which  the  area  is
12    situated,  but  the  land  clearance  commission  as  to such
13    additional area  shall  have  power  only  to  make  studies,
14    surveys  and plans concerning services to be performed by the
15    municipality or others, including the  extension  of  project
16    streets and utilities, the provision of parks, playgrounds or
17    schools, and the zoning of such peripheral areas.
18        (n)  "Match"  and  any  other form of said word when used
19    with reference to the matching of moneys  means  match  on  a
20    dollar for dollar basis.
21    (Source: P.A. 81-1509; revised 10-31-98.)

22        Section  176.   The Blighted Vacant Areas Development Act
23    of 1949 is amended by changing Section 6 as follows:

24        (315 ILCS 10/6) (from Ch. 67 1/2, par. 91.6)
25        Sec. 6.  Sale of land.)   After  title  to  the  site  is
26    vested  in  the  State  of  Illinois,  the State of Illinois,
27    acting through the Governor and the Secretary of State, shall
28    sign, seal, and deliver a deed  conveying  the  site  to  the
29    developer  or  his heirs, legatees, successors or assigns, in
30    consideration of the offer of the developer, provided that:
31        (a)  The plans of development have been approved  by  the
32    corporate  authorities  of the municipality in which the site
 
SB745 Engrossed             -1030-             LRB9101253EGfg
 1    is located, or by the corporate  authorities  of  the  county
 2    where the site is located in an unincorporated area.
 3        (b)  The  developer has satisfied the Department that the
 4    completion of  development  will  be  accomplished  within  a
 5    reasonable  time  after  title  to the site has been acquired
 6    from the State of Illinois by depositing bond with surety  to
 7    be  approved  by the Department, or making a cash deposit, in
 8    either case in such amount as shall be deemed adequate by the
 9    Department.  Such bonds shall designate  the  People  of  the
10    State  of Illinois as obligee thereunder and the developer as
11    obligor thereon, and shall be conditioned upon completion  of
12    development  by the developer in accordance with the plans of
13    development, or such revisions therein as may be approved  by
14    the  Department,  within  a  period  to  be  specified by the
15    Department or any subsequent extension of this period by  the
16    Department.
17        Such  bond  shall be in substantially the following form:
18    "We, A.B., C.D., and E.F., of the County of ....   and  State
19    of   Illinois,  as  principals,  and  ....   as  surety,  are
20    obligated to the People of the State of Illinois in the penal
21    sum of $...., lawful money of  the  United  States,  for  the
22    payment of which we and each of us obligate ourselves and our
23    heirs, executors, administrators and assigns jointly.
24        The  condition  of  this  bond  is such that if the above
25    stated A.B., C.D., and E.F., shall complete development of  a
26    site  located at .... in accordance with plans of development
27    submitted to the Department on (insert date), ...., 19..,  or
28    in   accordance   with   such  revisions  of  such  plans  of
29    development as may hereafter be approved by  the  Department,
30    such  completion of development to be within a period of ....
31    years, or any subsequent extension  of  this  period  by  the
32    Department,  then  this  obligation  is  void;  otherwise  it
33    remains in full force and effect.
34        Dated (insert date). ............... 19
 
SB745 Engrossed             -1031-             LRB9101253EGfg
 1        Signature of A.B. ___________
 2        Signature of C.D. ___________
 3        Signature of E.F. ___________"

 4        The  bond  shall be signed by the principals and sureties
 5    and after approval by  the  Department  shall  be  filed  and
 6    recorded by the Department.
 7    (Source: P.A. 84-1308; revised 10-20-98.)

 8        Section  177.  The Neighborhood Redevelopment Corporation
 9    Law is amended by changing Section 37 as follows:

10        (315 ILCS 20/37) (from Ch. 67 1/2, par. 287)
11        Sec. 37. Determination of development cost.
12        (1)  The Redevelopment Commission shall upon the issuance
13    of a certificate of convenience  and  necessity  pursuant  to
14    Section  18  of this Act (unless the order by virtue of which
15    the certificate was issued has  been  suspended  pursuant  to
16    subsection  paragraph  (2) of Section 33 of this Act) proceed
17    to a prospective determination of the Development Cost of the
18    Development.  In  connection  with  such  determination   the
19    Redevelopment  Commission  shall  hold a hearing and may make
20    such inquiry or investigation, and  examine  such  witnesses,
21    books,  papers, accounts, documents and contracts and require
22    the filing of such data, as it may deem of  assistance.   The
23    Redevelopment   Commission  shall  require  the  Neighborhood
24    Redevelopment Corporation to disclose every interest  of  its
25    directors   in  any  transaction  under  investigation.   The
26    Redevelopment Commission shall have power to investigate  all
27    such transactions and inquire into the good faith thereof, to
28    examine  books,  papers, accounts, documents and contracts of
29    Neighborhood   Redevelopment    Corporations,    construction
30    companies or other companies or of firms and individuals with
31    whom the Neighborhood Redevelopment Corporation shall have or
32    shall  have  had  financial  transactions, for the purpose of
 
SB745 Engrossed             -1032-             LRB9101253EGfg
 1    enabling it  to  verify  any  statements  furnished,  and  to
 2    examine  into  the cost of Real Property acquired or proposed
 3    to   be   acquired   by   such   Neighborhood   Redevelopment
 4    Corporation.  Upon  the  conclusion  of  the   hearing,   the
 5    Redevelopment  Commission shall determine of its own judgment
 6    the prospective Development  Cost  and  shall  issue  to  the
 7    Neighborhood  Redevelopment Corporation a certificate stating
 8    the amount  thereof  as  so  determined.  The  amount  as  so
 9    determined   shall   thereafter   be   conclusive   upon  the
10    Redevelopment Commission.
11        (2)  A Neighborhood Redevelopment Corporation may, at any
12    time, whether prior or subsequent to the  completion  of  its
13    Development,  whenever it appears that the actual Development
14    Cost  will  be  greater  in  amount  than   the   prospective
15    determination thereof made pursuant to subsection paragraph (
16    1) of this Section, apply to the Redevelopment Commission for
17    a   determination   of   additional   Development  Cost.  The
18    Redevelopment  Commission  shall,  upon   such   application,
19    proceed  to the determination thereof, in the same manner and
20    with the same authority as provided by subsection paragraph (
21    1) of this Section. Upon the conclusion of  its  hearing  and
22    the  determination  of  the  application,  the  Redevelopment
23    Commission  shall  issue  to  the  Neighborhood Redevelopment
24    Corporation  a  certificate  stating  the   amount   of   the
25    additional Development Cost, if any. The additional amount as
26    so   determined  shall  thereafter  be  conclusive  upon  the
27    Redevelopment Commission.
28    (Source: Laws 1941, vol. 1, p. 431; revised 10-31-98.)

29        Section 178.  The Urban  Community  Conservation  Act  is
30    amended by changing Section 8 as follows:

31        (315 ILCS 25/8) (from Ch. 67 1/2, par. 91.15)
32        Sec.   8.  Inconsistent   provisions.    Insofar  as  the
 
SB745 Engrossed             -1033-             LRB9101253EGfg
 1    provisions of this Act  article  are  inconsistent  with  the
 2    provisions  of  any  other  law,  the  provisions of this Act
 3    article shall be controlling.
 4    (Source: Laws 1953, p. 1240; revised 10-31-98.)

 5        Section 179.  The  Respite  Program  Act  is  amended  by
 6    changing Section 2 as follows:

 7        (320 ILCS 10/2) (from Ch. 23, par. 6202)
 8        Sec. 2.  Definitions.  As used in this Act:
 9        (1)  "Respite  care"  means the provision of intermittent
10    and temporary substitute care  or  supervision  of  frail  or
11    abused or functionally disabled or cognitively impaired older
12    adults  on  behalf  of  and  in  the  absence  of the primary
13    care-giver, for the purpose  of  providing  relief  from  the
14    stress   or   responsibilities   concomitant  with  providing
15    constant care, so as to enable the care-giver to continue the
16    provision of care  in  the  home.   Respite  care  should  be
17    available  to  sustain  the primary care-giver throughout the
18    period of care-giving, which can vary from several months  to
19    a  number of years. Respite care can be provided in the home,
20    in a  community  based  day  care  setting  during  the  day,
21    overnight,  or  for  more  extended  periods  of  time  on  a
22    temporary basis.
23        (2)  "Care-giver"  shall  mean the family member or other
24    natural person  who  normally  provides  the  daily  care  or
25    supervision  of  a  frail,  abused or disabled elderly adult.
26    Such care-giver  may,  but  need  not,  reside  in  the  same
27    household as the frail or disabled adult.
28        (3)  "Provider"  shall  mean  any  entity  enumerated  in
29    paragraph  (1)  of  this  Section  which  is  the supplier of
30    services providing respite.
31        (4)  "Sponsor" shall mean the provider, public agency  or
32    community  group approved by the Director which establishes a
 
SB745 Engrossed             -1034-             LRB9101253EGfg
 1    contractual relationship with the Department for the purposes
 2    of providing services to persons under this Act, and which is
 3    responsible   for   the   recruitment   of   providers,   the
 4    coordination and arrangement of provider services in a manner
 5    which meets client needs,  the  general  supervision  of  the
 6    local  program,  and  the  submission  of such information or
 7    reports as may be required by the Director.
 8        (5)  "Director" shall mean the Director on Aging.
 9        (6)  "Department" shall mean the Department on Aging.
10        (7)  "Abused" shall have the same meaning ascribed to  it
11    in Section 103 of the Illinois Domestic Violence Act of 1986,
12    .
13        (8)  "Frail  or  Disabled  Adult"  shall  mean any person
14    suffering from Alzheimer's disease and who is 55 years of age
15    or older or any adult 60 years of age or older, who is unable
16    to attend to his or her daily needs without the assistance or
17    regular supervision of a care-giver due to mental or physical
18    impairment and who is otherwise eligible for services on  the
19    basis of his level of impairment.
20        (9)  "Emergency   respite   care"   means  the  immediate
21    placement of a trained, in-home respite care  worker  in  the
22    home during an emergency or unplanned event to substitute for
23    the  primary  care-giver.   Emergency  respite  care  may  be
24    provided  in  the  home  on  one  or more occasions unless an
25    extension is deemed necessary by the case coordination  unit.
26    When  there  is  an  urgent  need for emergency respite care,
27    procedures to accommodate this need must be  determined.   An
28    emergency is:
29             (a)  An   unplanned   event   that  results  in  the
30        immediate  and  unavoidable  absence   of   the   primary
31        care-giver  from  the  home  in an excess of 4 hours at a
32        time when no other qualified care-giver is available.
33             (b)  An  unplanned  situation  that   prevents   the
34        primary  care-giver from providing the care required by a
 
SB745 Engrossed             -1035-             LRB9101253EGfg
 1        frail or abused or functionally disabled  or  cognitively
 2        impaired adult living at home.
 3             (c)  An  unplanned  event  that threatens the health
 4        and safety of the disabled adult.
 5             (d)  An unplanned event that  threatens  the  health
 6        and  safety of the primary care-giver thereby placing the
 7        frail or abused or functionally disabled  or  cognitively
 8        impaired older adult in danger.
 9        (10)  "Primary care-giver" means the spouse, relative, or
10    friend,  18  years  of  age  or older, who provides the daily
11    in-home  care  and  supervision  of  a  frail  or  abused  or
12    functionally disabled or cognitively impaired older adult.  A
13    primary care-giver may, but does not need to, reside  in  the
14    same  household  as  the  frail  or  abused  or  functionally
15    disabled  or cognitively impaired adult. A primary care-giver
16    requires intermittent relief from their caregiving duties  to
17    continue to function as the primary care-giver.
18    (Source: P.A. 86-820; 87-974; revised 10-31-98.)

19        Section  180.  The Elder Abuse and Neglect Act is amended
20    by changing Section 2 as follows:

21        (320 ILCS 20/2) (from Ch. 23, par. 6602)
22        Sec. 2.  Definitions.  As used in this  Act,  unless  the
23    context requires otherwise:
24        (a)  "Abuse" means causing any physical, mental or sexual
25    injury  to  an eligible adult, including exploitation of such
26    adult's financial resources.
27        Nothing in this Act shall be construed to  mean  that  an
28    eligible  adult  is a victim of abuse or neglect for the sole
29    reason that he or she is being furnished with or relies  upon
30    treatment   by  spiritual  means  through  prayer  alone,  in
31    accordance with the tenets  and  practices  of  a  recognized
32    church or religious denomination.
 
SB745 Engrossed             -1036-             LRB9101253EGfg
 1        Nothing  in  this  Act shall be construed to mean that an
 2    eligible adult is a victim of abuse because  of  health  care
 3    services  provided  or  not  provided by licensed health care
 4    professionals.
 5        (a-5)  "Abuser" means a person who abuses,  neglects,  or
 6    financially exploits an eligible adult.
 7        (a-7)  "Caregiver"  means a person who either as a result
 8    of a family relationship, voluntarily,  or  in  exchange  for
 9    compensation  has assumed responsibility for all or a portion
10    of the care of an eligible adult who  needs  assistance  with
11    activities of daily living.
12        (b)  "Department"  means  the  Department on Aging of the
13    State of Illinois.
14        (c)  "Director" means the Director of the Department.
15        (d)  "Domestic living situation" means a residence  where
16    the eligible adult lives alone or with his or her family or a
17    caregiver,  or  others,  or  a  board  and care home or other
18    community-based unlicensed facility, but is not:
19             (1)  A licensed facility as defined in Section 1-113
20        of the Nursing Home Care Act;
21             (2)  A "life care facility" as defined in  the  Life
22        Care Facilities Act;
23             (3)  A home, institution, or other place operated by
24        the  federal government or agency thereof or by the State
25        of Illinois;
26             (4)  A hospital, sanitarium, or  other  institution,
27        the  principal  activity  or  business  of  which  is the
28        diagnosis, care, and treatment of human  illness  through
29        the  maintenance  and  operation  of organized facilities
30        therefor, which is required  to  be  licensed  under  the
31        Hospital Licensing Act;
32             (5)  A "community living facility" as defined in the
33        Community Living Facilities Licensing Act;
34             (6)  A   "community   residential   alternative"  as
 
SB745 Engrossed             -1037-             LRB9101253EGfg
 1        defined  in  the   Community   Residential   Alternatives
 2        Licensing Act; and
 3             (7)  A  "community-integrated living arrangement" as
 4        defined in the Community-Integrated  Living  Arrangements
 5        Licensure and Certification Act.
 6        (e)  "Eligible  adult"  means a person 60 years of age or
 7    older who resides in a domestic living situation and  is,  or
 8    is alleged to be, abused, neglected, or financially exploited
 9    by another individual.
10        (f)  "Emergency"  means  a situation in which an eligible
11    adult is living in conditions presenting a risk of  death  or
12    physical, mental or sexual injury and the provider agency has
13    reason  to believe the eligible adult is unable to consent to
14    services which would alleviate that risk.
15        (f-5)  "Mandated reporter" means  any  of  the  following
16    persons  while  engaged  in  carrying  out their professional
17    duties:
18             (1)  a professional or professional's delegate while
19        engaged in: (i) social services,  (ii)  law  enforcement,
20        (iii)  education,  (iv)  the care of an eligible adult or
21        eligible adults, or (v) any of the  occupations  required
22        to  be licensed under the Clinical Psychologist Licensing
23        Act, the Clinical Social Work and  Social  Work  Practice
24        Act,  the  Illinois Dental Practice Act, the Dietetic and
25        Nutrition Services Practice Act, the Marriage and  Family
26        Therapy  Licensing Act, the Medical Practice Act of 1987,
27        the Naprapathic Practice Act, the  Illinois  Nursing  and
28        Advanced  Practice  Nursing Act of 1987, the Nursing Home
29        Administrators  Licensing  and    Disciplinary  Act,  the
30        Illinois Occupational Therapy Practice Act, the  Illinois
31        Optometric  Practice  Act  of 1987, the Pharmacy Practice
32        Act of 1987,  the  Illinois  Physical  Therapy  Act,  the
33        Physician  Assistant  Practice Act of 1987, the Podiatric
34        Medical Practice Act of 1987, the Professional  Counselor
 
SB745 Engrossed             -1038-             LRB9101253EGfg
 1        and  Clinical  Professional  Counselor Licensing Act, the
 2        Illinois Speech-Language Pathology and Audiology Practice
 3        Act, the Veterinary Medicine and Surgery Practice Act  of
 4        1994, and the Illinois Public Accounting Act;
 5             (2)  an  employee  of  a  vocational  rehabilitation
 6        facility  prescribed  or  supervised by the Department of
 7        Human Services;
 8             (3)  an administrator, employee, or person providing
 9        services in or  through  an  unlicensed  community  based
10        facility;
11             (4)  a Christian Science Practitioner;
12             (5)  field  personnel  of  the  Department of Public
13        Aid, Department of Public Health, and Department of Human
14        Services, and any county or municipal health department;
15             (6)  personnel of the Department of Human  Services,
16        the  Guardianship and Advocacy Commission, the State Fire
17        Marshal, local fire departments, the Department on  Aging
18        and  its  subsidiary  Area Agencies on Aging and provider
19        agencies,  and  the  Office  of  State  Long  Term   Care
20        Ombudsman;
21             (7)  any  employee  of  the  State  of  Illinois not
22        otherwise specified herein who is involved  in  providing
23        services  to  eligible  adults,  including  professionals
24        providing  medical  or  rehabilitation  services  and all
25        other persons having direct contact with eligible adults;
26        or
27             (9)  a person who performs the duties of  a  coroner
28        or medical examiner.
29        (g)  "Neglect"  means  another  individual's  failure  to
30    provide an eligible adult with or willful withholding from an
31    eligible  adult  the  necessities  of life including, but not
32    limited to, food, clothing, shelter  or  medical  care.  This
33    subsection  does  not  create  any  new  affirmative  duty to
34    provide support to eligible  adults.   Nothing  in  this  Act
 
SB745 Engrossed             -1039-             LRB9101253EGfg
 1    shall be construed to mean that an eligible adult is a victim
 2    of  neglect  because  of health care services provided or not
 3    provided by licensed health care professionals.
 4        (h)  "Provider agency"  means  any  public  or  nonprofit
 5    agency  in  a  planning  and  service  area  appointed by the
 6    regional administrative agency with  prior  approval  by  the
 7    Department  on Aging to receive and assess reports of alleged
 8    or suspected abuse, neglect, or financial exploitation.
 9        (i)  "Regional administrative agency" means any public or
10    nonprofit agency in a planning and service area so designated
11    by the Department, provided that the designated  Area  Agency
12    on  Aging  shall  be  designated  the regional administrative
13    agency if it so requests. The  Department  shall  assume  the
14    functions  of  the  regional  administrative  agency  for any
15    planning and service area where  another  agency  is  not  so
16    designated.
17        (j)  "Substantiated   case"  means  a  reported  case  of
18    alleged   or   suspected   abuse,   neglect,   or   financial
19    exploitation in which a provider  agency,  after  assessment,
20    determines that there is reason to believe abuse, neglect, or
21    financial exploitation has occurred.
22    (Source: P.A. 90-628, eff. 1-1-99; revised 9-24-98.)

23        Section  181.   The  Senior Citizens and Disabled Persons
24    Property Tax Relief  and  Pharmaceutical  Assistance  Act  is
25    amended by changing Sections 3.09, 4, and 6 as follows:

26        (320 ILCS 25/3.09) (from Ch. 67 1/2, par. 403.09)
27        Sec. 3.09.  "Property taxes accrued" means the ad valorem
28    property  taxes  extended  against  a residence, but does not
29    include special assessments, interest or charges for service.
30    In the case of real estate improved with a  multidwelling  or
31    multipurpose  building,  "property  taxes  accrued"  extended
32    against a residence within such a building is an amount equal
 
SB745 Engrossed             -1040-             LRB9101253EGfg
 1    to  the  same percentage of the total property taxes extended
 2    against that real estate as improved  as  the  value  of  the
 3    residence  is  to  the  total  value of the building.  If the
 4    multidwelling  building  is   owned   and   operated   as   a
 5    cooperative,  the  value  of  an  individual residence is the
 6    value of the interest in the cooperative held by the owner of
 7    record of the legal  or  equitable  interest,  other  than  a
 8    leasehold  interest,  in  the  cooperative  which confers the
 9    right to occupy that residence. In determining the amount  of
10    grant under Section 4 for 1976 and thereafter, the applicable
11    "property  taxes  accrued", as determined under this Section,
12    are those payable or paid in the last preceding taxable year.
13        In addition, if the residence is a mobile home as defined
14    in and subject to the tax imposed by the  Mobile  Home  Local
15    Services  Tax  Act  "An Act to provide for a privilege tax on
16    mobile homes", approved  August  28,  1973,  "property  taxes
17    accrued" includes the amount of privilege tax paid during the
18    calendar  year  for which benefits are claimed under that Act
19    on that mobile home.
20    (Source: P.A. 79-1049; revised 10-31-98.)

21        (320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
22        Sec. 4.  Amount of Grant.
23        (a)  In general. Any individual 65 years or older or  any
24    individual  who  will become 65 years old during the calendar
25    year in which a claim is filed, and any surviving  spouse  of
26    such  a  claimant,  who  at the time of death received or was
27    entitled to receive a grant pursuant to this  Section,  which
28    surviving  spouse  will  become 65 years of age within the 24
29    months immediately following the death of such  claimant  and
30    which  surviving  spouse  but for his or her age is otherwise
31    qualified to receive a grant pursuant to  this  Section,  and
32    any  disabled  person  whose  annual household income is less
33    than $14,000 for grant years before the 1998 grant  year  and
 
SB745 Engrossed             -1041-             LRB9101253EGfg
 1    less  than $16,000 for the 1998 grant year and thereafter and
 2    whose household is  liable  for  payment  of  property  taxes
 3    accrued  or has paid rent constituting property taxes accrued
 4    and is domiciled in this State at the time he files his claim
 5    is entitled to claim a grant under this Act. With respect  to
 6    claims  filed  by  individuals  who  will become 65 years old
 7    during the calendar year in  which  a  claim  is  filed,  the
 8    amount of any grant to which that household is entitled shall
 9    be  an  amount  equal  to  1/12  of  the  amount to which the
10    claimant would otherwise be  entitled  as  provided  in  this
11    Section,  multiplied  by  the  number  of months in which the
12    claimant was 65 in the calendar year in which  the  claim  is
13    filed.
14        (b)  Limitation.    Except   as   otherwise  provided  in
15    subsections (a) and (f) of this Section, the  maximum  amount
16    of  grant which a claimant is entitled to claim is the amount
17    by which the  property  taxes  accrued  which  were  paid  or
18    payable   during   the   last  preceding  tax  year  or  rent
19    constituting  property  taxes  accrued  upon  the  claimant's
20    residence for the last preceding taxable year exceeds 3  1/2%
21    of  the  claimant's  household income for that year but in no
22    event is the grant to exceed (i) $700 less 4.5% of  household
23    income  for  that  year  for those with a household income of
24    $14,000 or less or (ii) $70 if household income for that year
25    is more than $14,000 but less than $16,000.
26        (c)  Public aid recipients.  If household income  in  one
27    or  more  months  during  a  year includes cash assistance in
28    excess of $55 per month from the Department of Public Aid  or
29    the  Department of Human Services (acting as successor to the
30    Department of  Public  Aid  under  the  Department  of  Human
31    Services Act)  which was determined under regulations of that
32    Department  on  a  measure of need that included an allowance
33    for actual rent or property taxes paid by  the  recipient  of
34    that  assistance, the amount of grant to which that household
 
SB745 Engrossed             -1042-             LRB9101253EGfg
 1    is entitled, except as otherwise provided in subsection  (a),
 2    shall  be  the  product of (1) the maximum amount computed as
 3    specified in subsection (b) of this Section and (2) the ratio
 4    of the number of months in which  household  income  did  not
 5    include  such  cash assistance over $55 to the number twelve.
 6    If household income did not include such cash assistance over
 7    $55 for any months during the year, the amount of  the  grant
 8    to  which  the  household  is  entitled  shall be the maximum
 9    amount computed  as  specified  in  subsection  (b)  of  this
10    Section.    For   purposes   of  this  paragraph  (c),  "cash
11    assistance" does not include any amount  received  under  the
12    federal Supplemental Security Income (SSI) program.
13        (d)  Joint  ownership.  If title to the residence is held
14    jointly by the claimant with a person who is not a member  of
15    his  household,  the amount of property taxes accrued used in
16    computing the amount of grant to which he is  entitled  shall
17    be  the  same  percentage of property taxes accrued as is the
18    percentage  of  ownership  held  by  the  claimant   in   the
19    residence.
20        (e)  More than one residence.  If a claimant has occupied
21    more  than  one  residence  in the taxable year, he may claim
22    only one residence for any part of a month.  In the  case  of
23    property  taxes  accrued, he shall pro rate 1/12 of the total
24    property taxes accrued on his residence to each month that he
25    owned and occupied that residence; and, in the case  of  rent
26    constituting  property  taxes  accrued,  shall  pro rate each
27    month's rent payments  to  the  residence  actually  occupied
28    during that month.
29        (f)  There   is   hereby   established   a   program   of
30    pharmaceutical  assistance  to  the  aged  and disabled which
31    shall be administered by the Department  in  accordance  with
32    this Act, to consist of payments to authorized pharmacies, on
33    behalf  of  beneficiaries  of the program, for the reasonable
34    costs of covered prescription drugs.   Each  beneficiary  who
 
SB745 Engrossed             -1043-             LRB9101253EGfg
 1    pays  $40  for an identification card shall pay the first $15
 2    of prescription costs each month.  Each beneficiary who  pays
 3    $80  for  an  identification  card shall pay the first $25 of
 4    prescription  costs  each  month.   In  addition,   after   a
 5    beneficiary  receives  $800 in benefits during a State fiscal
 6    year, that beneficiary shall also be charged 20% of the  cost
 7    of  each  prescription  for  which  payments  are made by the
 8    program during the remainder of the fiscal year.  To become a
 9    beneficiary under this program a person must be: (1)  (i)  65
10    years  or  older,  or  (ii)  the  surviving  spouse of such a
11    claimant, who at the time of death received or  was  entitled
12    to  receive  benefits  pursuant  to  this  subsection,  which
13    surviving  spouse  will  become 65 years of age within the 24
14    months immediately following the death of such  claimant  and
15    which  surviving  spouse  but for his or her age is otherwise
16    qualified to receive benefits pursuant to this subsection, or
17    (iii) disabled, and (2) is domiciled in  this  State  at  the
18    time  he  files  his  or  her  claim,  and  (3) has a maximum
19    household income of less than $14,000 for grant years  before
20    the  1998 grant year and less than $16,000 for the 1998 grant
21    year and thereafter. In addition, each eligible  person  must
22    (1) obtain an identification card from the Department, (2) at
23    the  time the card is obtained, sign a statement assigning to
24    the State of Illinois benefits which may be otherwise claimed
25    under  any  private  insurance   plans,   (3)   present   the
26    identification card to the dispensing pharmacist.
27        Any   person   otherwise   eligible   for  pharmaceutical
28    assistance under this Act whose covered drugs are covered  by
29    any  public  program for assistance in purchasing any covered
30    prescription drugs shall be ineligible for  assistance  under
31    this  Act  to the extent such costs are covered by such other
32    plan.
33        The  fee  to  be  charged  by  the  Department  for   the
34    identification  card  shall be equal to $40 for persons below
 
SB745 Engrossed             -1044-             LRB9101253EGfg
 1    the official poverty line as defined  by  the  United  States
 2    Department of Health and Human Services and $80 for all other
 3    persons.
 4        In  the event that 2 or more persons are eligible for any
 5    benefit  under  this  Act,  and  are  members  of  the   same
 6    household,   (1)  each  such  person  shall  be  entitled  to
 7    participate  in  the   pharmaceutical   assistance   program,
 8    provided  that he or she meets all other requirements imposed
 9    by this  subsection  and  (2)  each  participating  household
10    member  contributes  the  fee required for that person by the
11    preceding  paragraph  for  the  purpose   of   obtaining   an
12    identification  card.  Persons eligible for any benefit under
13    this Act due to become  65  in  calendar  year  1984  or  any
14    subsequent  calendar  year  in  which  a  claim  is filed are
15    excluded from the benefit prescribed in this  subsection  (f)
16    (g) for the calendar year in which they become 65.
17    (Source: P.A.  89-507,  eff.  7-1-97;  90-650,  eff. 7-27-98;
18    revised 11-18-98.)

19        (320 ILCS 25/6) (from Ch. 67 1/2, par. 406)
20        Sec. 6.  Administration.
21        (a)  In general.  Upon receipt of a timely  filed  claim,
22    the  Department  shall  determine  whether  the claimant is a
23    person entitled to a grant under this Act and the  amount  of
24    grant  to which he is entitled under this Act. The Department
25    may require the claimant to furnish reasonable proof  of  the
26    statements of domicile, household income, rent paid, property
27    taxes  accrued  and  other  matters  on  which entitlement is
28    based, and  may  withhold  payment  of  a  grant  until  such
29    additional proof is furnished.
30        (b)  Rental  determination.  If the Department finds that
31    the gross rent used in the computation by a claimant of  rent
32    constituting  property  taxes accrued exceeds the fair rental
33    value for the right to occupy that residence, the  Department
 
SB745 Engrossed             -1045-             LRB9101253EGfg
 1    may  determine  the  fair rental value for that residence and
 2    recompute   rent   constituting   property   taxes    accrued
 3    accordingly.
 4        (c)  Fraudulent claims.  The Department shall deny claims
 5    which  have  been fraudulently prepared or when it finds that
 6    the claimant has acquired title to his residence or has  paid
 7    rent for his residence primarily for the purpose of receiving
 8    a grant under this Act.
 9        (d)  Pharmaceutical  Assistance.     The Department shall
10    allow all pharmacies licensed under the Pharmacy Practice Act
11    to participate as authorized pharmacies unless they have been
12    removed from that status for cause pursuant to the  terms  of
13    this  Section.  The Director of the Department may enter into
14    a written contract with any State agency, instrumentality  or
15    political  subdivision,  or  a  fiscal  intermediary  for the
16    purpose of  making  payments  to  authorized  pharmacies  for
17    covered  prescription  drugs  and coordinating the program of
18    pharmaceutical assistance established by this Act with  other
19    programs that provide payment for covered prescription drugs.
20    Such   agreement  shall  establish  procedures  for  properly
21    contracting for pharmacy services,  validating  reimbursement
22    claims,  validating compliance of dispensing pharmacists with
23    the contracts for participation required under this  Section,
24    validating  the  reasonable  costs  of  covered  prescription
25    drugs,    and   otherwise   providing   for   the   effective
26    administration of this Act.
27        The Department shall promulgate rules and regulations  to
28    implement   and  administer  the  program  of  pharmaceutical
29    assistance required by this  Act,  which  shall  include  the
30    following:
31             (1)  Execution   of  contracts  with  pharmacies  to
32        dispense covered prescription drugs. Such contracts shall
33        stipulate terms and conditions for authorized  pharmacies
34        participation  and  the  rights of the State to terminate
 
SB745 Engrossed             -1046-             LRB9101253EGfg
 1        such participation for breach of  such  contract  or  for
 2        violation of this Act or related rules and regulations of
 3        the Department;
 4             (2)  Establishment  of maximum limits on the size of
 5        prescriptions, new or refilled, which shall be in amounts
 6        sufficient for 34 days, except as otherwise specified  by
 7        rule for medical or utilization control reasons;
 8             (3)  Establishment  of liens upon any and all causes
 9        of action which accrue to a beneficiary as  a  result  of
10        injuries   for   which  covered  prescription  drugs  are
11        directly  or  indirectly  required  and  for  which   the
12        Director  made  payment  or  became liable for under this
13        Act;
14             (4)  Charge or collection  of  payments  from  third
15        parties  or  private  plans  of assistance, or from other
16        programs of public  assistance  for  any  claim  that  is
17        properly  chargeable  under  the  assignment  of benefits
18        executed by beneficiaries as a requirement of eligibility
19        for the  pharmaceutical  assistance  identification  card
20        under this Act;
21             (5)  Inspection  of appropriate records and audit of
22        participating authorized pharmacies  to  ensure  contract
23        compliance,  and to determine any fraudulent transactions
24        or practices under this Act;
25             (6)  Annual determination of the reasonable costs of
26        covered prescription drugs for which  payments  are  made
27        under this Act, as provided in Section 3.16;
28             (7)  Payment   to   pharmacies  under  this  Act  in
29        accordance with the State Prompt Payment Act "An  Act  to
30        require  prompt  payments  by  the  State of Illinois for
31        goods and services", approved December 19, 1975.
32        The Department shall annually report to the Governor  and
33    the  General  Assembly  by  March  1st  of  each  year on the
34    administration of pharmaceutical assistance under  this  Act.
 
SB745 Engrossed             -1047-             LRB9101253EGfg
 1    By  the  effective  date  of  this  Act  the Department shall
 2    determine the reasonable costs of covered prescription  drugs
 3    in accordance with Section 3.16 3-16 of this Act.
 4    (Source: P.A. 85-797; revised 10-31-98.)

 5        Section   182.   The  Senior  Citizens  Real  Estate  Tax
 6    Deferral Act is amended by changing Section 3 as follows:

 7        (320 ILCS 30/3) (from Ch. 67 1/2, par. 453)
 8        Sec. 3.  A taxpayer may, on or before  March  1  of  each
 9    year,  apply  to the county collector of the county where his
10    qualifying property is located, or to the official designated
11    by a unit of local government to collect special  assessments
12    on  the  qualifying  property,  as  the  case  may  be, for a
13    deferral of all or a part of real estate taxes payable during
14    that year for the preceding year in the case of  real  estate
15    taxes  other  than  special assessments, or for a deferral of
16    any installments payable during that  year  in  the  case  of
17    special  assessments,  on  all  or  part  of  his  qualifying
18    property.   The  application shall be on a form prescribed by
19    the Department and furnished by the  collector,  (a)  showing
20    that  (a)  the  applicant will be 65 years of age or older by
21    June 1 of the year for which a tax deferral is  claimed,  (b)
22    describing  the  property  and verifying that the property is
23    qualifying property as defined in Section 2,  (c)  certifying
24    that  the  taxpayer  has  owned and occupied as his residence
25    such property or other qualifying property in the  State  for
26    at least the last 3 years except for any periods during which
27    the  taxpayer  may  have  temporarily resided in a nursing or
28    sheltered care home, and (d) specifying whether the  deferral
29    is  for  all  or a part of the taxes, and, if for a part, the
30    amount of deferral applied for. As to qualifying property not
31    having a separate assessed valuation, the taxpayer shall also
32    file with the county collector a  written  appraisal  of  the
 
SB745 Engrossed             -1048-             LRB9101253EGfg
 1    property  prepared  by  a  qualified  real  estate  appraiser
 2    together  with  a certificate signed by the appraiser stating
 3    that he has personally  examined  the  property  and  setting
 4    forth  the  value  of the land and the value of the buildings
 5    thereon occupied by the taxpayer as his residence.
 6        The collector shall grant the tax deferral provided  such
 7    deferral  does  not  exceed  funds  available  in  the Senior
 8    Citizens Real Estate Deferred Tax Revolving Fund and provided
 9    that the owner or owners of such real property  have  entered
10    into a tax deferral and recovery agreement with the collector
11    on  behalf  of  the county or other unit of local government,
12    which agreement expressly states:
13        (1)  That the total amount of taxes deferred  under  this
14    Act,  plus interest, for the year for which a tax deferral is
15    claimed as well as for those previous years for  which  taxes
16    are  not  delinquent  and  for  which  such deferral has been
17    claimed may not exceed 80% of the taxpayer's equity  interest
18    in  the property for which taxes are to be deferred and that,
19    if the total deferred taxes plus interest equals 80%  of  the
20    taxpayer's  equity  interest  in  the  property, the taxpayer
21    shall thereafter pay the annual interest due on such deferred
22    taxes  plus  interest  so  that  total  deferred  taxes  plus
23    interest will not exceed such 80% of  the  taxpayer's  equity
24    interest in the property.;
25        (2)  That  any  real estate taxes deferred under this Act
26    and any interest accrued thereon at the rate of 6%  per  year
27    are  a lien on the real estate and improvements thereon until
28    paid.  No sale or transfer  of  such  real  property  may  be
29    legally  closed  and  recorded  until  the  taxes which would
30    otherwise  have  been  due  on  the  property,  plus  accrued
31    interest, have been paid unless the  collector  certifies  in
32    writing  that an arrangement for prompt payment of the amount
33    due has been made with his office.  The same shall  apply  if
34    the property is to be made the subject of a contract of sale.
 
SB745 Engrossed             -1049-             LRB9101253EGfg
 1        (3)  That  upon  the  death  of the taxpayer claiming the
 2    deferral the heirs-at-law, assignees or legatees  shall  have
 3    first  priority  to  the  real property upon which taxes have
 4    been deferred by paying in full the total taxes  which  would
 5    otherwise  have  been  due,  plus interest.  However, if such
 6    heir-at-law, assignee, or legatee is a surviving spouse,  the
 7    tax deferred status of the property shall be continued during
 8    the  life  of that surviving spouse if the spouse is 55 years
 9    of age or older within 6 months of the date of death  of  the
10    taxpayer   and  enters  into  a  tax  deferral  and  recovery
11    agreement before the time  when  deferred  taxes  become  due
12    under  this  Section.   Any  additional  taxes deferred, plus
13    interest, on the real  property  under  a  tax  deferral  and
14    recovery  agreement  signed  by  a  surviving spouse shall be
15    added to the taxes and interest which  would  otherwise  have
16    been  due, and the payment of which has been postponed during
17    the life of such surviving spouse,  in  determining  the  80%
18    equity requirement provided by this Section.
19        (4)  That  if  the taxes due, plus interest, are not paid
20    by the heir-at-law, assignee or legatee or if payment is  not
21    postponed during the life of a surviving spouse, the deferred
22    taxes  and interest shall be recovered from the estate of the
23    taxpayer within one year  of  the  date  of  his  death.   In
24    addition, deferred real estate taxes and any interest accrued
25    thereon  are  due  within  90  days  after  any  tax deferred
26    property ceases to  be  qualifying  property  as  defined  in
27    Section 2.
28        If  payment  is  not  made when required by this Section,
29    foreclosure proceedings may be instituted under the  Property
30    Tax Code.
31        (5)  That   any  joint  owner  has  given  written  prior
32    approval for such agreement, which written approval shall  be
33    made a part of such agreement.
34        (6)  That  a guardian for a person under legal disability
 
SB745 Engrossed             -1050-             LRB9101253EGfg
 1    appointed for a taxpayer who otherwise qualifies  under  this
 2    Act may act for the taxpayer in complying with this Act.
 3        (7)  That  a  taxpayer  or  his agent has provided to the
 4    satisfaction of the collector, sufficient evidence  that  the
 5    qualifying  property on which the taxes are to be deferred is
 6    insured against fire or casualty loss for at least the  total
 7    amount of taxes which have been deferred.
 8        If  the taxes to be deferred are special assessments, the
 9    unit of local government making the assessments shall forward
10    a copy of the agreement entered into pursuant to this Section
11    and the bills for such assessments to the county collector of
12    the county in which the qualifying property is located.
13    (Source: P.A. 90-170, eff. 7-23-97; revised 10-31-98.)

14        Section 183.  The Abused and  Neglected  Child  Reporting
15    Act is amended by changing Section 11.1 as follows:

16        (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
17        Sec. 11.1.  Access to records.
18        (a)  A  person shall have access to the records described
19    in Section  11  only  in  furtherance  of  purposes  directly
20    connected   with  the  administration  of  this  Act  or  the
21    Intergovernmental Missing Child Recovery Act of 1984.   Those
22    persons and purposes for access include:
23             (1)  Department  staff  in  the furtherance of their
24        responsibilities under this Act, or for  the  purpose  of
25        completing   background   investigations  on  persons  or
26        agencies licensed by the  Department  or  with  whom  the
27        Department  contracts  for the provision of child welfare
28        services.
29             (2)  A law enforcement agency investigating known or
30        suspected child abuse  or  neglect,  known  or  suspected
31        involvement  with  child  pornography, known or suspected
32        criminal sexual  assault,  known  or  suspected  criminal
 
SB745 Engrossed             -1051-             LRB9101253EGfg
 1        sexual abuse, or any other sexual offense when a child is
 2        alleged to be involved.
 3             (3)  The    Department    of   State   Police   when
 4        administering the  provisions  of  the  Intergovernmental
 5        Missing Child Recovery Act of 1984.
 6             (4)  A  physician who has before him a child whom he
 7        reasonably suspects may be abused or neglected.
 8             (5)  A person authorized under Section 5 of this Act
 9        to place a child in  temporary  protective  custody  when
10        such  person  requires  the  information in the report or
11        record  to  determine  whether  to  place  the  child  in
12        temporary protective custody.
13             (6)  A person having  the  legal  responsibility  or
14        authorization to care for, treat, or supervise a child or
15        a  parent,  guardian, or other person responsible for the
16        child's welfare who is the subject of a report.
17             (7)  Except in  regard  to  harmful  or  detrimental
18        information  as  provided in Section 7.19, any subject of
19        the report, and if the subject of the report is a  minor,
20        his guardian or guardian ad litem.
21             (8)  A  court,  upon its finding that access to such
22        records may be necessary  for  the  determination  of  an
23        issue  before  such  court; however, such access shall be
24        limited  to  in  camera  inspection,  unless  the   court
25        determines  that  public  disclosure  of  the information
26        contained therein is necessary for the resolution  of  an
27        issue then pending before it.
28             (8.1)  A   probation  officer  or  other  authorized
29        representative  of  a   probation   or   court   services
30        department conducting an investigation ordered by a court
31        under the Juvenile Court Act of l987.
32             (9)  A  grand  jury,  upon  its  determination  that
33        access to such records is necessary in the conduct of its
34        official business.
 
SB745 Engrossed             -1052-             LRB9101253EGfg
 1             (10)  Any  person  authorized  by  the  Director, in
 2        writing, for audit or bona fide research purposes.
 3             (11)  Law enforcement agencies, coroners or  medical
 4        examiners, physicians, courts, school superintendents and
 5        child   welfare   agencies   in   other  states  who  are
 6        responsible for child abuse or neglect investigations  or
 7        background investigations.
 8             (12)  The Department of Professional Regulation, the
 9        State  Board  of  Education and school superintendents in
10        Illinois, who may use or disclose  information  from  the
11        records  as they deem necessary to conduct investigations
12        or take disciplinary action, as provided by law.
13             (13)  A coroner or medical examiner who  has  reason
14        to  believe  that a child has died as the result of abuse
15        or neglect.
16             (14)  The Director of a State-operated facility when
17        an employee of that facility is  the  perpetrator  in  an
18        indicated report.
19             (15)  The operator of a licensed child care facility
20        or  a  facility  licensed  by  the  Department  of  Human
21        Services  (as  successor  to the Department of Alcoholism
22        and Substance Abuse) in  which  children  reside  when  a
23        current  or  prospective employee of that facility is the
24        perpetrator  in  an  indicated  child  abuse  or  neglect
25        report, pursuant to Section 4.3 of the Child Care Act  of
26        1969.
27             (16)  Members  of  a  multidisciplinary  team in the
28        furtherance of its responsibilities under subsection  (b)
29        of  Section  7.1.  All reports concerning child abuse and
30        neglect   made   available    to    members    of    such
31        multidisciplinary  teams  and  all records generated as a
32        result of such reports shall be  confidential  and  shall
33        not  be  disclosed,  except as specifically authorized by
34        this Act or other  applicable  law.   It  is  a  Class  A
 
SB745 Engrossed             -1053-             LRB9101253EGfg
 1        misdemeanor   to   permit,   assist   or   encourage  the
 2        unauthorized release of any information contained in such
 3        reports or records.  Nothing contained  in  this  Section
 4        prevents  the  sharing  of reports or records relating or
 5        pertaining to the death of a minor under the care  of  or
 6        receiving  services  from  the Department of Children and
 7        Family  Services  and  under  the  jurisdiction  of   the
 8        juvenile  court  with  the  juvenile  court,  the State's
 9        Attorney, and the minor's attorney.
10             (17)  The Department of Human Services, as  provided
11        in Section 17 of the Disabled Persons Rehabilitation Act.
12             (18)  Any   other   agency  or  investigative  body,
13        including the Department of Public  Health  and  a  local
14        board  of  health,  authorized by State law to conduct an
15        investigation  into  the  quality  of  care  provided  to
16        children in hospitals  and  other  State  regulated  care
17        facilities.   The  access   to and release of information
18        from such records shall be subject to the approval of the
19        Director of the Department or his designee.
20             (19)  The person appointed, under  Section  2-17  of
21        the  Juvenile Court Act of 1987, as the guardian ad litem
22        of a minor who is the subject  of  a  report  or  records
23        under this Act.
24        (b)  (20)  Nothing  contained  in  this  Act prevents the
25    sharing or disclosure of information or records  relating  or
26    pertaining  to  juveniles  subject  to  the provisions of the
27    Serious Habitual Offender Comprehensive Action  Program  when
28    that   information   is   used   to   assist   in  the  early
29    identification and treatment of habitual juvenile offenders.
30        (c) (21)  To the extent  that  persons  or  agencies  are
31    given  access  to information pursuant to this Section, those
32    persons or agencies may give this information to and  receive
33    this  information  from  each other in order to facilitate an
34    investigation conducted by those persons or agencies.
 
SB745 Engrossed             -1054-             LRB9101253EGfg
 1    (Source: P.A.  89-507,  eff.  7-1-97;  90-15,  eff.  6-13-97;
 2    revised 10-31-98.)

 3        Section 184.  The Early Intervention Services System  Act
 4    is amended by changing Section 4 as follows:

 5        (325 ILCS 20/4) (from Ch. 23, par. 4154)
 6        Sec.   4.   Illinois   Interagency   Council   on   Early
 7    Intervention.
 8        (a)  There   is   established  the  Illinois  Interagency
 9    Council on Early Intervention. The Council shall be  composed
10    of  at least 15 but not more than 25 members.  The members of
11    the Council and the designated  chairperson  of  the  Council
12    shall  be  appointed  by  the  Governor.  The  Council member
13    representing the lead agency may not serve as chairperson  of
14    the  Council.  The Council shall be composed of the following
15    members:
16             (1)  The Secretary of Human Services (or his or  her
17        designee)   and   2  additional  representatives  of  the
18        Department of Human Services designated by the Secretary,
19        plus the Directors (or their designees) of the  following
20        State  agencies  involved  in the provision of or payment
21        for early intervention services to eligible  infants  and
22        toddlers and their families:
23                  (A)  Illinois State Board of Education;
24                  (B)  (Blank);
25                  (C)  (Blank);
26                  (D)  Illinois Department of Children and Family
27             Services;
28                  (E)  University   of   Illinois   Division   of
29             Specialized Care for Children;
30                  (F)  Illinois Department of Public Aid;
31                  (G)  Illinois Department of Public Health;
32                  (H)  (Blank);
 
SB745 Engrossed             -1055-             LRB9101253EGfg
 1                  (I)  Illinois Planning Council on Developmental
 2             Disabilities; and
 3                  (J)  Illinois Department of Insurance.
 4             (2)  Other members as follows:
 5                  (A)  At least 20% of the members of the Council
 6             shall  be  parents,  including  minority parents, of
 7             infants or toddlers with  disabilities  or  children
 8             with disabilities aged 12 or younger, with knowledge
 9             of,  or  experience  with,  programs for infants and
10             toddlers  with  disabilities.   At  least  one  such
11             member shall be a parent of  an  infant  or  toddler
12             with  a disability or a child with a disability aged
13             6 or younger;
14                  (B)  At least 20% of the members of the Council
15             shall  be  public  or  private  providers  of  early
16             intervention services;
17                  (C)  One member shall be  a  representative  of
18             the General Assembly; and
19                  (D)  One   member  shall  be  involved  in  the
20             preparation  of  professional  personnel  to   serve
21             infants  and  toddlers similar to those eligible for
22             services under this Act.
23        The Council shall meet at least  quarterly  and  in  such
24    places  as  it deems necessary.  Terms of the initial members
25    appointed under paragraph (2) shall be determined by  lot  at
26    the   first  Council  meeting  as  follows:  of  the  persons
27    appointed under subparagraphs (A) and  (B),  one-third  shall
28    serve one year terms, one-third shall serve 2 year terms, and
29    one-third  shall  serve  3  year  terms;  and  of the persons
30    appointed under subparagraphs (C) and (D), one shall serve  a
31    2  year  term and one shall serve a 3 year term.  Thereafter,
32    successors appointed under paragraph (2) shall serve  3  year
33    terms.  Once appointed, members shall continue to serve until
34    their successors are appointed.  No member shall be appointed
 
SB745 Engrossed             -1056-             LRB9101253EGfg
 1    to serve more than 2 consecutive terms.
 2        Council  members  shall  serve  without  compensation but
 3    shall be reimbursed for  reasonable  costs  incurred  in  the
 4    performance of their duties, including costs related to child
 5    care,  and  parents  may be paid a stipend in accordance with
 6    applicable requirements.
 7        The Council shall prepare  and  approve  a  budget  using
 8    funds  appropriated for the purpose to hire staff, and obtain
 9    the services of such professional,  technical,  and  clerical
10    personnel  as  may  be  necessary  to carry out its functions
11    under this Act.  This funding  support  and  staff  shall  be
12    directed by the lead agency.
13        (b)  The Council shall:
14             (1)  advise  and  assist  the  lead  agency  in  the
15        performance  of  its  responsibilities  including but not
16        limited to the identification of sources  of  fiscal  and
17        other  support  services for early intervention programs,
18        and the promotion of interagency agreements which  assign
19        financial responsibility to the appropriate agencies;
20             (2)  advise  and  assist  the  lead  agency  in  the
21        preparation    of    applications   and   amendments   to
22        applications;
23             (3)  review and advise on relevant  regulations  and
24        standards proposed by the related State agencies;
25             (4)  advise  and  assist  the  lead  agency  in  the
26        development,   implementation   and   evaluation  of  the
27        comprehensive early intervention services system; and
28             (5)  prepare and submit  an  annual  report  to  the
29        Governor  and  to  the  General Assembly on the status of
30        early intervention  programs  for  eligible  infants  and
31        toddlers  and  their  families  in  Illinois.  The annual
32        report shall include (i) the estimated number of eligible
33        infants and toddlers in this State, (ii)  the  number  of
34        eligible  infants and toddlers who have received services
 
SB745 Engrossed             -1057-             LRB9101253EGfg
 1        under this Act and the cost of providing those  services,
 2        and  (iii) the estimated cost of providing services under
 3        this Act to all eligible infants  and  toddlers  in  this
 4        State.
 5        No  member  of  the  Council  shall  cast  a  vote  on or
 6    participate substantially in any matter which would provide a
 7    direct financial benefit to that member or otherwise give the
 8    appearance of a conflict of interest under State  law.    All
 9    provisions   and   reporting  requirements  of  the  Illinois
10    Governmental Ethics Act shall apply to Council members.
11    (Source: P.A.  89-294,  eff.  1-1-96;  89-507,  eff.  7-1-97;
12    89-626, eff. 8-9-96; revised 10-31-98.)

13        Section  185.   The Survivors Compensation Act is amended
14    by changing Section 2 as follows:

15        (330 ILCS 100/2) (from Ch. 126 1/2, par. 57.82)
16        Sec. 2.  Persons entitled to compensation.  The widow  or
17    widower,  child or children, mother, father, persons standing
18    in loco parentis, brothers and sisters, in the  order  named,
19    of  any  deceased person if (a) that person was a resident of
20    Illinois for  at least 12 months immediately preceding  entry
21    into military service and (b) that person's death was service
22    connected  as  a  result  of  hostile  action with unfriendly
23    forces during a period which has not been recognized by award
24    of a U.S. campaign or service medal, shall  be  paid  $1,000.
25    Where  a  preceding  beneficiary  fails  to  file  a claim of
26    compensation  after  the  official  notice  of   death,   the
27    Department  of Veterans' Affairs may accept applications from
28    succeeding beneficiaries  and  such  beneficiaries  may  then
29    proceed  to  qualify upon submission of satisfactory proof of
30    eligibility.
31    (Source: P.A. 85-170; revised 10-31-98.)
 
SB745 Engrossed             -1058-             LRB9101253EGfg
 1        Section 186.  The Veterans Burial Places Act  is  amended
 2    by changing Section 1 as follows:

 3        (330 ILCS 110/1) (from Ch. 21, par. 59a)
 4        Sec.  1. For the purpose of locating the burial places of
 5    United States War Veterans and reporting to the United States
 6    Government under the provisions of the Federal Law respecting
 7    the erection of headstones at the graves of United States War
 8    Veterans and the  erection  of  memorial  markers  where  the
 9    remains of such veterans were not recovered or were buried at
10    sea,  the  Department  of  Veterans' Affairs shall maintain a
11    card file Roll of  Honor,  alphabetically  arranged,  of  all
12    veterans buried in the State or, if no remains were recovered
13    or  if  such  remains were buried at sea, of all the memorial
14    markers  for  such  veterans  placed  in  the  State  and  an
15    additional record by counties showing the burials or memorial
16    markers in each cemetery in each county. The records, so  far
17    as  obtainable,  shall  contain  the name of the veteran, war
18    served in, his rank, organizations, dates of  enlistment  and
19    discharge,  date  of  death, description of grave or memorial
20    marker, and name and location of cemetery. It shall  also  be
21    his  duty  to  prepare requisitions on the Federal Government
22    for headstones or memorial markers when same are desired  and
23    to  supervise  their transportation from the railroad station
24    to and erection at the grave of the veteran or  at  the  site
25    for  the  erection  of  a  memorial marker if no remains were
26    recovered or if such remains were buried at  sea,  certifying
27    bills for same for payment.
28        The  Department  of Veterans' Affairs, shall appoint such
29    additional employees as  may  be  required  to  maintain  the
30    records   of   War   Veterans  Graves  and  Memorial  Markers
31    Registration. The appointment of such employees shall not  be
32    subject  to  the  provisions  of  any  law  relating to civil
33    service or job classification on a merit basis.
 
SB745 Engrossed             -1059-             LRB9101253EGfg
 1        "United States War Veterans", for purposes of  this  Act,
 2    means:
 3        (1)  Soldiers  of the Union and Confederate Armies of the
 4    Civil War.
 5        (2)  Members of the Armed Forces  of  the  United  States
 6    dying  in  the  service and former members whose last service
 7    terminated honorably.
 8        (3)  Persons buried in post and national cemeteries.
 9        (4)  Members of a reserve component of the  Armed  Forces
10    of  the United States, and members of the Army National Guard
11    or  the  Air  National  Guard,  whose  death  occurred  under
12    honorable conditions while they were:
13             (a)  on active  duty  for  training,  or  performing
14        full-time  service under Section 316, 503, 504, or 505 of
15        Title 32, United States Code;
16             (b)  performing authorized travel to  or  from  that
17        duty or service;
18             (c)  on authorized inactive duty training, including
19        training  performed as members of the Army National Guard
20        or the Air National Guard; or
21             (d)  hospitalized or undergoing  treatment,  at  the
22        expense  of  the  United  States,  for  injury or disease
23        contracted or incurred under honorable  conditions  while
24        they were:
25                  (i)  on that duty or service;
26                  (ii)  performing  that  travel or inactive duty
27             training; or
28                  (iii)  undergoing   that   hospitalization   or
29             treatment at the expenses of the United States.
30        (5)  Members of the Reserve Officers  Training  Corps  of
31    the  Army,  Navy,  or  Air  Force  whose death occurred under
32    honorable conditions while they were:
33             (a)  attending an authorized training camp or on  an
34        authorized practice cruise;
 
SB745 Engrossed             -1060-             LRB9101253EGfg
 1             (b)  performing  authorized  travel  to or from that
 2        camp or cruise; or
 3             (c)  hospitalized or undergoing  treatment,  at  the
 4        expense  of  the  United  States,  for  injury or disease
 5        contracted or incurred under honorable  conditions  while
 6        they were:
 7                  (i)  attending that camp or on that cruise;
 8                  (ii)  performing that travel; or
 9                  (iii)  undergoing   that   hospitalization   or
10             treatment at the expense of the United States.
11    (Source: P.A. 81-167; revised 10-31-98.)

12        Section   187.    The  Mental  Health  and  Developmental
13    Disabilities Code is  amended  by  changing  Sections  2-114,
14    3-202, 4-209, and 4-210 as follows:

15        (405 ILCS 5/2-114) (from Ch. 91 1/2, par. 2-114)
16        Sec.  2-114.   (a) Whenever an attorney or other advocate
17    from the Guardianship and Advocacy Commission or  the  agency
18    designated  by the Governor under Section 1 of the Protection
19    and Advocacy for Developmentally Disabled Persons Act "An Act
20    in relation to the protection and advocacy of the  rights  of
21    persons  with  developmental  disabilities, and amending Acts
22    therein named", approved September 20,  1985,  or  any  other
23    attorney advises a facility in which a recipient is receiving
24    inpatient   mental  health  services  that  he  is  presently
25    representing the recipient, or  has  been  appointed  by  any
26    court or administrative agency to do so or has been requested
27    to  represent  the  recipient  by a member of the recipient's
28    family, the facility shall,  subject  to  the  provisions  of
29    Section  2-113  of  this  Code,  disclose  to the attorney or
30    advocate whether the recipient is presently residing  in  the
31    facility  and,  if  so,  how  the  attorney  or  advocate may
32    communicate with the recipient.
 
SB745 Engrossed             -1061-             LRB9101253EGfg
 1        (b)  The facility  may  take  reasonable  precautions  to
 2    identify  the  attorney  or  advocate. No further information
 3    shall be disclosed to the  attorney  or  advocate  except  in
 4    conformity with the authorization procedures contained in the
 5    Mental Health and Developmental Disabilities Confidentiality
 6    this Act.
 7        (c)  Whenever  the  location  of  the  recipient has been
 8    disclosed to an attorney or advocate, the  facility  director
 9    shall  inform  the recipient of that fact and shall note this
10    disclosure in the recipient's records.
11        (d)  An attorney or advocate who receives any information
12    under this Section  may  not  disclose  this  information  to
13    anyone  else  without  the  written  consent of the recipient
14    obtained pursuant to Section  5  of  the  Mental  Health  and
15    Developmental Disabilities Confidentiality Act this Code.
16    (Source: P.A. 86-1417; revised 12-23-98.)

17        (405 ILCS 5/3-202) (from Ch. 91 1/2, par. 3-202)
18        Sec.  3-202.   (a)  Every  mental  health  facility shall
19    maintain adequate records which shall include the Section  of
20    this  Chapter  under  which  the  recipient was admitted, any
21    subsequent change in the recipient's  status,  and  requisite
22    documentation for such admission and status.
23        (b)  Nothing contained in this Chapter shall be construed
24    to  limit  or otherwise affect the power of any mental health
25    facility to determine the qualifications of persons  who  may
26    be  permitted  to  admit  recipients  to such facility.  This
27    subsection shall not affect or limit the powers of any  court
28    to  order  hospitalization  or  of  admission to a program of
29    alternative treatment as set forth in this Chapter.
30    (Source: P.A. 88-380; revised 10-31-98.)

31        (405 ILCS 5/4-209) (from Ch. 91 1/2, par. 4-209)
32        Sec. 4-209.  (a) Hearings under Sections 4-201.1,  4-312,
 
SB745 Engrossed             -1062-             LRB9101253EGfg
 1    4-704  and  4-709  of  this  Chapter  shall be conducted by a
 2    utilization review committee. The Secretary shall  appoint  a
 3    utilization  review  committee  at  each Department facility.
 4    Each  such  committee  shall  consist  of  multi-disciplinary
 5    professional staff members who are trained  and  equipped  to
 6    deal  with  the  habilitation needs of clients.  At least one
 7    member  of  the  committee  shall  be  a   qualified   mental
 8    retardation  professional. The client and the objector may be
 9    represented by persons of their choice.
10        (b)  The utilization review committee shall not be  bound
11    by  rules  of  evidence  or  procedure  but shall conduct the
12    proceedings in a manner intended to ensure  a  fair  hearing.
13    The  committee  may  make  such  investigation  as  it  deems
14    necessary.  It  may  administer  oaths and compel by subpoena
15    testimony and the production of records.  A  stenographic  or
16    audio recording of the proceedings shall be made and shall be
17    kept  in the client's record.  Within 3 days of conclusion of
18    the hearing, the  committee  shall  submit  to  the  facility
19    director   its  written  recommendations  which  include  its
20    factual  findings   and   conclusions.    A   copy   of   the
21    recommendations   shall  be  given  to  the  client  and  the
22    objector.
23        (c)  Within 7 days of receipt of the recommendations, the
24    facility director shall give written notice to the client and
25    objector   of   his   acceptance   or   rejection   of    the
26    recommendations  and  his  reason  therefor.  If the facility
27    director rejects the recommendations  or  if  the  client  or
28    objector requests review of the facility director's decision,
29    the  facility  director  shall promptly forward a copy of his
30    decision, the recommendations, and the record of the  hearing
31    to  the  Secretary  of  the  Department for final review. The
32    review of the facility director's decision shall  be  decided
33    by the Secretary or his or her designee within 30 days of the
34    receipt  of  a request for final review.  The decision of the
 
SB745 Engrossed             -1063-             LRB9101253EGfg
 1    facility director, or the decision of the Secretary  (or  his
 2    or her designee) if review was requested, shall be considered
 3    a  final  administrative  decision,  and  shall be subject to
 4    review under and in accordance with Article III of  the  Code
 5    of  Civil  Procedure.  The decision of the facility director,
 6    or the decision of the Secretary (or his or her designee)  if
 7    review   was   requested,   shall   be   considered  a  final
 8    administrative decision.
 9    (Source: P.A. 89-507, eff. 7-1-97; revised 10-31-98.)

10        (405 ILCS 5/4-210) (from Ch. 91 1/2, par. 4-210)
11        Sec.  4-210.  Whenever  a  petition  has  been   executed
12    pursuant  to  Sections  4-401  or  4-501,  and  prior  to the
13    examination for the  purpose  of  certification,  the  person
14    conducting  this  examination  shall  inform the person being
15    examined in a  simple  comprehensible  manner:   that  he  is
16    entitled  to  consult  with  a  relative, friend, or attorney
17    before the examination and that an attorney will be appointed
18    for him  if  he  desires;   that  he  will  be  evaluated  to
19    determine  if he meets the standard for judicial or emergency
20    admission;  that he does not have to talk to  the  examiner;:
21    and  that  any  statement  made  by him may be disclosed at a
22    court hearing on the issue of whether he meets  the  standard
23    for  judicial  admission.    If  the  respondent  is  not  so
24    informed,  the  examiner shall not be permitted to testify at
25    any subsequent  court  hearing  concerning  the  respondent's
26    admission.
27    (Source: P.A. 80-1414; revised 10-31-98.)

28        Section  188.   The  Uniform  Act  for the Extradition of
29    Persons of Unsound Mind is amended by changing Section  3  as
30    follows:

31        (405 ILCS 10/3) (from Ch. 91 1/2, par. 123)
 
SB745 Engrossed             -1064-             LRB9101253EGfg
 1        Sec.  3.  A person alleged to be of unsound mind found in
 2    this State, who has fled from another state, in which, at the
 3    time of his flight:
 4             (a)  he was under detention by law  in  a  hospital,
 5        asylum or other institution for the insane as a person of
 6        unsound mind,; or
 7             (b)  he  had  been  theretofore  determined by legal
 8        proceedings to be of  unsound  mind,  the  finding  being
 9        unreversed  and in full force and effect, and the control
10        of  his  person  having  been  acquired  by  a  court  of
11        competent jurisdiction of the state from which he  fled,;
12        or
13             (c)  he  was  subject  to  detention  in such state,
14        being  then  his  legal  domicile  (personal  service  of
15        process having been  made)  based  on  legal  proceedings
16        there pending to have him declared of unsound mind,:
17    shall, on demand of the executive authority of the state from
18    which he fled, be delivered up to be removed thereto.
19    (Source: Laws 1917, p. 345; revised 1-30-99.)

20        Section  189.  The Community Mental Health Act is amended
21    by changing Section 8 as follows:

22        (405 ILCS 20/8) (from Ch. 91 1/2, par. 308)
23        Sec. 8.    The  Secretary  of  Human  Services  may  make
24    grants-in-aid  to  such  county,  city, village, incorporated
25    town,  township,  public  health  district,   county   health
26    department,   multiple-county   health   department,   school
27    district  or  any  combination thereof in accordance with the
28    provisions  of  Section  34  of   the   Mental   Health   and
29    Developmental  Disabilities  Administrative Act.  However, no
30    such grants shall  be  made  without  first  considering  the
31    review and comments made by the board as set forth in Section
32    3e  3  (e) and responding thereto.  The Department shall make
 
SB745 Engrossed             -1065-             LRB9101253EGfg
 1    all rules necessary for carrying out the provisions  of  this
 2    Section,  including  the  setting of standards of eligibility
 3    for state assistance.
 4    (Source: P.A. 89-507, eff. 7-1-97; revised 10-31-98.)

 5        Section 190.  The Crematory Regulation Act is amended  by
 6    changing Section 80 as follows:

 7        (410 ILCS 18/80)
 8        Sec.  80.  Home  Rule.  The regulation of crematories and
 9    crematory  authorities  as  set  forth  in  this  Act  is  an
10    exclusive power and function of the State.  A home rule  unit
11    may  not regulate crematories or crematory authorities.  This
12    Section is a denial and limitation of home  rule  powers  and
13    functions under subsection (h) of Section 6 of or Article VII
14    of the Illinois Constitution.
15    (Source: P.A. 87-1187; revised 10-28-98.)

16        Section  191.   The Environmental Barriers Act is amended
17    by changing Section 6 as follows:

18        (410 ILCS 25/6) (from Ch. 111 1/2, par. 3716)
19        Sec. 6.  Civil  Enforcement.  (a)  The  Attorney  General
20    shall  have authority to enforce the standards.  The Attorney
21    General shall investigate any complaint or reported violation
22    of this Act and, where necessary to  ensure  compliance,  may
23    bring an action for any or all of the following:
24        (1)  mandamus;
25        (2)  injunction to halt construction or alteration of any
26    public  facility  or to require compliance with the standards
27    by any public facility which has been or is being constructed
28    or altered in violation of this Act;
29        (3)  injunction to halt construction of  any  multi-story
30    housing  unit  or to require compliance with the standards by
 
SB745 Engrossed             -1066-             LRB9101253EGfg
 1    any multi-story housing unit  which  has  been  or  is  being
 2    constructed in violation of this Act; or
 3        (4)  other appropriate relief.
 4    (Source: P.A. 84-948; revised 10-31-98.)

 5        Section  192.  The Illinois Rural/Downstate Health Act is
 6    amended by changing Sections 2 and 4 as follows:

 7        (410 ILCS 65/2) (from Ch. 111 1/2, par. 8052)
 8        Sec. 2. The General Assembly finds that citizens  in  the
 9    rural,  downstate and designated shortage areas of this State
10    are increasingly faced with problems in  accessing  necessary
11    health  care.  The  closure  of  small  rural  hospitals, the
12    inability of these  areas  to  attract  new  physicians,  the
13    elimination   of   existing  physician  services  because  of
14    increasing practice costs, including the  cost  of  providing
15    malpractice  insurance,  and the lack of systems of emergency
16    medical care contribute to the  access  problems  experienced
17    experience  by  these residents. While Illinois is not unique
18    in experiencing these  problems,  the  need  to  maintain  or
19    enhance  the  economies  of these areas of the State requires
20    that  new  and  innovative  strategies  be   identified   and
21    implemented  to respond to the health care needs of residents
22    of these areas. It is therefore the intent  of  this  General
23    Assembly to create a program to respond to this problem.
24        For  purposes  of  this  Act, "designated shortage areas"
25    means medically underserved areas or health manpower shortage
26    area as defined by the United States Department of Health and
27    Human Services or as otherwise  designated  by  the  Illinois
28    Department of Public Health.
29    (Source: P.A. 86-965; 86-1187; revised 10-31-98.)

30        (410 ILCS 65/4) (from Ch. 111 1/2, par. 8054)
31        Sec. 4.  The Center shall have the authority:
 
SB745 Engrossed             -1067-             LRB9101253EGfg
 1        (a)  To  assist  rural  communities  and  communities  in
 2    designated  shortage  areas by providing technical assistance
 3    to community leaders in defining their specific  health  care
 4    needs and identifying strategies to address those needs.
 5        (b)  To   link   rural  communities  and  communities  in
 6    designated shortage areas with other units in the  Department
 7    or other State agencies which can assist in the solution of a
 8    health care access problem.
 9        (c)  To   maintain   and   disseminate   information   on
10    innovative    health  care  strategies,  either  directly  or
11    indirectly.
12        (d)  To  administer  State  or  federal  grant   programs
13    relating  to  rural  health  or  medically  underserved areas
14    established by State or federal law  for  which  funding  has
15    been made available.
16        (e)  To  promote the development of primary care services
17    in rural areas and  designated  shortage  areas.  Subject  to
18    available  appropriations,  the Department may annually award
19    grants of up to $300,000 each to enable the  health  services
20    in   those   areas   to   offer  multi-service  comprehensive
21    ambulatory care, thereby improving  access  to  primary  care
22    services.   Grants   may   cover   operational  and  facility
23    construction  and  renovation  expenses,  including  but  not
24    limited to  the  cost  of  personnel,  medical  supplies  and
25    equipment,   patient   transportation,  and  health  provider
26    recruitment. The Department shall prescribe by rule standards
27    and procedures for the provision of local matching  funds  in
28    relation  to  each  grant  application. Grants provided under
29    this paragraph (e)  shall  be  in  addition  to  support  and
30    assistance  provided  under  Section  55.53(a)  of  the Civil
31    Administrative Code of Illinois.  Eligible  applicants  shall
32    include,    but    not   be   limited   to,   community-based
33    organizations,  hospitals,  local  health  departments,   and
34    community  health  centers  as defined in Section 4.1 of this
 
SB745 Engrossed             -1068-             LRB9101253EGfg
 1    the Illinois Rural Health Act.
 2        (f)  To   annually   provide   grants   from    available
 3    appropriations  to hospitals located in medically underserved
 4    areas or health manpower shortage areas  as  defined  by  the
 5    United  States Department of Health and Human Services, whose
 6    governing  boards  include  significant   representation   of
 7    consumers of hospital services residing in the area served by
 8    the  hospital, and which agree not to discriminate in any way
 9    against any consumer of  hospital  services  based  upon  the
10    consumer's  source of payment for those services. Grants that
11    may be awarded under this paragraph (f) shall be  limited  to
12    $500,000  and  shall not exceed 50% of the total project need
13    indicated in each application. Expenses covered by the grants
14    may include but  are  not  limited  to  facility  renovation,
15    equipment  acquisition and maintenance, recruitment of health
16    personnel, diversification of  services,  and  joint  venture
17    arrangements.
18        (g)  To   establish  a  recruitment  center  which  shall
19    actively   recruit   physicians   and   other   health   care
20    practitioners  to  participate  in  the   program,   maintain
21    contacts  with  participating practitioners, actively promote
22    health care  professional  practice  in  designated  shortage
23    areas, assist in matching the skills of participating medical
24    students  with  the  needs  of  community  health  centers in
25    designated shortage areas, and assist  participating  medical
26    students in locating in designated shortage areas.
27        (h)  To  assist  communities in designated shortage areas
28    find alternative services or temporary health care  providers
29    when  existing  health  care providers are called into active
30    duty with the armed forces of the United States.
31        (i)  To  develop,  in  cooperation  with   the   Illinois
32    Development Finance Authority, financing programs whose goals
33    and  purposes  shall  be  to  provide moneys to carry out the
34    purpose of this Act, including, but not limited  to,  revenue
 
SB745 Engrossed             -1069-             LRB9101253EGfg
 1    bond  programs,  revolving  loan  programs, equipment leasing
 2    programs, and working  cash  programs.   The  Department  may
 3    transfer  to the Illinois Development Finance Authority, into
 4    an account outside of the State treasury, moneys  in  special
 5    funds  of  the  Department  for  the purposes of establishing
 6    those programs.  The disposition of any moneys so transferred
 7    shall be determined by an interagency agreement.
 8    (Source: P.A. 87-633; 88-535; revised 10-31-98.)

 9        Section 194.  The Pertussis Vaccine  Act  is  amended  by
10    changing Section 3 as follows:

11        (410 ILCS 235/3) (from Ch. 111 1/2, par. 7503)
12        Sec. 3.  Public pamphlet.  The Director shall prepare and
13    make  available  upon  request  to all health care providers,
14    parents and guardians in the State, a pamphlet which explains
15    the benefits and possible adverse reactions to  immunizations
16    for  pertussis.  This  pamphlet  may  contain any information
17    which the Director deems necessary and may be revised by  the
18    Department   whenever   new   information   concerning  these
19    immunizations becomes available.  The pamphlet shall  include
20    the following information:
21             (a)  a   list  of  the  immunizations  required  for
22        admission to a public or private school in the State;
23             (b)  specific information  regarding  the  pertussis
24        vaccine which includes:
25                  (1)  the  circumstances  under  which pertussis
26             vaccine should not  be  administered  or  should  be
27             delayed, including the categories of persons who are
28             significantly   more  vulnerable  to  major  adverse
29             reactions  than   are   members   of   the   general
30             population;
31                  (2)  the   frequency,  severity  and  potential
32             long-term effects of pertussis;
 
SB745 Engrossed             -1070-             LRB9101253EGfg
 1                  (3)  possible adverse  reactions  to  pertussis
 2             vaccine and the early warning signs or symptoms that
 3             may be precursors to a major adverse reaction which,
 4             upon  occurrence, should be brought to the immediate
 5             attention  of   the   health   care   provider   who
 6             administered the vaccine;
 7                  (4)  a form that the parent or guardian may use
 8             to  monitor  symptoms of a possible adverse reaction
 9             and  which  includes  places  where  the  parent  or
10             guardian can record information about  the  symptoms
11             that will assist the health care provider; and
12                  (5)  measures  that a parent or guardian should
13             take to reduce the risk of,  or  to  respond  to,  a
14             major  adverse  reaction including identification of
15             who should be notified of the reaction and when  the
16             notification should be made.
17        The  Director  shall prepare the pamphlet in consultation
18    with  the  Illinois  State  Medical  Society,  the   Illinois
19    Hospital  Association,  and  interested  consumer  groups and
20    shall adopt by regulation the information  contained  in  the
21    pamphlet,  pursuant  to the Illinois Administrative Procedure
22    Act.
23    (Source: P.A. 85-898; revised 10-31-98.)

24        Section 195.  The Prenatal Syphilis  Act  is  amended  by
25    changing Section 1 as follows:

26        (410 ILCS 320/1) (from Ch. 111 1/2, par. 4801)
27        Sec.  1. Every physician, or other person, attending in a
28    professional capacity a pregnant  woman  in  Illinois,  shall
29    take  or cause to be taken a sample of blood of such woman at
30    the time of the first examination, and  a  second  sample  of
31    blood  shall  be taken or caused to be taken during the third
32    trimester of  pregnancy.   These  blood  specimens  shall  be
 
SB745 Engrossed             -1071-             LRB9101253EGfg
 1    submitted  to  a  laboratory  approved  by  the Department of
 2    Public Health for a serological test for syphilis approved by
 3    the State Department of Public Health.  In the event that any
 4    such blood test shall show a positive or doubtful  result  an
 5    additional test or tests shall be made. Such serological test
 6    or  tests  shall, upon request of any physician, be made free
 7    of charge by the State Department of  Public  Health  or  the
 8    Health Departments of cities, villages and incorporated towns
 9    maintaining  laboratories  for the testing of blood specimens
10    of any woman women who  resides  in  that  city,  village  or
11    incorporated town.
12        The  provisions  of  this  Section shall not apply to any
13    woman who objects to such serological tests  on  the  grounds
14    that  such  tests  are  contrary to her religious beliefs and
15    practices.
16    (Source: P.A. 81-934; revised 10-31-98.)

17        Section 196.  The Alzheimer's Disease Assistance  Act  is
18    amended by changing Section 4 as follows:

19        (410 ILCS 405/4) (from Ch. 111 1/2, par. 6954)
20        Sec.  4.   Development of standards for a service network
21    and designation of regional centers  and  primary  providers.
22    By  January 1, 1987, the Department, in consultation with the
23    Advisory Committee, shall develop standards for  the  conduct
24    of   research   and   for   the  identification,  evaluation,
25    diagnosis, referral and treatment of victims  of  Alzheimer's
26    disease  and related disorders and their families through the
27    ADA  network  of  designated  regional  centers   and   other
28    providers  of  service  under this Act.  Such standards shall
29    include all of the following:
30             (a)  A description of the specific  populations  and
31        geographic  areas  to be served through ADA networks that
32        may be established under this Act.;
 
SB745 Engrossed             -1072-             LRB9101253EGfg
 1             (b)  Standards,   criteria   and   procedures    for
 2        designation  of  Regional  ADA  Centers, which ensure the
 3        provision of quality care  to  a  broad  segment  of  the
 4        population  through  on-site  facilities and services and
 5        through a network of primary  Alzheimer's  providers  and
 6        other  providers  of service that may be available within
 7        the service area defined by the Department.  At  least  2
 8        Regional  ADA  Centers  shall  be conveniently located to
 9        serve the Chicago metropolitan  area  and  at  least  one
10        Regional  ADA  Center  shall  be  conveniently located to
11        serve the balance of the State.  The Regional ADA Centers
12        shall provide at least the following:
13                  (1)  comprehensive  diagnosis   and   treatment
14             facilities  and services which have (i) professional
15             medical   staff   specially-trained   in   geriatric
16             medicine, neurology,  psychiatry  and  pharmacology,
17             and   the  detection,  diagnosis  and  treatment  of
18             Alzheimer's  disease  and  related  disorders,  (ii)
19             sufficient  support  staff  who   are   trained   as
20             caregivers  to  victims  of  Alzheimer's disease and
21             related disorders, (iii)  appropriate  and  adequate
22             equipment  necessary  for  diagnosis  and treatment,
23             (iv) transportation services necessary for  outreach
24             to  the  service  area defined by the Department and
25             for  assuring  access  of  patients   to   available
26             services,  (v)  and (v) such other support services,
27             staff and equipment as may be required;
28                  (2)  consultation  and  referral  services  for
29             victims  and  their  families  to  ensure   informed
30             consent to treatment and to assist them in obtaining
31             necessary  assistance  and  support services through
32             primary Alzheimer's providers  and  various  private
33             and  public agencies that may otherwise be available
34             to provide services under this Act;
 
SB745 Engrossed             -1073-             LRB9101253EGfg
 1                  (3)  research programs and facilities to assist
 2             faculty and students in discovering the cause of and
 3             the diagnosis, cure and  treatment  for  Alzheimer's
 4             disease and related disorders;
 5                  (4)  training,   consultation   and  continuing
 6             education  for  caregivers,  including  families  of
 7             those who are affected by  Alzheimer's  disease  and
 8             related disorders;
 9                  (5)  centralized  data  collection,  processing
10             and  storage  that  will serve as a clearinghouse of
11             information to  assist  victims,  families  and  ADA
12             Resources, and to facilitate research; and
13                  (6)  programs   of   scientific   and   medical
14             research  in  relation  to  Alzheimer's  disease and
15             related disorders that are designed and conducted in
16             a manner that may enable such center to qualify  for
17             Federal  financial participation in the cost of such
18             programs.
19             (c)  Procedures for recording and reporting research
20        and treatment results by  primary  Alzheimer's  providers
21        and other affiliated providers of service that are within
22        the  ADA  network  to  the Regional ADA Center and to the
23        Department.;
24             (d)  Policies, procedures and minimum standards  and
25        criteria to be included in affiliation agreements between
26        primary Alzheimer's providers and the Regional ADA Center
27        in  the  conduct  of  any  research and in the diagnosis,
28        referral and treatment of victims of Alzheimer's  disease
29        and related disorders and their families.; and
30             (e)  Policies,  procedures,  standards and criteria,
31        including  medical  and  financial  eligibility  factors,
32        governing admission to and utilization of  the  programs,
33        facilities and services available through the ADA network
34        by  persons  who  may  be  or  who have been diagnosed as
 
SB745 Engrossed             -1074-             LRB9101253EGfg
 1        victims of Alzheimer's  disease  and  related  disorders,
 2        including  forms  and  procedures for obtaining necessary
 3        patient consents to participation in research, and in the
 4        reporting and processing of appropriate information in  a
 5        patient's  medical  records in relation to consultations,
 6        referrals and treatments  by  the  various  providers  of
 7        service within the ADA network.
 8    (Source: P.A. 90-404, eff. 8-15-97; revised 10-31-98.)

 9        Section  197.   The  Vital  Records  Act  is  amended  by
10    changing Section 15 as follows:

11        (410 ILCS 535/15) (from Ch. 111 1/2, par. 73-15)
12        Sec. 15.  Procedure upon refusal to accept delayed record
13    of birth.
14        (1)  If  a  delayed record of birth is not accepted under
15    the provisions of Section 14, a petition may  be  filed  with
16    the circuit court of the petitioner's county of birth, or, if
17    a  resident of Illinois, with the circuit court of the county
18    of his residence, or, if he resides in  another  state,  with
19    any  court  of  competent  jurisdiction of that state, for an
20    order establishing a record of the  date  and  place  of  the
21    petitioner's birth and his parentage.
22        (2)  If  the  petition  is filed in Illinois, it shall be
23    made  on  a  form  prescribed  and  furnished  by  the  State
24    Registrar of Vital Records and shall allege:
25             (a)  that the person for whom a  delayed  record  of
26        birth is sought was born in this State;
27             (b)  that  no  record of birth of such person can be
28        found in the office  of  the  State  Registrar  of  Vital
29        Records,  local  registrar,  or county clerk of county of
30        birth;
31             (c)  that diligent efforts by  the  petitioner  have
32        failed to obtain the evidence required by Section 14;
 
SB745 Engrossed             -1075-             LRB9101253EGfg
 1             (d)  that  the  State Registrar of Vital Records has
 2        refused to accept a delayed record of birth; and
 3             (e)  such other allegations as may be required.
 4        (3)  If the petition is filed in another state, it  shall
 5    contain  essentially  the  same  allegations  as set forth in
 6    subsection (2) 2 above.
 7        (4)  The petition shall be accompanied by a statement  of
 8    the  State Registrar of Vital Records who refused to accept a
 9    delayed record of birth, and all documentary  evidence  which
10    was  submitted  to  that  registration official in support of
11    such registration. The petition shall  be  sworn  to  by  the
12    petitioner.
13        (5)  The court shall fix a time and place for hearing the
14    petition,  and  the  State  Registrar  of  Vital  Records who
15    refused to accept the petitioner's delayed  record  of  birth
16    shall be given 10 days' notice of the hearing. Such official,
17    or  his  authorized representative, may appear and testify in
18    the proceeding.
19        (6)  If the court, from the evidence required herein  and
20    such  other  evidence  as is presented, finds that the person
21    for whom a delayed record of birth is sought was born in  the
22    State of Illinois, it shall make findings as to the place and
23    date  of  birth,  parentage,  and  such other findings as the
24    petition may require and shall  issue  an  order  on  a  form
25    prescribed  and  furnished  by  the  State Registrar of Vital
26    Records to establish a record  of  birth.  This  order  shall
27    include the birth data to be registered, a description of the
28    evidence  presented in the manner prescribed by Section 14 of
29    this Act, the date of the court's action, and shall be marked
30    as a court order.
31        (7)  If the order is issued by a circuit  court  in  this
32    State,  the  clerk of the court shall forward each such order
33    to the State Registrar of Vital Records. Such order shall  be
34    registered  by the State Registrar of Vital Records and shall
 
SB745 Engrossed             -1076-             LRB9101253EGfg
 1    constitute the record of birth,  from  which  copies  may  be
 2    issued in accordance with Section 25 of this Act.
 3        (8)  If  the  order  is  issued  by  a court of competent
 4    jurisdiction in another state, the petitioner may  forward  a
 5    certified  copy  of the order to the State Registrar of Vital
 6    Records.  Such  order  shall  be  registered  by  the   State
 7    Registrar of Vital Records and shall constitute the record of
 8    birth,  from  which  copies  may be issued in accordance with
 9    Section 25 of this Act.
10    (Source: P.A. 76-678; revised 10-31-98.)

11        Section 198.  The Illinois Egg and Egg  Products  Act  is
12    amended by changing Section 16 as follows:

13        (410 ILCS 615/16) (from Ch. 56 1/2, par. 55-16)
14        Sec.  16.  Effective  November  1,  1975, no person shall
15    engage in the business of removing eggs from their shells, in
16    the  manufacture  of  or  preparation  of   frozen,   liquid,
17    desiccated or any other forms of whole eggs, yolks, whites or
18    any  mixture  of  yolks and whites for food purposes, with or
19    without the addition  of  any  other  wholesome  ingredients,
20    without  first  obtaining  an  Egg Breaker's License from the
21    Department.  The Department shall inspect  the  establishment
22    and   the   equipment   to   be  used  in  the  egg  breaking
23    establishment, and shall also ascertain if the  establishment
24    complies  in  method, equipment and the rules and regulations
25    in regard to sanitation, which shall from  time  to  time  be
26    established by the Department to govern these establishments.
27    If, after such inspection, it appears that such establishment
28    complies  with the provisions of the rules and regulations in
29    regard to sanitation governing egg  breaking  establishments,
30    the  Department  shall  issue an Egg Breaker's License to the
31    establishment, upon payment of the required fee.  The license
32    year shall begin on November 1, of each year and all licenses
 
SB745 Engrossed             -1077-             LRB9101253EGfg
 1    shall expire on October 31, of each year.   The  license  fee
 2    shall be $200 for a year or fraction thereof.
 3        All  liquid, frozen or dried egg products sold or offered
 4    for sale shall be processed under continuous  supervision  of
 5    an   inspector   of  the  Department  or  the  United  States
 6    Department of Agriculture in an Official Plant  as  specified
 7    in the Egg Products Product Inspection Act.
 8    (Source: P.A. 79-678; revised 10-31-98.)

 9        Section 199.  The Environmental Protection Act is amended
10    by  changing  Sections  9.4, 14.5, 21.6, 22.21, 27, 40.2, 45,
11    55.5, 57, 57.8, and 57.14 as follows:

12        (415 ILCS 5/9.4) (from Ch. 111 1/2, par. 1009.4)
13        Sec. 9.4.  (a) The General Assembly finds:
14             (1)  That  air  pollution   from   municipal   waste
15        incineration  may  constitute  a threat to public health,
16        welfare and the environment. The  amounts  and  kinds  of
17        pollutants  depend  on  the  nature  of the waste stream,
18        operating  conditions  of  the   incinerator,   and   the
19        effectiveness   of   emission   controls.   Under  normal
20        operating  conditions,   municipal   waste   incinerators
21        produce  pollutants  such  as organic compounds, metallic
22        compounds and acid gases which may be a threat to  public
23        health, welfare and the environment.
24             (2)  That  a combustion and flue-gas control system,
25        which is properly designed, operated and maintained,  can
26        substantially  reduce the emissions of organic materials,
27        metallic compounds and acid gases  from  municipal  waste
28        incineration.
29        (b)  It  is  the  purpose  of this Section to insure that
30    emissions from new municipal  waste  incineration  facilities
31    which  burn a total of 25 tons or more of municipal waste per
32    day are adequately controlled.
 
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 1        Such facilities shall be subject to emissions limits  and
 2    operating  standards  based  upon  the  application  of  Best
 3    Available  Control  Technology,  as determined by the Agency,
 4    for emissions of the following categories of pollutants:
 5             (1)  particulate matter, sulfur dioxide and nitrogen
 6        oxides;
 7             (2)  acid gases;
 8             (3)  heavy metals; and
 9             (4)  organic materials.
10        (c)  The Agency shall issue permits, pursuant to  Section
11    39,  to  new  municipal waste incineration facilities only if
12    the  Agency  finds  that  such   facilities   are   designed,
13    constructed   and   operated   so   as  to  comply  with  the
14    requirements prescribed by this Section.
15        Prior to adoption of Board regulations  under  subsection
16    (d)  of  this  Section  the  Agency may issue permits for the
17    construction of new municipal waste incineration  facilities.
18    The Agency determination of Best Available Control Technology
19    shall  be based upon consideration of the specific pollutants
20    named in subsection (d), and emissions of particulate matter,
21    sulfur dioxide and nitrogen oxides.
22        Nothing in this Section shall limit the applicability  of
23    any  other  Sections  of  this  Act, or of other standards or
24    regulations  adopted  by  the  Board,  to   municipal   waste
25    incineration  facilities. In issuing such permits, the Agency
26    may prescribe those conditions necessary to assure continuing
27    compliance with the emission limits and  operating  standards
28    determined  pursuant  to  subsection (b); such conditions may
29    include the monitoring and reporting of emissions.
30        (d)  Within one year after the  effective  date  of  this
31    amendatory  Act  of  1985,  the Board shall adopt regulations
32    pursuant to Title VII 7 of this Act, which define  the  terms
33    in  items  (2), (3) and (4) of subsection (b) of this Section
34    which  are  to  be  used  by  the  Agency   in   making   its
 
SB745 Engrossed             -1079-             LRB9101253EGfg
 1    determination  pursuant  to  this Section.  The provisions of
 2    Section 27(b) 27b  of  this  Act  shall  not  apply  to  this
 3    rulemaking.
 4        Such  regulations shall be written so that the categories
 5    of pollutants include,  but  need  not  be  limited  to,  the
 6    following specific pollutants:
 7             (1)  hydrogen  chloride  in  the  definition of acid
 8        gases;
 9             (2)  arsenic, cadmium, mercury, chromium, nickel and
10        lead in the definition of heavy metals; and
11             (3)  polychlorinated              dibenzo-p-dioxins,
12        polychlorinated dibenzofurans  and  polynuclear  aromatic
13        hydrocarbons in the definition of organic materials.
14        (e)  For  the  purposes  of  this Section, the term "Best
15    Available Control Technology" means  an  emission  limitation
16    (including  a visible emission standard) based on the maximum
17    degree  of  pollutant  reduction  which  the  Agency,  on   a
18    case-by-case basis, taking into account energy, environmental
19    and  economic  impacts,  determines is achievable through the
20    application of production  processes  or  available  methods,
21    systems  and techniques, including fuel cleaning or treatment
22    or innovative fuel  combustion  techniques.   If  the  Agency
23    determines  that technological or economic limitations on the
24    application of measurement methodology to a particular  class
25    of  sources would make the imposition of an emission standard
26    not feasible, it may instead prescribe a  design,  equipment,
27    work   practice   or  operational  standard,  or  combination
28    thereof, to require the application of best available control
29    technology.  Such standard shall, to the degree possible, set
30    forth the emission reduction achievable by implementation  of
31    such  design, equipment, work practice or operation and shall
32    provide for compliance  by  means  which  achieve  equivalent
33    results.
34        (f)  "Municipal  waste incineration" means the burning of
 
SB745 Engrossed             -1080-             LRB9101253EGfg
 1    municipal waste or fuel derived  therefrom  in  a  combustion
 2    apparatus  designed  to burn municipal waste that may produce
 3    electricity or steam as a by-product.  A "new municipal waste
 4    incinerator"  is  an  incinerator  initially  permitted   for
 5    development or construction after January 1, 1986.
 6        (g)  The  provisions  of  this Section shall not apply to
 7    industrial incineration facilities that burn waste  generated
 8    at the same site.
 9    (Source: P.A. 84-957; revised 10-31-98.)

10        (415 ILCS 5/14.5) (from Ch. 111 1/2, par. 1014.5)
11        Sec.   14.5.  (a)   The   Agency   shall   administer   a
12    certification  system  for  sites  which  represent a minimal
13    hazard with  respect  to  contamination  of  groundwaters  by
14    potential  primary  or potential secondary sources.  No later
15    than January 1, 1988,  the  Agency  shall  develop  and  make
16    available  a minimal hazard certification form and guidelines
17    for the use and management of  containers  and  above  ground
18    tanks, and for the piling of waste.
19        (b)  After  January  1, 1988, the owner of any site which
20    would otherwise be subject to the  provisions  of  subsection
21    (d)  of  Section 14.2 or Section 14.4 and regulations adopted
22    thereunder may provide a certification of  minimal hazard  to
23    the Agency if the following conditions are met:
24             (1)  no   on-site  landfilling,  land  treating,  or
25        surface impounding of waste, other than  landscape  waste
26        or  construction  and  demolition debris, has taken place
27        and such circumstance will continue;
28             (2)  no on-site piles of special or hazardous  waste
29        are  present and such circumstance will continue, and any
30        piling of other wastes which could cause contamination of
31        groundwater will be consistent with guidelines  developed
32        by the Agency;
33             (3)  no underground storage tanks are present on the
 
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 1        site and such circumstances will continue;
 2             (4)  use  and  management  of  containers  and above
 3        ground tanks will be consistent with guidelines developed
 4        by the Agency;
 5             (5)  no on-site release of any  hazardous  substance
 6        or  petroleum  has  taken  place  which was of sufficient
 7        magnitude to contaminate groundwaters;
 8             (6)  no more than 100 gallons of  either  pesticides
 9        or  organic  solvents, or 10,000 gallons of any hazardous
10        substances, or  30,000  gallons  of  petroleum,  will  be
11        present at any time; and
12             (7)  notice  has  been  given  to  the owner of each
13        community water supply well  within  1,000  feet  of  the
14        site.
15        (c)  Upon   receipt   of   a  certification  pursuant  to
16    subsection (b) of this Section the Agency  shall,  within  90
17    days, take one of the following actions:
18             (1)  notify  the  owner  of the site in writing that
19        the certification is complete and adequate;
20             (2)  notify the owner of the site  in  writing  that
21        the  certification is not adequate, including a statement
22        of the reasons therefor;
23             (3)  notify the owner of the site in writing that  a
24        site  inspection  will  be held within 120 days, and that
25        following such inspection but still within  the  120  day
26        period  further action will be taken pursuant to item (1)
27        or (2) of this subsection; or
28             (4)  notify in writing the owner of  the  site  that
29        pursuant  to  Section  17.1  a  county or municipality is
30        conducting a groundwater protection needs  assessment  or
31        the  Agency  is  conducting  a  well  site  survey  which
32        encompasses  the  site  for  which certification is being
33        processed, and specify a time period,  not  to  exceed  a
34        total  of  180  days  from  the  date  of the notice, for
 
SB745 Engrossed             -1082-             LRB9101253EGfg
 1        consideration of the findings  from  such  assessment  or
 2        survey and by which further action will be taken pursuant
 3        to item (1) or (2) of this subsection.
 4        A  certification  is  not adequate if it fails to address
 5    each of the conditions required to be met by  subsection  (b)
 6    of this Section, or if the Agency possesses information which
 7    reasonably   suggests   that   any   statement  made  in  the
 8    certification is inaccurate or incomplete.  Action under item
 9    (1) or (2)  of  this  subsection  shall  constitute  a  final
10    determination of the Agency.
11        (d)  When  a certification has been provided with respect
12    to which the Agency has made a finding  of  adequacy  or  has
13    failed  to  act in a timely manner pursuant to subsection (c)
14    of this Section,  the  site  shall  not  be  subject  to  the
15    provisions  of subsection (d) of Section 14.2 or Section 14.4
16    and regulations adopted thereunder  for  the  following  time
17    periods:
18             (1)  one  year, if the Agency has failed to act in a
19        timely manner pursuant to subsection (c) of this Section,
20        during which time the owner must  recertify  to  continue
21        such status;
22             (2)  three  years,  if  the site is located within a
23        minimum or maximum setback zone, during  which  time  the
24        owner must recertify to continue such status;
25             (3)  five  years,  if  the  site is located within a
26        regulated recharge area, during which time the owner must
27        recertify to continue such status; or
28             (4)  90  days  past  the  time  when  a  change   of
29        ownership  takes  place,  during which time the new owner
30        must recertify to continue such status.
31        (e)  During the effective period of a certification,  the
32    owner   of  the  site  shall  maintain  compliance  with  the
33    conditions specified in subsection (b) of this Section.   Any
34    failure  by  the  owner  to maintain such compliance shall be
 
SB745 Engrossed             -1083-             LRB9101253EGfg
 1    just cause for decertification by the  Agency.   Such  action
 2    may  only  be  taken  after the Agency has provided the owner
 3    with a written notice which identifies the noncompliance  and
 4    specifies a 30 day period during which a written response may
 5    be  provided  by  the  owner.  Such response may describe any
 6    actions taken by the owner which relate to the conditions  of
 7    certification.   If  such  response is deficient or untimely,
 8    the Agency shall serve notice upon the owner  that  the  site
 9    has  been  decertified  and  is  subject  to  the  applicable
10    provisions  of subsection (d) of Section 14.2 or Section 14.4
11    and regulations adopted thereunder.  Such notification  shall
12    constitute a final determination of the Agency.
13        (f)  The  Agency shall maintain a master listing, indexed
14    by county, of those sites for  which  certifications  are  in
15    effect.   Upon  the  establishment  of  a  regional  planning
16    committee  pursuant to Section 17.2, the Agency shall provide
17    a copy of the pertinent portions  of  such  listing  to  such
18    committee  on  a  quarterly basis. The Agency shall also make
19    copies of such listing available to units of local government
20    and the public upon request.
21        (g)  The Agency  may  enter  into  a  written  delegation
22    agreement  with any county or municipality, which has adopted
23    an  ordinance  consistent  with  Section  14.2  or  14.3,  to
24    administer the provisions of this Section.   Such  delegation
25    agreements  shall  require  that  the  work  to  be performed
26    thereunder shall be in accordance with  criteria  established
27    by  the  Agency, be subject to periodic review by the Agency,
28    and shall include such financial and program auditing by  the
29    Agency as may be necessary.
30    (Source: P.A. 85-863; revised 10-31-98.)

31        (415 ILCS 5/21.6) (from Ch. 111 1/2, par. 1021.6)
32        Sec. 21.6.  Materials disposal ban.
33        (a)  Beginning  July 1, 1996, no person may knowingly mix
 
SB745 Engrossed             -1084-             LRB9101253EGfg
 1    liquid used oil with any municipal waste that is intended for
 2    collection and disposal at a landfill.
 3        (b)  Beginning July 1, 1996, no owner or  operator  of  a
 4    sanitary landfill shall accept for final disposal liquid used
 5    oil for final disposal that is discernible discernable in the
 6    course of prudent business operation.
 7        (c)  For purposes of this Section, "liquid used oil" does
 8     shall not include used oil filters, rags, absorbent material
 9    used  to  collect spilled oil or other materials incidentally
10    contaminated  with  used  oil,  or  empty  containers   which
11    previously contained virgin oil, re-refined oil, or used oil.
12        (d)  The  Agency  and  the  Department  of  Commerce  and
13    Community  Affairs  shall  investigate  the  manner  in which
14    liquid used oil is currently  being  utilized  and  potential
15    prospects for future use.
16    (Source: P.A. 89-445, eff. 2-7-96; revised 3-10-98.)

17        (415 ILCS 5/22.21) (from Ch. 111 1/2, par. 1022.21)
18        Sec.  22.21.  During operation of a pollution pollutional
19    control facility, the operator shall comply with  the  safety
20    standards  relating  to  construction established pursuant to
21    the federal Occupational Safety and Health Act of 1970, Title
22    29, United States Code, Sections 651 through 678, Public  Law
23    91-596, as amended.
24    (Source: P.A. 88-681, eff. 12-22-94; revised 10-31-98.)

25        (415 ILCS 5/27) (from Ch. 111 1/2, par. 1027)
26        Sec. 27. Rulemaking.
27        (a)  The  Board  may  adopt  substantive  regulations  as
28    described  in  this  Act.   Any  such  regulations  may  make
29    different   provisions   as  required  by  circumstances  for
30    different contaminant sources and for different  geographical
31    areas;  may  apply  to  sources  outside  this State causing,
32    contributing  to,  or  threatening  environmental  damage  in
 
SB745 Engrossed             -1085-             LRB9101253EGfg
 1    Illinois; may make special provision for alert and  abatement
 2    standards    and   procedures   respecting   occurrences   or
 3    emergencies of pollution or on  other  short-term  conditions
 4    constituting an acute danger to health or to the environment;
 5    and may include regulations specific to individual persons or
 6    sites.  In promulgating regulations under this Act, the Board
 7    shall take into account the existing physical conditions, the
 8    character  of  the  area involved, including the character of
 9    surrounding land uses, zoning classifications, the nature  of
10    the  existing air quality, or receiving body of water, as the
11    case may be,  and  the  technical  feasibility  and  economic
12    reasonableness  of  measuring or reducing the particular type
13    of pollution.  The generality  of  this  grant  of  authority
14    shall  only  be  limited  by the specifications of particular
15    classes of regulations elsewhere in this Act.
16        No charge shall be established or assessed by  the  Board
17    or Agency against any person for emission of air contaminants
18    from any source, for discharge of water contaminants from any
19    source, or for the sale, offer or use of any article.
20        Any  person  filing with the Board a written proposal for
21    the adoption,  amendment,  or  repeal  of  regulations  shall
22    provide information supporting the requested change and shall
23    at the same time file a copy of such proposal with the Agency
24    and  the  Department  of Natural Resources.  To aid the Board
25    and to assist the public in determining which facilities will
26    be affected, the person filing a proposal shall describe,  to
27    the  extent  reasonably practicable, the universe of affected
28    sources  and  facilities  and  the  economic  impact  of  the
29    proposed rule.
30        (b)  Except as provided below and in Section 28.2, before
31    the  adoption  of  any  proposed  rules   not   relating   to
32    administrative  procedures within the Agency or the Board, or
33    amendment to existing rules not  relating  to  administrative
34    procedures within the Agency or the Board, the Board shall:
 
SB745 Engrossed             -1086-             LRB9101253EGfg
 1             (1)  request  that  the  Department  of Commerce and
 2        Community Affairs conduct a study of the economic  impact
 3        of  the proposed rules.   The Department may within 30 to
 4        45 days of such request produce a study of  the  economic
 5        impact of the proposed rules.  At a minimum, the economic
 6        impact  study  shall address (A) economic, environmental,
 7        and public health benefits that may be  achieved  through
 8        compliance  with  the  proposed rules, (B) the effects of
 9        the  proposed  rules  on  employment  levels,  commercial
10        productivity, the economic  growth  of  small  businesses
11        with  100  or  less  employees,  and  the State's overall
12        economy, and (C) the cost per unit of  pollution  reduced
13        and  the  variability  in  cost  based on the size of the
14        facility and the percentage of company revenues  expected
15        to be used to implement the proposed rules; and
16             (2)  conduct  at  least  one  public  hearing on the
17        economic impact of those new  rules.  At  least  20  days
18        before  the hearing, the Board shall notify the public of
19        the hearing and make the economic impact  study,  or  the
20        Department  of  Commerce  and Community Affairs' Affair's
21        explanation for not producing an economic  impact  study,
22        available  to the public. Such public hearing may be held
23        simultaneously  or  as  a  part  of  any  Board   hearing
24        considering such new rules.
25        In  adopting  any  such new rule, the Board shall, in its
26    written  opinion,  make  a  determination,  based  upon   the
27    evidence  in  the  public  hearing  record, including but not
28    limited to the economic  impact  study,  as  to  whether  the
29    proposed  rule  has any adverse economic impact on the people
30    of the State of Illinois.
31        (c)  On proclamation by the Governor, pursuant to Section
32    8 of the Illinois Emergency  Services  and  Disaster  Act  of
33    1975,  that  a  disaster  emergency exists, or when the Board
34    finds that a severe public health emergency exists, the Board
 
SB745 Engrossed             -1087-             LRB9101253EGfg
 1    may, in relation to any proposed regulation, order that  such
 2    regulation  shall  take  effect  without  delay and the Board
 3    shall proceed with the hearings and studies required by  this
 4    Section while the regulation continues in effect.
 5        When  the  Board  finds  that  a  situation  exists which
 6    reasonably constitutes  a  threat  to  the  public  interest,
 7    safety  or  welfare, the Board may adopt regulations pursuant
 8    to and in  accordance  with  Section  5-45  of  the  Illinois
 9    Administrative Procedure Act.
10        (d)  To  the  extent  consistent  with  any  deadline for
11    adoption of any regulations mandated by State or federal law,
12    prior to initiating any hearing on a regulatory proposal, the
13    Board may assign a qualified hearing officer who may schedule
14    a prehearing conference between the proponents and any or all
15    of the potentially affected persons.  The notice requirements
16    of Section 28 shall not apply to such prehearing conferences.
17    The  purposes  of  such  conference  shall  be  to   maximize
18    understanding  of the intent and application of the proposal,
19    to reach agreement on aspects of the proposal,  if  possible,
20    and   to   attempt  to  identify  and  limit  the  issues  of
21    disagreement among the participants to promote efficient  use
22    of time at hearing.  No record need be kept of the prehearing
23    conference,  nor  shall any participant or the Board be bound
24    by any discussions conducted at  the  prehearing  conference.
25    However,   with  the  consent  of  all  participants  in  the
26    prehearing conference, a prehearing order delineating  issues
27    to  be  heard, agreed facts, and other matters may be entered
28    by the hearing officer.  Such an order will not be binding on
29    nonparticipants in the prehearing conference.
30    (Source: P.A.  89-445,  eff.  2-7-96;  90-489,  eff.  1-1-98;
31    revised 10-31-98.)

32        (415 ILCS 5/40.2) (from Ch. 111 1/2, par. 1040.2)
33        Sec. 40.2. Application of review process.
 
SB745 Engrossed             -1088-             LRB9101253EGfg
 1        (a)  Subsection  (a)  of Section 40 does not apply to any
 2    permit which is subject  to  Section  39.5.   If  the  Agency
 3    refuses  to  grant  or grants with conditions a CAAPP permit,
 4    makes a determination of incompleteness regarding a submitted
 5    CAAPP application, or fails to act on an  application  for  a
 6    CAAPP  permit,  permit renewal, or permit revision within the
 7    time specified in paragraph 5(j) of Section 39.5 of this Act,
 8    the applicant, any person  who  participated  in  the  public
 9    comment  process  pursuant to subsection 8 of Section 39.5 of
10    this Act, or any other person  who  could  obtain  a  hearing
11    before  the  Board pursuant to Section 41(a) of this Act, may
12    within 35 days after final  permit  action,  petition  for  a
13    hearing  before  the  Board  to  contest  the decision of the
14    Agency. However, the 35-day  period  for  petitioning  for  a
15    hearing may be extended by the applicant for a period of time
16    not to exceed 90 days by written notice provided to the Board
17    from  the  applicant and the Agency within the initial appeal
18    period.  If another person with standing to appeal wishes  to
19    obtain  an extension, there must be a written notice provided
20    to the Board by that person, the Agency, and  the  applicant,
21    within  the  initial  appeal  period.    Notwithstanding  the
22    preceding  requirements,  petitions  for a hearing before the
23    Board under this subsection may be  filed  after  the  35-day
24    period,  only  if  such petitions are based solely on grounds
25    arising after the  35-day  period  expires.   Such  petitions
26    shall  be  filed  within  35  days  after the new grounds for
27    review arise.  If the final permit action being challenged is
28    the Agency's failure to take final action, a petition  for  a
29    hearing  before  the  Board  shall be filed before the Agency
30    denies or issues the final permit.
31        The Agency shall appear as respondent  in  such  hearing.
32    At such hearing the rules prescribed in Sections 32 and 33(a)
33    of  this Act shall apply, and the burden of proof shall be on
34    the petitioner.
 
SB745 Engrossed             -1089-             LRB9101253EGfg
 1        (b) b.  The Agency's failure to take final action  within
 2    90  days of receipt of an application requesting minor permit
 3    modification  procedures  (or  180  days  for   modifications
 4    subject   to  group  processing  requirements),  pursuant  to
 5    subsection 14 of  Section  39.5,  will  be  subject  to  this
 6    Section and Section 41 of this Act.
 7        (c)  c.  If  there is no final action by the Board within
 8    120 days, the permit shall not be deemed issued; rather,  the
 9    petitioner  shall  be  entitled  to  an Appellate Court order
10    pursuant to Section 41(d) of this Act.
11        (d) d.  Any person who files a petition  to  contest  the
12    final  permit  action  by the Agency under this Section shall
13    pay a filing fee.
14        (e)  The Agency shall notify USEPA, in  writing,  of  any
15    petition  for  hearing brought under this Section involving a
16    provision or denial of a Phase II acid rain permit within  30
17    days  of the filing of the petition. USEPA may intervene as a
18    matter of right in any such hearing. The Agency shall  notify
19    USEPA, in writing, of any determination or order in a hearing
20    brought   under  this  Section  that  interprets,  voids,  or
21    otherwise relates to any portion of  a  Phase  II  acid  rain
22    permit.
23    (Source:  P.A. 87-1213; 88-464; 88-690, eff. 1-24-95; revised
24    10-31-98.)

25        (415 ILCS 5/45) (from Ch. 111 1/2, par. 1045)
26        Sec. 45.  (a) No existing civil or  criminal  remedy  for
27    any  wrongful  action  shall  be excluded or impaired by this
28    Act.  Nothing in this Act shall  be  construed  to  limit  or
29    supersede the provisions of the Illinois Oil and Gas Act, and
30    the  powers therein granted to prevent the intrusion of water
31    into oil, gas or coal strata and to prevent the pollution  of
32    fresh  water  supplies by oil, gas or salt water or oil field
33    wastes, except that water quality standards as set  forth  by
 
SB745 Engrossed             -1090-             LRB9101253EGfg
 1    the Pollution Control Board apply to and are effective within
 2    the  areas  covered  by and affected by permits issued by the
 3    Department of Natural Resources.  However, if the  Department
 4    of Natural Resources fails to act upon any complaint within a
 5    period  of  10  working  days  following  the  receipt  of  a
 6    complaint  by  the  Department,  the Environmental Protection
 7    Agency may proceed under the provisions of this Act.
 8        (b)  Any person adversely affected in fact by a violation
 9    of this Act or of regulations adopted thereunder may sue  for
10    injunctive relief against such violation.  However, except as
11    provided  in subsection (d), no action shall be brought under
12    this Section until 30  days  after  the  plaintiff  has  been
13    denied  relief  by  the  Board  in a proceeding brought under
14    subsection (b) of Section 31  of  this  Act.  The  prevailing
15    party shall be awarded costs and reasonable attorneys' fees.
16        (c)  Nothing  in Section 39.4 of this Act shall limit the
17    authority of the Agency to proceed with enforcement under the
18    provisions of this Act for violations of terms and conditions
19    of an endorsed  agrichemical  facility  permit,  an  endorsed
20    lawncare  containment  permit,  or  this  Act  or regulations
21    hereunder caused or threatened by an agrichemical facility or
22    a lawncare wash water containment area, provided  that  prior
23    notice  is  given  to  the  Department  of  Agriculture which
24    provides  that  Department  an  opportunity  to  respond   as
25    appropriate.
26        (d)  If the State brings an action under this Act against
27    a  person  with  an  interest in real property upon which the
28    person is alleged  to  have  allowed  open  dumping  or  open
29    burning  by  a  third  party  in violation of this Act, which
30    action seeks to compel the defendant to remove the  waste  or
31    otherwise clean up the site, the defendant may, in the manner
32    provided  by  law  for  third-party complaints, bring in as a
33    third-party defendant a  person  who  with  actual  knowledge
34    caused  or  contributed  to  the illegal open dumping or open
 
SB745 Engrossed             -1091-             LRB9101253EGfg
 1    burning, or who is or may be liable for all or  part  of  the
 2    removal  and cleanup costs.  The court may include any of the
 3    parties which it determines to have, with  actual  knowledge,
 4    allowed, caused or contributed to the illegal open dumping or
 5    open burning in any order that it may issue to compel removal
 6    of  the  waste and cleanup of the site, and may apportion the
 7    removal and cleanup costs among such  parties,  as  it  deems
 8    appropriate.  However,  a  person may not seek to recover any
 9    fines or civil penalties imposed upon him under this Act from
10    a third-party defendant  in  an  action  brought  under  this
11    subsection.
12    (Source: P.A. 88-474; 89-445, eff. 2-7-96; revised 10-31-98.)

13        (415 ILCS 5/55.5) (from Ch. 111 1/2, par. 1055.5)
14        Sec.  55.5.  (a)  The  Agency  shall  investigate alleged
15    violations of this  the  Title  XIV,  or  of  any  regulation
16    promulgated  hereunder,  or  of  any  approval granted by the
17    Agency, and may cause such other investigations to be made as
18    it may deem advisable.
19        (b)  If an investigation discloses that a  violation  may
20    exist, the Agency shall take action pursuant to Title VIII of
21    this Act in a timely manner.
22        (c)  Notwithstanding  the provisions of subsection (b) of
23    this Section, prior to taking action pursuant to  Title  VIII
24    for  violation of subsection (a), (b) or (c) of Section 55 of
25    this Act, the Agency or unit of local government shall  issue
26    and  serve  upon  the  person  complained  against  a written
27    warning notice informing such person that the Agency or  unit
28    of  local  government  intends  to  take  such  action.  Such
29    written warning notice shall specify the  alleged  violation,
30    describe  the  corrective  action  which should be taken, and
31    provide a period of 30 days in which  one  of  the  following
32    response actions may be taken by such person:
33             (1)  initiation  and  completion  of  the corrective
 
SB745 Engrossed             -1092-             LRB9101253EGfg
 1        action, and notification of the Agency or unit  of  local
 2        government in writing that such action has been taken; or
 3             (2)  notification  of  the  Agency  or unit of local
 4        government in writing  that  corrective  action  will  be
 5        taken  and  completed within a period of 45 days from the
 6        date of issuance of the warning notice.
 7        In the event that the person fails  to  take  a  response
 8    action, initiates but does not adequately complete a response
 9    action,  or  takes  other  action  in  contravention  of  the
10    described  corrective  action,  the  Agency  or unit of local
11    government may proceed pursuant to  subsection  (b)  of  this
12    Section.    If  the  same  person  has  been issued 2 written
13    warning notices for similar violations in any calendar  year,
14    thereafter the Agency or unit of local government may proceed
15    pursuant  to  subsection  (b)  without  first  following  the
16    provisions  of  this  subsection  for  the  remainder of such
17    calendar year with respect to such person.
18    (Source: P.A. 86-452; revised 10-31-98.)

19        (415 ILCS 5/57)
20        Sec. 57. Intent and purpose. This Title  shall  be  known
21    and  may  be  cited  as  the Leaking Underground Storage Tank
22    Program (LUST).  The purpose of this Title which  is  to,  in
23    accordance  with  the requirements of the Hazardous and Solid
24    Waste Amendments of 1984 of  the  Resource  Conservation  and
25    Recovery  Act  of  1976,  and  in accordance with the State's
26    interest in  the  protection  of  Illinois'  land  and  water
27    resources:;  (1)  to  adopt procedures for the remediation of
28    underground  storage  tank  sites  due  to  the  release   of
29    petroleum  and  other  substances  regulated under this Title
30    from  certain  underground  storage  tanks  or  related  tank
31    systems; (2)  to  establish  and  provide  procedures  for  a
32    Leaking  Underground  Storage Tank Program which will oversee
33    and review any remediation required for  leaking  underground
 
SB745 Engrossed             -1093-             LRB9101253EGfg
 1    storage  tanks,  and  administer the Underground Storage Tank
 2    Fund; (3) to  establish  an  Underground  Storage  Tank  Fund
 3    intended  to be a State fund by which persons who qualify for
 4    access to the Underground Storage Tank Fund may  satisfy  the
 5    financial  responsibility requirements under applicable State
 6    law  and  regulations;  (4)  to  establish  requirements  for
 7    eligible owners and operators of underground storage tanks to
 8    seek payment for any  costs  associated  with  physical  soil
 9    classification,      groundwater      investigation,     site
10    classification and corrective  action  from  the  Underground
11    Storage  Tank  Fund;  and (5) to audit and approve corrective
12    action efforts performed by Licensed Professional Engineers.
13    (Source: P.A.  88-496;  89-428,  eff.  1-1-96;  89-457,  eff.
14    5-22-96; revised 10-31-98.)

15        (415 ILCS 5/57.8)
16        Sec.   57.8.  Underground  Storage  Tank  Fund;  payment;
17    options for State payment; deferred  correction  election  to
18    commence  corrective action upon availability of funds. If an
19    owner or operator  is  eligible  to  access  the  Underground
20    Storage Tank Fund pursuant to an Office of State Fire Marshal
21    eligibility/deductible  final  determination letter issued in
22    accordance with Section  57.9,  the  owner  or  operator  may
23    submit a complete application for final or partial payment to
24    the  Agency  for  activities taken in response to a confirmed
25    release. An owner  or  operator  may  submit  a  request  for
26    partial  or final payment regarding a site no more frequently
27    than once every 90 days.
28        (a)  Payment  after  completion  of   corrective   action
29    measures. The owner or operator may submit an application for
30    payment  for  activities performed at a site after completion
31    of the requirements of  Sections  57.6  and  57.7,  or  after
32    completion   of   any   other   required  activities  at  the
33    underground storage tank site.
 
SB745 Engrossed             -1094-             LRB9101253EGfg
 1             (1)  In the case of any approved plan and budget for
 2        which payment is being sought, the Agency  shall  make  a
 3        payment  determination  within 120 days of receipt of the
 4        application.  Such determination shall  be  considered  a
 5        final  decision.  The Agency's review shall be limited to
 6        generally accepted auditing and accounting practices.  In
 7        no case shall the Agency conduct additional review of any
 8        plan  which  was  completed  within  the  budget,  beyond
 9        auditing for adherence to the corrective action  measures
10        in  the  proposal.   If  the  Agency fails to approve the
11        payment application within  120  days,  such  application
12        shall  be  deemed  approved  by  operation of law and the
13        Agency shall proceed to reimburse the owner  or  operator
14        the   amount   requested   in  the  payment  application.
15        However, in no event shall the Agency reimburse the owner
16        or operator an amount greater than the amount approved in
17        the plan.
18             (2)  If  sufficient  funds  are  available  in   the
19        Underground  Storage  Tank Fund, the Agency shall, within
20        60 days, forward to the Office of the State Comptroller a
21        voucher  in  the  amount  approved  under   the   payment
22        application.
23             (3)  In  the  case of insufficient funds, the Agency
24        shall form  a priority list for payment and shall  notify
25        persons in such priority list monthly of the availability
26        of  funds  and when payment shall be made.  Payment shall
27        be made  to  the  owner  or  operator  at  such  time  as
28        sufficient   funds   become   available   for  the  costs
29        associated with corrective action and costs expended  for
30        activities  performed  where  no proposal is required, if
31        applicable.  Such priority list shall be available to any
32        owner or operator  upon  request.  Priority  for  payment
33        shall  be  determined  by  the date the Agency receives a
34        complete request for  partial  or  final  payment.   Upon
 
SB745 Engrossed             -1095-             LRB9101253EGfg
 1        receipt   of   notification  from  the  Agency  that  the
 2        requirements of this Title have been met, the Comptroller
 3        shall make payment to the owner or operator of the amount
 4        approved by the Agency, if sufficient money exists in the
 5        Fund.  If there is insufficient money in the  Fund,  then
 6        payment  shall  not  be  made.   If the owner or operator
 7        appeals a final Agency payment determination  and  it  is
 8        determined  that  the  owner  or operator is eligible for
 9        payment or additional payment, the priority date for  the
10        payment  or  additional  payment shall be the same as the
11        priority  date  assigned  to  the  original  request  for
12        partial or final payment.
13             (4)  Any deductible, as determined pursuant  to  the
14        Office  of  the  State  Fire  Marshal's  eligibility  and
15        deductibility  final  determination  in  accordance  with
16        Section  57.9,  shall  be  subtracted  from  any  payment
17        invoice  paid to an eligible owner or operator.  Only one
18        deductible shall apply per underground storage tank site.
19             (5)  In the event that costs are or will be incurred
20        in addition to those approved by  the  Agency,  or  after
21        payment,  the  owner  or  operator  may submit successive
22        plans containing amended budgets.   The  requirements  of
23        Section 57.7 shall apply to any amended plans.
24             (6)  For   purposes  of  this  Section,  a  complete
25        application shall consist of:
26                  (A)  A   certification    from    a    Licensed
27             Professional  Engineer  as required under this Title
28             and acknowledged by the owner or operator.
29                  (B)  A statement of the amount approved in  the
30             plan  and  the  amount  actually  sought for payment
31             along with a certified statement that the amount  so
32             sought  shall  be  expended  in conformance with the
33             approved budget.
34                  (C)  A copy of the Office  of  the  State  Fire
 
SB745 Engrossed             -1096-             LRB9101253EGfg
 1             Marshal's      eligibility     and     deductibility
 2             determination.
 3                  (D)  Proof  that  approval   of   the   payment
 4             requested  will  not  result  in the limitations set
 5             forth  in  subsection  (g)  of  this  Section  being
 6             exceeded.
 7                  (E)  A federal taxpayer  identification  number
 8             and  legal status disclosure certification on a form
 9             prescribed and provided by the Agency.
10        (b)  Commencement of corrective action upon  availability
11    of  funds.  The  Board  shall adopt regulations setting forth
12    procedures based on risk to human health or  the  environment
13    under  which  the owner or operator who has received approval
14    for any budget plan submitted pursuant to Section  57.7,  and
15    who is eligible for payment from the Underground Storage Tank
16    Fund  pursuant  to  an  Office  of  the  State  Fire  Marshal
17    eligibility  and  deductibility  determination,  may elect to
18    defer   site   classification,   low   priority   groundwater
19    monitoring,  or  remediation  activities  until   funds   are
20    available  in  an  amount equal to the amount approved in the
21    budget plan.  The regulations shall establish criteria  based
22    on  risk  to  human  health or the environment to be used for
23    determining on  a  site-by-site  basis  whether  deferral  is
24    appropriate.    The  regulations  also  shall  establish  the
25    minimum  investigatory  requirements  for determining whether
26    the risk based criteria are present  at  a  site  considering
27    deferral  and  procedures  for  the notification of owners or
28    operators of insufficient funds, Agency review of request for
29    deferral, notification of Agency final  decisions,  returning
30    deferred  sites to active status, and earmarking of funds for
31    payment.
32        (c)  When the owner or operator requests  indemnification
33    for  payment  of  costs  incurred as a result of a release of
34    petroleum from an underground storage tank, if the  owner  or
 
SB745 Engrossed             -1097-             LRB9101253EGfg
 1    operator  has satisfied the requirements of subsection (a) of
 2    this Section, the Agency shall forward a copy of the  request
 3    to  the  Attorney General.  The Attorney General shall review
 4    and approve the request for indemnification if:
 5             (1)  there is a legally enforceable judgment entered
 6        against the owner  or  operator  and  such  judgment  was
 7        entered due to harm caused by a release of petroleum from
 8        an  underground  storage  tank  and such judgment was not
 9        entered as a result of fraud; or
10             (2)  a settlement  with  a  third  party  due  to  a
11        release  of petroleum from an underground storage tank is
12        reasonable.
13        (d)  Notwithstanding any other provision of  this  Title,
14    the  Agency shall not approve payment to an owner or operator
15    from  the  Fund   for   costs   of   corrective   action   or
16    indemnification  incurred during a calendar year in excess of
17    the following  aggregate  amounts  based  on  the  number  of
18    petroleum underground storage tanks owned or operated by such
19    owner or operator in Illinois.
20             Amount                               Number of Tanks
21             $1,000,000............................fewer than 101
22             $2,000,000...............................101 or more
23             (1)  Costs  incurred  in  excess  of  the  aggregate
24        amounts  set  forth  in  paragraph (1) of this subsection
25        shall not be eligible for payment in subsequent years.
26             (2)  For  purposes  of  this  subsection,   requests
27        submitted  by  any  of the agencies, departments, boards,
28        committees or commissions of the State of Illinois  shall
29        be acted upon as claims from a single owner or operator.
30             (3)  For  purposes  of  this  subsection,  owner  or
31        operator  includes  (i)  any subsidiary, parent, or joint
32        stock company of the  owner  or  operator  and  (ii)  any
33        company  owned  by any parent, subsidiary, or joint stock
34        company of the owner or operator.
 
SB745 Engrossed             -1098-             LRB9101253EGfg
 1        (e)  Costs  of  corrective  action   or   indemnification
 2    incurred  by  an owner or operator which have been paid to an
 3    owner or  operator  under  a  policy  of  insurance,  another
 4    written  agreement,  or  a  court  order are not eligible for
 5    payment  under  this  Section.   An  owner  or  operator  who
 6    receives payment under a policy of insurance, another written
 7    agreement, or a court order shall reimburse the State to  the
 8    extent  such  payment  covers  costs  for  which  payment was
 9    received from the Fund.  Any monies  received  by  the  State
10    under this subsection (e) shall be deposited into the Fund.
11        (f)  Until  the  Board  adopts  regulations  pursuant  to
12    Section 57.14, handling charges are eligible for payment only
13    if  they  are  equal to or less than the amount determined by
14    the following table:
15        Subcontract or field      Eligible Handling Charges
16        Purchase Cost             as a Percentage of Cost

17        $0 - $5,000...........................................12%
18        $5,001 - $15,000.............$600+10% of amt. over $5,000
19        $15,001 - $50,000...........$1600+8% of amt. over $15,000
20        $50,001 - $100,000..........$4400+5% of amt. over $50,000
21        $100,001 - $1,000,000......$6900+2% of amt. over $100,000
22        (g)  The Agency shall not approve any  payment  from  the
23    Fund to pay an owner or operator:
24             (1)  for costs of corrective action incurred by such
25        owner  or  operator  in an amount in excess of $1,000,000
26        per occurrence; and
27             (2)  for costs of indemnification of such  owner  or
28        operator  in  an  amount  in  excess  of  $1,000,000  per
29        occurrence.
30        (h)  Payment  of  any amount from the Fund for corrective
31    action or indemnification  shall  be  subject  to  the  State
32    acquiring  by  subrogation the rights of any owner, operator,
33    or other person to recover the costs of corrective action  or
34    indemnification  for  which  the  Fund  has  compensated such
 
SB745 Engrossed             -1099-             LRB9101253EGfg
 1    owner, operator, or person from  the  person  responsible  or
 2    liable for the release.
 3        (i)  If  the  Agency  refuses to pay or authorizes only a
 4    partial payment, the affected owner or operator may  petition
 5    the Board for a hearing in the manner provided for the review
 6    of permit decisions in Section 40 of this Act.
 7        (j)  Costs   of   corrective  action  or  indemnification
 8    incurred by an owner or operator  prior  to  July  28,  1989,
 9    shall not be eligible for payment or reimbursement under this
10    Section.
11        (k)  The  Agency shall not pay costs of corrective action
12    or indemnification incurred before providing notification  of
13    the release of petroleum in accordance with the provisions of
14    this Title.
15        (l)  Corrective  action  does  not  include legal defense
16    costs.  Legal defense costs include legal costs  for  seeking
17    payment  under  this  Title  unless  the  owner  or  operator
18    prevails  before  the  Board  in  which  case  the  Board may
19    authorize payment of legal fees.
20        (m)  The Agency may apportion payment of costs for  plans
21    submitted under Section 57.7(c)(4)(E)(iii) if:
22             (1)  the  owner  or  operator was deemed eligible to
23        access the Fund for payment of  corrective  action  costs
24        for  some,  but not all, of the underground storage tanks
25        at the site; and
26             (2)  the owner or operator  failed  to  justify  all
27        costs  attributable  to  each underground storage tank at
28        the site.
29    (Source: P.A. 88-496;  88-668,  eff.  9-16-94;  89-428,  eff.
30    1-1-96; 89-457, eff. 5-22-96; revised 10-31-98.)

31        (415 ILCS 5/57.14)
32        Sec. 57.14. Advisory Committee; regulations.
33        (a)  There  is  hereby established an Underground Storage
 
SB745 Engrossed             -1100-             LRB9101253EGfg
 1    Tank Advisory Committee which shall  consist  of  one  member
 2    from  the Illinois State Chamber of Commerce, one member from
 3    the Illinois Manufacturers Association, one member  from  the
 4    Illinois  Petroleum  Council,  2  members  from  the Illinois
 5    Petroleum Marketers Association,  and  one  member  from  the
 6    Consulting Engineers Council of Illinois.
 7        (b)  Within  6  months  after  the effective date of this
 8    amendatory Act of 1993, the Agency, after  consultation  with
 9    the   Underground  Storage  Tank  Advisory  Committee,  shall
10    propose regulations prescribing procedures and standards  for
11    its  administration  of  this  Title.  Within  6 months after
12    receipt of the Agency's proposed regulations, the Board shall
13    adopt,  pursuant  to  Sections  27  and  28  of   this   Act,
14    regulations   which  are  consistent  with  this  Title.  The
15    regulations,  at  a  minimum,  shall  specify  all   of   the
16    following:
17             (1)  Criteria for determining indicator contaminants
18        based  on  the type of petroleum stored in an underground
19        storage tank.  If no groundwater standard exists  for  an
20        indicator  contaminant,  the  regulations  shall  specify
21        procedures to define and quantify appropriate groundwater
22        objectives.
23             (2)  Types of corrective action activities which are
24        eligible for payment.
25             (3)  Costs which are not corrective action costs.
26             (4)  Procedures    for    requesting   payment   for
27        corrective action  costs  and  information  necessary  to
28        complete such requests.
29             (5)  Procedures   for   requesting   and  submitting
30        corrective action plans and budgets under this Title  and
31        the  information  necessary  to  complete  such plans and
32        budgets.
33             (6)  Procedures  for  determining   and   collecting
34        excess payments.
 
SB745 Engrossed             -1101-             LRB9101253EGfg
 1             (7)  In  the  case  of plans or reports submitted to
 2        the Agency under  this  Title,  the  proposed  and  final
 3        regulations  shall  specify  procedures for the review of
 4        plans or reports.  A payment application  that  certifies
 5        that   a  corrective  action  program  was  completed  in
 6        accordance with an approved proposal or report and at  or
 7        below the approved budget amount shall be deemed approved
 8        unless   the  Agency  has  reason  to  believe  that  the
 9        certification is fraudulent.
10        (c)  Until such time as the  regulations  required  under
11    this  Section  take  effect,  the Agency shall administer its
12    activities under this Title in accordance with the provisions
13    therein.
14        (d)  Members  of  the  advisory  committee  may  organize
15    themselves as  they  deem  necessary.   Members  shall  serve
16    without  compensation  but  shall  be  reimbursed  for  their
17    expenses from Underground Storage Tank Fund.
18        (e)  By  September  15,  1996,  the  Agency shall propose
19    regulations in accordance with item (2)  (B)  of   subsection
20    (b)  of  Section  57.7,  subsection  (b) of Section 57.8, and
21    subsection (f) of  Section  57.10.   Within  6  months  after
22    receipt of the Agency's proposed regulations, the Board shall
23    adopt,  under  Sections 27 and 28 of this Act, rules that are
24    consistent with item (2) (B) of  subsection  (b)  of  Section
25    57.7,  subsection  (b) of Section 57.8, and subsection (f) of
26    Section 57.10.
27    (Source: P.A. 89-428,  eff.  1-1-96;  89-457,  eff.  5-22-96;
28    90-14, eff. 7-1-97; revised 10-28-98.)

29        Section  200.   The  Local  Solid  Waste  Disposal Act is
30    amended by changing Section 3.1 as follows:

31        (415 ILCS 10/3.1) (from Ch. 85, par. 5903.1)
32        Sec. 3.1.  If a solid waste management plan prepared  and
 
SB745 Engrossed             -1102-             LRB9101253EGfg
 1    implemented  under  Section  3  of this Act, Section 4 of the
 2    Solid Waste Planning and Recycling  Act,  Section  2  of  the
 3    Illinois  Solid  Waste  Management  Act, Section 22.15 of the
 4    Environmental Protection Act, or Section 4 of the Solid Waste
 5    Planning and Recycling Act,  or  the  Energy  Facility  Plan,
 6    specifies  that  incineration  shall  be  a  means  used by a
 7    facility to meet waste disposal needs within a  jurisdiction,
 8    that  facility shall be deemed a qualified solid waste energy
 9    facility if it meets the following requirements:
10        (1)  The operator  annually  certifies  to  the  Illinois
11    Commerce  Commission that solid waste is the primary fuel and
12    comprises no less than 95% of the annual fuel loading.
13        (2)  The  operator  guarantees  that  the   solid   waste
14    throughput  volume  shall  be  equal  to  at least 66% of the
15    design capacity of the facility.
16        (3)  (A) A solid waste management plan has been developed
17        by the unit or units of local government included in  the
18        area  that  is  intended to be served by the facility and
19        has  been  filed  with  and  approved  by  the   Illinois
20        Environmental  Protection  Agency  pursuant to subsection
21        (g)  of  Section  22.15  of  the  Illinois  Environmental
22        Protection Act or pursuant to  Section  5  of  the  Solid
23        Waste  Planning  and  Recycling Act.  Any such plan shall
24        establish a recycling goal of a minimum of 25% by  weight
25        of  the  solid waste stream generated within the planning
26        area; or
27             (B)  For  any  facility  that  receives  local  site
28        approval  before  May  1,  1989,  a  Solid  Waste  Energy
29        Facility Plan has been  developed  with  respect  to  the
30        facility by the owner or operator of the facility and has
31        been   filed   with   and   approved   by   the  Illinois
32        Environmental Protection Agency.  Any  such  Solid  Waste
33        Energy  Facility Plan shall establish a recycling goal of
34        at least 25% of the solid waste stream  received  by  the
 
SB745 Engrossed             -1103-             LRB9101253EGfg
 1        Solid   Waste   Energy  Facility,  and  shall  include  a
 2        description of the processes and systems to  be  utilized
 3        by the facility for materials and energy recovery.
 4        (4)  A  good  faith  effort  has been made by the unit or
 5    units of local government served by the facility or the owner
 6    or operator of the facility to achieve the 25% recycling goal
 7    at the time the facility commences commercial  operation  and
 8    thereafter.
 9    (Source: P.A. 86-145; 86-1028; 87-650; revised 10-31-98.)

10        Section  201.  The Illinois Solid Waste Management Act is
11    amended by changing Sections 7.3 and 8 as follows:

12        (415 ILCS 20/7.3)
13        Sec. 7.3.  Waste collection pilot project.  On or  before
14    March  1,  1994,  the  Department  shall  issue a Request for
15    Proposals Proposal to establish a  pilot  wet/dry  collection
16    pilot  project,  serving at least 600 households, to evaluate
17    the feasibility of wet/dry  collection  systems  that  divert
18    source separated recyclables and compostable nontoxic organic
19    materials from the residential and commercial waste streams.
20        The study shall evaluate both two-stream and three-stream
21    systems   using,   at  a  minimum,  the  following  criteria:
22    convenience and effectiveness of different  sorting  systems,
23    waste  diversion potential, compost quality, marketability of
24    end-products, contamination levels, efficiency  and  cost  of
25    various collection systems, and participation levels.
26        The  pilot project shall include, but need not be limited
27    to, the following materials: newspapers, mixed  paper,  glass
28    containers,  plastic  containers,  food  waste, paper towels,
29    facial tissue, cardboard,  and  metals.   The  pilot  program
30    shall  include  promotional materials to discourage residents
31    from collecting their grass clippings.
32    (Source: P.A. 88-182; revised 10-31-98.)
 
SB745 Engrossed             -1104-             LRB9101253EGfg
 1        (415 ILCS 20/8)
 2        Sec. 8. Recycling Economic Development  Program.   On  or
 3    before  March  1,  1994, the Department shall issue a Request
 4    for   Proposals   Proposal    that    invites    individuals,
 5    not-for-profit  corporations,  and small businesses to submit
 6    proposals to develop enterprises that use secondary materials
 7    that  are  collected  in  municipal  and  business  recycling
 8    programs for the manufacture  of  recycled-content  products.
 9    Grants  to  qualified applicants shall not exceed $50,000 for
10    any one proposal.  The Department shall provide grants in  an
11    amount  not  to  exceed  $150,000 during any one fiscal year.
12    The  terms  of  the  grants  shall  be  determined   by   the
13    Department.   This  program shall operate for a period not to
14    exceed 2 years.
15        The Department shall give priority to proposals that will
16    create  small  scale  businesses  in  economically  depressed
17    areas.   In  determining  the  most  viable  proposals,   the
18    Department  may  consider,  in addition to its regular market
19    development program guidelines, the nature of  the  business,
20    its  capital needs, benefits to the community, program budget
21    constraints, local financing opportunities, and the  type  of
22    secondary  material  that  will  be  used as feedstock in the
23    reuse or remanufacturing process.
24        The  Department  shall  hold  at  least  2  informational
25    meetings in the State to  publicize  the  existence  of  this
26    recycling   economic   redevelopment  Request  for  Proposals
27    Proposal  and  shall  provide  technical  assistance  to  any
28    potential  respondent  desiring   such   assistance.    Grant
29    recipients  shall  prepare and submit to the Department a one
30    year progress report which the Department shall summarize and
31    submit to the General Assembly along with recommendations  on
32    measures   that   the   State   can  undertake  to  stimulate
33    small-scale  market  development  ventures,  particularly  in
34    economically-depressed areas.
 
SB745 Engrossed             -1105-             LRB9101253EGfg
 1        None of the provisions of this  Section  shall  limit  or
 2    affect other programs administered by the Department pursuant
 3    to this Act.
 4    (Source: P.A. 88-445; revised 10-31-98.)

 5        Section  202.   The Public Water Supply Operations Act is
 6    amended by changing Section 1 as follows:

 7        (415 ILCS 45/1) (from Ch. 111 1/2, par. 501)
 8        Sec. 1.  (1) In order to safeguard the  health  and  well
 9    being  of the populace, every public water supply in Illinois
10    shall have on its operational  staff  at  least  one  natural
11    person  certified  as  competent  as  a water supply operator
12    under the provisions of this Act.
13        Except for exempt public water supplies, all portions  of
14    a  community  public  water  supply system shall be under the
15    supervision of a properly certified water supply operator.
16        (2)  The following class requirements apply:
17             (a)  Each  community  public  water   supply   which
18        includes coagulation, lime softening, or sedimentation as
19        a  part of its primary treatment shall have in its employ
20        at least one natural person certified as competent  as  a
21        Class A water supply operator.
22             (b)  Each  non-exempt  community public water supply
23        which includes filtration, aeration  and  filtration,  or
24        ion exchange equipment as a part of its primary treatment
25        shall  have  in  its  employ  at least one natural person
26        certified as competent as a Class  B  or  Class  A  water
27        supply operator.
28             (c)  Each  non-exempt  community public water supply
29        which utilizes chemical feeding only shall  have  in  its
30        employ at least one natural person certified as competent
31        as a Class C, Class B, or Class A water supply operator.
32             (d)  Those   non-exempt   community   public   water
 
SB745 Engrossed             -1106-             LRB9101253EGfg
 1        supplies  in which the facilities are limited to pumpage,
 2        storage, or distribution shall have in  their  employ  at
 3        least  one  natural  person  certified  as competent as a
 4        Class D, Class C,  Class  B,  or  Class  A  water  supply
 5        operator.
 6        (3)  A  public  water supply may satisfy the requirements
 7    of this Section 1 of this Act by contracting the services  of
 8    a properly qualified certified operator of the required class
 9    or  higher,  as specified in subsection (2) Section 1 of this
10    Act. A written contract to this effect must be on  file  with
11    the  Agency  certifying  that  such  an agreement exists, and
12    delegating responsibility and  authority  to  the  contracted
13    party.  This  written  agreement  shall be signed by both the
14    certified operator to be contracted and the responsible water
15    supply owners and operators, shall  be  duly  notarized,  and
16    must be approved in writing by the Agency.
17    (Source: P.A. 82-393; revised 10-31-98.)

18        Section   203.    The   Wastewater  Land  Treatment  Site
19    Regulation  Act  is  amended  by  changing  Section  3.01  as
20    follows:

21        (415 ILCS 50/3.01) (from Ch. 111 1/2, par. 583.01)
22        Sec. 3.01. No person may establish,  operate,  manage  or
23    maintain  any  wastewater  land  treatment  site  or digested
24    sludge utilization site within any county  unless  a  program
25    for  that  purpose is first submitted to a steering committee
26    of 15 members appointed as follows:
27        (1)  5 members appointed  by  the  County  Board  of  the
28    County within which the proposed site is located;
29        (2)  3 members appointed by the applicant;
30        (3)  2   members   appointed  by  the  President  of  the
31    University of Illinois, at least  one  of  whom  shall  be  a
32    representative  of  the local Agricultural Extension Service;
 
SB745 Engrossed             -1107-             LRB9101253EGfg
 1    and.
 2        (4)  5  members,  including  one  appointed,  1  by   the
 3    Director or Secretary of each of the following Departments:
 4             (a)  the Environmental Protection Agency;
 5             (b)  the Department of Natural Resources;
 6             (c)  the Department of Transportation;
 7             (d)  the Department of Public Health; and
 8             (e)  the Department of Agriculture.
 9    (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)

10        Section  204.   The  Illinois Pesticide Act is amended by
11    changing Sections 7 and 8 as follows:

12        (415 ILCS 60/7) (from Ch. 5, par. 807)
13        Sec. 7.  Refusal to Register, Cancellation, Suspension.
14        1.  The Director may refuse to register  a  pesticide  or
15    cancel or suspend a pesticide registration if:
16             A.  It  does  not appear that the composition of the
17        pesticide is such as to warrant the proposed  claims,  if
18        the pesticide does not comply with provisions of this Act
19        or regulations promulgated thereunder, or if the labeling
20        and  other  materials  required  for  registration do not
21        comply  with  provisions  of  this  Act  or   regulations
22        promulgated  thereunder.   The  Director shall notify the
23        applicant of the manner in which the  pesticide  labeling
24        or  other  material  fails  to comply so as to afford the
25        applicant an opportunity to make  necessary  corrections.
26        The  Director may refuse to register the pesticide if the
27        required changes are not made.  The applicant may request
28        a hearing as provided under the  Illinois  Administrative
29        Procedure Procedures Act.
30             B.  It   is  determined  that  a  pesticide  or  its
31        labeling does not comply with provisions of this  Act  or
32        regulations   promulgated   thereunder   or  unreasonable
 
SB745 Engrossed             -1108-             LRB9101253EGfg
 1        adverse effects on  the  environment  would  result  from
 2        continued  registration,  the  Director  may  cancel  the
 3        registration  or  change  the  use  classification of the
 4        pesticide.   Prior  to  cancellation  or  a   change   in
 5        classification,  the  Director shall conduct a hearing in
 6        accordance with provisions of the Illinois Administrative
 7        Procedure Act.
 8             C.  It is  determined  that  there  is  an  imminent
 9        hazard.  The Director may, of his own accord, suspend the
10        registration  of  a  pesticide and with utmost expedition
11        conduct  a  hearing  in  accordance  with  the   Illinois
12        Administrative  Procedure Procedures Act for the purposes
13        of determining whether  to  cancel  the  registration  or
14        reclassify the pesticide's use.
15        2.  Any   person  adversely  affected  by  any  order  as
16    provided for in this Section may obtain  judicial  review  by
17    filing  in  the  Circuit Court, within 60 days after entry of
18    such order, a petition praying the order in whole or in  part
19    be set aside.  The petition shall be forthwith transmitted by
20    the  Clerk  of the Court to the Director.  The Director shall
21    file with the court a record of the proceedings on which  the
22    order  is based.  The Court shall have jurisdiction to affirm
23    or set aside in whole or in part such order.  The findings of
24    the Director with respect  to  questions  of  fact  shall  be
25    sustained   if   supported   by  substantial  evidence.  Upon
26    application, the Court may remand the matter to the  Director
27    to take further testimony if there are reasonable grounds for
28    failure  to  adduce  such evidence in the prior hearing.  The
29    Director  may  modify  his  order  by  reason  of  additional
30    evidence  and  shall   file   the   additional   record   and
31    modification with the Clerk of the Court.
32        3.  If  the Director determines that a pesticide does not
33    comply  with  registration  provisions  of   FIFRA   or   the
34    regulations  adopted thereunder, he shall advise USEPA of the
 
SB745 Engrossed             -1109-             LRB9101253EGfg
 1    manner in which said pesticide fails to  comply  and  suggest
 2    necessary correction.
 3    (Source: P.A. 81-197; revised 10-31-98.)

 4        (415 ILCS 60/8) (from Ch. 5, par. 808)
 5        Sec.    8.     Authority,   Determinations,   Rules   and
 6    Regulations, Uniformity.
 7        1.  The Director is  authorized,  after  due  notice  and
 8    opportunity  for hearing, to declare and establish as a pest,
 9    for purposes of pesticide use and application,  any  form  of
10    plant  or  animal  life,  other  than  man himself, bacteria,
11    viruses, and the microorganisms on or in living man or  other
12    living   animals,   which  is  injurious  to  health  or  the
13    environment, provided that the classification  of  plants  as
14    pest  does  not  violate  provisions of the "Illinois Noxious
15    Weed Law".
16        2.  The Director is  authorized,  after  due  notice  and
17    public  hearing  as  provided  in the Illinois Administrative
18    Procedure Procedures Act, to make appropriate regulations for
19    enforcement and administration of the Act including, but  not
20    limited to, regulations providing for:
21             A.  The  collection,  examination,  and  analysis of
22        samples of pesticides or devices.
23             B.  The storage, display, distribution and  disposal
24        of pesticides or devices and their containers.
25             C.  The  methods  of pesticide application which may
26        relate to time, place, manner, methods, material amounts,
27        or combinations and concentrations,  in  connection  with
28        the application of the pesticide.
29             D.  Packaging,  and material coloration necessary to
30        protect public health and the environment from pesticides
31        with experimental use or special local need registration.
32        Such regulations must be consistent with the FIFRA  rules
33        and regulations promulgated thereunder.
 
SB745 Engrossed             -1110-             LRB9101253EGfg
 1             E.  The   storage,   handling,  and  containment  of
 2        pesticides at agrichemical facilities and the  protection
 3        of  groundwater consistent with the provisions of Section
 4        14.6 of the Environmental Protection Act.
 5             F.  The  development  and   implementation   of   an
 6        Agrichemical Facility Response Action Program as provided
 7        in Section 19.3.
 8        3.  For purposes of uniformity and in order to enter into
 9    cooperative   agreements,   the   Director   may   adopt  use
10    classifications and other  pertinent  pesticide  registration
11    provisions which are established by the Administrator, EPA.
12        4.  Regulations  adopted  under this Act shall not permit
13    any pesticide use prohibited by the FIFRA or any  regulations
14    or orders issued thereunder.
15        5.  The  Director  is  authorized  to cooperate with such
16    state or federal agencies as may be reasonable and proper  to
17    carry out the provisions of this Act.
18    (Source: P.A. 89-94, eff. 7-6-95; revised 10-31-98.)

19        Section 205.  The Environmental Toxicology Act is amended
20    by changing Section 6 as follows:

21        (415 ILCS 75/6) (from Ch. 111 1/2, par. 986)
22        Sec.  6.  At the request of a unit of local government to
23    which a siting  approval  application  for  a  new  pollution
24    control  facility  for  the storage, treatment or disposal of
25    hazardous waste has been made, pursuant to  Section  39.2  of
26    the  Environmental Environment Protection Act, the Department
27    shall  evaluate  the  public  health  implications  of   such
28    proposed facility.
29        Such  request  shall  be made to the Department within 14
30    days of the filing of the application.  The Department  shall
31    transmit  its  evaluation  to  the  unit  of local government
32    within 75 days of the request.  Such evaluation shall be made
 
SB745 Engrossed             -1111-             LRB9101253EGfg
 1    available for public inspection and shall be made part of the
 2    hearing record.  If the  Department  fails  to  transmit  the
 3    evaluation prior to the last required public hearing the unit
 4    of  local  government  may consider that evaluation in making
 5    its determination only upon its finding that  the  delay  has
 6    not  resulted  in  material prejudice to the applicant or the
 7    public.
 8    (Source: P.A. 88-681, eff. 12-22-94; revised 10-31-98.)

 9        Section 206.  The Recycled Newsprint Use Act  is  amended
10    by changing Section 2002 as follows:

11        (415 ILCS 110/2002) (from Ch. 96 1/2, par. 9752)
12        Sec.  2002.  Definitions.  As used in this Act, the terms
13    defined in the Sections that follow this Section and  precede
14    Section 2003 3 shall have the meaning therein given.
15    (Source: P.A. 86-1443; revised 10-31-98.)

16        Section  207.   The  Alternate  Fuels  Act  is amended by
17    changing Sections 10 and 25 as follows:

18        (415 ILCS 120/10)
19        Sec. 10.  Definitions.  As used in this Act:
20        "Agency" means the Environmental Protection Agency.
21        "Alternate fuel" means liquid petroleum gas, natural gas,
22    E85 blend fuel, fuel  composed  of  a  minimum  80%  ethanol,
23    bio-based   methanol,   fuels   derived   from   biomass,  or
24    electricity.
25        "Alternate  fuel  vehicle"  means  any  vehicle  that  is
26    operated in Illinois and is capable  of  using  an  alternate
27    fuel.
28        "Conventional",  when  used to modify the word "vehicle",
29    "engine",  or  "fuel",  means  gasoline  or  diesel  or   any
30    reformulations of those fuels.
 
SB745 Engrossed             -1112-             LRB9101253EGfg
 1        "Covered  Area" means the counties of Cook, DuPage, Kane,
 2    Lake, McHenry, and Will and those portions of  Grundy  County
 3    and  Kendall  County  that  are included in the following ZIP
 4    code areas, as designated by the U.S. Postal Service  on  the
 5    effective  date of this amendatory Act of 1998: 60416, 60444,
 6    60447, 60450, 60481, 60538, and 60543.
 7        "Director"  means  the  Director  of  the   Environmental
 8    Protection Agency.
 9        "Domestic  renewable  fuel" means a fuel, produced in the
10    United States, composed of a minimum 80%  ethanol,  bio-based
11    methanol, and fuels derived from bio-mass.
12        "E85 blend fuel" means fuel that contains 85% ethanol and
13    15% gasoline.
14        "GVWR" means Gross Vehicle Weight Rating.
15        "Location"  means  (i)  a parcel of real property or (ii)
16    multiple,  contiguous  parcels  of  real  property  that  are
17    separated by private roadways, public roadways, or private or
18    public rights-of-way and  are  owned,  operated,  leased,  or
19    under common control of one party.
20        "Original   equipment  manufacturer"  or  "OEM"  means  a
21    manufacturer of alternate fuel vehicles or a manufacturer  or
22    remanufacturer  of  alternate  fuel  engines used in vehicles
23    greater than 8500 pounds GVWR.
24        "Rental vehicle" means any motor vehicle that is owned or
25    controlled primarily for the purpose of short-term leasing or
26    rental pursuant to a contract.
27    (Source: P.A.  89-410;  90-726,  eff.  8-7-98;  90-797,  eff.
28    12-15-98; revised 12-24-98.)

29        (415 ILCS 120/25)
30        Sec.  25.  Ethanol fuel research program.  The Department
31    of Commerce and Community Affairs shall administer a research
32    program to reduce the costs of producing  ethanol  fuels  and
33    increase  the  viability of ethanol fuels, new ethanol engine
 
SB745 Engrossed             -1113-             LRB9101253EGfg
 1    technologies, and  ethanol  refueling  infrastructure.   This
 2    research  shall be funded from the Alternate Fuels Fund.  The
 3    research program shall remain in effect  until  December  31,
 4    2002, or until funds are no longer available.
 5    (Source:  P.A.  89-410;  90-726,  eff.  8-7-98;  90-797, eff.
 6    12-15-98; revised 12-24-98.)

 7        Section 208.  The Radiation Installation Act  is  amended
 8    by changing Section 3 as follows:

 9        (420 ILCS 30/3) (from Ch. 111 1/2, par. 196)
10        Sec.  3.  Exceptions  to  registration.  The registration
11    requirements of this Act shall not  apply  to  the  following
12    materials, machines or conditions:
13        (a)  Natural   radioactive  materials  of  an  equivalent
14    specific  radioactivity  not  exceeding   that   of   natural
15    potassium,  except  when such materials are produced, stored,
16    used, handled or disposed in such quantity  or  fashion  that
17    any  person  might  receive  within  a  week a radiation dose
18    exceeding one-tenth the maximum permissible total weekly dose
19    for  any  critical  organ  exposed,  as  determined  by   the
20    standards  established by the National Committee on Radiation
21    Protection.
22        (b)  Radioactive material in such quantity  that  if  the
23    entire  amount were taken internally, continuously, or at one
24    time by a person,  no  harmful  effect  would  be  likely  to
25    result.  Listings  of  the  upper  limits  of  quantities  of
26    radioactive  materials which are exempt from registration are
27    given in the following table. These  limits  apply  only  for
28    radioactive material not contained in sealed sources:
29               Upper                Upper                 Upper
30     Radio-    Limit     Radio-     Limit      Radio-     Limit
31     active    Micro-    active     Micro-     active     Micro-
32    Material   curie    Material    curie     Material    curie
33       210                  48                  200
34     Pb              1   V              100   Tl              100
35       210                  59                  204
 
SB745 Engrossed             -1114-             LRB9101253EGfg
 1     Po              1   Fe             100   Tl              100
 2       211                  65                  203
 3     At              1   Zn An          100   Pb              100
 4       226                  72                  234
 5     Ra              1   Ga             100   Th              100
 6       227                  76                    3
 7     Ac              1   As             100   H              1000
 8       233                  86                    7
 9     U               1   Rb             100   Be             1000
10       239                  89                   14
11     Pu              1   Sr             100   C              1000
12       241                  91                   24
13     Am              1   Y              100   Na             1000
14       242                  95                   35
15     Cm              1   Nb             100   S              1000
16        46                  96                   42
17     Sc             10   Tc             100   K              1000
18        60                 105                   51
19     Co             10   Rh             100   Cr             1000
20        90                 109                   55
21     Sr             10   Cd             100   Fe             1000
22       105                 111                   56
23     Ag             10   Ag             100   Mn             1000
24       106                 113                   59
25     Ru             10   Sn             100   Ni             1000
26       129                 127                   64
27     Te             10   Te             100   Cu             1000
28       131                 140                   71
29     I              10   Ba             100   Ge             1000
30       137                 140                   99
31     Cs             10   La             100   Mo             1000
32       144                 143                  103
33     Ce             10   Pr             100   Pd             1000
34       154                 151                  147
35     Eu             10   Sm             100   Pm             1000
36       181                 166                  190
37     W              10   Ho             100   Ir             1000
38       183                 170                  196
39     Re             10   Ta             100   Au             1000
40       192                 177                  201
41     Ir             10   Lu             100   Tl             1000
42        32                 182                  202
43     P             100   Tm             100   Tl             1000
44        36                 191
45     Cl            100   Pt             100  Natural U       1000
46        45                 193
 
SB745 Engrossed             -1115-             LRB9101253EGfg
 1     Ca            100   Pt             100  Natural Th      1000
 2        47                 198
 3     Sc            100   Au             100
 4        48                 199
 5     Sc            100   Au             100

 6        (c)  Radioactive  materials  in  sealed  sources in total
 7    quantities  not  exceeding  one  millicurie   for   a   given
 8    installation.
 9        (d)  Timepieces,   instruments,   novelties   or  devices
10    containing  self-luminous   elements,   except   during   the
11    manufacture  of the self-luminous elements and the production
12    of said timepieces, instruments, novelties; and  except  when
13    the timepieces, instruments, novelties or devices are stored,
14    used,  repaired,  handled  or  disposed  in  such quantity or
15    fashion that  any  person  might  receive  within  a  week  a
16    radiation  dose  exceeding  one-tenth the maximum permissible
17    total  weekly  dose  for  any  critical  organ  exposed,   as
18    determined  by  the  standards  established  by  the National
19    Committee on Radiation Protection.
20        (e)  Electrical equipment that is primarily not  intended
21    to produce radiation and which operates in such a manner that
22    no  person  may  receive  within  a  week  a  radiation  dose
23    exceeding one-tenth the maximum permissible total weekly dose
24    for   any  critical  organ  exposed,  as  determined  by  the
25    standards established by the National Committee on  Radiation
26    Protection.  Provided,  the  production testing or production
27    servicing of all  such  electrical  equipment  shall  not  be
28    exempt from registration.
29        (f)  Any  radioactive material or radiation machine being
30    transported on vessels,  aircraft,  railroad  cars  or  motor
31    vehicles in conformity with regulations adopted by any agency
32    having jurisdiction over safety during transportation.
33        (g)  Radiation   machines,   radioactive   materials  and
34    radiation installations which  the  Department  finds  to  be
35    without  radiation  hazard,  as  determined  by the standards
 
SB745 Engrossed             -1116-             LRB9101253EGfg
 1    established  by   the   National   Committee   on   Radiation
 2    Protection.
 3    (Source:  P.A.  90-14,  eff.  7-1-97;  90-391,  eff. 8-15-97;
 4    revised 10-28-98.)

 5        Section  209.   The  Fireworks  Use  Act  is  amended  by
 6    changing Section 4 as follows:

 7        (425 ILCS 35/4) (from Ch. 127 1/2, par. 130)
 8        Sec. 4.  Whenever any officer or employee of  the  Office
 9    of  the State Fire Marshal or the Department of State Police,
10    a Sheriff, a Deputy Sheriff, or a member of any city  council
11    or  board  of trustees of any village or incorporated town or
12    county board has reason to believe that any violation of this
13    Act has occurred within the jurisdiction  within  which  such
14    official  is  authorized  to  act  and  that  the  person  so
15    violating   the  Act  has  in  his  possession  fireworks  or
16    combustibles, such official may file a complaint in  writing,
17    verified  by  affidavit,  with any circuit court within whose
18    jurisdiction  the  premises  to  be  searched  are  situated,
19    stating the facts upon which  such  belief  is  founded,  the
20    premises  to  be searched, and the property to be seized, and
21    procure a search warrant  and  execute  the  same.  Upon  the
22    execution  of  such  search warrant, the person executing the
23    same shall make due return thereof to the court  issuing  the
24    same,  together  with  an  inventory  of  the  property taken
25    thereunder. The court shall thereupon issue  process  against
26    the  owner of such property if he be known, otherwise against
27    the party in whose  possession  the  property  so  taken  was
28    found,  if  known. In case of inability to serve such process
29    upon the owner or the person in possession of the property at
30    the time of its seizure, as hereinbefore provided, notice  of
31    the  proceedings  before the court shall be given as required
32    by the statutes of the State governing cases  of  attachment.
 
SB745 Engrossed             -1117-             LRB9101253EGfg
 1    Upon  the  return  of  the  process  duly  served or upon the
 2    posting  or  publishing  of  notice  made,   as   hereinabove
 3    provided,  the  court  or  jury, if a jury shall be demanded,
 4    shall proceed to determine whether or not  such  property  so
 5    seized  was  held  or  possessed in violation of this Act. In
 6    case of a finding that the fireworks or  combustibles  seized
 7    were  possessed  in  violation of this Act, judgment shall be
 8    entered confiscating and forfeiting the property and ordering
 9    its destruction.
10    (Source: P.A. 84-25; revised 10-31-98.)

11        Section 210.  The Hotel Floor Plan Posting Act is amended
12    by changing Section 1 as follows:

13        (425 ILCS 50/1) (from Ch. 127 1/2, par. 81)
14        Sec. 1.  The term "hotel" means any building or buildings
15    maintained, advertised, and held out to the public  to  be  a
16    place where lodging is offered for consideration to travelers
17    and  guests.   The  term includes terms include inns, motels,
18    tourist homes or courts and lodging houses.
19    (Source: P.A. 82-186; revised 10-31-98.)

20        Section 211.  The Firearm Owners Identification Card  Act
21    is amended by changing Section 1.1 as follows:

22        (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
23        Sec. 1.1. For purposes of this Act:
24        "Firearm" means any device, by whatever name known, which
25    is  designed  to  expel  a  projectile  or projectiles by the
26    action of an explosion, expansion of gas or  escape  of  gas;
27    excluding, however:
28             (1)  any  pneumatic  gun, spring gun, paint ball gun
29        or  B-B  gun  which  either  expels  a  single   globular
30        projectile  not  exceeding .18 inch in diameter and which

 
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 1        has a maximum muzzle velocity of less than 700  feet  per
 2        second  or  breakable  paint  balls  containing  washable
 3        marking colors;
 4             (2)  any  device  used exclusively for signalling or
 5        safety and required or recommended by the  United  States
 6        Coast Guard or the Interstate Commerce Commission; or
 7             (3)  any  device  used exclusively for the firing of
 8        stud cartridges, explosive rivets or  similar  industrial
 9        ammunition; and
10             (4)  an  antique  firearm (other than a machine-gun)
11        which, although designed as a weapon, the  Department  of
12        State   Police  finds  by  reason  of  the  date  of  its
13        manufacture, value, design, and other characteristics  is
14        primarily a collector's item and is not likely to be used
15        as a weapon.
16        "Firearm  ammunition"  means any self-contained cartridge
17    or shotgun shell, by whatever name known, which  is  designed
18    to  be  used  or  adaptable  to  use in a firearm; excluding,
19    however:
20             (1)  any ammunition  exclusively  designed  for  use
21        with  a  device used exclusively for signalling or safety
22        and required or recommended by the  United  States  Coast
23        Guard or the Interstate Commerce Commission; and or
24             (2)  any  ammunition  designed  exclusively  for use
25        with a stud or rivet driver or other  similar  industrial
26        ammunition.
27    (Source: P.A. 86-349; 86-1265; revised 10-31-98.)

28        Section  212.   The  Release  of  Genetically  Engineered
29    Organisms Act is amended by changing Section 3 as follows:

30        (430 ILCS 95/3) (from Ch. 111 1/2, par. 7603)
31        Sec. 3.  Notification.
32        (a)  Except  as  provided  under Section 8, no person may
 
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 1    commence a regulated release unless the  person  provides  to
 2    the  reviewing  Department  for that regulated release all of
 3    the following information within  7  days  after  the  person
 4    submits or should have submitted the information specified in
 5    paragraph  (1) of this subsection (a) to a federal regulator,
 6    whichever is sooner:
 7             (1)  A copy of all information which the  person  is
 8        required  to submit to the federal regulator and which is
 9        not confidential information.
10             (2)  A summary of any confidential information which
11        the person submits or is required to submit to a  federal
12        regulator.  The summary shall be sufficient to enable the
13        reviewing  Department  to  prepare the comment authorized
14        under Section 5 and to provide information to the  public
15        and   shall   have   minimal  extraneous  and  irrelevant
16        information.
17        (b)  Notwithstanding subsection (a) of Section 7 (7),  if
18    either Department receives information under this subsection,
19    it  shall  provide  a  copy  of such information to the other
20    Department.
21    (Source: P.A. 86-306; revised 10-31-98.)

22        Section 213.  The  Agricultural  Areas  Conservation  and
23    Protection Act is amended by changing Section 7 as follows:

24        (505 ILCS 5/7) (from Ch. 5, par. 1007)
25        Sec.  7. Public hearing required.  The Agricultural Areas
26    Committee of the county board shall hold a public hearing  on
27    any  proposal for the creation of an agricultural area.  Such
28    hearing shall be held at a place within the proposed area  or
29    a  place  readily  accessible to the proposed area. Notice of
30    the hearing shall contain a statement of the time,  date  and
31    place of the public hearing and a description of the proposed
32    area  and  any  proposed  additions.   Such  notice  shall in
 
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 1    addition contain a statement that the public hearing will be
 2    he  held  concerning  the  original  proposal,  any   written
 3    amendments  proposed  during the 30 day review period and any
 4    recommendations proposed  by  the  county  committee  or  the
 5    planning  commissions.   The  notice  shall be published in a
 6    newspaper having a general circulation  within  the  proposed
 7    area  or  if  no newspaper has general circulation within the
 8    proposed area, then in a newspaper having general circulation
 9    within the county, and shall  be  given  in  writing  to  the
10    persons owning land within such a proposed area.
11    (Source: P.A. 81-1173; revised 12-23-98.)

12        Section  214.  The Beef Market Development Act is amended
13    by changing Section 13 as follows:

14        (505 ILCS 25/13) (from Ch. 5, par. 1413)
15        Sec. 13.  With the delivery  by  certified  mail  to  the
16    Illinois Beef Council office of, petitions from each of the 7
17    districts   containing   signatures  of  at  least  100  beef
18    producers from each district, stating "Shall the Beef  Market
19    Development  Act  continue", the Illinois Beef Council shall,
20    within 90 days,  conduct  a  referendum  to  determine  if  a
21    majority  of  the  beef  producers  voting in such referendum
22    support  the  continuation  of  the  Illinois  "Beef   Market
23    Development  Act".   Referendums  under this Section shall be
24    held not more than one time each 5 years.
25    (Source: P.A. 83-84; revised 10-31-98.)

26        Section 215.  The  Illinois  Sheep  and  Wool  Production
27    Development and Marketing Act is amended by changing Sections
28    15 and 23 as follows:

29        (505 ILCS 115/15) (from Ch. 5, par. 1065)
30        Sec.  15.   Any  properly  qualified  sheep  and/or  wool
 
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 1    production development or marketing program shall provide for
 2    assessments  against  producers  of the affected commodity to
 3    defray the costs of the activities provided for in the  sheep
 4    and   wool  production  development  and  marketing  program.
 5    Assessments authorized in  a  sheep  and/or  wool  production
 6    development  and  marketing  program  shall  be  based on the
 7    quantity  of  commodity  marketed  and  shall  be   equitably
 8    assessed against all affected producers in one of two ways as
 9    follows:;
10        (a)  If  assessments  are  levied against only wool, then
11    the total assessment levied on the commodity of any  affected
12    producer shall be 2 cents per pound of wool produced and sold
13    by  that  producer  during  the first 5 years a program is in
14    operation.
15        If deemed necessary after the first 5 years a program  is
16    in  operation  the  rate  can be increased, not to exceed 1/2
17    cent per pound per every 2 years by a vote of a 5/7  majority
18    of  the  entire  sheep  and  wool  production development and
19    marketing board, however the assessment rate cannot exceed  5
20    cents  per  pound.   In  subsequent years, the sheep and wool
21    production development and marketing board  can  request  the
22    Director  to hold a producer referendum to increase above and
23    beyond the maximum assessment rate of 5 cents  per  pound  of
24    wool  allowed  under  the  provisions of this Act.  Providing
25    that a majority of those producers voting, vote in favor, the
26    sheep and wool production development and marketing board can
27    then increase the rate.
28        (b)  If assessments are levied  against  both  sheep  and
29    wool, then the total assessment levied on both commodities of
30    any  affected  producer  shall  be one cent per pound of wool
31    produced and sold by that producer and 10 cents per  head  of
32    sheep  produced  and sold by that producer during the first 5
33    years a program is in operation.
34        If deemed necessary after the first 5 years a program  is
 
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 1    in  operation,  the  rate can be increased, not to exceed 1/4
 2    cent per pound of wool per every 2 years and  not  to  exceed
 3    2 1/2 cents per head of sheep per every 2 years, by a vote of
 4    5/7   majority  of  the  entire  sheep  and  wool  production
 5    development and marketing board, however the assessment  rate
 6    cannot exceed 2 1/2 cents per pound of wool and cannot exceed
 7    25  cents  per head of sheep.  In subsequent years, the sheep
 8    and wool  production  development  and  marketing  board  can
 9    request  the  Director  to  hold  a  producer  referendum  to
10    increase  above  and  beyond  the maximum assessment rates of
11    2 1/2 cents per pound of wool and 25 cents per head of  sheep
12    allowed  under  the  provisions of the Act.  Providing that a
13    majority of those producers voting, vote in favor, the  sheep
14    and  wool production development and marketing board can then
15    increase the rate.
16        Upon approval of a sheep and wool production  development
17    and  marketing  program  by  a  majority of those voting in a
18    referendum and pursuant to the provisions of this Act and  of
19    the  approved  program,  the first purchasers of sheep and/or
20    wool shall withhold and remit such assessments to  the  sheep
21    and  wool  production  development and marketing board.  From
22    the time withheld, such assessments shall be the property  of
23    said  board and shall be held in trust by the first purchaser
24    until  the  assessment  is  remitted  to  the  Board.    Such
25    assessments shall not be subject to levy or execution by  any
26    creditor   of  the  first  purchaser.   The  sheep  and  wool
27    production development and marketing  board  shall  have  the
28    power to cause any duly authorized agent or representative to
29    enter  upon  the  premises of any purchaser of sheep and wool
30    and examine or cause to be examined by such agent only books,
31    papers and records which deal in any way with respect to  the
32    payment of the assessment or enforcement of this Act.
33    (Source: P.A. 82-100; revised 10-31-98.)
 
SB745 Engrossed             -1123-             LRB9101253EGfg
 1        (505 ILCS 115/23) (from Ch. 5, par. 1073)
 2        Sec.  23.   This Act shall not be subject to Section 5-35
 3    of the Illinois Administrative Procedure Act.
 4    (Source: P.A. 88-45; revised 10-31-98.)

 5        Section 216.  The Soybean Marketing  Act  is  amended  by
 6    changing Section 15 as follows:

 7        (505 ILCS 130/15) (from Ch. 5, par. 565)
 8        Sec.  15.   (1)  For  any  marketing  program approved by
 9    referendum under this Act the Director shall:
10             (a)  take steps to insure that adequate  and  proper
11        records  are  kept  and  that  an annual audit summary is
12        available to all program participants;
13             (b)  take steps to insure that  adequate  bonds  are
14        maintained;
15             (c)  coordinate  administrative  activities  between
16        the program operating board and the Department; and
17             (d)  confer   and   cooperate   with   the   legally
18        constituted  authorities  of  other states and the United
19        States.
20        (2) (e)  Following approval of any marketing  program  or
21    amendment,  the  Director shall file the program or amendment
22    with the Secretary of State as provided in  Section  5-65  of
23    the  Illinois  Administrative Procedure Act.  Such program or
24    amendment shall be included in the rules  of  the  Department
25    required  by  Section  5-15  of  the  Illinois Administrative
26    Procedure Act.
27    (Source: P.A. 88-45; revised 10-31-98.)

28        Section 217.  The Bees and Apiaries  Act  is  amended  by
29    changing Section 2c as follows:

30        (510 ILCS 20/2c) (from Ch. 8, par. 124c)
 
SB745 Engrossed             -1124-             LRB9101253EGfg
 1        Sec.  2c.  Upon a finding that there exist exists in this
 2    State, or in any other state, territory,  district,  province
 3    or  country bee diseases, bee parasites, or exotic strains of
 4    bees, the  Director  may  impose  and  enforce  a  quarantine
 5    restricting the transportation of bees, colonies, or items of
 6    used  bee  equipment   capable  of carrying bee diseases, bee
 7    parasites  or  exotic  strains  of  bees  into,   within   or
 8    throughout  the  State.     In carrying out the provisions of
 9    this Section or any quarantine,  the  Director  may,  at  the
10    expense  of  the  owner,  when  an  infestation, infection or
11    nuisance is located, seize or abate bees, colonies, or  items
12    of used bee equipment.
13        When  the  Director  finds that there exist exists in any
14    other state, territory, district,  province  or  country  bee
15    diseases,  bee  parasites  or  exotic  strains  of bees, with
16    respect to which the United States Secretary  of  Agriculture
17    has  not established a quarantine, and that the bee diseases,
18    bee parasites or exotic strains of bees coming therefrom into
19    this State are likely to convey such  diseases,  infestations
20    or  nuisances,  the  Director  shall  report such fact to the
21    Governor.   The  Governor  may  thereupon,  by  proclamation,
22    prohibit the transportation into this  State  of  such  bees,
23    colonies,  or  items  of used bee equipment except under such
24    regulations as may be prescribed by the Department.
25    (Source: P.A. 88-138; revised 10-31-98.)

26        Section 218.  The Humane Care for Animals Act is  amended
27    by changing Sections 4.04 and 16 as follows:

28        (510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
29        Sec.  4.04.   Injuring  Injury  or killing police animals
30    prohibited.  It shall be unlawful for any person to willfully
31    or maliciously torture, mutilate, injure, disable, poison, or
32    kill any animal used  by  a  law  enforcement  department  or
 
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 1    agency  in  the performance of the functions or duties of the
 2    such department or agency or when placed in  confinement  off
 3    duty.   However, a police officer or veterinarian may perform
 4    euthanasia in emergency situations when delay would cause the
 5    animal undue suffering and pain.
 6    (Source: P.A. 90-80, eff. 7-10-97; revised 10-31-98.)

 7        (510 ILCS 70/16) (from Ch. 8, par. 716)
 8        Sec. 16.  Violations; punishment; injunctions.
 9        (a)  Any person convicted of violating Sections 5,  5.01,
10    or  6  of  this Act  or any rule, regulation, or order of the
11    Department  pursuant  thereto,  is  guilty  of  a   Class   C
12    misdemeanor.
13             (b)(1)  This subsection (b) does not apply where the
14        only animals involved in the violation are dogs.
15             (2)  Any  person  convicted  of violating subsection
16        (a), (b), (c) or (h) of Section 4.01 of this Act  or  any
17        rule,  regulation,  or  order  of the Department pursuant
18        thereto, is guilty of a Class A misdemeanor.
19             (3)  A second or subsequent  offense  involving  the
20        violation  of  subsection (a), (b) or (c) of Section 4.01
21        of this Act or any rule,  regulation,  or  order  of  the
22        Department pursuant thereto is a Class 4 felony.
23             (4)  Any  person  convicted  of violating subsection
24        (d), (e) or (f) of Section 4.01 of this Act or any  rule,
25        regulation,  or order of the Department pursuant thereto,
26        is guilty of a Class B misdemeanor.
27             (5)  Any person convicted  of  violating  subsection
28        (g)  of Section 4.01 of this Act or any rule, regulation,
29        or order of the Department pursuant thereto is guilty  of
30        a Class C misdemeanor.
31             (c)(1)  This   subsection  (c)  applies  exclusively
32        where the only animals  involved  in  the  violation  are
33        dogs.
 
SB745 Engrossed             -1126-             LRB9101253EGfg
 1             (2)  Any  person  convicted  of violating subsection
 2        (a), (b) or (c) of Section 4.01 of this Act or any  rule,
 3        regulation or order of the Department pursuant thereto is
 4        guilty of a Class 4 felony and may be fined an amount not
 5        to exceed $50,000.
 6             (3)  Any  person  convicted  of violating subsection
 7        (d), (e) or (f) of Section 4.01 of this Act or any  rule,
 8        regulation or order of the Department pursuant thereto is
 9        guilty  of  Class  A  misdemeanor, if such person knew or
10        should have known that  the  device  or  equipment  under
11        subsection  (d)  or  (e)  of  that  Section  or the site,
12        structure  or  facility  under  subsection  (f)  of  that
13        Section was to be used to carry out a violation where the
14        only animals involved were dogs.  Where such  person  did
15        not  know  or should not reasonably have been expected to
16        know that the only animals involved in the violation were
17        dogs, the penalty shall be same as that provided  for  in
18        paragraph (4) of subsection (b).
19             (4)  Any  person  convicted  of violating subsection
20        (g) of Section 4.01 of this Act or any  rule,  regulation
21        or order of the Department pursuant thereto is  guilty of
22        a Class C misdemeanor.
23             (5)  A  second or subsequent violation of subsection
24        (a), (b) or (c) of Section 4.01 of this Act or any  rule,
25        regulation or order of the Department pursuant thereto is
26        a  Class  3  felony.  A second or subsequent violation of
27        subsection (d), (e) or (f) of Section 4.01 of this Act or
28        any rule, regulation or order of the  Department  adopted
29        pursuant  thereto  is  a  Class  3  felony,  if  in  each
30        violation  the  person knew or should have known that the
31        device or equipment under subsection (d) or (e)  of  that
32        Section   or   the  site,  structure  or  facility  under
33        subsection (f) of that Section was to be  used  to  carry
34        out  a  violation  where  the  only animals involved were
 
SB745 Engrossed             -1127-             LRB9101253EGfg
 1        dogs.  Where such person  did  not  know  or  should  not
 2        reasonably  have  been  expected  to  know  that the only
 3        animals involved in the violation were dogs, a second  or
 4        subsequent  violation  of  subsection  (d), (e) or (f) of
 5        Section 4.01 of this Act or any rule, regulation or order
 6        of the Department adopted pursuant thereto is a  Class  A
 7        misdemeanor.    A   second  or  subsequent  violation  of
 8        subsection (g) is a Class B misdemeanor.
 9             (6)  Any person convicted of violating Section  3.01
10        of this Act is guilty of a Class C misdemeanor.  A second
11        conviction  for  a violation of Section 3.01 is a Class B
12        misdemeanor.  A third  or  subsequent  conviction  for  a
13        violation of Section 3.01 is a Class  A misdemeanor.
14             (7)  Any  person convicted of violating Section 4.03
15        is guilty of a Class B misdemeanor.
16             (8)  Any person convicted of violating Section  4.04
17        is  guilty  of  a Class A misdemeanor where the animal is
18        not killed or totally disabled,  but  if  the  animal  is
19        killed or totally disabled such person shall be guilty of
20        a Class 4 felony.
21             (8.5)  A  person  convicted  of violating subsection
22        (a) of Section 7.15 is guilty of a Class  B  misdemeanor.
23        A  person convicted of violating subsection (b) or (c) of
24        Section 7.15 is (i) guilty of a Class  A  misdemeanor  if
25        the dog is not killed or totally disabled and (ii) if the
26        dog  is  killed  or totally disabled, guilty of a Class 4
27        felony  and  may  be  ordered  by  the  court   to   make
28        restitution  to  the  disabled  person  having custody or
29        ownership of the dog for veterinary bills and replacement
30        costs of the dog.
31             (9)  Any person convicted  of  violating  any  other
32        provision  of this Act, or any rule, regulation, or order
33        of the Department pursuant thereto, is guilty of a  Class
34        C  misdemeanor  with every day that a violation continues
 
SB745 Engrossed             -1128-             LRB9101253EGfg
 1        constituting a separate offense.
 2        (d)  Any person convicted of  violating  Section  7.1  is
 3    guilty of a petty offense.  A second or subsequent conviction
 4    for a violation of Section 7.1 is a Class C misdemeanor.
 5        (e)  Any  person  convicted  of violating Section 3.02 is
 6    guilty of a Class A misdemeanor.
 7        (f)  The Department may enjoin a person from a continuing
 8    violation of this Act.
 9    (Source: P.A. 89-455, eff. 5-20-96;  89-689,  eff.  12-31-96;
10    90-14, eff. 7-1-97; 90-80, eff. 7-10-97; revised 10-31-98.)

11        Section  219.   The Fish and Aquatic Life Code is amended
12    by changing Section 10-15 as follows:

13        (515 ILCS 5/10-15) (from Ch. 56, par. 10-15)
14        Sec. 10-15.  Method of taking certain fish.  Muskellunge,
15    northern  pike,  pickerels, walleye, sauger, largemouth bass,
16    smallmouth bass, spotted bass,  warmouth,  rock  bass,  white
17    bass,  yellow  bass,  striped bass (ocean rockfish), sunfish,
18    bluegill, crappie, trout, salmon, and their hybrids shall  be
19    taken  only  by  properly  licensed individuals and only with
20    sport fishing devices as provided in Section 10-95 10.95.
21    (Source: P.A. 89-66, eff. 1-1-96; revised 10-31-98.)

22        Section 220.  The Wildlife Code is  amended  by  changing
23    Sections 1.4, 2.18-1, and 2.24 as follows:

24        (520 ILCS 5/1.4) (from Ch. 61, par. 1.4)
25        Sec.  1.4. The Department is authorized to make rules and
26    regulations for carrying out, administering and enforcing the
27    provisions of this Act.  These rules and regulations shall be
28    called and hereinafter referred to as administrative rules.
29        Each rule shall be promulgated  in  accordance  with  the
30    Illinois Administrative Procedure Procedures Act as amended.
 
SB745 Engrossed             -1129-             LRB9101253EGfg
 1        A copy of any such rule, under the seal of the Department
 2    and  certified  by  the Director thereof shall be received in
 3    evidence in all courts of this State with the same effect  as
 4    the original.
 5        Such  rules,  after becoming effective, shall be enforced
 6    in the same manner as are any other provisions  of  this  Act
 7    and violators thereof are subject to the penalties set out in
 8    Section 3.5 of this Act.
 9    (Source: P.A. 85-152; revised 10-31-98.)

10        (520 ILCS 5/2.18-1) (from Ch. 61, par. 2.18-1)
11        Sec.  2.18-1.   (a) It shall be lawful for any person who
12    holds the licenses, permits and stamps required by  this  Act
13    for  the taking of migratory waterfowl to use, in addition to
14    or in lieu of any other authorized ammunition, either lead or
15    steel  shotgun  pellets  in  taking  such  waterfowl  at  any
16    location  in  the  State  where  the  hunting  of   migratory
17    waterfowl  is authorized, except as provided under subsection
18    (b) of this Section and at specific  sites  where  there  are
19    documented  cases  of  lead  poisoning  of  waterfowl and all
20    alternative methods of alleviating lead  poisoning  (such  as
21    dewatering,  flooding and/or tillage) have been determined to
22    be  unsuccessful  in  preventing  lead  poisoning  losses  of
23    waterfowl.  At such specific  sites,  shot  shell  ammunition
24    containing  non-toxic  pellets, such as steel, shall be used.
25    These specific sites may  be  designated  by  the  Department
26    after  statewide  public hearings have been conducted and the
27    results of such hearings have been reviewed.
28        (b)  The Department shall be authorized to designate,  by
29    rule,  pursuant to the Illinois Administrative Procedure Act,
30    areas that shall be limited to the use of non-toxic  pellets;
31    provided,  however,  that such authorization shall only exist
32    for those areas which the  federal  government  has  mandated
33    shall  be  closed  to  all waterfowl hunting unless the State
 
SB745 Engrossed             -1130-             LRB9101253EGfg
 1    agrees to  the  prohibition  of  the  use  of  toxic  shotgun
 2    pellets.
 3        No State agency shall issue or make any rule, regulation,
 4    order or agreement which is in conflict with this Section.
 5    (Source: P.A. 85-127; revised 10-31-98.)

 6        (520 ILCS 5/2.24) (from Ch. 61, par. 2.24)
 7        Sec.  2.24.  It shall be unlawful to take or possess deer
 8    in this State, except in compliance with  the  provisions  of
 9    Sections  Section 2.25, 2.26, and 3.23 and the administrative
10    rules issued under the provisions of those such Sections.  It
11    is unlawful for any person to knowingly  take  any  all-white
12    all  white  whitetail  deer  (Odocoileus virginianus) in this
13    State at any time.
14    (Source: P.A. 85-152; revised 10-31-98.)

15        Section 221.  The Illinois Endangered Species  Protection
16    Act is amended by changing Section 3 as follows:

17        (520 ILCS 10/3) (from Ch. 8, par. 333)
18        Sec. 3.  It is unlawful for any person:
19             (1)  to  possess,  take,  transport, sell, offer for
20        sale, give or otherwise dispose  of  any  animal  or  the
21        product thereof of any animal species which occurs on the
22        Illinois List;, or
23             (2)  to  deliver,  receive, carry, transport or ship
24        in  interstate  or  foreign  commerce  plants  listed  as
25        endangered by the federal  government  without  a  permit
26        therefor  issued by the Department as provided in Section
27        4 of this Act; and
28             (3)  to take plants on the Illinois List without the
29        express expressed written permission of the landowner; or
30             (4)  to sell or  offer  for  sale  plants  or  plant
31        products of endangered species on the Illinois List.
 
SB745 Engrossed             -1131-             LRB9101253EGfg
 1    (Source: P.A. 84-1065; revised 10-31-98.)

 2        Section  222.   The  Cave  Protection  Act  is amended by
 3    changing Section 6 as follows:

 4        (525 ILCS 5/6) (from Ch. 96 1/2, par. 9506)
 5        Sec. 6.  It shall be unlawful for any person, without the
 6    express expressed written permission of the land owner, to:
 7        (a)  Willfully or  knowingly  break,  break  off,  crack,
 8    carve  upon, write, burn, mark upon, remove, or in any manner
 9    destroy, disturb, deface, mar, or harm the  surfaces  of  any
10    cave  or  any  natural  material  which may be found therein,
11    whether attached or broken, including speleothems, speleogens
12    and sedimentary deposits.
13        (b)  Break, force, tamper with, or  otherwise  disturb  a
14    lock,  gate, door or other obstruction designed to control or
15    prevent access to any cave, even though entrance thereto  may
16    not be gained.
17        (c)  Remove,  deface or tamper with a sign stating that a
18    cave is posted or citing provisions of this Act.
19        (d)  Store, dump, litter, dispose of or  otherwise  place
20    any  refuse, garbage, dead animal, sewage, or toxic substance
21    harmful to cave life or humans in any cave or sinkhole.
22        (e)  Burn within any cave or sinkhole any material  which
23    produces any smoke or gas which is harmful to any organism in
24    any  cave.  This  Section shall specifically exempt acetylene
25    gas emissions created by carbide lamps used as  a  source  of
26    light by persons using the cave.
27        (f)  Kill,  injure,  disturb  or otherwise interfere with
28    any cave life, including any cave roosting bat, or  interfere
29    with  or obstruct the free movement of any cave resource into
30    or out of any cave, or enter any cave with the  intention  of
31    killing,  injuring, disturbing or interfering with life forms
32    therein.
 
SB745 Engrossed             -1132-             LRB9101253EGfg
 1        (g)  Remove  any  natural  or  cultural  resources  found
 2    within any cave.
 3    (Source: P.A. 84-140; revised 10-31-98.)

 4        Section 223.  The State Forest Act is amended by changing
 5    Section 6 as follows:

 6        (525 ILCS 40/6) (from Ch. 96 1/2, par. 5907)
 7        Sec. 6.  The Department shall have the authority to  take
 8    all  measures  necessary to secure plants and plant materials
 9    from private sources and to establish and  operate  nurseries
10    to  produce  and  distribute plants and plant materials.  The
11    Department shall develop and implement a program of  securing
12    plants   and  plant  materials  from  private  sources.   The
13    Department  shall  utilize  the  most  modern   methods   and
14    techniques to operate its nursery facilities.
15        The plants and plant materials secured or produced  shall
16    be  used  exclusively  for conservation purposes, such as for
17    wildlife  habitat,  erosion  control,  energy   conservation,
18    natural   community   restoration,   general   reforestation,
19    research,  commemorative  plantings, and educational programs
20    such as Arbor Day.  Plants and plant materials distributed by
21    the State shall not be used for  ornamental,  landscaping  or
22    shade  tree  purposes.  Plants and plant materials secured or
23    produced and distributed by the State  nurseries  are  to  be
24    protected  against  abuses, such as may occur in the event of
25    livestock grazing or wildfire.
26        The Department may cooperate with  any  person  or  group
27    desirous  of  establishing  plants  or  plant  materials  for
28    conservation plantings by (a) furnishing trees, shrubs, seeds
29    or  other  materials  where deemed necessary or desirable, or
30    (b) providing labor, equipment and technical  supervision  to
31    plan and implement the conservation plantings, or both.
32        Plants and plant materials may be provided, upon approval
 
SB745 Engrossed             -1133-             LRB9101253EGfg
 1    of  a  written  management plan, without charge to individual
 2    landowners,   State   agencies   and   institutions,    local
 3    governments,   civic   groups  and  others  for  conservation
 4    plantings.
 5        Plants and plant materials may be provided without charge
 6    to government agencies and institutions, organized groups  or
 7    individuals  for  special  conservation  plantings,  research
 8    plantings, educational purposes and commemorative plantings.
 9        Plants  and  plant materials may be made available to the
10    general  public,  mining  companies,  other  industries   and
11    agencies  of  the  federal  government but shall be sold at a
12    price approximately equal  to  the  cost  of  acquisition  or
13    production and distribution.
14        Products  such  as  Christmas  trees, roundwood and other
15    materials derived from  State  distributed  plants  or  plant
16    materials  may  be  utilized, sold or removed, except that no
17    such plants shall be  resold,  bartered  or  given  away  and
18    removed alive with the roots attached.
19        The  Department  may effect exchanges, purchases or sales
20    involving plants and plant materials  with  other  states  or
21    with agencies of the federal government.
22        The  Department  shall  have  the  authority to make such
23    rules and regulations pursuant to the Illinois Administrative
24    Procedure Procedures Act as it deems necessary  for  carrying
25    out, administering and enforcing the provisions of this Act.
26    (Source: P.A. 85-150; revised 10-31-98.)

27        Section  224.   The  Water  Use Act of 1983 is amended by
28    changing Section 5.1 as follows:

29        (525 ILCS 45/5.1) (from Ch. 5, par. 1605.1)
30        Sec. 5.1. Groundwater Emergency Restrictions.
31        (a)  Each District within any county in Illinois  through
32    which  the Iroquois River flows, and each District within any
 
SB745 Engrossed             -1134-             LRB9101253EGfg
 1    county in Illinois with a population  in  excess  of  100,000
 2    through  which  the  Mackinaw  River  flows, is authorized to
 3    recommend to the Department of  Agriculture  restrictions  on
 4    groundwater withdrawal as provided by this Section.
 5        A  land  occupier  or  person  who  possesses  land which
 6    contains a point of withdrawal that is capable  of  producing
 7    more  than 100,000 gallons of water on any day shall register
 8    that point of withdrawal with the District and shall  furnish
 9    such  reasonable  data in such form as may be required by the
10    District.
11        (b)  The District, with the assistance  and  approval  of
12    the   Department  of  Agriculture,  shall  issue  recommended
13    guidelines for the construction of points of  withdrawal  and
14    the  type  and  setting  of  pumps for use in those points of
15    withdrawal.  Copies of the guidelines shall be made available
16    from the District upon request.
17        (c)  Within 2 working  days  after  receiving  a  written
18    complaint  from  a  land  occupier or a person whose point of
19    withdrawal has failed to furnish its normal supply of  water,
20    the District shall schedule an on-site investigation.  If the
21    investigation  discloses  (1)  that  the  point of withdrawal
22    fails to furnish its normal supply of  water,  (2)  that  the
23    failure  is  caused by a substantial lowering of the level of
24    groundwater in the area, and (3) that the point of withdrawal
25    and its equipment conform to the  recommended  guidelines  of
26    the  District  issued  under subsection (b), the District may
27    recommend  to  the  Department  of   Agriculture   that   the
28    Department  restrict  the quantity of water that a person may
29    extract from any point of withdrawal  within  the  District's
30    boundaries  which  is  capable of producing more than 100,000
31    gallons on any day.  The restriction shall  be  expressed  in
32    gallons  of  water,  may  apply  to  one  or  more  points of
33    withdrawal within the  District,  and  may  be  broadened  or
34    narrowed as appropriate.  The restrictions shall be lifted as
 
SB745 Engrossed             -1135-             LRB9101253EGfg
 1    soon as justified by changed conditions.
 2        (d)  When  a  District determines that restriction of the
 3    withdrawal of water at a particular point within the District
 4    is necessary to preserve an adequate  water  supply  for  all
 5    residents  in the District, the District may recommend to the
 6    Department of Agriculture that the  Department  restrict  the
 7    quantity  of  water  that  may be extracted from any point of
 8    withdrawal within the District which is capable of  producing
 9    more   than  100,000  gallons  of  water  on  any  day.   The
10    Department shall review the District's recommendation and  if
11    it   agrees  with  such  recommendation  shall  restrict  the
12    withdrawal of water within the District  in  accordance  with
13    subsection  (c) and shall notify each land occupier or person
14    who possesses land  which  contains  a  registered  point  of
15    withdrawal affected by the restriction.
16        If   the   Department   disagrees   with  the  District's
17    recommendation,  it  shall  notify  the  District,  the  land
18    occupier or the person who possesses land  which  contains  a
19    registered point of withdrawal affected by the recommendation
20    and  the  complainant,  giving  the reason for the failure to
21    affirm the recommendation.  The  Department  may  propose  an
22    alternate recommendation.
23        If  the  District,  the  respondent  or  the  complainant
24    disagrees  with  the  decision of the Department, such person
25    may request an administrative hearing to be conducted by  the
26    Department  in  accordance  with  the Illinois Administrative
27    Procedure Act to show cause concerning its decision.
28        Final  decisions  of  the  Department  pursuant  to  this
29    Section may be appealed in accordance with the Administrative
30    Review Law.
31        (e)  The Department is authorized to promulgate rules and
32    regulations,   including    emergency    rules,    for    the
33    implementation of this amendatory Act of 1987. The Department
34    may set the general policy for the Districts to follow in the
 
SB745 Engrossed             -1136-             LRB9101253EGfg
 1    administration of this Act.
 2    (Source: P.A. 85-1330; revised 10-31-98.)

 3        Section  225.   The  Illinois  Highway Code is amended by
 4    changing Sections 4-508, 4-510, 6-315a, and 6-513 as follows:

 5        (605 ILCS 5/4-508) (from Ch. 121, par. 4-508)
 6        Sec. 4-508.  (a) Except as provided in paragraphs (c) and
 7    (d) of this Section, and subject to the written  approval  of
 8    the  Governor, the Department may dispose of, by public sale,
 9    at auction or by sealed  bids,  any  land,  rights  or  other
10    properties,  real  or  personal,  acquired  for but no longer
11    needed for highway purposes or remanents acquired  under  the
12    provisions  of  Section 4-501, provided that no such sale may
13    be made for less than the fair appraised value of such  land,
14    rights, or property.
15        (b)  Except as provided in paragraphs (c) and (d) of this
16    Section, and subject to the written approval of the Governor,
17    the  Department  may exchange any land, rights or property no
18    longer needed for highway purposes,  or  remanents,  acquired
19    under  the  provisions  of  Section  4-501  of  this Code for
20    equivalent interests in land, rights or property  needed  for
21    highway  purposes. Where such interests are not of equivalent
22    value cash may be paid or  received  for  the  difference  in
23    value.
24        (c)  If at the time any property previously determined by
25    the  Department to be needed for highway purposes is declared
26    no longer needed for such purposes, and the person from  whom
27    such  property  was  acquired still owns and has continuously
28    owned land abutting such property since  the  acquisition  by
29    the  Department, the Department before making any disposition
30    of that property shall first offer in writing  that  property
31    to  the  person  from  whom such property was acquired at the
32    current appraised value of the property.   If  the  offer  is
 
SB745 Engrossed             -1137-             LRB9101253EGfg
 1    accepted in writing within 60 days of the date of the written
 2    offer, the Department, subject to the written approval of the
 3    Governor,  is  authorized  to dispose of such property to the
 4    person from whom such property was acquired upon  payment  of
 5    the appraised value.  If the offer is not accepted in writing
 6    within  60  days of the date of the written offer, all rights
 7    under this paragraph shall terminate.
 8        (d)  If the Department enters into  or  currently  has  a
 9    written  contract  with  another  highway  authority  for the
10    transfer of jurisdiction of any highway or  portion  thereof,
11    the Department is authorized to convey, without compensation,
12    any  land,  dedications,  easements,  access  rights,  or any
13    interest in the real estate that it holds  to  that  specific
14    highway  or  portion thereof to the highway authority that is
15    accepting or has accepted jurisdiction.  However, no part  of
16    the  transferred  property  can  be  vacated  or  disposed of
17    without the approval of the  Department,  which  may  require
18    compensation for non-public use.
19        (e) (d)  Except  as  provided  in  paragraph  (c) of this
20    Section, if  the Department obtains or  obtained  fee  simple
21    title  to,  or  any  lesser  interest, in any land, right, or
22    other property and must comply  with  subdivision  (f)(3)  of
23    Section  6 of Title I of the Land and Water Conservation Fund
24    Act of 1965 (16 U.S.C. 460 l-8(f)(3)),  the  Historic  Bridge
25    Program  established  under  Title  23,  United  States Code,
26    Section 144, subsection (o) (23 U.S.C. 144(o)), the  National
27    Historic   Preservation   Act   (16  U.S.C.  Sec.  470),  the
28    Interagency Wetland Policy Act of 1989, or the Illinois State
29    Agency Historic Resources Preservation Act,  the  Department,
30    subject   to   the  written  approval  of  the  Governor  and
31    concurrence of the grantee, is authorized to convey the title
32    or interest in the land, right, or other property to  another
33    governmental  agency,   or a not-for-profit organization that
34    will use  the  property  for  purposes  consistent  with  the
 
SB745 Engrossed             -1138-             LRB9101253EGfg
 1    appropriate law.
 2        The  Department  may  retain rights to protect the public
 3    interest.
 4    (Source: P.A.  90-573,  eff.  2-6-98;  90-755,  eff.  1-1-99;
 5    revised 8-31-98.)

 6        (605 ILCS 5/4-510) (from Ch. 121, par. 4-510)
 7        Sec.  4-510.  The  Department may establish presently the
 8    approximate locations and widths of rights of way for  future
 9    additions  to  the  State highway system to inform the public
10    and prevent costly and conflicting development  of  the  land
11    involved.
12        The  Department  shall  hold  a  public  hearing whenever
13    approximate locations and widths of rights of way for  future
14    highway additions are to be established. The hearing shall be
15    held  in  or near the county or counties where the land to be
16    used is located and notice of the hearing shall be  published
17    in  a  newspaper  or newspapers of general circulation in the
18    county or counties involved. Any  interested  person  or  his
19    representative  may  be  heard. The Department shall evaluate
20    the testimony given at the hearing.
21        The Department shall make a  survey  and  prepare  a  map
22    showing  the location and approximate widths of the rights of
23    way needed need for future additions to the  highway  system.
24    The map shall show existing highways in the area involved and
25    the property lines and owners of record of all land that will
26    be  needed  for  the future additions and all other pertinent
27    information. Approval of the map with any  changes  resulting
28    from  the  hearing  shall  be  indicated in the record of the
29    hearing and a notice of the approval and a copy  of  the  map
30    shall be filed in the office of the recorder for all counties
31    in which the land needed for future additions is located.
32        Public  notice  of the approval and filing shall be given
33    in newspapers of general circulation in  all  counties  where
 
SB745 Engrossed             -1139-             LRB9101253EGfg
 1    the  land  is  located and shall be served by registered mail
 2    within 60 days thereafter on all owners of record of the land
 3    needed for future additions.
 4        The Department may approve changes in the map  from  time
 5    to  time.  The changes shall be filed and notice given in the
 6    manner provided for an original map.
 7        After the map is filed and notice thereof  given  to  the
 8    owners  of record of the land needed for future additions, no
 9    one shall incur development costs or place  improvements  in,
10    upon  or under the land involved nor rebuild, alter or add to
11    any existing structure without first giving 60 days notice by
12    registered mail to the Department. This prohibition shall not
13    apply  to  any  normal  or  emergency  repairs  to   existing
14    structures.  The  Department shall have 45 days after receipt
15    of that notice  to  inform  the  owner  of  the  Department's
16    intention to acquire the land involved; after which, it shall
17    have  the additional time of 120 days to acquire such land by
18    purchase or to initiate action to acquire said  land  through
19    the  exercise  of the right of eminent domain. When the right
20    of way is acquired by the State no damages shall  be  allowed
21    for  any construction, alteration or addition in violation of
22    this Section unless the Department has failed to acquire  the
23    land   by   purchase  or  has  abandoned  an  eminent  domain
24    proceeding initiated  pursuant  to  the  provisions  of  this
25    paragraph.
26        Any  right  of  way  needed  for additions to the highway
27    system may be acquired at any time by the  State  or  by  the
28    county  or  municipality  in which it is located. The time of
29    determination of the value of the property to be taken  under
30    this Section for additions to the highway system shall be the
31    date  of  the  actual  taking, if the property is acquired by
32    purchase, or the date  of  the  filing  of  a  complaint  for
33    condemnation,   if  the  property  is  acquired  through  the
34    exercise of the right of eminent domain, rather than the date
 
SB745 Engrossed             -1140-             LRB9101253EGfg
 1    when the map  of  the  proposed  right-of-way  was  filed  of
 2    record.   The  rate  of compensation to be paid for farm land
 3    acquired hereunder by the exercise of the  right  of  eminent
 4    domain  shall  be  in  accordance  with Section 4-501 of this
 5    Code.
 6    (Source: P.A. 83-358; revised 10-31-98.)

 7        (605 ILCS 5/6-315a) (from Ch. 121, par. 6-315a)
 8        Sec. 6-315a.  Any 3 persons who, at a  hearing  conducted
 9    by  the county superintendent of highways pursuant to Section
10    6-306, 6-311 or 6-312 of this Act,  have  been  permitted  to
11    appear,  in  person  or by counsel, and to introduce evidence
12    and cross examine  witnesses,  may  (if  they  are  qualified
13    petitioners,  or have raised objections at a hearing pursuant
14    to Section 6-311 or 6-312 of this Act and  will  be  directly
15    and   adversely  affected  by  such  proposed  alteration  or
16    vacation) obtain judicial review of such final administrative
17    decision of  the  superintendent  (meaning  his  final  order
18    denying  the  petition  after  a  hearing pursuant to Section
19    6-306, or granting or denying the petition  after  a  hearing
20    pursuant to Section 6-311 or 6-312, to be filed in the office
21    of  the  district  clerk  after  the hearing) pursuant to the
22    Administrative   Review   Law,   and   all   amendments   and
23    modifications  thereof,  and  any  rules   adopted   pursuant
24    thereto.  The term "administrative decision" is defined as in
25    Section 3-101 of the Code of Civil Procedure.  Such  judicial
26    review  proceeding  shall  be given precedence over all other
27    civil  cases,  except  cases  arising  under  the   "Workers'
28    Compensation    Act"    and   "the   Unemployment   Insurance
29    Compensation Act".
30    (Source: P.A. 82-783; revised 10-31-98.)

31        (605 ILCS 5/6-513) (from Ch. 121, par. 6-513)
32        Sec. 6-513.  The county board, in any county  having  the
 
SB745 Engrossed             -1141-             LRB9101253EGfg
 1    commission  form  of  government  in which a county unit road
 2    district is established, may issue bonds of the county in  an
 3    amount  not  exceeding  2.875% of the value, as equalized and
 4    assessed by the Department of Revenue,  of  the  property  in
 5    such  county  or,  until January 1, 1983, if greater, the sum
 6    that is produced by multiplying the county's  1978  equalized
 7    assessed  valuation  by  the  debt  limitation  percentage in
 8    effect on January 1, 1979, for the  purpose  of  constructing
 9    county  unit district roads. However, the question of issuing
10    such county bonds shall  first  be  submitted  to  the  legal
11    voters  of such county at an election. The county board shall
12    adopt a resolution to submit the  question  of  issuing  such
13    bonds  to  a vote, specifying therein the particular roads or
14    bridges to be constructed, the type  of  construction  to  be
15    made  on  each  section of such roads or on such bridges, the
16    proposed widths of the roadway, together with an estimate  of
17    the  cost  of  such  construction.   The  county  board shall
18    certify the resolution to the proper election officials,  who
19    shall  submit  at  an election such proposition in accordance
20    with the general election law. Notice of the referendum shall
21    be given and the referendum shall be held in accordance  with
22    the general election law of the State.  The proposition shall
23    be in substantially the following form:
24    -------------------------------------------------------------
25        Shall county bonds for county         YES
26    unit district roads be issued to the ------------------------
27    amount of $....?                          NO
28    -------------------------------------------------------------
29        If  a majority of the voters voting on such question vote
30    in favor of the proposition, the county  board  may  at  once
31    issue the bonds and take the necessary steps to construct the
32    roads  provided  for.  Such  bonds  shall be issued to mature
33    within 20 years from the date of issue, shall  be  upon  such
34    terms and conditions and shall bear such rate of interest not
 
SB745 Engrossed             -1142-             LRB9101253EGfg
 1    in  excess  of  the  amount  permitted pursuant to "An Act to
 2    authorize public corporations to issue bonds, other evidences
 3    of indebtedness and  tax  anticipation  warrants  subject  to
 4    interest  rate  limitations  set forth therein", approved May
 5    26, 1970, as amended, as shall be fixed by the county  board.
 6    Such  bonds  shall  be  sold  upon  competitive bids; and the
 7    county board may, if it is of the opinion that the  bids  are
 8    unsatisfactory,  reject the same and re-advertise and solicit
 9    other bids. At the time or before issuing any such bonds, the
10    county board shall adopt a resolution fixing the  details  of
11    such  bonds and providing for the levy of a direct annual tax
12    to pay the principal and interest on such bonds as  the  same
13    become  due.  A register of all bonds so issued shall be kept
14    in the office of the county clerk, and it shall be  the  duty
15    of  the  county  clerk  to annually extend a tax upon all the
16    taxable property of the county sufficient to pay the interest
17    and principal on such bonds, as the same  shall  become  due.
18    Such tax shall not be subject to any limitation as to rate or
19    amount. However, if it has been certified to the county clerk
20    that  funds  from  other  sources have been allocated and set
21    aside for the purpose of paying the principal or interest, or
22    both, of such bonds, the county clerk shall, in extending the
23    tax and fixing the rate of tax under this Section make proper
24    allowance and reduction in such extension of tax and tax rate
25    to the extent of the funds so certified to be  available  for
26    the payment of such principal or interest, or both.
27    (Source: P.A. 84-1325; revised 10-31-98.)

28        Section  226.   The  Rivers,  Lakes,  and  Streams Act is
29    amended by changing Section 13 as follows:

30        (615 ILCS 5/13) (from Ch. 19, par. 60)
31        Sec. 13. The Department of Natural Resources shall make a
32    careful investigation of every body of water, both river  and
 
SB745 Engrossed             -1143-             LRB9101253EGfg
 1    lake,  in the State, and ascertain to what extent, if at all,
 2    the same have been encroached upon by  private  interests  or
 3    individuals, and wherever it believes that the same have been
 4    encroached  upon,  the  Department shall commence appropriate
 5    action either to recover full compensation for such  wrongful
 6    encroachment,  or  to  recover the use of the same, or of any
 7    lands improperly or unlawfully made in  connection  with  any
 8    public  river or lake for the use of the People of the State.
 9    The right and authority hereby given and created shall not be
10    held to be exclusive, or to take from  the  Attorney  General
11    attorney-general  or  any other law officer of the State, the
12    right to commence suit or action.
13    (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)

14        Section 227.  The Navigable  Waters  Obstruction  Act  is
15    amended by changing Section 4 as follows:

16        (615 ILCS 20/4) (from Ch. 19, par. 47d)
17        Sec.  4.   If  any vessel, boat, water craft, or raft, or
18    other similar obstruction, is sinking or grounding, or  being
19    unnecessarily  delayed  in  any  public  or  navigable waters
20    mentioned in this Act, in such a manner as to stop, seriously
21    interfere with, or  specially  endanger  navigation,  in  the
22    opinion  of  the   Director of Natural Resources, or any duly
23    authorized agent of the Department, the  Department,  or  any
24    such agent, shall have the right to take immediate possession
25    of  such  boat, vessel, or other water craft, or raft, so far
26    as to remove or to destroy it and to clear  immediately  such
27    public or navigable waters of the obstruction thereby caused,
28    using  his  best  judgment to prevent any unnecessary injury.
29    It is unlawful for anyone any one to prevent such removal  or
30    destruction.   The  Department  or agent thereof charged with
31    the removal or  destruction  of  an  obstruction  under  this
32    Section may, in his discretion, give notice in writing to the
 
SB745 Engrossed             -1144-             LRB9101253EGfg
 1    owners  of  any such obstruction requiring them to remove it.
 2    The expense of removing any  such  obstruction  as  aforesaid
 3    shall  be  a  charge  against such craft and cargo and if the
 4    owners thereof fail or refuse to reimburse the State for such
 5    expense within 30 thirty (30) days after  notification,  then
 6    the  officer  or agent aforesaid may sell the craft or cargo,
 7    or any part thereof that  may  not  have  been  destroyed  in
 8    removal,  at  public  auction,  and the proceeds of such sale
 9    shall be deposited with the State Treasurer. If the  proceeds
10    of any such sale is not sufficient in amount to reimburse the
11    State  for such expense, the State of Illinois, acting by and
12    through its Department of Natural Resources,  may,  by  civil
13    action,  obtain  judgment  against  the owners of such craft,
14    cargo, or both for the difference  between  the  proceeds  of
15    such  sale  and  the  actual expense incurred by the State of
16    Illinois, acting by and through  its  Department  of  Natural
17    Resources, in connection with such removal.
18    (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)

19        Section  228.  The Illinois Aeronautics Act is amended by
20    changing Section 15 as follows:

21        (620 ILCS 5/15) (from Ch. 15 1/2, par. 22.15)
22        Sec. 15. "Aeronautics instructor"  means  any  individual
23    engaged   in   giving   instruction,   or  offering  to  give
24    instruction, in  aeronautics,  either  in  flying  or  ground
25    subjects,  or  both,  for hire or reward, without advertising
26    such occupation, without calling his facilities  an  in  "air
27    school" or anything equivalent thereto, and without employing
28    or   using   other  instructors.  It  does  not  include  any
29    instructor in any public school or university of this  State,
30    or  any  institution  of  higher learning duly accredited and
31    approved for carrying on collegiate work,  while  engaged  in
32    his duties as such instructor.
 
SB745 Engrossed             -1145-             LRB9101253EGfg
 1    (Source: Laws 1945, p. 335; revised 10-31-98.)

 2        Section 229.  The Military Emergency Aircraft Restriction
 3    Act is amended by changing Section 5 as follows:

 4        (620 ILCS 10/5) (from Ch. 15 1/2, par. 183)
 5        Sec.  5.  Notice  of the existence of a state of military
 6    emergency and of currently  prevailing  air  traffic  control
 7    requirements  issued  to  the  Department  and  to  civil and
 8    military aviation facilities of this State over  the  Federal
 9    Interstate   Airways  Communications  System  and  the  State
10    emergency fan-out system components of the Civil Air  Defense
11    Warning  Net  is  sufficient  to  authorize the Department to
12    control non-scheduled civil aircraft movement as provided  in
13    this Act.
14        The  Department  may  utilize, to the extent of capacity,
15    the  radio  network  system  of  the  State  Police,   county
16    sheriffs'  sheriffs  offices and municipal police departments
17    in order to assure a  reliable  and  adequate  State  fan-out
18    communications  system  required  for  rapid dissemination of
19    notices to airmen and civil aviation  authorities  respecting
20    such aircraft movement control as may be required on the part
21    of  the  Department and airport operators and managers during
22    the existence of a state of military emergency.
23    (Source: P.A. 77-579; revised 10-31-98.)

24        Section  230.   The  Aircraft  Landing  and  Taking   Off
25    Restriction Act is amended by changing Section 3 as follows:

26        (620 ILCS 15/3) (from Ch. 15 1/2, par. 189)
27        Sec. 3. Except as otherwise provided in Section 5 of this
28    Act,  every  individual  charged  with  the responsibility of
29    grounding aircraft  shall  have  the  power  to  control  the
30    movement  of  aircraft upon the ground or surface of a public
 
SB745 Engrossed             -1146-             LRB9101253EGfg
 1    airport and forbid the taking off of aircraft from or landing
 2    at such public airport to  any  person  or  persons  whenever
 3    there  is reason to believe that such movement or flight will
 4    endanger the public safety, health, welfare or common defense
 5    due to the existence of any one  or  more  of  the  following
 6    conditions:.
 7             (a)  meteorological conditions,
 8             (b)  condition  or qualification of the pilot or any
 9        other person or persons involved in the operation of  the
10        aircraft,
11             (c)  condition of the aircraft, the use for which it
12        is to be flown, and the manner in which it is loaded,
13             (d)  condition of the airport and its facilities,
14             (e)  aerial traffic and obstructions to flying, or
15             (f)  a   military   emergency  affecting  flight  of
16        aircraft or use of the airport.
17    (Source: Laws 1959, p. 2104; revised 10-31-98.)

18        Section 231.  The Illinois Vehicle  Code  is  amended  by
19    changing  Sections  1-121,  1-211.01,  2-123, 3-100, 3-112.1,
20    3-602, 3-816, 4-304, 5-102.1,  6-110,  6-118,  6-204,  6-205,
21    6-208, 6-208.1, 6-301.3, 6-517, 6-520, 7-402, 10-301, 11-306,
22    11-501, 11-501.1, 11-501.6, 11-501.8, 12-215, 15-302, 16-104,
23    18a-501,  18c-1102,  18c-1205,  18c-1705, 18c-2402, 18c-4701,
24    and 18c-6102  and by setting forth and  renumbering  multiple
25    versions of Section 3-643 as follows:

26        (625 ILCS 5/1-121) (from Ch. 95 1/2, par. 1-121)
27        Sec.  1-121.  Flammable  liquid.   Any liquid which has a
28    flash point of  70    degrees  Fahrenheit  F.,  or  less,  as
29    determined  by  a  tagliabue  or  equivalent  closed-cup test
30    device.
31    (Source: P.A. 76-1586; revised 10-31-98.)
 
SB745 Engrossed             -1147-             LRB9101253EGfg
 1        (625 ILCS 5/1-211.01) (from Ch. 95 1/2, par. 1-211.01)
 2        Sec.  1-211.01.   Truck  camper.   A  truck,   not   used
 3    commercially,  when equipped with a portable unit designed to
 4    be loaded onto the bed  which  is  constructed  construed  to
 5    provide  temporary  living quarters for recreational, travel,
 6    or camping use.
 7    (Source: P.A. 81-969; revised 10-31-98.)

 8        (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
 9        Sec. 2-123.  Sale and Distribution of Information.
10        (a)  Except as otherwise provided in  this  Section,  the
11    Secretary  may  make  the driver's license, vehicle and title
12    registration lists, in part or in whole, and any  statistical
13    information  derived  from  these  lists  available  to local
14    governments,  elected  state  officials,  state   educational
15    institutions,  public  libraries  and  all other governmental
16    units of the State and Federal Government requesting them for
17    governmental purposes. The Secretary shall require  any  such
18    applicant  for  services  to  pay for the costs of furnishing
19    such services and the use of the equipment involved,  and  in
20    addition is empowered to establish prices and charges for the
21    services  so  furnished  and  for  the  use of the electronic
22    equipment utilized.
23        (b)  The Secretary is further empowered to and he may, in
24    his discretion, furnish to any applicant, other  than  listed
25    in  subsection (a) of this Section, vehicle or driver data on
26    a computer tape, disk, or printout at a fixed fee of $200  in
27    advance  and require in addition a further sufficient deposit
28    based upon the Secretary of State's  estimate  of  the  total
29    cost  of  the  information  requested and a charge of $20 per
30    1,000 units or part thereof identified or  the  actual  cost,
31    whichever  is  greater. The Secretary is authorized to refund
32    any difference between the additional deposit and the  actual
33    cost of the request.  This service shall not be in lieu of an
 
SB745 Engrossed             -1148-             LRB9101253EGfg
 1    abstract  of a driver's record nor of a title or registration
 2    search.  The information sold  pursuant  to  this  subsection
 3    shall  be  the  entire  vehicle  or driver data list, or part
 4    thereof.
 5        (c)  Secretary of State  may  issue  registration  lists.
 6    The  Secretary  of  State shall compile and publish, at least
 7    annually, a list of all registered vehicles.   Each  list  of
 8    registered  vehicles  shall be arranged serially according to
 9    the registration numbers assigned to registered vehicles  and
10    shall   contain  in  addition  the  names  and  addresses  of
11    registered owners and a brief  description  of  each  vehicle
12    including  the  serial  or  other identifying number thereof.
13    Such compilation may be in such form as in the discretion  of
14    the  Secretary  of  State  may  seem  best  for  the purposes
15    intended.
16        (d)  The Secretary of State shall furnish no more than  2
17    current available lists of such registrations to the sheriffs
18    of all counties and to the chiefs of police of all cities and
19    villages and towns of 2,000 population and over in this State
20    at no cost.  Additional copies may be purchased at the fee of
21    $400  each or at the cost of producing the list as determined
22    by the Secretary of State.
23        (e)  The Secretary of State shall  upon  written  request
24    and  the  payment  of  the  fee  of  $400 furnish the current
25    available list of such motor  vehicle  registrations  to  any
26    person  so long as the supply of available registration lists
27    shall last.
28        (e-1)  Commercial purchasers of driver and vehicle record
29    databases shall enter  into  a  written  agreement  with  the
30    Secretary of State that includes disclosure of the commercial
31    use  of  the  intended  purchase.   Affected drivers, vehicle
32    owners, or registrants  may  request  that  their  personally
33    identifiable   information   not   be   used  for  commercial
34    solicitation purposes.
 
SB745 Engrossed             -1149-             LRB9101253EGfg
 1        (f)  Title  or  registration  search  and   certification
 2    thereof  - Fee.  The Secretary of State shall make a title or
 3    registration search of  the  records  of  his  office  and  a
 4    written  report  on  the  same  for  any person, upon written
 5    application of such person, accompanied by a fee  of  $4  for
 6    each  registration  or title search.  No fee shall be charged
 7    for a title or registration search, or for the  certification
 8    thereof requested by a government agency.
 9        The   Secretary   of  State  shall  certify  a  title  or
10    registration  record  upon  written  request.  The  fee   for
11    certification shall be $4 in addition to the fee required for
12    a  title  or registration search. Certification shall be made
13    under the signature of the Secretary of State  and  shall  be
14    authenticated by Seal of the Secretary of State.
15        The  Secretary  of  State may notify the vehicle owner or
16    registrant of the  request  for  purchase  of  his  title  or
17    registration information as the Secretary deems appropriate.
18        The  vehicle  owner  or  registrant residence address and
19    other personally identifiable information on the record shall
20    not be disclosed.  This  nondisclosure  shall  not  apply  to
21    requests   made  by  law  enforcement  officials,  government
22    agencies,  financial   institutions,   attorneys,   insurers,
23    employers,  automobile  associated businesses, other business
24    entities for purposes consistent with  the  Illinois  Vehicle
25    Code,  the  vehicle owner or registrant, or other entities as
26    the Secretary  may  exempt  by  rule  and  regulation.   This
27    information  may  be withheld from the entities listed above,
28    except  law  enforcement   and   government   agencies   upon
29    presentation  of  a  valid  court order of protection for the
30    duration of the order.
31        No information shall be released to the  requestor  until
32    expiration  of a 10 day period.  This 10 day period shall not
33    apply to requests for information  made  by  law  enforcement
34    officials,   government   agencies,  financial  institutions,
 
SB745 Engrossed             -1150-             LRB9101253EGfg
 1    attorneys,   insurers,   employers,   automobile   associated
 2    businesses, persons licensed as a private detective or  firms
 3    licensed  as  a  private  detective  agency under the Private
 4    Detective, Private Alarm, and Private Security Act  of  1983,
 5    who   are  employed  by  or  are  acting  on  behalf  of  law
 6    enforcement   officials,   government   agencies,   financial
 7    institutions,  attorneys,  insurers,  employers,   automobile
 8    associated   businesses,  and  other  business  entities  for
 9    purposes consistent  with  the  Illinois  Vehicle  Code,  the
10    vehicle   owner  or  registrant  or  other  entities  as  the
11    Secretary may exempt by rule and regulation.
12        Any misrepresentation made by a  requestor  of  title  or
13    vehicle  information  shall be punishable as a petty offense,
14    except in the case of persons licensed as a private detective
15    or firms licensed as a private detective agency  which  shall
16    be  subject  to disciplinary sanctions under Section 22 or 25
17    of the Private Detective, Private Alarm, and Private Security
18    Act of 1983.
19        (g) 1.  The Secretary of State may,  upon  receipt  of  a
20        written request and a fee of $5, furnish to the person or
21        agency  so  requesting  a driver's record.  Such document
22        may  include  a  record  of:  current  driver's   license
23        issuance  information,  except  that  the  information on
24        judicial driving  permits  shall  be  available  only  as
25        otherwise  provided  by  this  Code;  convictions; orders
26        entered revoking, suspending  or  cancelling  a  driver's
27        license   or   privilege;   and   notations  of  accident
28        involvement.  All  other  information,  unless  otherwise
29        permitted by this Code, shall remain confidential.
30             2.  The  Secretary  of State may certify an abstract
31        of a  driver's  record  upon  written  request  therefor.
32        Such  certification  shall be made under the signature of
33        the Secretary of State and shall be authenticated by  the
34        Seal of his office.
 
SB745 Engrossed             -1151-             LRB9101253EGfg
 1             3.  All  requests  for  driving  record  information
 2        shall be made in a manner prescribed by the Secretary.
 3             The  Secretary  of  State  may  notify  the affected
 4        driver of the request for purchase of his driver's record
 5        as the Secretary deems appropriate.
 6             The affected  driver  residence  address  and  other
 7        personally  identifiable  information on the record shall
 8        not be disclosed.  This nondisclosure shall not apply  to
 9        requests  made  by  law enforcement officials, government
10        agencies, financial  institutions,  attorneys,  insurers,
11        employers,   automobile   associated   businesses,  other
12        business  entities  for  purposes  consistent  with   the
13        Illinois  Vehicle  Code,  the  affected  driver, or other
14        entities  as  the  Secretary  may  exempt  by  rule   and
15        regulation.   This  information  may be withheld from the
16        entities  listed  above,  except  law   enforcement   and
17        government  agencies,  upon presentation of a valid court
18        order of protection for the duration of the order.
19             No information shall be released  to  the  requester
20        until  expiration of a 10 day period.  This 10 day period
21        shall not apply to requests for information made  by  law
22        enforcement  officials,  government  agencies,  financial
23        institutions,  attorneys, insurers, employers, automobile
24        associated businesses,  persons  licensed  as  a  private
25        detective or firms licensed as a private detective agency
26        under  the  Private Detective, Private Alarm, and Private
27        Security Act of 1983, who are employed by or  are  acting
28        on   behalf  of  law  enforcement  officials,  government
29        agencies, financial  institutions,  attorneys,  insurers,
30        employers,  automobile  associated  businesses, and other
31        business  entities  for  purposes  consistent  with   the
32        Illinois  Vehicle  Code,  the  affected  driver  or other
33        entities  as  the  Secretary  may  exempt  by  rule   and
34        regulation.
 
SB745 Engrossed             -1152-             LRB9101253EGfg
 1             Any  misrepresentation made by a requestor of driver
 2        information shall  be  punishable  as  a  petty  offense,
 3        except  in  the  case  of  persons  licensed as a private
 4        detective or firms licensed as a private detective agency
 5        which shall be subject to  disciplinary  sanctions  under
 6        Section 22 or 25 of the Private Detective, Private Alarm,
 7        and Private Security Act of 1983.
 8             4.  The  Secretary of State may furnish without fee,
 9        upon the written request of a law enforcement agency, any
10        information from a  driver's  record  on  file  with  the
11        Secretary  of  State when such information is required in
12        the enforcement of this Code or any other law relating to
13        the operation of motor  vehicles,  including  records  of
14        dispositions; documented information involving the use of
15        a   motor   vehicle;  whether  such  individual  has,  or
16        previously had, a driver's license; and the  address  and
17        personal   description  as  reflected  on  said  driver's
18        record.
19             5.  Except as otherwise provided  in  this  Section,
20        the   Secretary   of  State  may  furnish,  without  fee,
21        information from an individual driver's record  on  file,
22        if  a written request therefor is submitted by any public
23        transit  system  or  authority,  public   defender,   law
24        enforcement  agency,  a  state  or  federal agency, or an
25        Illinois  local  intergovernmental  association,  if  the
26        request is for the  purpose  of  a  background  check  of
27        applicants  for employment with the requesting agency, or
28        for the purpose of an official investigation conducted by
29        the agency, or to determine a  current  address  for  the
30        driver  so  public  funds can be recovered or paid to the
31        driver, or for any other lawful purpose.
32             The Secretary may also furnish the courts a copy  of
33        an abstract of a driver's record, without fee, subsequent
34        to  an  arrest  for  a  violation  of Section 11-501 or a
 
SB745 Engrossed             -1153-             LRB9101253EGfg
 1        similar provision of a local  ordinance.   Such  abstract
 2        may   include   records   of   dispositions;   documented
 3        information  involving  the  use  of  a  motor vehicle as
 4        contained in the current file;  whether  such  individual
 5        has,  or  previously  had,  a  driver's  license; and the
 6        address and personal description  as  reflected  on  said
 7        driver's record.
 8             6.  Any  certified  abstract issued by the Secretary
 9        of State or transmitted electronically by  the  Secretary
10        of  State  pursuant  to  this  Section,  to a court or on
11        request of a law enforcement agency, for the record of  a
12        named  person  as  to the status of the person's driver's
13        license shall  be  prima  facie  evidence  of  the  facts
14        therein stated and if the name appearing in such abstract
15        is  the  same as that of a person named in an information
16        or warrant, such abstract shall be prima  facie  evidence
17        that  the  person named in such information or warrant is
18        the same person as the person named in such abstract  and
19        shall  be  admissible for any prosecution under this Code
20        and be admitted as proof of any prior conviction or proof
21        of records, notices, or  orders  recorded  on  individual
22        driving records maintained by the Secretary of State.
23             7.  Subject  to  any  restrictions  contained in the
24        Juvenile Court Act of 1987, and upon receipt of a  proper
25        request  and  a  fee  of $5, the Secretary of State shall
26        provide a driver's record to the affected driver, or  the
27        affected  driver's  attorney,  upon  verification.   Such
28        record  shall  contain all the information referred to in
29        paragraph 1 of this subsection  (g)  plus:  any  recorded
30        accident  involvement  as  a driver; information recorded
31        pursuant to subsection (e) of Section 6-117 and paragraph
32        4 of subsection (a) of Section 6-204 of this  Code.   All
33        other  information,  unless  otherwise  permitted by this
34        Code, shall remain confidential.
 
SB745 Engrossed             -1154-             LRB9101253EGfg
 1        (h)  The Secretary shall  not  disclose  social  security
 2    numbers  except pursuant to a written request by, or with the
 3    prior written consent of, the individual except  to:  (1)  to
 4    officers  and  employees  of the Secretary who have a need to
 5    know the social security  numbers  in  performance  of  their
 6    official  duties,  (2)  to  law  enforcement  officials for a
 7    lawful, civil or criminal law enforcement investigation,  and
 8    if  the head of the law enforcement agency has made a written
 9    request to  the  Secretary  specifying  the  law  enforcement
10    investigation for which the social security numbers are being
11    sought,    (3)   to   the   United   States   Department   of
12    Transportation,  or  any  other  State,   pursuant   to   the
13    administration   and  enforcement  of  the  Commercial  Motor
14    Vehicle Safety Act of 1986, (4)  pursuant to the order  of  a
15    court  of competent jurisdiction, or (5) to the Department of
16    Public Aid for utilization in the child  support  enforcement
17    duties  assigned  to  that Department under provisions of the
18    Public Aid Code after the individual  has  received  advanced
19    meaningful notification of what redisclosure is sought by the
20    Secretary   in  accordance  with  the  federal  Privacy  Act;
21    provided, the redisclosure shall not  be  authorized  by  the
22    Secretary prior to September 30, 1992.
23        (i)  The  Secretary  of  State is empowered to promulgate
24    rules and regulations to effectuate this Section.
25        (j)  Medical statements or medical  reports  received  in
26    the  Secretary  of  State's Office shall be confidential.  No
27    confidential information may be open to public inspection  or
28    the   contents  disclosed  to  anyone,  except  officers  and
29    employees of the Secretary  who  have  a  need  to  know  the
30    information  contained  in the medical reports and the Driver
31    License Medical Advisory Board,  unless  so  directed  by  an
32    order of a court of competent jurisdiction.
33        (k)  All  fees collected under this Section shall be paid
34    into the Road Fund of the State Treasury, except that  $3  of
 
SB745 Engrossed             -1155-             LRB9101253EGfg
 1    the  $5  fee  for  a  driver's  record shall be paid into the
 2    Secretary of State Special Services Fund.
 3        (l)  The   Secretary   of   State   shall   report    his
 4    recommendations  to  the General Assembly by January 1, 1993,
 5    regarding the  sale  and  dissemination  of  the  information
 6    maintained  by  the Secretary, including the sale of lists of
 7    driver and vehicle records.
 8        (m)  Notations  of  accident  involvement  that  may   be
 9    disclosed  under  this  Section  shall  not include notations
10    relating to damage to  a  vehicle  or  other  property  being
11    transported  by  a  tow truck.  This information shall remain
12    confidential, provided that nothing in  this  subsection  (m)
13    shall  limit  disclosure  of  any  notification  of  accident
14    involvement to any law enforcement agency or official.
15        (n)  Requests   made  by  the  news  media  for  driver's
16    license, vehicle, or title registration  information  may  be
17    furnished   without   charge  or  at  a  reduced  charge,  as
18    determined by the Secretary, when the  specific  purpose  for
19    requesting  the  documents  is  deemed  to  be  in the public
20    interest.  Waiver or reduction of the fee is  in  the  public
21    interest if the principal purpose of the request is to access
22    and disseminate information regarding the health, safety, and
23    welfare  or the legal rights of the general public and is not
24    for the principal purpose of gaining a personal or commercial
25    benefit.
26    (Source: P.A. 89-503,  eff.  7-1-96;  90-144,  eff.  7-23-97;
27    90-330,  eff.  8-8-97;  90-400,  eff.  8-15-97;  90-655, eff.
28    7-30-98; revised 1-30-99.)

29        (625 ILCS 5/3-100) (from Ch. 95 1/2, par. 3-100)
30        Sec. 3-100.  Definition Definitions. For the purposes  of
31    this  Chapter,  "owner"  means the following words shall have
32    the meanings ascribed to them as follows: Owner. a person who
33    holds legal document of ownership of a vehicle, limited to  a
 
SB745 Engrossed             -1156-             LRB9101253EGfg
 1    certificate   of   origin,   certificate  of  title,  salvage
 2    certificate, or junking certificate. However, Or in the event
 3    a vehicle is the subject of an agreement for the  conditional
 4    sale  or  lease  thereof  with  the  right  of  purchase upon
 5    performance of the conditions stated  in  the  agreement  and
 6    with   an   immediate  right  of  possession  vested  in  the
 7    conditional vendee or lessee, or in the event a mortgagor  of
 8    such vehicle is entitled to possession, then such conditional
 9    vendee  or  lessee or mortgagor shall be deemed the owner for
10    the  purpose  of  this  Chapter,  except  as  provided  under
11    paragraph (c) of (b) Section 3-118.
12    (Source: P.A. 83-831; revised 10-31-98.)

13        (625 ILCS 5/3-112.1) (from Ch. 95 1/2, par. 3-112.1)
14        Sec. 3-112.1.  (a) All titles issued by the Secretary  of
15    State  beginning January, 1990, shall provide for an odometer
16    certification substantially as follows:
17        "I certify to the best of my knowledge that the  odometer
18    reading  is  and  reflects  the actual mileage of the vehicle
19    unless one of the following statements is checked.
20                                              ...................
21        (  )  1.   The  mileage  stated  is  in  excess  of   its
22    mechanical limits.
23        (  )  2.  The odometer reading is not the actual mileage.
24    Warning - Odometer Discrepancy."
25        (b)  When  executing any transfer of title which contains
26    the odometer certification  as  described  in  paragraph  (a)
27    above,  each transferor of a motor vehicle must supply on the
28    title form the following information:
29             (1)  The odometer reading at the  time  of  transfer
30        and  an  indication  if  the  mileage is in excess of its
31        mechanical limits or if it is not the actual mileage;
32             (2)  The date of transfer;
33             (3)  The transferor's printed  name  and  signature;
 
SB745 Engrossed             -1157-             LRB9101253EGfg
 1        and
 2             (4)  The transferee's printed name and address.
 3        (c)  The   transferee   must   sign  on  the  title  form
 4    indicating  that  he  or  she  is  aware  of   the   odometer
 5    certification made by the transferor.
 6        (d)  The  transferor will not be required to disclose the
 7    current odometer reading and the transferee will not have  to
 8    acknowledge    such    disclosure    under    the   following
 9    circumstances:
10             (1)  A vehicle having a Gross Vehicle Weight  Rating
11        of more than 16,000 pounds;
12             (2)  A vehicle that is not self-propelled;
13             (3)  A vehicle that is 10 years old or older;
14             (4)  A  vehicle sold directly by the manufacturer to
15        any agency of the United States; and
16             (5)  A vehicle manufactured without an odometer.
17        (e)  When the transferor signs the  title  transfer  such
18    transferor  acknowledges that he or she is aware that Federal
19    regulations and State law require him or  her  to  state  the
20    odometer  mileage  upon transfer of ownership.  An inaccurate
21    or untruthful statement with intent to defraud  subjects  the
22    transferor   to  liability  for  damages  to  the  transferee
23    pursuant to the federal Motor Vehicle  Information  and  Cost
24    Act  of  1972,  P.L.  92-513  as  amended by P.L. 94-364.  No
25    transferor shall be liable for damages as provided under this
26    Section who transfers title to a motor vehicle which  has  an
27    odometer  reading that has been altered or tampered with by a
28    previous owner, unless that transferor knew or had reason  to
29    know  of  such  alteration or tampering and sold such vehicle
30    with an intent to defraud.   A  cause  of  action  is  hereby
31    created  by  which  any  person  who, with intent to defraud,
32    violates any requirement imposed under this Section shall  be
33    liable in an amount equal to the sum of:
34             (1)  three   times  the  amount  of  actual  damages
 
SB745 Engrossed             -1158-             LRB9101253EGfg
 1        sustained or $1,500, whichever is the greater; and
 2             (2)  in the case of any successful action to enforce
 3        the foregoing liability, the costs of the action together
 4        with reasonable attorney fees as determined by the court.
 5        Any recovery based  on  a  cause  of  action  under  this
 6    Section  shall be offset by any recovery made pursuant to the
 7    federal Motor Vehicle Information and Cost Act of 1972.
 8        (f)  The provisions of this Section shall  not  apply  to
 9    any motorcycle, motor driven cycle, moped or antique vehicle.
10        (g)  The   Secretary   of  State,  may  adopt  rules  and
11    regulations  providing  for  a  transition  period  for   all
12    non-conforming titles.
13    (Source: P.A. 88-415; revised 10-31-98.)

14        (625 ILCS 5/3-602) (from Ch. 95 1/2, par. 3-602)
15        Sec.  3-602.  Certificate and special plates for dealers,
16    manufacturers, and transporters.
17        (a) Any dealer, manufacturer,  or  transporter  may  make
18    application  to  the  Secretary of State upon the appropriate
19    form for a certificate containing  a  general  distinguishing
20    number  and  for  one  or  more  sets  of  special  plates as
21    appropriate  to  various  types  of   vehicles   subject   to
22    registration hereunder. The applicant shall submit such proof
23    of  his or her status as a bona fide dealer, manufacturer, or
24    transporter as may be reasonably required by the Secretary of
25    State.
26        (b)  The Secretary  of  State,  upon  granting  any  such
27    application,  shall  issue  to  the  applicant  a certificate
28    containing the  applicant's  name  and  address  and  special
29    plates  as  applied  for.   Both the certificates and special
30    plates  shall  display  the  general  distinguishing   number
31    assigned to the applicant.
32        (c)  The Secretary of State shall issue special plates to
33    dealers  and  manufacturers  in accordance with the following
 
SB745 Engrossed             -1159-             LRB9101253EGfg
 1    formula:
 2    number vehicles     maximum number sets     maximum number
 3    sold in previous     of special plates     additional sets
 4    calendar year        issued at fee set      issued at fee
 5                           by Sec. 3-810      set by Sec. 3-806
 6    0                            0                     0
 7    1-10                         1                     1
 8    11-25                        2                     2
 9    26-100                       8                     8
10    101-250                     12                    12
11    251-500                     20                    20
12    501-750                     30                    30
13    751-1000                    40                    40
14    1001-1500                   50                    50
15    1501-2000                   60                    60
16    2001-2500                   70                    70
17    2501+                       90                    90
18        For those Dealers with annual sales  over  2501,  special
19    plates  will  be  allocated  based on 10 sets of plates under
20    each section for each additional 500 vehicles sold.
21        The limit on the maximum number of additional sets issued
22    to manufacturers at the fee  set  by  Section  3-806  may  be
23    lifted at the discretion of the Secretary of State.
24        The Secretary shall issue to a new dealer or manufacturer
25    not  more  than 8 sets of special plates at each fee.  If the
26    new dealer or manufacturer has acquired his or  her  business
27    from  a  previous  dealer  or  manufacturer, he or she may be
28    issued a number of sets based upon  the  number  of  vehicles
29    sold  in the previous calendar year by the previous dealer or
30    manufacturer.  If the  new  dealer  or  manufacturer  was  in
31    business  for  only a part of the previous calendar year, the
32    number of special plates to which he or she is  entitled  may
33    be  extrapolated  from  the number of vehicles he or she sold
34    during that part of the year.
 
SB745 Engrossed             -1160-             LRB9101253EGfg
 1        (d)  Any manufacturer of engine and driveline  components
 2    may  apply to the Secretary of State for a license to operate
 3    vehicles in which such components are installed on the public
 4    highways of  the  State  for  the  purpose  of  testing  such
 5    components. The application shall describe the components and
 6    the  vehicles  in which they are installed, and shall contain
 7    such additional information as the Secretary shall prescribe.
 8    Upon receipt of an application and  an  accompanying  fee  of
 9    $1000,  the  Secretary shall issue to the applicant a license
10    for the entire test period of the components described in the
11    application.
12        Every licensee  shall  keep  a  record  of  each  vehicle
13    operated under such license which shall be open to inspection
14    by   the  Secretary  or  his  authorized  representative  for
15    inspection at any reasonable time during the day or night.
16        The license of a manufacturer  of  engine  and  driveline
17    components  may  be  denied,  revoked  or  suspended  if  the
18    Secretary finds that the manufacturer has:
19             (1)  violated this Code;
20             (2)  made  any  material  misrepresentation  to  the
21        Secretary  of State in connection with an application for
22        a license; or
23             (3)  failed to produce for the  Secretary  of  State
24        any record required to be produced by this Code.
25        This  amendatory  Act  of 1983 shall be applicable to the
26    1984 registration year and thereafter.
27    (Source: P.A. 86-444; revised 10-31-98.)

28        (625 ILCS 5/3-643)
29        Sec. 3-643.  Mammogram license plates.
30        (a)  The Secretary, upon receipt of an  application  made
31    in  the  form  prescribed by the Secretary, may issue special
32    registration plates designated as Mammogram  license  plates.
33    The special plates issued under this Section shall be affixed
 
SB745 Engrossed             -1161-             LRB9101253EGfg
 1    only  to  passenger  vehicles of the first division and motor
 2    vehicles of the second division weighing not more than  8,000
 3    pounds.   Plates  issued  under  this  Section  shall  expire
 4    according  to the multi-year procedure established by Section
 5    3-414.1 of this Code.
 6        (b)  The design and color of the plates is wholly  within
 7    the  discretion  of  the Secretary, except that the following
 8    phrases shall be on the plates: (i) "Mammograms  Save  Lives"
 9    and  (ii) "The Susan G. Komen Foundation".  The Secretary may
10    allow  the  plates  to  be  issued  as   vanity   plates   or
11    personalized   under   Section  3-405.1  of  the  Code.   The
12    Secretary shall prescribe  stickers  or  decals  as  provided
13    under Section 3-412 of this Code.
14        (c)  An  applicant for the special plate shall be charged
15    a  $25  fee  for  original  issuance  in  addition   to   the
16    appropriate  registration  fee.   Of  this  fee, $10 shall be
17    deposited into the Mammogram Fund and $15 shall be  deposited
18    into the Secretary of State Special License Plate Fund, to be
19    used  by  the  Secretary  to  help  defray the administrative
20    processing costs.
21        For each registration  renewal  period,  a  $25  fee,  in
22    addition  to  the  appropriate  registration  fee,  shall  be
23    charged.   Of  this  fee,  $23  shall  be  deposited into the
24    Mammogram Fund and $2 shall be deposited into  the  Secretary
25    of State Special License Plate Fund.
26        (d)  The  Mammogram  Fund is created as a special fund in
27    the State treasury.  All money in the Mammogram Fund shall be
28    paid, subject to appropriation by the  General  Assembly  and
29    approval  by  the  Secretary, as grants to the Susan G. Komen
30    Foundation for breast cancer research, education,  screening,
31    and treatment.
32    (Source: P.A. 90-675, eff. 1-1-99.)

33        (625 ILCS 5/3-644)
 
SB745 Engrossed             -1162-             LRB9101253EGfg
 1        Sec.  3-644.  3-643.  Police  Memorial  Committee license
 2    plates.
 3        (a)  The Secretary, upon receipt of an  application  made
 4    in  the  form  prescribed by the Secretary, may issue special
 5    registration plates designated as Police  Memorial  Committee
 6    license plates.  The special plates issued under this Section
 7    shall  be  affixed  only  to  passenger vehicles of the first
 8    division and motor vehicles of the second  division  weighing
 9    not more than 8,000 pounds.  Plates issued under this Section
10    shall   expire   according   to   the   multi-year  procedure
11    established by Section 3-414.1 of this Code.
12        (b)  The design and color of the plates is wholly  within
13    the discretion of the Secretary.  The Secretary may allow the
14    plates  to  be  issued as vanity plates or personalized under
15    Section 3-405.1 of the Code.  The Secretary  shall  prescribe
16    stickers  or  decals  as provided under Section 3-412 of this
17    Code.
18        (c)  An applicant for the special plate shall be  charged
19    a   $25   fee  for  original  issuance  in  addition  to  the
20    appropriate registration fee.  Of  this  fee,  $10  shall  be
21    deposited  into  the  Police  Memorial Committee Fund and $15
22    shall be  deposited  into  the  Secretary  of  State  Special
23    License  Plate  Fund,  to  be  used  by the Secretary to help
24    defray the administrative processing costs.
25        For each registration  renewal  period,  a  $25  fee,  in
26    addition  to  the  appropriate  registration  fee,  shall  be
27    charged.  Of this fee, $23 shall be deposited into the Police
28    Memorial  Committee  Fund  and $2 shall be deposited into the
29    Secretary of State Special License Plate Fund.
30        (d)  The Police Memorial Committee Fund is created  as  a
31    special  fund in the State treasury.  All money in the Police
32    Memorial  Committee  Fund   shall   be   paid,   subject   to
33    appropriation  by  the  General  Assembly and approval by the
34    Secretary, as grants to the  Police  Memorial  Committee  for
 
SB745 Engrossed             -1163-             LRB9101253EGfg
 1    maintaining  a  memorial  statue,  holding an annual memorial
 2    commemoration, and giving scholarships to children of  police
 3    officers killed in the line of duty.
 4    (Source: P.A. 90-729, eff. 1-1-99; revised 9-23-98.)

 5        (625 ILCS 5/3-816) (from Ch. 95 1/2, par. 3-816)
 6        Sec. 3-816.  Installment Payments.
 7        (a)  The  flat  weight tax required to be paid by Section
 8    3-815 for any vehicles on a calendar year basis may  be  paid
 9    if the owner so elects, in equal semi-annual installments due
10    on  January  1  and July 1 of each licensing year.  Effective
11    with the 1984 registration year the  owners  of  semitrailers
12    registered  under  Section  3-814  shall  have  the option of
13    paying the designated fees to the Secretary in the  following
14    manner:
15        If  registered in the first year the owner shall have the
16    option of paying $30 the first year and the remaining $30  by
17    the start of the second year;
18        If registered in the second year the owner shall have the
19    option  of paying $24 the first year and the remaining $24 by
20    the start of the third year;
21        If registered in the third year the owner shall  pay  $36
22    for each semitrailer;
23        If  registered in the fourth year the owner shall pay $24
24    for each semitrailer; and
25        If registered in the fifth year the owner shall  pay  $12
26    for each semitrailer.
27    Every  such  owner  who  elects  to  pay  such  tax  in  such
28    installments  shall file with the Secretary of State a surety
29    bond or certificate of deposit, as hereinafter  provided,  in
30    the  amount  of the sum of the second installment of taxes on
31    his vehicle.
32        Such bond shall be in the form approved by the  Secretary
33    of State and with a surety company approved by the Department
 
SB745 Engrossed             -1164-             LRB9101253EGfg
 1    of  Insurance  to transact business in this State, as surety,
 2    and shall be conditioned upon  such  owner's  paying  to  the
 3    State  of  Illinois  all monies becoming due by reason of his
 4    operation of the second division motor vehicle in this State,
 5    together with all penalties and interest thereon.
 6        The State Treasurer shall issue a certificate of  deposit
 7    to  any  such  owner  who  deposits  with the State Treasurer
 8    securities of the Federal Government or the State of Illinois
 9    endorsed in blank by such owner, or a certificate of  deposit
10    issued by any bank or savings and loan association authorized
11    to do business in Illinois, payable to the Secretary of State
12    on  or  after  July  1  of  the  year  of registration.  Such
13    certificate of deposit and securities shall  be  approved  by
14    and  deposited  with  the  State  Treasurer, and shall have a
15    current market value in the total amount  which  would  cover
16    all  monies becoming due and payable to the State of Illinois
17    by reason of his operation of a second division motor vehicle
18    in this State,  together  with  all  penalties  and  interest
19    thereon.
20        The  liability  of the surety hereunder shall be absolute
21    and upon notice from the Secretary of State that  the  second
22    installment has not been paid on July 1 of any licensing year
23    the  surety  shall  immediately pay the second installment to
24    the Secretary of State.
25        Upon notice by the Secretary of  State  that  the  second
26    installment of such owner's taxes has not been paid on July 1
27    of  any  licensing  year, the State Treasurer shall sell such
28    securities and deliver the proceeds thereof to the  Secretary
29    of State to satisfy all monies becoming due by reason of such
30    owner's  operation of a second division motor vehicle in this
31    State, together with all penalties and interest thereon.
32        If the owner's liability for the  second  installment  is
33    evidenced   by  a  certificate  of  deposit  payable  to  the
34    Secretary of  State,  the  Secretary  of  State  shall,  upon
 
SB745 Engrossed             -1165-             LRB9101253EGfg
 1    failure of the owner to pay the second installment by July 1,
 2    endorse the certificate of deposit which is in the custody of
 3    the State Treasurer, and thereafter the State Treasurer shall
 4    present  the certificate of deposit for payment to the proper
 5    bank or  savings  and  loan  association.   Upon  receipt  of
 6    payment,  the  State Treasurer shall forward to the Secretary
 7    of State all monies due by reason of such  owner's  operation
 8    of  a second division motor vehicle in this State, and return
 9    the excess,  if  any,  to  the  owner  on  whose  behalf  the
10    certificate of deposit was previously deposited.
11        The  State  Treasurer shall return securities or proceeds
12    in excess of that needed to satisfy the  Secretary  of  State
13    for  all  monies  becoming  due  by  reason  of  such owner's
14    operation of a second division motor vehicle in  this  State,
15    together with all penalties and interest thereon. Upon notice
16    by  the  Secretary  of  State that the second installment has
17    been paid, the State Treasurer shall return such  certificate
18    of  deposit  or  securities  deposited  with  him  under this
19    Section to the owner thereof.
20        (b)  The flat weight tax required by Section 3-815 to  be
21    paid  on  a  fiscal  year  basis may be paid, if the owner so
22    elects, in equal semi-annual installments due on July 1st and
23    January 1st of each registration year.   From  July  1,  1983
24    through November 30 31, 1983, the flat weight tax required by
25    Section  3-814  for  semitrailers  previously registered on a
26    fiscal year basis may be paid, if the  owner  so  elects,  by
27    paying the Secretary of State $33 at the time of registration
28    and  the remaining $25 by January 1, 1985 for each 5 1/2 year
29    semitrailer plate.  Every such owner who elects to  pay  such
30    tax  in  such  installments  shall file with the Secretary of
31    State a surety bond or certificate of deposit, as hereinafter
32    provided, in the amount of the sum of the second  installment
33    of taxes on his vehicle.
34        Such  bond shall be in the form approved by the Secretary
 
SB745 Engrossed             -1166-             LRB9101253EGfg
 1    of State and with a surety company approved by the Department
 2    of Insurance to transact business in this State,  as  surety,
 3    and  shall  be  conditioned  upon  such owner's paying to the
 4    State of Illinois all monies becoming due by  reason  of  his
 5    operation of the second division motor vehicle in this State,
 6    together with all penalties and interest thereon.
 7        The  liability  of the surety hereunder shall be absolute
 8    and upon notice from the Secretary of State that  the  second
 9    installment   has  not  been  paid  on  January  1st  of  any
10    registration year the surety shall immediately pay the second
11    installment to the Secretary of State.
12        Upon notice by the Secretary of  State  that  the  second
13    installment  of  such  owner's  taxes  has  not  been paid on
14    January 1st of any registration  year,  the  State  Treasurer
15    shall  sell  such securities and deliver the proceeds thereof
16    to the Secretary of State to satisfy all monies becoming  due
17    by  reason  of  such  owner's  operation of a second division
18    motor vehicle in this State, together with all penalties  and
19    interest thereon.
20        If  the  owner's  liability for the second installment is
21    evidenced  by  a  certificate  of  deposit  payable  to   the
22    Secretary  of  State,  the  Secretary  of  State  shall, upon
23    failure of the owner to pay the second installment by January
24    1st, endorse the certificate  of  deposit  which  is  in  the
25    custody  of  the  State  Treasurer,  and thereafter the State
26    Treasurer  shall  present  the  certificate  of  deposit  for
27    payment to the proper bank or savings and  loan  association.
28    Upon receipt of payment, the State Treasurer shall forward to
29    the  Secretary  of  State  all  monies  due by reason of such
30    owner's operation of a second division motor vehicle in  this
31    State,  and  return the excess, if any, to the owner on whose
32    behalf the certificate of deposit was previously deposited.
33        The State Treasurer shall return securities  or  proceeds
34    in  excess  of  that needed to satisfy the Secretary of State
 
SB745 Engrossed             -1167-             LRB9101253EGfg
 1    for all  monies  becoming  due  by  reason  of  such  owner's
 2    operation  of  a second division motor vehicle in this State,
 3    together with all penalties and interest thereon. Upon notice
 4    by the Secretary of State that  the  second  installment  has
 5    been  paid, the State Treasurer shall return such certificate
 6    of deposit  or  securities  deposited  with  him  under  this
 7    Section to the owner thereof.
 8        (c)  The flat weight tax required under Section 3-815 for
 9    vehicles registered in accordance with Section 3-402.1 may be
10    paid,  if the owner elects, in equal semi-annual installments
11    due on April 1 and October 1 of each licensing year.
12        (d)  In  the  event  any  surety  pays  for  any   second
13    installment   under  this  Section,  the  surety  shall  have
14    recourse only against the principal and owner of the vehicles
15    involved and shall have  no  right  or  privilege  to  demand
16    revocation  or  suspension  of  the  registration  plates  or
17    registration  stickers of the vehicles involved.  Such surety
18    may, however, impress a lien as provided in Section 3-828.
19    (Source: P.A. 87-1041; revised 10-31-98.)

20        (625 ILCS 5/4-304) (from Ch. 95 1/2, par. 4-304)
21        Sec. 4-304.  Implementation and administration of policy.
22    The Board shall consider  and  adopt  such  programs  as  are
23    designed   to   implement   and   administer   the   policies
24    hereinbefore expressed and within the appropriations provided
25    for by the General Assembly.
26        In  adopting  such  programs,  the  Board shall take into
27    consideration the programs of the federal government  in  the
28    same  field,  so as to assure full coordination therewith and
29    that the State of Illinois does not duplicate federal actions
30    and programs. The programs to  be  considered  by  the  Board
31    shall in addition be designed to:
32             1.  Effect   the   efficient  removal  of  abandoned
33        vehicles from the highways, streets, roads, other  public
 
SB745 Engrossed             -1168-             LRB9101253EGfg
 1        property,   as  well  as  from  private  property  within
 2        Illinois.;
 3             2.  Effect the efficient removal  of  abandoned  and
 4        derelict  vehicles  from  private  property to be junked,
 5        salvaged, recycled, or reclaimed, to wrecking,  recycling
 6        or salvaging facilities, or to a temporary impoundment or
 7        area collection center.;
 8             3.  Effect  efficient  recycling or scrap processing
 9        of retired vehicles and the salvaging of usable parts.;
10             4.  Permit the restoration of antique  and  historic
11        vehicles by private persons or agencies.;
12             5.  Work  with  other  State  agencies to effect the
13        efficient and effective recycling  of  solid  and  liquid
14        motor  vehicle  waste, including motor vehicle drain oil,
15        derived in the recycling of a motor vehicle.
16             6.  Recoup the costs  of  removal  and  disposal  of
17        abandoned and derelict vehicles from vehicle owners, land
18        owners  and  persons who abandon or discard such vehicles
19        and from other suitable sources.
20             7.  Promote and publicize individual  responsibility
21        of vehicle owners for their personal disposal of unwanted
22        and   discarded   vehicles   and   develop  an  effective
23        promotional campaign  to  show  owners  how  to  properly
24        dispose  of  such vehicles; and the legal consequences of
25        not doing so.
26             8.  Provide  State   coordination,   expertise   and
27        assistance  to  all local units of government, as needed,
28        seeking legislative remedy where  appropriate  regarding:
29        vehicle  detitling  procedure;  impoundment time periods;
30        the legal restrictions   unnecessarily  delaying  vehicle
31        disposal;  and,  to  promote  and advance the technology,
32        growth and development of the legitimate  auto  recycling
33        industry  to  the  end that this industry can effectively
34        recycle all vehicles annually retired and accumulated  in
 
SB745 Engrossed             -1169-             LRB9101253EGfg
 1        Illinois  with  a minimum of assistance from the State or
 2        its subdivisions.
 3        The Board  is  empowered  to  negotiate  and  enter  into
 4    reciprocal agreements with other states and State and federal
 5    agencies,  in  furtherance  of the provisions of this Act, as
 6    amended; provided, however, that no such reciprocal agreement
 7    may be entered into without the approval and authorization of
 8    the State body legally required to approve such agreements.
 9        The Board shall make rules, regulations and by-laws,  not
10    inconsistent with this Act or any other law of this State, as
11    to   its   own   organization   and   conduct   and  for  the
12    implementation and administration of this Act.
13        The Board is further empowered to enter into an agreement
14    with any State agency represented on the Board, to carry  out
15    the  administration  of  the  abandoned  and derelict vehicle
16    abatement program of  the  Board,  and  to  make  such  funds
17    available  as  may  be  found  necessary  by  the  Board,  as
18    appropriated by the General Assembly.
19    (Source: P.A. 90-655, eff. 7-30-98; revised 10-31-98.)

20        (625 ILCS 5/5-102.1) (from Ch. 95 1/2, par. 5-102.1)
21        Sec.   5-102.1.  Permits   for   off   site   sales   and
22    exhibitions.
23        (a)  A licensed new or used motor vehicle dealer licensed
24    under Section 5-101 or 5-102 shall not engage in any off site
25    sale  without an off site sale permit issued by the Secretary
26    under this Section.
27        The Secretary shall issue an off site sale  permit  to  a
28    dealer if:
29             (1)  an  application  therefor  is  received  by the
30        Secretary prior to the beginning date of the proposed off
31        site sale, accompanied by a fee of $25;
32             (2)  the applicant is a licensed new vehicle  dealer
33        or used vehicle dealer in good standing; and
 
SB745 Engrossed             -1170-             LRB9101253EGfg
 1             (3)  the  Secretary determines that the proposed off
 2        site sale will conform with the requirements  imposed  by
 3        law.
 4        However,  in  no  event  shall an off site sale permit be
 5    issued to any licensed new or used vehicle dealer for any off
 6    site sale to be  conducted  outside  that  dealer's  relevant
 7    market  area, as that term is defined in this Chapter, except
 8    that this restriction shall not apply to off  site  sales  of
 9    motor homes or recreational vehicles.
10        The  provisions  of  this  subsection  shall not apply to
11    self-contained motor homes, mini motor  homes,  van  campers,
12    and  recreational  trailers,  including trailers designed and
13    used to transport vessels or watercraft.
14        An off site sale permit does not authorize  the  sale  of
15    vehicles on a Sunday.
16        (b)  Only  a  new  or  used vehicle dealer licensed under
17    Section  5-101  or  5-102  may  participate  in   a   display
18    exhibition  and  shall  obtain  a  display  exhibition permit
19    issued by the Secretary under this Section.
20        The Secretary shall issue a display exhibition permit  to
21    a dealer if:
22             (1)  an  application  therefor  is  received  by the
23        Secretary prior to the beginning  date  of  the  proposed
24        exhibition, accompanied by a fee of $10;
25             (2)  the  applicant is a licensed new vehicle dealer
26        or used vehicle dealer in good standing; and
27             (3)  the  Secretary  determines  that  the  proposed
28        exhibition will conform with the requirements imposed  by
29        law.
30        A  display  exhibition permit shall be valid for a period
31    of no longer than 30 days.
32        (c)  A licensed new or used motor  vehicle  dealer  under
33    Section  5-101  or  5-102,  or any other person as defined in
34    this Section, may participate in a trade show exhibition  and
 
SB745 Engrossed             -1171-             LRB9101253EGfg
 1    must  obtain  a  trade  show  exhibition permit issued by the
 2    Secretary under this Section.
 3        The Secretary shall issue a trade show exhibition  permit
 4    if:
 5             (1)  an  application  is  received  by the Secretary
 6        before the beginning date  of  the  proposed  trade  show
 7        exhibition, accompanied by a fee of $10;
 8             (2)  the  applicant is a licensed new vehicle dealer
 9        or used vehicle dealer in good standing; and
10             (3)  the  Secretary  determines  that  the  proposed
11        trade show exhibition shall conform with the requirements
12        imposed by law.
13        A trade show exhibition  permit  shall  be  valid  for  a
14    period of no longer than 30 days.
15        The  provisions  of  this  subsection  shall not apply to
16    self-contained motor homes, mini motor  homes,  van  campers,
17    and  recreational  trailers,  including trailers designed and
18    used to transport vessels or watercraft.
19        The term "any  other  person"  shall  mean  new  or  used
20    vehicle dealers licensed by other states; provided however, a
21    trade   show   exhibition  of  new  vehicles  shall  only  be
22    participated in by licensed new vehicle dealers, at  least  2
23    of which must be licensed under Section 5-101.
24        (d)  An  Illinois  or  out-of-state  licensed new or used
25    trailer dealer, manufactured home dealer, motor home  dealer,
26    mini motor home dealer, or van camper dealer shall not engage
27    in  any  off site sale or trade show exhibition without first
28    acquiring  a  permit  issued  by  the  Secretary  under  this
29    subsection. However, the provisions of this Section shall not
30    apply to a licensed trailer dealer selling a mobile  home  or
31    manufactured housing, as defined in the Illinois Manufactured
32    Housing  and  Mobile  Home  Safety  Act,  if the manufactured
33    housing or mobile home has  utilities  permanently  attached.
34    The Secretary shall issue a permit to an Illinois dealer if:
 
SB745 Engrossed             -1172-             LRB9101253EGfg
 1             (1)  an  application  is  received  by the Secretary
 2        before the beginning date of the proposed off  site  sale
 3        or trade show exhibition, accompanied by a fee of $25;
 4             (2)  the applicant is a licensed new or used vehicle
 5        dealer in good standing; and
 6             (3)  the  Secretary determines that the proposed off
 7        site sale or trade show exhibition will conform with  the
 8        requirements imposed by law.
 9        The  Secretary  shall  issue  a permit to an out-of-state
10    dealer if the requirements of subdivisions (1), (2), and  (3)
11    of  this  subsection  (d)  are  met  and  at least 2 licensed
12    Illinois dealers will participate in the  off  site  sale  or
13    trade show exhibition.
14        A  permit  issued pursuant to this subsection shall allow
15    for the sale of vehicles at either an off site sale or  at  a
16    trade  show  exhibition.   The  permit  shall  be valid for a
17    period not to exceed 30 days.
18        (e)  The Secretary of State may  adopt  rules  regulating
19    the  conduct of off site sales and exhibitions, and governing
20    the issuance and enforcement of the permits authorized  under
21    this Section.
22    (Source: P.A.  89-235,  eff.  8-4-95;  89-551,  eff.  1-1-97;
23    90-718, eff. 1-1-99; 90-774, eff. 8-14-98; revised 9-21-98.)

24        (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
25        Sec. 6-110.  Licenses issued to drivers.
26        (a)  The   Secretary   of  State  shall  issue  to  every
27    qualifying applicant qualifying a driver's license as applied
28    for, which the license shall  bear  a  distinguishing  number
29    assigned  to  the licensee, the name, social security number,
30    zip code, date of birth, address, and a brief description  of
31    the  licensee,  and  a space where the licensee may write his
32    usual signature.
33        If the licensee is less than 17 years of age, the license
 
SB745 Engrossed             -1173-             LRB9101253EGfg
 1    shall, as a matter of law, be invalid for  the  operation  of
 2    any  motor vehicle during any time the licensee is prohibited
 3    from being on any street or highway under the  provisions  of
 4    the Child Curfew Act.
 5        Licenses  issued  shall  also indicate the classification
 6    and the restrictions under Section 6-104 of this Code.
 7        In lieu of the social security number, the Secretary  may
 8    in  his  discretion  substitute a federal tax number or other
 9    distinctive number.
10        A driver's license issued may, in the discretion  of  the
11    Secretary, include a suitable photograph of a type prescribed
12    by the Secretary.
13        (b)  The Secretary of State shall provide a format on the
14    reverse  of  each  driver's license issued which the licensee
15    may use to execute a  document  of  gift  conforming  to  the
16    provisions  of  the  Uniform  Anatomical Gift Act. The format
17    shall allow the  licensee  to  indicate  the  gift  intended,
18    whether  specific  organs, any organ, or the entire body, and
19    shall  accommodate  the  signatures  of  the  donor   and   2
20    witnesses.  The Secretary shall also inform each applicant or
21    licensee  of  this  format,  describe  the  procedure for its
22    execution, and may offer the  necessary  witnesses;  provided
23    that in so doing, the Secretary shall advise the applicant or
24    licensee  that  he or she is under no compulsion to execute a
25    document of  gift.  A  brochure  explaining  this  method  of
26    executing  an anatomical gift document shall be given to each
27    applicant  or  licensee.   The  brochure  shall  advise   the
28    applicant  or  licensee that he or she is under no compulsion
29    to execute a document of gift, and that he or she may wish to
30    consult with family, friends or clergy before doing  so.  The
31    Secretary   of   State   may  undertake  additional  efforts,
32    including education  and  awareness  activities,  to  promote
33    organ and tissue donation.
34        (c)  The  Secretary  of  State  shall  designate  on each
 
SB745 Engrossed             -1174-             LRB9101253EGfg
 1    driver's license issued a space where the licensee may  place
 2    a  sticker  or decal of the uniform size as the Secretary may
 3    specify, which sticker or decal may indicate  in  appropriate
 4    language  that  the owner of the license carries an Emergency
 5    Medical Information Card.
 6        The sticker may be  provided  by  any  person,  hospital,
 7    school, medical group, or association interested in assisting
 8    in  implementing  the Emergency Medical Information Card, but
 9    shall meet the specifications as the Secretary may by rule or
10    regulation require.
11        (d)  The Secretary  of  State  shall  designate  on  each
12    driver's  license  issued  a  space  where  the  licensee may
13    indicate his blood type and RH factor.
14        (e)  The Secretary  of  State  shall  provide  that  each
15    original  or  renewal  driver's  license issued to a licensee
16    under 21 years of age shall be  of  a  distinct  nature  from
17    those driver's licenses issued to individuals 21 years of age
18    and  older.  The  color  designated for driver's licenses for
19    licensees under 21 years of age shall be at the discretion of
20    the Secretary of State.
21        (f)  The Secretary of State  shall  inform  all  Illinois
22    licensed   commercial   motor   vehicle   operators   of  the
23    requirements of the Uniform Commercial  Driver  License  Act,
24    Article  V  of  this  Chapter,  and  shall make provisions to
25    insure that all  drivers,  seeking  to  obtain  a  commercial
26    driver's  license,  be afforded an opportunity prior to April
27    1, 1992, to obtain the license.  The Secretary is  authorized
28    to  extend  driver's  license  expiration  dates,  and assign
29    specific times, dates and locations  where  these  commercial
30    driver's tests shall be conducted.  Any applicant, regardless
31    of  the  current  expiration date of the applicant's driver's
32    license, may be subject to any assignment by  the  Secretary.
33    Failure  to comply with the Secretary's assignment may result
34    in the applicant's forfeiture of an opportunity to receive  a
 
SB745 Engrossed             -1175-             LRB9101253EGfg
 1    commercial driver's license prior to April 1, 1992.
 2        (g)  The Secretary of State shall designate on a driver's
 3    license  issued, a space where the licensee may indicate that
 4    he or she has drafted a living will in  accordance  with  the
 5    Illinois  Living  Will Act or a durable power of attorney for
 6    health care in accordance with the Illinois Power of Attorney
 7    Act.
 8        (g-1)  The Secretary of State, in his or her  discretion,
 9    may  designate  on each driver's license issued a space where
10    the licensee may place a sticker  or  decal,  issued  by  the
11    Secretary  of  State,  of  uniform  size as the Secretary may
12    specify, that shall indicate in appropriate language that the
13    owner of the license has renewed his or her driver's license.
14        (h)  A person who acts in good faith in  accordance  with
15    the  terms  of  this Section is not liable for damages in any
16    civil action  or  subject  to  prosecution  in  any  criminal
17    proceeding for his or her act.
18    (Source:  P.A.  89-569,  eff.  1-1-97;  90-191,  eff. 1-1-98;
19    revised 10-31-98.)

20        (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
21        (Text of Section before amendment by P.A. 90-622)
22        Sec. 6-118.  Fees.
23        (a)  The fee for licenses and permits under this  Article
24    is as follows:
25        Original driver's license.............................$10
26        Original or renewal driver's license
27             issued to 18, 19 and 20 year olds..................5
28        All driver's licenses for persons
29             age 69 through age 80..............................5
30        All driver's licenses for persons
31             age 81 through age 86..............................2
32        All driver's licenses for persons
33             age 87 or older....................................0
 
SB745 Engrossed             -1176-             LRB9101253EGfg
 1        Renewal driver's license (except for
 2             applicants ages 18, 19 and 20 or
 3             age 69 and older).................................10
 4        Original instruction permit issued to
 5             persons (except those age 69 and older)
 6             who do not hold or have not previously
 7             held an Illinois instruction permit or
 8             driver's license..................................20
 9        Instruction permit issued to any person
10             holding an Illinois driver's license
11             who wishes a change in classifications,
12             other than at the time of renewal..................5
13        Any instruction permit issued to a person
14             age 69 and older...................................5
15        Instruction permit issued to any person,
16             under age 69, not currently holding a
17             valid Illinois driver's license or
18             instruction permit but who has
19             previously been issued either document
20             in Illinois.......................................10
21        Restricted driving permit...............................8
22        Duplicate or corrected driver's license
23             or permit..........................................5
24        Duplicate or corrected restricted
25             driving permit.....................................5
26    SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
27             The  fees for commercial driver licenses and permits
28        under Article V shall be as follows:
29        Commercial driver's license:
30             $6 for the CDLIS/AAMVAnet Fund
31             (Commercial Driver's License Information
32             System/American Association of Motor Vehicle
33             Administrators network Trust Fund);
34             $10 for the driver's license;
 
SB745 Engrossed             -1177-             LRB9101253EGfg
 1             and $24 for the CDL:.............................$40
 2        Renewal commercial driver's license:
 3             $6 for the CDLIS/AAMVAnet Trust Fund;
 4             $10 for the driver's license; and
 5             $24 for the CDL:.................................$40
 6        Commercial driver instruction permit
 7             issued to any person holding a valid
 8             Illinois driver's license for the
 9             purpose of changing to a
10             CDL classification:  $6 for the
11             CDLIS/AAMVAnet Trust Fund; and
12             $24 for the CDL classification...................$30
13        Commercial driver instruction permit
14             issued to any person holding a valid
15             Illinois CDL for the purpose of
16             making a change in a classification,
17             endorsement or restriction........................$5
18        CDL duplicate or corrected license.....................$5
19        In order to  ensure  the  proper  implementation  of  the
20    Uniform  Commercial  Driver  License  Act,  Article V of this
21    Chapter, the Secretary of State is empowered to pro-rate  the
22    $24  fee for the commercial driver's license proportionate to
23    the expiration date  of  the  applicant's  Illinois  driver's
24    license.
25        The  fee  for  any  duplicate  license or permit shall be
26    waived for any person  age  60  or  older  who  presents  the
27    Secretary of State's office with a police report showing that
28    his license or permit was stolen.
29        No  additional  fee  shall  be  charged  for  a  driver's
30    license, or for a commercial driver's license, when issued to
31    the   holder   of   an   instruction   permit  for  the  same
32    classification or type of license who  becomes  eligible  for
33    such license.
34        (b)  Any  person  whose license or privilege to operate a
 
SB745 Engrossed             -1178-             LRB9101253EGfg
 1    motor vehicle in this State has  been  suspended  or  revoked
 2    under  any  provision  of  Chapter  6, Chapter 11, or Section
 3    7-702 of the Family  Financial  Responsibility  Law  of  this
 4    Code,  shall  in  addition to any other fees required by this
 5    Code, pay a reinstatement fee as follows:
 6        Summary suspension under Section 11-501.1.............$60
 7        Other suspension......................................$30
 8        Revocation............................................$60
 9        However, any person whose license or privilege to operate
10    a motor vehicle in this State has been suspended  or  revoked
11    for  a  second  or subsequent time for a violation of Section
12    11-501 or 11-501.1  of this Code or a similar provision of  a
13    local  ordinance  or Section 9-3 of the Criminal Code of 1961
14    and each suspension or revocation  was  for  a  violation  of
15    Section  11-501  or  11-501.1  of  this  Code  or  a  similar
16    provision of a local ordinance or Section 9-3 of the Criminal
17    Code  of  1961  shall  pay,  in  addition  to  any other fees
18    required by this Code, a reinstatement fee as follows:
19        Summary suspension under Section 11-501.1............$250
20        Revocation...........................................$250
21        (c)  All fees collected  under  the  provisions  of  this
22    Chapter  6  shall  be  paid  into  the Road Fund in the State
23    Treasury except as follows:
24             1. The following amounts  shall  be  paid  into  the
25        Driver Education Fund:
26                  (A)  $16   of  the  $20  fee  for  an  original
27             driver's instruction permit;
28                  (B)  $5 of the $10 fee for an original driver's
29             license;
30                  (C)  $5 of the $10 fee for  a  4  year  renewal
31             driver's license; and
32                  (D)  $4  of the $8 fee for a restricted driving
33             permit.
34             2. $30 of the $60 fee for reinstatement of a license
 
SB745 Engrossed             -1179-             LRB9101253EGfg
 1        summarily  suspended  under  Section  11-501.1  shall  be
 2        deposited into the Drunk and Drugged  Driving  Prevention
 3        Fund.    However, for a person whose license or privilege
 4        to operate  a  motor  vehicle  in  this  State  has  been
 5        suspended  or revoked for a second or subsequent time for
 6        a violation of Section 11-501 or 11-501.1 of this Code or
 7        Section 9-3 of the Criminal Code of  1961,  $190  of  the
 8        $250   fee  for  reinstatement  of  a  license  summarily
 9        suspended under Section 11-501.1, and $190  of  the  $250
10        fee  for  reinstatement  of  a  revoked  license shall be
11        deposited into the Drunk and Drugged  Driving  Prevention
12        Fund.
13             3. $6   of  such  original  or  renewal  fee  for  a
14        commercial driver's license  and  $6  of  the  commercial
15        driver  instruction permit fee when such permit is issued
16        to any person holding a valid Illinois driver's  license,
17        shall be paid into the CDLIS/AAMVAnet Trust Fund.
18             4.  The fee for reinstatement of a license suspended
19        under  the  Family  Financial Responsibility Law shall be
20        paid into the Family Responsibility Fund.
21    (Source:  P.A.  89-92,  eff.  7-1-96;  90-738,  eff.  1-1-99;
22    revised 9-21-98.)

23        (Text of Section after amendment by P.A. 90-622)
24        Sec. 6-118.  Fees.
25        (a)  The fee for licenses and permits under this  Article
26    is as follows:
27        Original driver's license.............................$10
28        Original or renewal driver's license
29             issued to 18, 19 and 20 year olds..................5
30        All driver's licenses for persons
31             age 69 through age 80..............................5
32        All driver's licenses for persons
33             age 81 through age 86..............................2
34        All driver's licenses for persons
 
SB745 Engrossed             -1180-             LRB9101253EGfg
 1             age 87 or older....................................0
 2        Renewal driver's license (except for
 3             applicants ages 18, 19 and 20 or
 4             age 69 and older).................................10
 5        Original instruction permit issued to
 6             persons (except those age 69 and older)
 7             who do not hold or have not previously
 8             held an Illinois instruction permit or
 9             driver's license..................................20
10        Instruction permit issued to any person
11             holding an Illinois driver's license
12             who wishes a change in classifications,
13             other than at the time of renewal..................5
14        Any instruction permit issued to a person
15             age 69 and older...................................5
16        Instruction permit issued to any person,
17             under age 69, not currently holding a
18             valid Illinois driver's license or
19             instruction permit but who has
20             previously been issued either document
21             in Illinois.......................................10
22        Restricted driving permit...............................8
23        Duplicate or corrected driver's license
24             or permit..........................................5
25        Duplicate or corrected restricted
26             driving permit.....................................5
27        Original or renewal M or L endorsement..................5
28    SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
29             The  fees for commercial driver licenses and permits
30        under Article V shall be as follows:
31        Commercial driver's license:
32             $6 for the CDLIS/AAMVAnet Fund
33             (Commercial Driver's License Information
34             System/American Association of Motor Vehicle
 
SB745 Engrossed             -1181-             LRB9101253EGfg
 1             Administrators network Trust Fund);
 2             $10 for the driver's license;
 3             and $24 for the CDL:.............................$40
 4        Renewal commercial driver's license:
 5             $6 for the CDLIS/AAMVAnet Trust Fund;
 6             $10 for the driver's license; and
 7             $24 for the CDL:.................................$40
 8        Commercial driver instruction permit
 9             issued to any person holding a valid
10             Illinois driver's license for the
11             purpose of changing to a
12             CDL classification:  $6 for the
13             CDLIS/AAMVAnet Trust Fund; and
14             $24 for the CDL classification...................$30
15        Commercial driver instruction permit
16             issued to any person holding a valid
17             Illinois CDL for the purpose of
18             making a change in a classification,
19             endorsement or restriction........................$5
20        CDL duplicate or corrected license.....................$5
21        In order to  ensure  the  proper  implementation  of  the
22    Uniform  Commercial  Driver  License  Act,  Article V of this
23    Chapter, the Secretary of State is empowered to pro-rate  the
24    $24  fee for the commercial driver's license proportionate to
25    the expiration date  of  the  applicant's  Illinois  driver's
26    license.
27        The  fee  for  any  duplicate  license or permit shall be
28    waived for any person  age  60  or  older  who  presents  the
29    Secretary of State's office with a police report showing that
30    his license or permit was stolen.
31        No  additional  fee  shall  be  charged  for  a  driver's
32    license, or for a commercial driver's license, when issued to
33    the   holder   of   an   instruction   permit  for  the  same
34    classification or type of license who  becomes  eligible  for
 
SB745 Engrossed             -1182-             LRB9101253EGfg
 1    such license.
 2        (b)  Any  person  whose license or privilege to operate a
 3    motor vehicle in this State has  been  suspended  or  revoked
 4    under  any  provision  of  Chapter  6, Chapter 11, or Section
 5    7-702 of the Family  Financial  Responsibility  Law  of  this
 6    Code,  shall  in  addition to any other fees required by this
 7    Code, pay a reinstatement fee as follows:
 8        Summary suspension under Section 11-501.1.............$60
 9        Other suspension......................................$30
10        Revocation............................................$60
11        However, any person whose license or privilege to operate
12    a motor vehicle in this State has been suspended  or  revoked
13    for  a  second  or subsequent time for a violation of Section
14    11-501 or 11-501.1  of this Code or a similar provision of  a
15    local  ordinance  or Section 9-3 of the Criminal Code of 1961
16    and each suspension or revocation  was  for  a  violation  of
17    Section  11-501  or  11-501.1  of  this  Code  or  a  similar
18    provision of a local ordinance or Section 9-3 of the Criminal
19    Code  of  1961  shall  pay,  in  addition  to  any other fees
20    required by this Code, a reinstatement fee as follows:
21        Summary suspension under Section 11-501.1............$250
22        Revocation...........................................$250
23        (c)  All fees collected  under  the  provisions  of  this
24    Chapter  6  shall  be  paid  into  the Road Fund in the State
25    Treasury except as follows:
26             1. The following amounts  shall  be  paid  into  the
27        Driver Education Fund:
28                  (A)  $16   of  the  $20  fee  for  an  original
29             driver's instruction permit;
30                  (B)  $5 of the $10 fee for an original driver's
31             license;
32                  (C)  $5 of the $10 fee for  a  4  year  renewal
33             driver's license; and
34                  (D)  $4  of the $8 fee for a restricted driving
 
SB745 Engrossed             -1183-             LRB9101253EGfg
 1             permit.
 2             2. $30 of the $60 fee for reinstatement of a license
 3        summarily  suspended  under  Section  11-501.1  shall  be
 4        deposited into the Drunk and Drugged  Driving  Prevention
 5        Fund.    However, for a person whose license or privilege
 6        to operate  a  motor  vehicle  in  this  State  has  been
 7        suspended  or revoked for a second or subsequent time for
 8        a violation of Section 11-501 or 11-501.1 of this Code or
 9        Section 9-3 of the Criminal Code of  1961,  $190  of  the
10        $250   fee  for  reinstatement  of  a  license  summarily
11        suspended under Section 11-501.1, and $190  of  the  $250
12        fee  for  reinstatement  of  a  revoked  license shall be
13        deposited into the Drunk and Drugged  Driving  Prevention
14        Fund.
15             3. $6   of  such  original  or  renewal  fee  for  a
16        commercial driver's license  and  $6  of  the  commercial
17        driver  instruction permit fee when such permit is issued
18        to any person holding a valid Illinois driver's  license,
19        shall be paid into the CDLIS/AAMVAnet Trust Fund.
20             4.  The fee for reinstatement of a license suspended
21        under  the  Family  Financial Responsibility Law shall be
22        paid into the Family Responsibility Fund.
23             5.  The $5 fee for each original or renewal M  or  L
24        endorsement  shall  be  deposited  into  the  Cycle Rider
25        Safety Training Fund.
26    (Source:  P.A.  89-92,  eff.  7-1-96;  90-622,  eff.  3-1-99;
27    90-738, eff. 1-1-99; revised 9-21-98.)

28        (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
29        Sec. 6-204.  When Court to forward License and Reports.
30        (a)  For the purpose of providing  to  the  Secretary  of
31    State  the  records  essential  to  the  performance  of  the
32    Secretary's  duties  under  this  Code  to  cancel, revoke or
33    suspend the driver's license and  privilege  to  drive  motor
 
SB745 Engrossed             -1184-             LRB9101253EGfg
 1    vehicles  of certain minors adjudicated truant minors in need
 2    of supervision, addicted, or delinquent and of persons  found
 3    guilty  of  the criminal offenses or traffic violations which
 4    this Code recognizes as evidence  relating  to  unfitness  to
 5    safely  operate  motor  vehicles,  the  following  duties are
 6    imposed upon public officials:
 7             1.  Whenever any person is convicted of any  offense
 8        for  which  this Code makes mandatory the cancellation or
 9        revocation of the driver's  license  or  permit  of  such
10        person  by the Secretary of State, the judge of the court
11        in  which  such  conviction  is  had  shall  require  the
12        surrender to the clerk  of  the  court  of  all  driver's
13        licenses or permits then held by the person so convicted,
14        and  the  clerk  of  the  court  shall,  within  10  days
15        thereafter,  forward  the same, together with a report of
16        such conviction, to the Secretary.
17             2.  Whenever any person is convicted of any  offense
18        under  this  Code  or  similar offenses under a municipal
19        ordinance, other  than  regulations  governing  standing,
20        parking   or  weights  of  vehicles,  and  excepting  the
21        following enumerated  Sections  of  this  Code:  Sections
22        11-1406   (obstruction  to  driver's  view  or  control),
23        11-1407 (improper opening of door into traffic),  11-1410
24        (coasting   on   downgrade),   11-1411   (following  fire
25        apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
26        (driving  vehicle  which  is  in  unsafe   condition   or
27        improperly   equipped),   12-201(a)  (daytime  lights  on
28        motorcycles), 12-202 (clearance, identification and  side
29        marker  lamps), 12-204 (lamp or flag on projecting load),
30        12-205 (failure to display the safety  lights  required),
31        12-401   (restrictions  as  to  tire  equipment),  12-502
32        (mirrors), 12-503 (windshields must be  unobstructed  and
33        equipped   with   wipers),   12-601  (horns  and  warning
34        devices),  12-602  (mufflers,  prevention  of  noise   or
 
SB745 Engrossed             -1185-             LRB9101253EGfg
 1        smoke),  12-603  (seat  safety  belts),  12-702  (certain
 2        vehicles  to  carry  flares  or  other  warning devices),
 3        12-703 (vehicles for oiling roads operated on  highways),
 4        12-710  (splash  guards and replacements), 13-101 (safety
 5        tests), 15-101 (size, weight and load),  15-102  (width),
 6        15-103  (height),  15-104  (name  and  address  on second
 7        division vehicles), 15-107 (length of vehicle),  15-109.1
 8        (cover or tarpaulin), 15-111 (weights), 15-112 (weights),
 9        15-301 (weights), 15-316 (weights), 15-318 (weights), and
10        also  excepting  the following enumerated Sections of the
11        Chicago Municipal Code: Sections 27-245  (following  fire
12        apparatus),   27-254  (obstruction  of  traffic),  27-258
13        (driving vehicle which is in  unsafe  condition),  27-259
14        (coasting  on downgrade), 27-264 (use of horns and signal
15        devices), 27-265 (obstruction to driver's view or  driver
16        mechanism),   27-267   (dimming  of  headlights),  27-268
17        (unattended  motor  vehicle),  27-272  (illegal   funeral
18        procession),  27-273  (funeral  procession on boulevard),
19        27-275 (driving freighthauling  vehicles  on  boulevard),
20        27-276  (stopping  and  standing  of  buses or taxicabs),
21        27-277 (cruising of public  passenger  vehicles),  27-305
22        (parallel  parking),  27-306  (diagonal  parking), 27-307
23        (parking not  to  obstruct  traffic),  27-308  (stopping,
24        standing   or   parking   regulated),   27-311   (parking
25        regulations),   27-312   (parking   regulations),  27-313
26        (parking  regulations),  27-314  (parking   regulations),
27        27-315    (parking    regulations),    27-316    (parking
28        regulations),   27-317   (parking   regulations),  27-318
29        (parking  regulations),  27-319  (parking   regulations),
30        27-320    (parking    regulations),    27-321    (parking
31        regulations),   27-322   (parking   regulations),  27-324
32        (loading and unloading at an angle),  27-333  (wheel  and
33        axle  loads),  27-334  (load restrictions in the downtown
34        district),  27-335  (load  restrictions  in   residential
 
SB745 Engrossed             -1186-             LRB9101253EGfg
 1        areas),  27-338  (width  of  vehicles), 27-339 (height of
 2        vehicles),   27-340   (length   of   vehicles),    27-352
 3        (reflectors   on  trailers),  27-353  (mufflers),  27-354
 4        (display of plates), 27-355 (display of city vehicle  tax
 5        sticker),  27-357  (identification  of  vehicles), 27-358
 6        (projecting of loads), and also excepting  the  following
 7        enumerated  paragraphs  of Section 2-201 of the Rules and
 8        Regulations of the Illinois State Toll Highway Authority:
 9        (l) (driving unsafe vehicle on  tollway),  (m)  (vehicles
10        transporting  dangerous cargo not properly indicated), it
11        shall be the duty of the clerk of the court in which such
12        conviction is had within 10 days thereafter to forward to
13        the Secretary of State a report of the conviction and the
14        court  may  recommend  the  suspension  of  the  driver's
15        license or permit of the person so convicted.
16        The reporting requirements of this subsection shall apply
17    to all violations stated  in  paragraphs  1  and  2  of  this
18    subsection when the individual has been adjudicated under the
19    Juvenile  Court  Act or the Juvenile Court Act of 1987.  Such
20    reporting  requirements  shall  also  apply  to   individuals
21    adjudicated  under  the  Juvenile  Court  Act or the Juvenile
22    Court Act of 1987 who have committed a violation  of  Section
23    11-501  of  this  Code,  or  similar  provision  of  a  local
24    ordinance,  or  Section  9-3 of the Criminal Code of 1961, as
25    amended, relating to the offense of  reckless  homicide.  The
26    reporting requirements of this subsection shall also apply to
27    a  truant minor in need of supervision, an addicted minor, or
28    a delinquent minor and whose driver's license  and  privilege
29    to  drive a motor vehicle has been ordered suspended for such
30    times as determined by the Court, but only until  he  or  she
31    attains  18  years of age.  It shall be the duty of the clerk
32    of the court in which adjudication  is  had  within  10  days
33    thereafter  to  forward to the Secretary of State a report of
34    the adjudication and the court order requiring the  Secretary
 
SB745 Engrossed             -1187-             LRB9101253EGfg
 1    of  State to suspend the minor's driver's license and driving
 2    privilege for such time as determined by the Court, but  only
 3    until  he  or  she attains the age of 18 years.  All juvenile
 4    court dispositions reported to the Secretary of  State  under
 5    this  provision  shall be processed by the Secretary of State
 6    as if the cases had been adjudicated in traffic  or  criminal
 7    court.  However, information reported relative to the offense
 8    of reckless homicide, or Section 11-501 of this  Code,  or  a
 9    similar  provision  of a local ordinance, shall be privileged
10    and available only to the Secretary  of  State,  courts,  and
11    police officers.
12             3.  Whenever   an  order  is  entered  vacating  the
13        forfeiture of any bail, security or bond given to  secure
14        appearance  for  any  offense  under this Code or similar
15        offenses under municipal ordinance, it shall be the  duty
16        of  the clerk of the court in which such vacation was had
17        or the judge of such court if such court  has  no  clerk,
18        within  10 days thereafter to forward to the Secretary of
19        State a report of the vacation.
20             4.  A report of any disposition of court supervision
21        for a violation of Sections 6-303, 11-401,  11-501  or  a
22        similar provision of a local ordinance, 11-503 and 11-504
23        shall be forwarded to the Secretary of State. A report of
24        any  disposition  of court supervision for a violation of
25        an offense defined as a serious traffic violation in this
26        Code  or  a  similar  provision  of  a  local   ordinance
27        committed  by a person under the age of 21 years shall be
28        forwarded to the Secretary of State.
29             5.  Reports of  conviction  and  sentencing  hearing
30        under  the  Juvenile  Court  Act  of  1987  in a computer
31        processible medium shall be forwarded to the Secretary of
32        State via the  Supreme  Court  in  the  form  and  format
33        required by the Illinois Supreme Court and established by
34        a  written  agreement  between  the Supreme Court and the
 
SB745 Engrossed             -1188-             LRB9101253EGfg
 1        Secretary of State. In counties with  a  population  over
 2        300,000,  instead  of  forwarding  reports to the Supreme
 3        Court, reports of conviction and sentencing hearing under
 4        the Juvenile Court Act of 1987 in a computer  processible
 5        medium  may be forwarded to the Secretary of State by the
 6        Circuit Court Clerk in a form and format required by  the
 7        Secretary  of  State and established by written agreement
 8        between the Circuit Court  Clerk  and  the  Secretary  of
 9        State.   Failure  to forward the reports of conviction or
10        sentencing hearing under the Juvenile Court Act  of  1987
11        as  required  by this Section shall be deemed an omission
12        of duty and it shall be the duty of the  several  State's
13        Attorneys to enforce the requirements of this Section.
14        (b)  Whenever a restricted driving permit is forwarded to
15    a  court,  as  a  result  of confiscation by a police officer
16    pursuant to the authority in Section 6-113(f),  it  shall  be
17    the  duty  of the clerk, or judge, if the court has no clerk,
18    to forward such restricted driving permit and a facsimile  of
19    the   officer's   citation  to  the  Secretary  of  State  as
20    expeditiously as practicable.
21        (c)  For the purposes of this Code, a forfeiture of  bail
22    or collateral deposited to secure a defendant's appearance in
23    court when forfeiture has not been vacated, or the failure of
24    a defendant to appear for trial after depositing his driver's
25    license  in  lieu  of  other  bail,  shall be equivalent to a
26    conviction.
27        (d)  For the purpose of providing the Secretary of  State
28    with  records necessary to properly monitor and assess driver
29    performance and assist the courts in the  proper  disposition
30    of repeat traffic law offenders, the clerk of the court shall
31    forward  to  the  Secretary of State, on a form prescribed by
32    the Secretary, records of driver's participation in a  driver
33    remedial   or  rehabilitative  program  which  was  required,
34    through a court order or court supervision,  in  relation  to
 
SB745 Engrossed             -1189-             LRB9101253EGfg
 1    the driver's arrest for a violation of Section 11-501 of this
 2    Code  or  a  similar  provision  of  a local ordinance.  Such
 3    reports shall be sent  within  10  days  after  the  driver's
 4    referral  to  such driver remedial or rehabilitative program.
 5    Such reports, including those required to be forwarded  under
 6    subsection  4  of  paragraph  (a),  shall  be recorded to the
 7    driver's file, but shall  not  be  released  to  any  outside
 8    source, except the affected driver, and shall be used only to
 9    assist in assessing driver performance and for the purpose of
10    informing  the  courts  that  such driver has been previously
11    assigned court supervision or referred to a driver's remedial
12    or rehabilitative program.
13    (Source: P.A.  90-369,  eff.  1-1-98;  90-590,  eff.  1-1-99;
14    revised 9-16-98.)

15        (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
16        Sec.  6-205.  Mandatory  revocation of license or permit;
17    Hardship cases.
18        (a)  Except as provided in this Section, the Secretary of
19    State shall immediately revoke the license or permit  of  any
20    driver  upon receiving a report of the driver's conviction of
21    any of the following offenses:
22             1.  Reckless homicide resulting from  the  operation
23        of a motor vehicle;
24             2.  Violation  of  Section  11-501 of this Code or a
25        similar provision of a local ordinance  relating  to  the
26        offense  of  operating  or being in physical control of a
27        vehicle while under the influence of alcohol, other  drug
28        or  drugs,  intoxicating  compound  or  compounds, or any
29        combination thereof;
30             3.  Any felony under the laws of any  State  or  the
31        federal  government  in  the  commission of which a motor
32        vehicle was used;
33             4.  Violation  of  Section  11-401  of   this   Code
 
SB745 Engrossed             -1190-             LRB9101253EGfg
 1        relating to the offense of leaving the scene of a traffic
 2        accident involving death or personal injury;
 3             5.  Perjury  or  the  making of a false affidavit or
 4        statement under oath to the Secretary of State under this
 5        Code or under any other law relating to the ownership  or
 6        operation of motor vehicles;
 7             6.  Conviction   upon  3  charges  of  violation  of
 8        Section 11-503 of this Code relating to  the  offense  of
 9        reckless driving committed within a period of 12 months;
10             7.  Conviction of the offense of automobile theft as
11        defined in Section 4-102 of this Code;
12             8.  Violation   of   Section  11-504  of  this  Code
13        relating to the offense of drag racing;
14             9.  Violation of Chapters 8 and 9 of this Code;
15             10.  Violation of Section 12-5 of the Criminal  Code
16        of 1961 arising from the use of a motor vehicle;
17             11.  Violation  of  Section  11-204.1  of  this Code
18        relating to aggravated fleeing or attempting to  elude  a
19        police officer;
20             12.  Violation of paragraph (1) of subsection (b) of
21        Section  6-507,  or  a  similar  law  of any other state,
22        relating to the unlawful operation of a commercial  motor
23        vehicle;
24             13.  Violation of paragraph (a) of Section 11-502 of
25        this  Code or a similar provision of a local ordinance if
26        the driver has been previously convicted of  a  violation
27        of  that  Section  or  a  similar  provision  of  a local
28        ordinance and the driver was less than 21 years of age at
29        the time of the offense.
30        (b)  The Secretary of State shall also immediately revoke
31    the  license  or  permit  of  any  driver  in  the  following
32    situations:
33             1.  Of any minor upon receiving the notice  provided
34        for  in  Section  5-901 of the Juvenile Court Act of 1987
 
SB745 Engrossed             -1191-             LRB9101253EGfg
 1        that the minor has been adjudicated  under  that  Act  as
 2        having  committed  an  offense relating to motor vehicles
 3        prescribed in Section 4-103 of this Code;
 4             2.  Of any person when any other law of  this  State
 5        requires either the revocation or suspension of a license
 6        or permit.
 7        (c)  Whenever  a  person  is  convicted  of  any  of  the
 8    offenses  enumerated in this Section, the court may recommend
 9    and the Secretary of State in his discretion, without  regard
10    to whether the recommendation is made by the court, may, upon
11    application,  issue to the person a restricted driving permit
12    granting the privilege of driving a motor vehicle between the
13    petitioner's residence and petitioner's place  of  employment
14    or  within  the  scope of the petitioner's employment related
15    duties, or to allow transportation for the  petitioner  or  a
16    household  member  of the petitioner's family for the receipt
17    of necessary medical care or, if the professional  evaluation
18    indicates,  provide  transportation  for  the  petitioner for
19    alcohol remedial  or  rehabilitative  activity,  or  for  the
20    petitioner  to attend classes, as a student, in an accredited
21    educational  institution;  if  the  petitioner  is  able   to
22    demonstrate  that  no  alternative means of transportation is
23    reasonably available and the petitioner will not endanger the
24    public safety  or  welfare;  provided  that  the  Secretary's
25    discretion  shall  be  limited  to cases where undue hardship
26    would result from a failure to issue the  restricted  driving
27    permit.  In  each  case  the  Secretary  of State may issue a
28    restricted driving permit for a period he deems  appropriate,
29    except  that the permit shall expire within one year from the
30    date of issuance. A restricted driving  permit  issued  under
31    this  Section  shall  be subject to cancellation, revocation,
32    and suspension by the Secretary of State in like  manner  and
33    for  like  cause as a driver's license issued under this Code
34    may be  cancelled,  revoked,  or  suspended;  except  that  a
 
SB745 Engrossed             -1192-             LRB9101253EGfg
 1    conviction   upon  one  or  more  offenses  against  laws  or
 2    ordinances regulating the movement of traffic shall be deemed
 3    sufficient  cause  for   the   revocation,   suspension,   or
 4    cancellation of a restricted driving permit. The Secretary of
 5    State  may,  as  a  condition to the issuance of a restricted
 6    driving permit, require the applicant  to  participate  in  a
 7    designated  driver  remedial  or  rehabilitative program. The
 8    Secretary of State  is  authorized  to  cancel  a  restricted
 9    driving  permit  if  the  permit holder does not successfully
10    complete the program. However,  if  an  individual's  driving
11    privileges  have been revoked in accordance with paragraph 13
12    of subsection (a) of  this  Section,  no  restricted  driving
13    permit  shall  be  issued  until  the individual has served 6
14    months of the revocation period.
15        (d)  Whenever a person under the age of 21  is  convicted
16    under Section 11-501 of this Code or a similar provision of a
17    local  ordinance,  the  Secretary  of  State shall revoke the
18    driving privileges of that person.  One year after  the  date
19    of  revocation,  and upon application, the Secretary of State
20    may, if satisfied that the person applying will not  endanger
21    the  public  safety  or  welfare,  issue a restricted driving
22    permit granting the privilege of driving a motor vehicle only
23    between the hours of 5  a.m.  and  9  p.m.  or  as  otherwise
24    provided  by  this  Section  for a period of one year.  After
25    this one year period, and upon reapplication for a license as
26    provided in Section 6-106, upon payment  of  the  appropriate
27    reinstatement  fee  provided  under  paragraph (b) of Section
28    6-118, the Secretary of State, in his discretion,  may  issue
29    the  applicant  a  license,  or extend the restricted driving
30    permit  as  many  times  as  the  Secretary  of  State  deems
31    appropriate, by additional periods of not more than 12 months
32    each, until  the  applicant  attains  21  years  of  age.   A
33    restricted  driving permit issued under this Section shall be
34    subject to cancellation, revocation, and  suspension  by  the
 
SB745 Engrossed             -1193-             LRB9101253EGfg
 1    Secretary  of  State  in  like manner and for like cause as a
 2    driver's license issued under this  Code  may  be  cancelled,
 3    revoked,  or  suspended; except that a conviction upon one or
 4    more offenses  against  laws  or  ordinances  regulating  the
 5    movement  of traffic shall be deemed sufficient cause for the
 6    revocation,  suspension,  or  cancellation  of  a  restricted
 7    driving permit.  Any person under 21 years of age who  has  a
 8    driver's   license   revoked   for  a  second  or  subsequent
 9    conviction for driving under the influence, prior to the  age
10    of  21,  shall not be eligible to submit an application for a
11    full reinstatement of  driving  privileges  or  a  restricted
12    driving  permit  until age 21 or one additional year from the
13    date of the latest such revocation, whichever is the  longer.
14    The  revocation  periods contained in this subparagraph shall
15    apply to similar out-of-state convictions.
16        (e)  This Section is subject to  the  provisions  of  the
17    Driver License Compact.
18        (f)  Any   revocation   imposed  upon  any  person  under
19    subsections 2 and 3 of paragraph (b) that  is  in  effect  on
20    December  31,  1988  shall be converted to a suspension for a
21    like period of time.
22        (g)  The Secretary of State shall not issue a  restricted
23    driving  permit  to  a person under the age of 16 years whose
24    driving privileges have been revoked under any provisions  of
25    this Code.
26        (h)  The  Secretary  of  State may use ignition interlock
27    device  requirements  when   granting   driving   relief   to
28    individuals who have been arrested for a second or subsequent
29    offense  under  Section  11-501  of  this  Code  or a similar
30    provision  of  a  local  ordinance.   The   Secretary   shall
31    establish  by  rule  and regulation the procedures for use of
32    the interlock system.
33    (Source: P.A.  89-156,  eff.  1-1-96;  89-245,  eff.  1-1-96;
34    89-626,  eff.  8-9-96;  90-369,  eff.  1-1-98;  90-590,  eff.
 
SB745 Engrossed             -1194-             LRB9101253EGfg
 1    1-1-99; 90-611, eff. 1-1-99;  90-779,  eff.  1-1-99;  revised
 2    9-16-98.)

 3        (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
 4        Sec.  6-208.  Period  of  Suspension  - Application After
 5    Revocation.
 6        (a) Except as otherwise provided  by  this  Code  or  any
 7    other  law  of  this  State, the Secretary of State shall not
 8    suspend a driver's license, permit or privilege  to  drive  a
 9    motor  vehicle  on the highways for a period of more than one
10    year.
11        (b)  Any person whose license,  permit  or  privilege  to
12    drive  a motor vehicle on the highways has been revoked shall
13    not be entitled to have such  license,  permit  or  privilege
14    renewed  or  restored.   However,  such person may, except as
15    provided  under  subsection  (d)  of  Section   6-205,   make
16    application  for  a  license pursuant to Section 6-106 (i) if
17    the revocation was for a cause which has been removed or (ii)
18    as provided in the following subparagraphs:
19             1.  Except as provided in subparagraphs 2, 3, and 4,
20        the person may make application for a license  after  the
21        expiration  of  one  year  from the effective date of the
22        revocation or, in the case of a  violation  of  paragraph
23        (b) of Section 11-401 of this Code or a similar provision
24        of  a  local  ordinance,  after the expiration of 3 years
25        from the effective date of the revocation or, in the case
26        of a violation of Section 9-3 of  the  Criminal  Code  of
27        1961  relating to the offense of reckless homicide, after
28        the expiration of 2 years from the effective date of  the
29        revocation.; or
30             2.  If  such  person  is  convicted  of committing a
31        second violation within a 20 year period of:
32                  (A)  Section 11-501 of this Code, or a  similar
33             provision of a local ordinance; or
 
SB745 Engrossed             -1195-             LRB9101253EGfg
 1                  (B)  Paragraph  (b)  of  Section 11-401 of this
 2             Code, or a similar provision of a  local  ordinance;
 3             or
 4                  (C)  Section  9-3 of the Criminal Code of 1961,
 5             as amended, relating  to  the  offense  of  reckless
 6             homicide; or
 7                  (D)  any  combination  of  the  above  offenses
 8             committed at different instances;
 9        then  such  person may not make application for a license
10        until after the expiration of 5 years from the  effective
11        date  of  the most recent revocation.  The 20 year period
12        shall be computed by using the dates  the  offenses  were
13        committed  and  shall  also  include similar out-of-state
14        offenses.
15             3.  However, except as provided in  subparagraph  4,
16        if  such  person  is  convicted of committing a third, or
17        subsequent, violation or any  combination  of  the  above
18        offenses,   including   similar   out-of-state  offenses,
19        contained in subparagraph 2, then  such  person  may  not
20        make application for a license until after the expiration
21        of  10  years  from the effective date of the most recent
22        revocation.
23             4.  The  person  may  not  make  application  for  a
24        license if the person is convicted of committing a fourth
25        or subsequent violation of Section 11-501 of this Code or
26        a similar provision of a local ordinance,  paragraph  (b)
27        of  Section  11-401  of  this  Code,  Section  9-3 of the
28        Criminal Code of 1961, or a combination of these offenses
29        or similar provisions  of  local  ordinances  or  similar
30        out-of-state  offenses  if  the  original  revocation  or
31        suspension  was  for  a  violation  of  Section 11-501 or
32        11-501.1 of this Code or a similar provision of  a  local
33        ordinance.
34        Notwithstanding  any  other  provision  of this Code, all
 
SB745 Engrossed             -1196-             LRB9101253EGfg
 1    persons referred to in this paragraph (b) may not have  their
 2    privileges  restored  until the Secretary receives payment of
 3    the required reinstatement fee pursuant to subsection (b)  of
 4    Section 6-118.
 5        In no event shall the Secretary issue such license unless
 6    and until such person has had a hearing pursuant to this Code
 7    and the appropriate administrative rules and the Secretary is
 8    satisfied,  after  a  review or investigation of such person,
 9    that to grant the privilege of driving a motor vehicle on the
10    highways will not endanger the public safety or welfare.
11    (Source: P.A. 89-156,  eff.  1-1-96;  90-543,  eff.  12-1-97;
12    90-738, eff. 1-1-99; revised 10-31-98.)

13        (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
14        Sec. 6-208.1.  Period of statutory summary alcohol, other
15    drug, or intoxicating compound related suspension.
16        (a)  Unless  the  statutory  summary  suspension has been
17    rescinded, any  person  whose  privilege  to  drive  a  motor
18    vehicle  on the public highways has been summarily suspended,
19    pursuant to Section  11-501.1,  shall  not  be  eligible  for
20    restoration of the privilege until the expiration of:
21             1.  Six  months  from  the  effective  date  of  the
22        statutory  summary suspension for a refusal or failure to
23        complete a test or tests to determine the alcohol,  drug,
24        or   intoxicating  compound  concentration,  pursuant  to
25        Section 11-501.1; or
26             2.  Three months from  the  effective  date  of  the
27        statutory   summary   suspension  imposed  following  the
28        person's submission to a chemical test which disclosed an
29        alcohol concentration of 0.08 or more, or any amount of a
30        drug,  substance,  or  intoxicating  compound   in   such
31        person's  breath,  blood,  or  urine  resulting  from the
32        unlawful use or consumption of  cannabis  listed  in  the
33        Cannabis  Control  Act,  a controlled substance listed in
 
SB745 Engrossed             -1197-             LRB9101253EGfg
 1        the   Illinois   Controlled   Substances   Act,   or   an
 2        intoxicating compound listed in the Use  of  Intoxicating
 3        Compounds Act, pursuant to Section 11-501.1; or
 4             3.  Three  years  from  the  effective  date  of the
 5        statutory summary suspension for any person other than  a
 6        first offender who refuses or fails to complete a test or
 7        tests  to  determine  the  alcohol, drug, or intoxicating
 8        compound concentration pursuant to Section 11-501.1; or
 9             4.  One year from the effective date of the  summary
10        suspension  imposed  for  any  person  other than a first
11        offender following submission to a  chemical  test  which
12        disclosed  an  alcohol  concentration  of  0.08  or  more
13        pursuant  to  Section  11-501.1  or any amount of a drug,
14        substance or compound in such  person's  blood  or  urine
15        resulting   from  the  unlawful  use  or  consumption  of
16        cannabis listed in the Cannabis Control Act, a controlled
17        substance listed in the  Illinois  Controlled  Substances
18        Act,  or  an  intoxicating  compound listed in the Use of
19        Intoxicating Compounds Act.
20        (b)  Following a  statutory  summary  suspension  of  the
21    privilege  to  drive  a motor vehicle under Section 11-501.1,
22    full driving privileges shall be restored unless  the  person
23    is  otherwise  disqualified  by  this Code.  If the court has
24    reason to believe that the person's driving privilege  should
25    not  be  restored,  the  court  shall notify the Secretary of
26    State prior  to  the  expiration  of  the  statutory  summary
27    suspension  so  appropriate  action  may be taken pursuant to
28    this Code.
29        (c)  Full driving privileges may not  be  restored  until
30    all  applicable reinstatement fees, as provided by this Code,
31    have been paid to the Secretary of State and the  appropriate
32    entry made to the driver's record.
33        (d)  Where   a   driving  privilege  has  been  summarily
34    suspended  under  Section  11-501.1   and   the   person   is
 
SB745 Engrossed             -1198-             LRB9101253EGfg
 1    subsequently  convicted  of  violating  Section  11-501, or a
 2    similar  provision  of  a  local  ordinance,  for  the   same
 3    incident,  any  period served on statutory summary suspension
 4    shall be credited toward the minimum period of revocation  of
 5    driving privileges imposed pursuant to Section 6-205.
 6        (e)  Following  a statutory summary suspension of driving
 7    privileges  pursuant  to  Section  11-501.1,  for   a   first
 8    offender,  the circuit court may, after at least 30 days from
 9    the effective date of the statutory summary suspension, issue
10    a judicial driving permit as provided in Section 6-206.1.
11        (f)  Subsequent to an arrest of a first offender, for any
12    offense as defined in Section 11-501 or a  similar  provision
13    of   a   local   ordinance,  following  a  statutory  summary
14    suspension  of  driving  privileges   pursuant   to   Section
15    11-501.1, for a first offender, the circuit court may issue a
16    court  order  directing  the  Secretary  of  State to issue a
17    judicial driving  permit  as  provided  in  Section  6-206.1.
18    However,  this  JDP  shall not be effective prior to the 31st
19    day of the statutory summary suspension.
20        (g)  Following a statutory summary suspension of  driving
21    privileges  pursuant to Section 11-501.1 where the person was
22    not a first offender, as defined in Section 11-500  and  such
23    person  refused  or  failed  to  complete  a test or tests to
24    determine  the  alcohol,  drug,  or   intoxicating   compound
25    concentration  pursuant to Section 11-501.1, the Secretary of
26    State may issue a restricted driving permit  if  at  least  2
27    years  have elapsed since the effective date of the statutory
28    summary suspension.
29        (h)  Following a statutory summary suspension of  driving
30    privileges  pursuant to Section 11-501.1 where the person was
31    not a first offender as defined in Section  11-500  and  such
32    person  submitted  to  a  chemical  test  which  disclosed an
33    alcohol concentration of 0.08 or  more  pursuant  to  Section
34    11-501.1,  the Secretary of State may, after at least 90 days
 
SB745 Engrossed             -1199-             LRB9101253EGfg
 1    from the effective date of the statutory summary  suspension,
 2    issue a restricted driving permit.
 3    (Source:  P.A.  89-203,  eff.  7-21-95;  90-43,  eff. 7-2-97;
 4    90-738, eff. 1-1-99; 90-779, eff. 1-1-99; revised 9-21-98.)

 5        (625 ILCS 5/6-301.3)
 6        Sec. 6-301.3.  Invalidation  of  a  driver's  license  or
 7    permit.
 8        (a)  The  Secretary  of  State  may invalidate a driver's
 9    license or permit when:
10             (1)  when  the  holder  voluntarily  surrenders  the
11        license or permit and declares his or her intention to do
12        so in writing to the Secretary;
13             (2)  when the Secretary receives a  certified  court
14        order indicating the holder is to refrain from driving;
15             (3)  upon the death of the holder; or
16             (4)  as   the   Secretary   deems   appropriate   by
17        administrative rule.
18        (b)  A  driver's license or permit invalidated under this
19    Section shall nullify the holder's driving privileges.  If  a
20    license  is  invalidated  under  subdivision  (a)(3)  of this
21    Section paragraph (3) above, the actual license or permit may
22    be released to a relative  of  the  decedent;  provided,  the
23    actual   license  or  permit  bears  a  readily  identifiable
24    designation evidencing  invalidation  as  prescribed  by  the
25    Secretary.
26    (Source: P.A. 88-197; revised 10-31-98.)

27        (625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
28        Sec. 6-517.  Commercial driver; implied consent warnings.
29        (a)  Any person driving a commercial motor vehicle who is
30    requested  by a police officer, pursuant to Section 6-516, to
31    submit to a chemical test or tests to determine  the  alcohol
32    concentration or any amount of a drug, substance, or compound
 
SB745 Engrossed             -1200-             LRB9101253EGfg
 1    resulting  from  the  unlawful use or consumption of cannabis
 2    listed in the Cannabis Control Act or a controlled  substance
 3    listed  in  the  Illinois  Controlled  Substances Act in such
 4    person's  system,  must  be  warned  by  the  police  officer
 5    requesting the test or tests that a refusal to submit to  the
 6    test  or  tests  will result in that person being immediately
 7    placed out-of-service for a period  of  24  hours  and  being
 8    disqualified  from operating a commercial motor vehicle for a
 9    period of not less than 12 months; the person shall  also  be
10    warned that if such person submits to testing which discloses
11    an  alcohol  concentration of greater than 0.00 but less than
12    0.04 or any amount of a drug, substance, or compound in  such
13    person's  blood  or  urine resulting from the unlawful use or
14    consumption of cannabis listed in the Cannabis Control Act or
15    a controlled substance  listed  in  the  Illinois  Controlled
16    Substances  Act,  such  person  shall  be  placed immediately
17    out-of-service for a  period  of  24  hours;  if  the  person
18    submits  to  testing which discloses an alcohol concentration
19    of 0.04 or more or  any  amount  of  a  drug,  substance,  or
20    compound  in  such person's blood or urine resulting from the
21    unlawful  use  or  consumption  of  cannabis  listed  in  the
22    Cannabis Control Act or a controlled substance listed in  the
23    Illinois  Controlled  Substances  Act,  such  person shall be
24    placed  immediately  out-of-service  and  disqualified   from
25    driving  a  commercial motor vehicle for a period of at least
26    12 months; also the person  shall  be  warned  that  if  such
27    testing  discloses  an alcohol concentration of 0.08, or more
28    or any amount of a  drug,  substance,  or  compound  in  such
29    person's  blood  or  urine resulting from the unlawful use or
30    consumption of cannabis listed in the Cannabis Control Act or
31    a controlled substance  listed  in  the  Illinois  Controlled
32    Substances  Act,  in addition to the person being immediately
33    placed out-of-service  and  disqualified  for  12  months  as
34    provided  in  this  UCDLA,  the results of such testing shall
 
SB745 Engrossed             -1201-             LRB9101253EGfg
 1    also be admissible in prosecutions for violations of  Section
 2    11-501   of   this  Code,  or  similar  violations  of  local
 3    ordinances, however, such results shall not be used to impose
 4    any driving sanctions pursuant to Section  11-501.1  of  this
 5    Code.
 6        The person shall also be warned that any disqualification
 7    imposed  pursuant  to this Section, shall be for life for any
 8    such offense or refusal, or combination thereof; including  a
 9    conviction  for  violating  Section  11-501  while  driving a
10    commercial motor vehicle,  or  similar  provisions  of  local
11    ordinances,   committed  a  second  time  involving  separate
12    incidents.
13        (b)  If the person refuses or fails to complete  testing,
14    or submits to a test which discloses an alcohol concentration
15    of  at  least  0.04,  or  any amount of a drug, substance, or
16    compound in such person's blood or urine resulting  from  the
17    unlawful  use  or  consumption  of  cannabis  listed  in  the
18    Cannabis  Control Act or a controlled substance listed in the
19    Illinois  Controlled  Substances  Act,  the  law  enforcement
20    officer must submit a Sworn Report to the Secretary of State,
21    in a form prescribed by the Secretary,  certifying  that  the
22    test  or  tests was requested pursuant to paragraph (a); that
23    the person was warned, as provided in paragraph (a) and  that
24    such  person  refused  to  submit  to  or  failed to complete
25    testing, or submitted to a test which  disclosed  an  alcohol
26    concentration  of  0.04  or  more,  or  any amount of a drug,
27    substance, or  compound  in  such  person's  blood  or  urine
28    resulting  from  the  unlawful use or consumption of cannabis
29    listed in the Cannabis Control Act or a controlled  substance
30    listed in the Illinois Controlled Substances Act.
31        (c)  The police officer submitting the Sworn Report under
32    this  Section  shall serve notice of the CDL disqualification
33    on  the  person  and  such  CDL  disqualification  shall   be
34    effective  as  provided in paragraph (d).  In cases where the
 
SB745 Engrossed             -1202-             LRB9101253EGfg
 1    blood alcohol concentration of 0.04 or more, or any amount of
 2    a drug, substance, or compound  in  such  person's  blood  or
 3    urine  resulting  from  the  unlawful  use  or consumption of
 4    cannabis listed in the Cannabis Control Act or  a  controlled
 5    substance  listed  in the Illinois Controlled Substances Act,
 6    is established by  subsequent  analysis  of  blood  or  urine
 7    collected  at  the  time  of  the request, the police officer
 8    shall give notice as provided in this Section or  by  deposit
 9    in  the United States mail of such notice as provided in this
10    Section or by deposit in  the  United  States  mail  of  such
11    notice  in  an envelope with postage prepaid and addressed to
12    such person's persons' domiciliary address as  shown  on  the
13    Sworn  Report  and  the  CDL  disqualification shall begin as
14    provided in paragraph (d).
15        (d)  The CDL disqualification referred to in this Section
16    shall take effect on the 46th  day  following  the  date  the
17    Sworn Report was given to the affected person.
18        (e)  Upon  receipt  of  the  Sworn Report from the police
19    officer, the Secretary of State shall disqualify  the  person
20    from  driving  any commercial motor vehicle and shall confirm
21    the  CDL  disqualification  by  mailing  the  notice  of  the
22    effective date to the  person.   However,  should  the  Sworn
23    Report  be defective by not containing sufficient information
24    or be  completed  in  error,  the  confirmation  of  the  CDL
25    disqualification  shall  not be mailed to the affected person
26    or entered into the record, instead the Sworn Report shall be
27    forwarded to the issuing agency identifying any such defect.
28    (Source: P.A. 90-43, eff. 7-2-97; revised 10-31-98.)

29        (625 ILCS 5/6-520) (from Ch. 95 1/2, par. 6-520)
30        Sec.  6-520.  CDL  disqualification   or   out-of-service
31    order; hearing.
32        (a)  A  disqualification of commercial driving privileges
33    by the Secretary of State, pursuant to this UCDLA, shall  not
 
SB745 Engrossed             -1203-             LRB9101253EGfg
 1    become  effective until the person is notified in writing, by
 2    the Secretary, of the impending disqualification and  advised
 3    that a CDL hearing may be requested.
 4        (b)  Upon receipt of the notice of a CDL disqualification
 5    not  based  upon  a  conviction,  an out-of-service order, or
 6    notification that a CDL disqualification is forthcoming,  the
 7    person may make a written petition in a form, approved by the
 8    Secretary  of  State,  for a CDL hearing.  Such petition must
 9    state the grounds upon which the person seeks to have the CDL
10    disqualification  rescinded  or  the   out-of-service   order
11    removed  from  the  person's  driving record.  Within 10 days
12    after the receipt of such petition, it shall be  reviewed  by
13    the  Director  of  the Department of Administrative Hearings,
14    Office  of  the  Secretary  of  State,  or  by  an  appointed
15    designee.  If it is determined that the petition on its  face
16    does  not  state  grounds upon which the relief may be based,
17    the petition for a  CDL  hearing  shall  be  denied  and  the
18    disqualification shall become effective as if no petition had
19    been  filed  and the out-of-service order shall be sustained.
20    If such petition is so denied, the person may submit  another
21    petition.
22        (c)  The scope of a CDL hearing, for any disqualification
23    imposed  pursuant to paragraphs (1) and (2) of subsection (a)
24    of Section 6-514 shall be limited to the following issues:
25             1.  Whether the person was  operating  a  commercial
26        motor vehicle;
27             2.  Whether,  after  making  the  initial  stop, the
28        police officer  had  probable  cause  to  issue  a  Sworn
29        Report;
30             3.  Whether  the  person  was verbally warned of the
31        ensuing consequences prior to submitting to any  type  of
32        chemical  test  or tests to determine such person's blood
33        concentration of alcohol, other drug, or both; and
34             4.  Whether the person did refuse to  submit  to  or
 
SB745 Engrossed             -1204-             LRB9101253EGfg
 1        failed  to complete the chemical testing or did submit to
 2        such test or tests and such test or  tests  disclosed  an
 3        alcohol concentration of at least 0.04 or any amount of a
 4        drug,  substance, or compound resulting from the unlawful
 5        use or consumption of cannabis  listed  in  the  Cannabis
 6        Control  Act  or  a  controlled  substance  listed in the
 7        Illinois Controlled Substances Act in the person's system
 8        ;.
 9             5.  Whether the person was warned that if  the  test
10        or  tests  disclosed  an alcohol concentration of 0.08 or
11        more or any amount of  a  drug,  substance,  or  compound
12        resulting   from  the  unlawful  use  or  consumption  of
13        cannabis  listed  in  the  Cannabis  Control  Act  or   a
14        controlled  substance  listed  in the Illinois Controlled
15        Substances Act, such results could  be  admissible  in  a
16        subsequent  prosecution under Section 11-501 of this Code
17        or similar provision of local ordinances; and
18             6.  Whether That such results could not be  used  to
19        impose any driver's license sanctions pursuant to Section
20        11-501.1.
21        Upon  the  conclusion  of  the above CDL hearing, the CDL
22    disqualification  imposed  shall  either  be   sustained   or
23    rescinded.
24        (d)  The  scope  of  a CDL hearing for any out-of-service
25    sanction, imposed pursuant to Section 6-515, shall be limited
26    to the following issues:
27             1.  Whether the  person  was  driving  a  commercial
28        motor vehicle;
29             2.  Whether,  while  driving  such  commercial motor
30        vehicle, the person had alcohol or any amount of a  drug,
31        substance,  or  compound  resulting from the unlawful use
32        or consumption of cannabis listed in the Cannabis Control
33        Act or a controlled  substance  listed  in  the  Illinois
34        Controlled Substances Act in such person's system; or
 
SB745 Engrossed             -1205-             LRB9101253EGfg
 1             3.  Whether  the  person  was verbally warned of the
 2        ensuing consequences prior to being asked  to  submit  to
 3        any  type  of  chemical  test  or tests to determine such
 4        person's alcohol, other drug, or both, concentration; and
 5             4.  Whether, after being so warned, the  person  did
 6        refuse  to  submit to or failed to complete such chemical
 7        test or tests or did submit to such  test  or  tests  and
 8        such  test  or  tests  disclosed an alcohol concentration
 9        greater than 0.00 or any amount of a drug, substance,  or
10        compound  resulting  from the unlawful use or consumption
11        of cannabis listed in  the  Cannabis  Control  Act  or  a
12        controlled  substance  listed  in the Illinois Controlled
13        Substances Act.
14        Upon  the  conclusion  of  the  above  CDL  hearing,  the
15    out-of-service sanction shall either be sustained or  removed
16    from the person's driving record.
17        (e)  If  any  person  petitions for a hearing relating to
18    any CDL disqualification based upon a conviction, as  defined
19    in  this  UCDLA, said hearing shall not be conducted as a CDL
20    hearing, but shall be conducted as any other driver's license
21    hearing, whether formal or informal, as  promulgated  in  the
22    rules and regulations of the Secretary.
23        (f)  Any  evidence  of alcohol or other drug consumption,
24    for the purposes of this UCDLA, shall be sufficient  probable
25    cause  for requesting the driver to submit to a chemical test
26    or tests to determine the presence of alcohol, other drug, or
27    both in the person's system and the subsequent issuance of an
28    out-of-service order or a Sworn Report by a police officer.
29        (g)  For the purposes of  this  UCDLA,  a  CDL  "hearing"
30    shall  mean  a  hearing before the Office of the Secretary of
31    State in accordance with Section 2-118 of this Code, for  the
32    purpose  of  resolving  differences  or disputes specifically
33    related to  the  scope  of  the  issues  identified  in  this
34    Section.   These proceedings will be a matter of record and a
 
SB745 Engrossed             -1206-             LRB9101253EGfg
 1    final appealable  order  issued.   The  petition  for  a  CDL
 2    hearing  shall  not  stay  or delay the effective date of the
 3    impending disqualification.
 4        (h)  The CDL hearing may be conducted upon  a  review  of
 5    the police officer's own official  reports; provided however,
 6    that the petitioner may subpoena the officer.  Failure of the
 7    officer  to  answer  the  subpoena  shall  be  grounds  for a
 8    continuance.
 9    (Source: P.A. 90-43, eff. 7-2-97; revised 10-31-98.)

10        (625 ILCS 5/7-402) (from Ch. 95 1/2, par. 7-402)
11        Sec.  7-402.  Surrender   of   license   to   drive   and
12    registration.    Except as otherwise provided in this Code or
13    Article V of  the  Supreme  Court  Rules,  any  person  whose
14    license  to drive has been suspended shall immediately return
15    to the  Secretary  of  State  any  driver's  driver  license,
16    instruction   permit,  restricted  driving  permit  or  other
17    evidence of driving privileges held  by  such  person.    Any
18    driving  authorization  document issued under Section 6-206.1
19    or 11-501.1 of this Code shall be  returned  to  the  issuing
20    court  for  proper  processing.   Any  person  whose  vehicle
21    registration  has  been  suspended shall, upon the request of
22    the  Secretary,  immediately  return  to  the  Secretary  any
23    license plates or other evidences  of  registration  held  by
24    such person.
25        The  Secretary  is  authorized  to take possession of any
26    license  to  drive,  registration  certificate,  registration
27    sticker or license plates upon the suspension  thereof  under
28    the  provisions of this Code or to direct any law enforcement
29    officer to take possession thereof and to return the same  to
30    the Secretary.
31        Any  person willfully failing to comply with this Section
32    is guilty of a Class A misdemeanor and shall be  punished  as
33    provided in Section 9-110 of this Code.
 
SB745 Engrossed             -1207-             LRB9101253EGfg
 1    (Source: P.A. 85-1201; revised 10-31-98.)

 2        (625 ILCS 5/10-301) (from Ch. 95 1/2, par. 10-301)
 3        Sec. 10-301. Service of process on non-resident.
 4        (a)  The  use  and  operation  by  any person or his duly
 5    authorized agent or employee of a vehicle over  or  upon  the
 6    highways  of  the  State  of  Illinois,  shall  be  deemed an
 7    appointment by such person of the Secretary of  State  to  be
 8    his  true  and  lawful  attorney  upon whom may be served all
 9    legal process  in  any  action  or  proceeding  against  him,
10    growing  out  of  such  use or resulting in damage or loss to
11    person or  property,  and  the  use  or  operation  shall  be
12    signification  of his agreement that such process against him
13    which is so served, shall be of  the  same  legal  force  and
14    validity  as though served upon him personally if such person
15    is a non-resident of this State or at the  time  a  cause  of
16    action  arises  is  a resident of this State but subsequently
17    becomes a non-resident of this State, or  in  the  event  the
18    vehicle is owned by a non-resident and is being operated over
19    and  upon the highways of this State with the owner's express
20    or implied permission.
21        (b)  Service of such process shall be made by  serving  a
22    copy  upon  the  Secretary  of  State  or any employee in his
23    office designated by him to accept such service for  him,  or
24    by filing such copy in his office, together with an affidavit
25    of  compliance  from  the  plaintiff  instituting the action,
26    suit, or  proceeding,  which  states  that  this  Section  is
27    applicable  to  the  proceeding  and  that  the plaintiff has
28    complied with the requirements of this Section, and a fee  of
29    $5  and  such  service  shall  be sufficient service upon the
30    person, if notice of such service and a copy of  the  process
31    are,  within  10  days thereafter, sent by registered mail by
32    the plaintiff to the defendant, at the last known address  of
33    the  defendant,  and  the plaintiff's affidavit of compliance
 
SB745 Engrossed             -1208-             LRB9101253EGfg
 1    herewith is appended to the summons.
 2        (c)  The court in which the action is pending  may  order
 3    such continuances as may be necessary to afford the defendant
 4    reasonable  opportunity  to  defend the action. The fee of $5
 5    paid by the plaintiff to the Secretary of State at  the  time
 6    of  the service shall be taxed as his cost, if he prevails in
 7    the action.
 8        (d)  The Secretary of State shall keep a  record  of  all
 9    such  processes,  which  shall  show the day and hour of such
10    service.
11        (e)  When  a  final  judgment  is  entered  against   any
12    non-resident defendant who has have not received notice and a
13    copy  of  the process by registered mail, required to be sent
14    to him  as  above  provided,  and  such  person,  his  heirs,
15    legatees,    executor,    administrator    or   other   legal
16    representatives, as the case may require,  shall  within  one
17    year  after the written notice given to him of such judgment,
18    or within 5 years after such judgment, if no such notice  has
19    been given, as stated above, appear and petition the court to
20    be heard regarding such judgment, and shall pay such costs as
21    the  court  may deem reasonable in that behalf, the person so
22    petitioning the court may appear and answer  the  plaintiff's
23    allegations, and thereupon such proceeding shall be had as if
24    the  defendant  had  appeared in due time and no judgment had
25    been entered. If  it  appears  upon  the  hearing  that  such
26    judgment   ought   not  to  have  been  entered  against  the
27    defendant, the judgment may be set aside, altered or  amended
28    as shall appear just; otherwise, it shall be ordered that the
29    judgment stands confirmed against the defendant. The judgment
30    shall, after 5 years from the entry thereof, if not set aside
31    in  the manner stated above, be deemed and adjudged confirmed
32    against such defendant, and all persons claiming under him by
33    virtue of any act done subsequent to the commencement of such
34    action, and at the end of the 5 years, the  court  may  enter
 
SB745 Engrossed             -1209-             LRB9101253EGfg
 1    such  further orders as shall be required for the enforcement
 2    of the judgment.
 3        (f)  Any  person  instituting  any   action,   suit,   or
 4    proceeding who uses this Section to effect service of process
 5    shall  be  liable  for  the  attorney's fees and costs of the
 6    defendant if the court finds that the person instituting  the
 7    action  knew  or  should  have known that this Section is not
 8    applicable for effecting service in such action.
 9    (Source: P.A. 85-412; revised 10-31-98.)

10        (625 ILCS 5/11-306) (from Ch. 95 1/2, par. 11-306)
11        Sec. 11-306.   Traffic-control  signal  legend.  Whenever
12    traffic  is  controlled by traffic-control signals exhibiting
13    different   colored   lights   or   color   lighted   arrows,
14    successively one at a time or in combination, only the colors
15    green, red and yellow  shall  be  used,  except  for  special
16    pedestrian  signals  carrying  a  word legend, and the lights
17    shall  indicate  and  apply  to  drivers  of   vehicles   and
18    pedestrians as follows:
19        (a)  Green indication.
20             1.  (1)  Vehicular  traffic  facing a circular green
21        signal may proceed straight through or turn right or left
22        unless a sign at such place prohibits either  such  turn.
23        Vehicular  traffic,  including  vehicles turning right or
24        left, shall yield the right of way to other vehicles  and
25        to  pedestrians  lawfully  within  the intersection or an
26        adjacent crosswalk at the time such signal is exhibited.
27             2.  Vehicular traffic facing a green  arrow  signal,
28        shown  alone  or  in combination with another indication,
29        may cautiously enter the intersection only  to  make  the
30        movement  indicated by such arrow, or such other movement
31        as is permitted by other indications shown  at  the  same
32        time.   Such  vehicular  traffic shall yield the right of
33        way to pedestrians lawfully within an adjacent  crosswalk
 
SB745 Engrossed             -1210-             LRB9101253EGfg
 1        and to other traffic lawfully using the intersection.
 2             3.  Unless      otherwise      directed     by     a
 3        pedestrian-control signal, as provided in Section 11-307,
 4        pedestrians facing any green signal, except when the sole
 5        green signal is a turn  arrow,  may  proceed  across  the
 6        roadway within any marked or unmarked crosswalk.
 7        (b)  Steady yellow indication.
 8             1.  Vehicular   traffic  facing  a  steady  circular
 9        yellow or yellow arrow signal is thereby warned that  the
10        related  green movement is being terminated or that a red
11        indication will be exhibited immediately thereafter.
12             2.  Pedestrians facing a steady circular  yellow  or
13        yellow  arrow  signal,  unless  otherwise  directed  by a
14        pedestrian-control signal as provided in Section  11-307,
15        are  thereby  advised  that there is insufficient time to
16        cross the roadway before a red indication is shown and no
17        pedestrian shall then start to cross the roadway.
18        (c)  Steady red indication.
19             1.  Except  as  provided  in  paragraph  3  of  this
20        subsection (c) of this Section, vehicular traffic  facing
21        a  steady  circular  red  signal  alone  shall  stop at a
22        clearly marked stop line, but if there is  no  such  stop
23        line,  before  entering the crosswalk on the near side of
24        the intersection, or if there is no such crosswalk,  then
25        before   entering  the  intersection,  and  shall  remain
26        standing until an indication to proceed is shown.
27             2.  Except  as  provided  in  paragraph  3  of  this
28        subsection (c) of this Section, vehicular traffic  facing
29        a   steady   red   arrow   signal  shall  not  enter  the
30        intersection to make the movement indicated by the  arrow
31        and,  unless entering the intersection to make a movement
32        permitted by another signal,  shall  stop  at  a  clearly
33        marked  stop  line,  but  if  there is no such stop line,
34        before entering the crosswalk on the  near  side  of  the
 
SB745 Engrossed             -1211-             LRB9101253EGfg
 1        intersection,  or  if  there  is  no such crosswalk, then
 2        before  entering  the  intersection,  and  shall   remain
 3        standing  until  an  indication  permitting  the movement
 4        indicated by such red arrow is shown.
 5             3.  Except when a sign is  in  place  prohibiting  a
 6        turn   and   local  authorities  by  ordinance  or  State
 7        authorities by rule or regulation prohibit any such turn,
 8        vehicular  traffic  facing  any  steady  red  signal  may
 9        cautiously enter the intersection to turn  right,  or  to
10        turn  left  from  a one-way street into a one-way street,
11        after stopping as required by paragraph 1 or paragraph  2
12        of  this subsection (c) of this Section.  After stopping,
13        the driver shall yield the right of way to any vehicle in
14        the intersection or approaching  on  another  roadway  so
15        closely  as  to constitute an immediate hazard during the
16        time  such  driver  is  moving  across  or   within   the
17        intersection  or junction or roadways.  Such driver shall
18        yield  the  right  of  way  to  pedestrians  within   the
19        intersection or an adjacent crosswalk.
20             4.  Unless      otherwise      directed     by     a
21        pedestrian-control signal as provided in Section  11-307,
22        pedestrians  facing  a  steady  circular red or red arrow
23        signal alone shall not enter the roadway.
24             5.  A municipality with a population of 1,000,000 or
25        more may enact an ordinance that provides for the use  of
26        an  automated  red  light  enforcement  system to enforce
27        violations of this  subsection  (c)  that  result  in  or
28        involve  a motor vehicle accident, leaving the scene of a
29        motor vehicle accident, or reckless driving that  results
30        in bodily injury.
31             This   paragraph   5  is  subject  to  prosecutorial
32        discretion that is consistent with applicable law.
33        (d)  In the event an official traffic control  signal  is
34    erected and maintained at a place other than an intersection,
 
SB745 Engrossed             -1212-             LRB9101253EGfg
 1    the  provisions of this Section shall be applicable except as
 2    to provisions which by their nature can have no  application.
 3    Any  stop required shall be at a traffic sign or a marking on
 4    the pavement indicating where the stop shall be made  or,  in
 5    the  absence  of such sign or marking, the stop shall be made
 6    at the signal.
 7        (e)  The motorman of any streetcar shall obey  the  above
 8    signals as applicable to vehicles.
 9    (Source: P.A. 90-86, eff. 7-10-97; revised 10-31-98.)

10        (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
11        Sec.  11-501.   Driving  while  under  the  influence  of
12    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
13    compounds or any combination thereof.
14        (a)  A  person  shall  not drive or be in actual physical
15    control of any vehicle within this State while:
16             (1)  the alcohol concentration in the person's blood
17        or breath is 0.08 or more  based  on  the  definition  of
18        blood and breath units in Section 11-501.2;
19             (2)  under the influence of alcohol;
20             (3)  under   the   influence   of  any  intoxicating
21        compound or combination of intoxicating  compounds  to  a
22        degree  that  renders  the  person  incapable  of driving
23        safely;
24             (4)  under  the  influence  of  any  other  drug  or
25        combination of drugs to a degree that renders the  person
26        incapable of safely driving;
27             (5)  under  the combined influence of alcohol, other
28        drug or drugs, or intoxicating compound or compounds to a
29        degree  that  renders  the  person  incapable  of  safely
30        driving; or
31             (6)  there is any amount of a  drug,  substance,  or
32        compound   in   the  person's  breath,  blood,  or  urine
33        resulting  from  the  unlawful  use  or  consumption   of
 
SB745 Engrossed             -1213-             LRB9101253EGfg
 1        cannabis listed in the Cannabis Control Act, a controlled
 2        substance  listed  in  the Illinois Controlled Substances
 3        Act, or an intoxicating compound listed  in  the  Use  of
 4        Intoxicating Compounds Act.
 5        (b)  The fact that any person charged with violating this
 6    Section is or has been legally entitled to use alcohol, other
 7    drug  or drugs, or intoxicating compound or compounds, or any
 8    combination thereof,  shall not constitute a defense  against
 9    any charge of violating this Section.
10        (c)  Except as provided under paragraphs (c-3) and (d) of
11    this  Section,  every  person  convicted  of  violating  this
12    Section or a similar provision of a local ordinance, shall be
13    guilty of a Class A misdemeanor and, in addition to any other
14    criminal  or administrative action, for any second conviction
15    of violating this Section or a similar provision of a law  of
16    another  state or local ordinance committed within 5 years of
17    a previous violation of this Section or a  similar  provision
18    of  a  local  ordinance  shall  be mandatorily sentenced to a
19    minimum of 48 consecutive hours of imprisonment  or  assigned
20    to  a  minimum  of  100  hours of community service as may be
21    determined by the court.  Every person convicted of violating
22    this Section or a similar  provision  of  a  local  ordinance
23    shall  be  subject  to a mandatory minimum fine of $500 and a
24    mandatory 5 days of community service in a program benefiting
25    children if the person committed a violation of paragraph (a)
26    or  a  similar  provision  of   a   local   ordinance   while
27    transporting a person under age 16.  Every person convicted a
28    second time for violating this Section or a similar provision
29    of  a  local ordinance within 5 years of a previous violation
30    of this Section or a similar provision of a  law  of  another
31    state  or  local  ordinance  shall  be subject to a mandatory
32    minimum fine of $500  and  10  days  of  mandatory  community
33    service  in  a  program  benefiting  children  if the current
34    offense was committed while transporting a person  under  age
 
SB745 Engrossed             -1214-             LRB9101253EGfg
 1    16.   The  imprisonment  or  assignment under this subsection
 2    shall not be subject to suspension nor shall  the  person  be
 3    eligible  for  probation  in  order to reduce the sentence or
 4    assignment.
 5        (c-1) (1)  A person who violates this  Section  during  a
 6        period in which his or her driving privileges are revoked
 7        or  suspended, where the revocation or suspension was for
 8        a violation of this Section, Section 11-501.1,  paragraph
 9        (b)  of  Section  11-401,  or Section 9-3 of the Criminal
10        Code of 1961 is guilty of a Class 4 felony.
11             (2)  A person who violates this Section a third time
12        during a period in which his or  her  driving  privileges
13        are   revoked   or  suspended  where  the  revocation  or
14        suspension was for a violation of this  Section,  Section
15        11-501.1, paragraph (b) of Section 11-401, or Section 9-3
16        of  the  Criminal  Code  of  1961  is guilty of a Class 3
17        felony.
18             (3)  A person who violates this Section a fourth  or
19        subsequent  time  during  a  period  in  which his or her
20        driving privileges are revoked  or  suspended  where  the
21        revocation  or  suspension  was  for  a violation of this
22        Section,  Section  11-501.1,  paragraph  (b)  of  Section
23        11-401, or Section 9-3 of the Criminal Code  of  1961  is
24        guilty of a Class 2 felony.
25        (c-2)  (Blank).
26        (c-3)  Every  person  convicted of violating this Section
27    or a similar provision of a local ordinance who had  a  child
28    under  age 16 in the vehicle at the time of the offense shall
29    have his or her punishment under this Act enhanced by 2  days
30    of  imprisonment for a first offense, 10 days of imprisonment
31    for a second offense, 30 days of  imprisonment  for  a  third
32    offense,  and  90  days  of  imprisonment  for  a  fourth  or
33    subsequent  offense,  in  addition  to the fine and community
34    service  required  under  subsection  (c)  and  the  possible
 
SB745 Engrossed             -1215-             LRB9101253EGfg
 1    imprisonment required under subsection (d).  The imprisonment
 2    or assignment under this subsection shall not be  subject  to
 3    suspension  nor shall the person be eligible for probation in
 4    order to reduce the sentence or assignment.
 5        (d) (1)  Every person convicted of committing a violation
 6    of this Section shall be guilty of aggravated  driving  under
 7    the   influence   of   alcohol,   other  drug  or  drugs,  or
 8    intoxicating  compound  or  compounds,  or  any   combination
 9    thereof if:
10             (A)  the   person  committed  a  violation  of  this
11        Section, or a similar provision of a law of another state
12        or a local ordinance when the cause of action is the same
13        as or substantially similar  to  this  Section,  for  the
14        third or subsequent time;
15             (B)  the  person  committed a violation of paragraph
16        (a) while driving a school bus with children on board;
17             (C)  the  person  in  committing  a   violation   of
18        paragraph  (a)  was  involved in a motor vehicle accident
19        that  resulted  in  great  bodily   harm   or   permanent
20        disability   or   disfigurement   to  another,  when  the
21        violation was a proximate cause of the injuries; or
22             (D)  the person committed a violation  of  paragraph
23        (a)  for  a second time and has been previously convicted
24        of violating Section 9-3 of the  Criminal  Code  of  1961
25        relating  to  reckless  homicide  in which the person was
26        determined to have been under the influence  of  alcohol,
27        other   drug   or  drugs,  or  intoxicating  compound  or
28        compounds as an element of the offense or the person  has
29        previously  been convicted under subparagraph (C) of this
30        paragraph (1).
31        (2)  Aggravated driving under the influence  of  alcohol,
32    other  drug  or drugs, or intoxicating compound or compounds,
33    or any combination thereof is a Class 4 felony  for  which  a
34    person,  if  sentenced  to  a  term of imprisonment, shall be
 
SB745 Engrossed             -1216-             LRB9101253EGfg
 1    sentenced to not less than one year and not more than 3 years
 2    for a violation of subparagraph (A), (B) or (D) of  paragraph
 3    (1) of this subsection (d) and not less than one year and not
 4    more  than  12  years  for a violation of subparagraph (C) of
 5    paragraph (1) of this subsection  (d).  For  any  prosecution
 6    under  this  subsection  (d), a certified copy of the driving
 7    abstract of the defendant shall be admitted as proof  of  any
 8    prior conviction.
 9        (e)  After  a  finding  of  guilt  and prior to any final
10    sentencing, or an order for supervision, for an offense based
11    upon an arrest for a violation of this Section or  a  similar
12    provision of a local ordinance, individuals shall be required
13    to  undergo  a  professional  evaluation  to  determine if an
14    alcohol, drug, or intoxicating compound abuse problem  exists
15    and  the  extent  of  the problem.  Programs conducting these
16    evaluations shall be licensed  by  the  Department  of  Human
17    Services.   The  cost of any professional evaluation shall be
18    paid  for  by  the  individual  required   to   undergo   the
19    professional evaluation.
20        (f)  Every person found guilty of violating this Section,
21    whose operation of a motor vehicle while in violation of this
22    Section  proximately  caused  any  incident  resulting  in an
23    appropriate emergency  response,  shall  be  liable  for  the
24    expense  of  an  emergency response as provided under Section
25    5-5-3 of the Unified Code of Corrections.
26        (g)  The Secretary of  State  shall  revoke  the  driving
27    privileges  of  any  person convicted under this Section or a
28    similar provision of a local ordinance.
29        (h)  Every person sentenced under subsection (d) of  this
30    Section  and  who receives a term of probation or conditional
31    discharge shall be required to serve a minimum term of either
32    30 days community service or,  beginning  July  1,  1993,  48
33    consecutive  hours  of  imprisonment  as  a  condition of the
34    probation or conditional discharge.  This  mandatory  minimum
 
SB745 Engrossed             -1217-             LRB9101253EGfg
 1    term of imprisonment or assignment of community service shall
 2    not be suspended and shall not be subject to reduction by the
 3    court.
 4        (i)  The  Secretary  of  State may use ignition interlock
 5    device  requirements  when   granting   driving   relief   to
 6    individuals who have been arrested for a second or subsequent
 7    offense  of  this  Section  or a similar provision of a local
 8    ordinance.   The  Secretary  shall  establish  by  rule   and
 9    regulation the procedures for use of the interlock system.
10    (Source: P.A.   89-8,  eff.  3-21-95;  89-156,  eff.  1-1-96;
11    89-203, eff.  7-21-95;  89-507,  eff.  7-1-97;  89-626,  eff.
12    8-9-96;  90-43,  eff.  7-2-97;  90-400, eff. 8-15-97; 90-611,
13    eff. 1-1-99;  90-655,  eff.  7-30-98;  90-738,  eff.  1-1-99;
14    90-779, eff. 1-1-99; revised 9-16-98.)

15        (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
16        Sec.  11-501.1.  Suspension of drivers license; statutory
17    summary  alcohol,  other  drug  or  drugs,  or   intoxicating
18    compound or compounds related suspension; implied consent.
19        (a)  Any  person  who  drives  or  is  in actual physical
20    control of a motor vehicle upon the public highways  of  this
21    State  shall  be deemed to have given consent, subject to the
22    provisions of Section 11-501.2, to a chemical test  or  tests
23    of blood, breath, or urine for the purpose of determining the
24    content  of  alcohol,  other  drug  or drugs, or intoxicating
25    compound or compounds  or  any  combination  thereof  in  the
26    person's blood if arrested, as evidenced by the issuance of a
27    Uniform Traffic Ticket, for any offense as defined in Section
28    11-501 or a similar provision of a local ordinance.  The test
29    or  tests  shall  be  administered  at  the  direction of the
30    arresting officer. The law enforcement agency  employing  the
31    officer shall designate which of the aforesaid tests shall be
32    administered.   A urine test may be administered even after a
33    blood or breath test or  both  has  been  administered.   For
 
SB745 Engrossed             -1218-             LRB9101253EGfg
 1    purposes of this Section, an Illinois law enforcement officer
 2    of this State who is investigating the person for any offense
 3    defined in Section 11-501 may travel into an adjoining state,
 4    where  the  person  has been transported for medical care, to
 5    complete an investigation and  to  request  that  the  person
 6    submit  to  the test or tests set forth in this Section.  The
 7    requirements of this Section that the person be arrested  are
 8    inapplicable,  but  the  officer  shall  issue  the  person a
 9    Uniform Traffic Ticket for an offense as defined  in  Section
10    11-501  or  a similar provision of a local ordinance prior to
11    requesting that the person submit to the test or tests.   The
12    issuance  of  the Uniform Traffic Ticket shall not constitute
13    an arrest, but shall be for  the  purpose  of  notifying  the
14    person  that  he  or she is subject to the provisions of this
15    Section and of the  officer's  belief  of  the  existence  of
16    probable  cause to arrest.  Upon returning to this State, the
17    officer shall  file  the  Uniform  Traffic  Ticket  with  the
18    Circuit  Clerk of the county where the offense was committed,
19    and shall seek the issuance of an arrest warrant or a summons
20    for the person.
21        (b)  Any person who  is  dead,  unconscious,  or  who  is
22    otherwise  in  a  condition rendering the person incapable of
23    refusal, shall be deemed not to have  withdrawn  the  consent
24    provided  by  paragraph  (a)  of this Section and the test or
25    tests may be  administered,  subject  to  the  provisions  of
26    Section 11-501.2.
27        (c)  A  person  requested to submit to a test as provided
28    above  shall  be  warned  by  the  law  enforcement   officer
29    requesting the test that a refusal to submit to the test will
30    result  in  the  statutory summary suspension of the person's
31    privilege to operate a motor vehicle as provided  in  Section
32    6-208.1  of this Code. The person shall also be warned by the
33    law enforcement officer that if the  person  submits  to  the
34    test  or  tests provided in paragraph (a) of this Section and
 
SB745 Engrossed             -1219-             LRB9101253EGfg
 1    the alcohol concentration in the person's blood or breath  is
 2    0.08  or  greater,  or  any  amount  of a drug, substance, or
 3    compound resulting from the unlawful use  or  consumption  of
 4    cannabis as covered by the Cannabis Control Act, a controlled
 5    substance  listed  in the Illinois Controlled Substances Act,
 6    or an intoxicating compound listed in the Use of Intoxicating
 7    Compounds Act is detected in the person's blood or  urine,  a
 8    statutory  summary  suspension  of  the person's privilege to
 9    operate a motor vehicle, as provided in Sections 6-208.1  and
10    11-501.1 of this Code, will, be imposed.
11        A  person  who  is  under  the  age of 21 at the time the
12    person is requested to submit to a  test  as  provided  above
13    shall,  in  addition  to  the  warnings  provided for in this
14    Section, be further warned by  the  law  enforcement  officer
15    requesting the test that if the person submits to the test or
16    tests  provided  in  paragraph  (a)  of  this Section and the
17    alcohol concentration in the person's  blood  or   breath  is
18    greater  than  0.00  and  less than 0.08, a suspension of the
19    person's privilege to operate a motor  vehicle,  as  provided
20    under  Sections  6-208.2  and  11-501.8 of this Code, will be
21    imposed.  The results of this test shall be admissible  in  a
22    civil or criminal action or proceeding arising from an arrest
23    for an offense as defined in Section 11-501 of this Code or a
24    similar provision of a local ordinance or pursuant to Section
25    11-501.4  in prosecutions for reckless homicide brought under
26    the Criminal Code of 1961. These test results, however, shall
27    be admissible only in actions or proceedings directly related
28    to the incident upon which the test request was made.
29        (d)  If the person refuses testing or submits to  a  test
30    that  discloses  an alcohol concentration of 0.08 or more, or
31    any amount of a drug, substance, or intoxicating compound  in
32    the  person's  breath,  blood,  or  urine  resulting from the
33    unlawful  use  or  consumption  of  cannabis  listed  in  the
34    Cannabis Control Act, a controlled substance  listed  in  the
 
SB745 Engrossed             -1220-             LRB9101253EGfg
 1    Illinois   Controlled  Substances  Act,  or  an  intoxicating
 2    compound listed in the Use of Intoxicating Compounds Act, the
 3    law enforcement officer  shall  immediately  submit  a  sworn
 4    report  to  the  circuit  court of venue and the Secretary of
 5    State,  certifying  that  the  test  or  tests  was  or  were
 6    requested under paragraph  (a)  and  the  person  refused  to
 7    submit  to  a  test,  or  tests, or submitted to testing that
 8    disclosed an alcohol concentration of 0.08 or more.
 9        (e)  Upon  receipt  of  the  sworn  report   of   a   law
10    enforcement   officer  submitted  under  paragraph  (d),  the
11    Secretary  of  State  shall  enter  the   statutory   summary
12    suspension  for the periods specified in Section 6-208.1, and
13    effective as provided in paragraph (g).
14        If the person is a first offender as defined  in  Section
15    11-500  of  this Code, and is not convicted of a violation of
16    Section 11-501 of this Code or a similar provision of a local
17    ordinance, then reports received by the  Secretary  of  State
18    under  this  Section shall, except during the actual time the
19    Statutory Summary Suspension  is  in  effect,  be  privileged
20    information  and for use only by the courts, police officers,
21    prosecuting authorities or the Secretary of State.
22        (f)  The law enforcement  officer  submitting  the  sworn
23    report  under  paragraph  (d) shall serve immediate notice of
24    the statutory  summary  suspension  on  the  person  and  the
25    suspension  shall  be effective as provided in paragraph (g).
26    In cases where the blood alcohol  concentration  of  0.08  or
27    greater  or  any  amount  of  a  drug, substance, or compound
28    resulting from the unlawful use or consumption of cannabis as
29    covered by the Cannabis Control Act, a  controlled  substance
30    listed  in  the  Illinois  Controlled  Substances  Act, or an
31    intoxicating compound  listed  in  the  Use  of  Intoxicating
32    Compounds  Act  is  established  by  a subsequent analysis of
33    blood or urine collected at the time of arrest, the arresting
34    officer or arresting agency shall give notice as provided  in
 
SB745 Engrossed             -1221-             LRB9101253EGfg
 1    this  Section  or by deposit in the United States mail of the
 2    notice in an envelope with postage prepaid and  addressed  to
 3    the  person  at  his  address as shown on the Uniform Traffic
 4    Ticket and the statutory summary suspension  shall  begin  as
 5    provided  in paragraph (g).  The officer shall confiscate any
 6    Illinois driver's license or permit on the person at the time
 7    of arrest. If the person has  a  valid  driver's  license  or
 8    permit,  the  officer  shall issue the person a receipt, in a
 9    form prescribed by the Secretary of State,  that  will  allow
10    that  person  to  drive  during  the  periods provided for in
11    paragraph (g). The  officer  shall  immediately  forward  the
12    driver's  license  or  permit  to  the circuit court of venue
13    along with the sworn report provided for in paragraph (d).
14        (g)  The statutory summary suspension referred to in this
15    Section shall take effect on the 46th day following the  date
16    the  notice  of the statutory summary suspension was given to
17    the person.
18        (h)  The  following  procedure  shall  apply  whenever  a
19    person is arrested for any  offense  as  defined  in  Section
20    11-501 or a similar provision of a local ordinance:
21        Upon receipt of the sworn report from the law enforcement
22    officer,  the  Secretary of State shall confirm the statutory
23    summary suspension by mailing a notice of the effective  date
24    of  the  suspension  to  the  person  and the court of venue.
25    However,  should  the  sworn  report  be  defective  by   not
26    containing  sufficient  information or be completed in error,
27    the confirmation of the statutory  summary  suspension  shall
28    not  be  mailed  to  the  person  or  entered to the record;,
29    instead, the sworn report shall be forwarded to the court  of
30    venue  with a copy returned to the issuing agency identifying
31    any defect.
32    (Source: P.A.  90-43,  eff.  7-2-97;  90-779,  eff.   1-1-99;
33    revised 10-31-98.)
 
SB745 Engrossed             -1222-             LRB9101253EGfg
 1        (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
 2        Sec.  11-501.6.  Driver involvement in personal injury or
 3    fatal motor vehicle accident - chemical test.
 4        (a)  Any person who drives or is in actual control  of  a
 5    motor  vehicle upon the public highways of this State and who
 6    has been involved in a personal injury or fatal motor vehicle
 7    accident, shall be deemed to have given consent to  a  breath
 8    test using a portable device as approved by the Department of
 9    Public  Health  or  to  a  chemical  test  or tests of blood,
10    breath, or urine for the purpose of determining  the  content
11    of  alcohol, other drug or drugs, or intoxicating compound or
12    compounds of such person's blood if arrested as evidenced  by
13    the issuance of a Uniform Traffic Ticket for any violation of
14    the  Illinois  Vehicle Code or a similar provision of a local
15    ordinance,  with  the  exception  of   equipment   violations
16    contained  in  Chapter 12 of this Code, or similar provisions
17    of local ordinances.  The test or tests shall be administered
18    at  the  direction  of  the  arresting  officer.    The   law
19    enforcement  agency  employing  the  officer  shall designate
20    which of the aforesaid tests shall be administered.  A  urine
21    test may be administered even after a blood or breath test or
22    both  has  been  administered.   Compliance with this Section
23    does not relieve such person from the requirements of Section
24    11-501.1 of this Code.
25        (b)  Any person  who  is  dead,  unconscious  or  who  is
26    otherwise  in  a condition rendering such person incapable of
27    refusal shall be deemed not to  have  withdrawn  the  consent
28    provided  by subsection (a) of this Section.  In addition, if
29    a driver of a vehicle is receiving  medical  treatment  as  a
30    result of a motor vehicle accident, any physician licensed to
31    practice  medicine, registered nurse or a phlebotomist acting
32    under the direction of a licensed  physician  shall  withdraw
33    blood  for  testing  purposes  to  ascertain  the presence of
34    alcohol, other drug or drugs,  or  intoxicating  compound  or
 
SB745 Engrossed             -1223-             LRB9101253EGfg
 1    compounds,  upon  the  specific  request of a law enforcement
 2    officer. However, no such testing shall be  performed  until,
 3    in  the  opinion  of  the  medical  personnel  on  scene, the
 4    withdrawal  can  be  made   without   interfering   with   or
 5    endangering the well-being of the patient.
 6        (c)  A  person  requested to submit to a test as provided
 7    above  shall  be  warned  by  the  law  enforcement   officer
 8    requesting  the test that a refusal to submit to the test, or
 9    submission to the test resulting in an alcohol  concentration
10    of  0.08  or  more,  or  any  amount of a drug, substance, or
11    intoxicating compound resulting  from  the  unlawful  use  or
12    consumption  of  cannabis, as covered by the Cannabis Control
13    Act, a controlled substance listed in the Illinois Controlled
14    Substances Act, or an intoxicating compound listed in the Use
15    of Intoxicating Compounds Act as detected  in  such  person's
16    blood or urine, may result in the suspension of such person's
17    privilege  to  operate  a  motor  vehicle.  The length of the
18    suspension shall be the same as outlined in  Section  6-208.1
19    of this Code regarding statutory summary suspensions.
20        (d)  If  the  person refuses testing or submits to a test
21    which discloses an alcohol concentration of 0.08 or more,  or
22    any  amount of a drug, substance, or intoxicating compound in
23    such person's blood or urine resulting from the unlawful  use
24    or  consumption  of  cannabis  listed in the Cannabis Control
25    Act, a controlled substance listed in the Illinois Controlled
26    Substances Act, or an intoxicating compound listed in the Use
27    of Intoxicating Compounds Act, the  law  enforcement  officer
28    shall  immediately  submit a sworn report to the Secretary of
29    State on a form prescribed by the Secretary, certifying  that
30    the  test  or tests were requested pursuant to subsection (a)
31    and the person refused to  submit  to  a  test  or  tests  or
32    submitted to testing which disclosed an alcohol concentration
33    of  0.08  or  more,  or  any  amount of a drug, substance, or
34    intoxicating  compound  in  such  person's  blood  or  urine,
 
SB745 Engrossed             -1224-             LRB9101253EGfg
 1    resulting from the unlawful use or  consumption  of  cannabis
 2    listed  in  the  Cannabis Control Act, a controlled substance
 3    listed in the  Illinois  Controlled  Substances  Act,  or  an
 4    intoxicating  compound  listed  in  the  Use  of Intoxicating
 5    Compounds Act.
 6        Upon receipt of the sworn report  of  a  law  enforcement
 7    officer,  the  Secretary  shall  enter  the suspension to the
 8    individual's driving  record  and  the  suspension  shall  be
 9    effective  on  the  46th day following the date notice of the
10    suspension was given to the person.
11        The law enforcement officer submitting the  sworn  report
12    shall serve immediate notice of this suspension on the person
13    and  such  suspension  shall  be  effective  on  the 46th day
14    following the date notice was given.
15        In The cases where the  blood  alcohol  concentration  of
16    0.08  or  more,  or  any  amount  of  a  drug,  substance, or
17    intoxicating compound resulting  from  the  unlawful  use  or
18    consumption  of  cannabis  as  listed in the Cannabis Control
19    Act, a controlled substance listed in the Illinois Controlled
20    Substances Act, or an intoxicating compound listed in the Use
21    of Intoxicating Compounds Act, is established by a subsequent
22    analysis of blood or urine collected at the time  of  arrest,
23    the  arresting  officer shall give notice as provided in this
24    Section or by deposit in  the  United  States  mail  of  such
25    notice  in  an envelope with postage prepaid and addressed to
26    such person at his address as shown on  the  Uniform  Traffic
27    Ticket  and the suspension shall be effective on the 46th day
28    following the date notice was given.
29        Upon receipt of the sworn report  of  a  law  enforcement
30    officer,   the  Secretary  shall  also  give  notice  of  the
31    suspension to the driver by mailing a notice of the effective
32    date of the suspension to the  individual.   However,  should
33    the  sworn  report  be defective by not containing sufficient
34    information or be completed  in  error,  the  notice  of  the
 
SB745 Engrossed             -1225-             LRB9101253EGfg
 1    suspension  shall  not  be mailed to the person or entered to
 2    the driving record, but rather  the  sworn  report  shall  be
 3    returned to the issuing law enforcement agency.
 4        (e)  A  driver may contest this suspension of his driving
 5    privileges by requesting an administrative hearing  with  the
 6    Secretary  in accordance with Section 2-118 of this Code.  At
 7    the conclusion of a hearing held under Section 2-118 of  this
 8    Code,  the  Secretary  may  rescind,  continue, or modify the
 9    order of suspension.  If the Secretary does not  rescind  the
10    order,  a  restricted  driving  permit  may be granted by the
11    Secretary upon application being made and good  cause  shown.
12    A  restricted  driving permit may be granted to relieve undue
13    hardship to allow driving for  employment,  educational,  and
14    medical  purposes  as outlined in Section 6-206 of this Code.
15    The provisions of Section 6-206 of this Code shall apply.
16        (f)  (Blank).
17        (g)  For the purposes of this Section, a personal  injury
18    shall  include  any type A injury as indicated on the traffic
19    accident report completed by a law enforcement  officer  that
20    requires   immediate   professional  attention  in  either  a
21    doctor's office or a medical facility.  A type A injury shall
22    include severely bleeding wounds, distorted extremities,  and
23    injuries  that  require  the injured party to be carried from
24    the scene.
25    (Source:  P.A.  90-43,  eff.  7-2-97;  90-779,  eff.  1-1-99;
26    revised 10-31-98.)

27        (625 ILCS 5/11-501.8)
28        Sec. 11-501.8.  Suspension of driver's  license;  persons
29    under age 21.
30        (a)  A  person  who  is less than 21 years of age and who
31    drives or is in actual physical control of  a  motor  vehicle
32    upon  the  public  highways  of this State shall be deemed to
33    have given consent to a chemical  test  or  tests  of  blood,
 
SB745 Engrossed             -1226-             LRB9101253EGfg
 1    breath,  or  urine for the purpose of determining the alcohol
 2    content of the person's blood if arrested,  as  evidenced  by
 3    the issuance of a Uniform Traffic Ticket for any violation of
 4    the  Illinois  Vehicle Code or a similar provision of a local
 5    ordinance, if a police officer has probable cause to  believe
 6    that the driver has  consumed  any  amount  of  an  alcoholic
 7    beverage   based  upon  evidence  of  the  driver's  physical
 8    condition  or  other  first  hand  knowledge  of  the  police
 9    officer.  The test or tests  shall  be  administered  at  the
10    direction  of  the  arresting  officer.   The law enforcement
11    agency employing the officer shall  designate  which  of  the
12    aforesaid  tests shall be administered.  A urine  test may be
13    administered even after a blood or breath test  or  both  has
14    been administered.
15        (b)  A  person  who  is  dead,  unconscious,  or  who  is
16    otherwise  in  a condition rendering that person incapable of
17    refusal,  shall be deemed not to have withdrawn  the  consent
18    provided  by  paragraph  (a)  of this Section and the test or
19    tests  may  be  administered   subject   to   the   following
20    provisions:
21             (i)  Chemical analysis of the person's blood, urine,
22        breath, or other bodily substance, to be considered valid
23        under  the  provisions  of  this Section, shall have been
24        performed  according  to  standards  promulgated  by  the
25        Department of Public  Health  in  consultation  with  the
26        Department  of State Police by an individual possessing a
27        valid permit issued by that Department for this  purpose.
28        The  Director  of  the  Department  of  Public Health, in
29        consultation with the  Department  of  State  Police,  is
30        authorized to approve satisfactory techniques or methods,
31        to   ascertain   the  qualifications  and  competence  of
32        individuals to conduct analyses, to  issue  permits  that
33        shall  be  subject  to  termination  or revocation at the
34        direction of that Department, and to certify the accuracy
 
SB745 Engrossed             -1227-             LRB9101253EGfg
 1        of breath testing equipment.  The Illinois Department  of
 2        Public Health shall prescribe regulations as necessary.
 3             (ii)  When  a  person submits to a blood test at the
 4        request of a law enforcement officer under the provisions
 5        of this Section, only a physician authorized to  practice
 6        medicine,  a  registered nurse, or other qualified person
 7        trained in venipuncture and acting under the direction of
 8        a licensed physician may withdraw blood for  the  purpose
 9        of   determining  the  alcohol  content  therein.    This
10        limitation does not apply to  the  taking  of  breath  or
11        urine specimens.
12             (iii)  The  person  tested  may  have  a  physician,
13        qualified technician, chemist, registered nurse, or other
14        qualified  person of his or her own choosing administer a
15        chemical test or tests in addition to any test  or  tests
16        administered  at  the  direction  of  a  law  enforcement
17        officer.    The   failure   or  inability  to  obtain  an
18        additional test  by  a  person  shall  not  preclude  the
19        consideration of the previously performed chemical test.
20             (iv)  Upon  a request of the person who submits to a
21        chemical  test  or  tests  at  the  request  of   a   law
22        enforcement officer, full information concerning the test
23        or  tests  shall  be made available to the person or that
24        person's attorney.
25             (v)  Alcohol concentration  means  either  grams  of
26        alcohol  per 100 milliliters of blood or grams of alcohol
27        per 210 liters of breath.
28             (vi)  If a driver is receiving medical treatment  as
29        a  result  of  a  motor  vehicle  accident,  a  physician
30        licensed to practice medicine, registered nurse, or other
31        qualified person trained in venipuncture and acting under
32        the  direction  of  a  licensed  physician shall withdraw
33        blood for testing purposes to ascertain the  presence  of
34        alcohol  upon  the  specific request of a law enforcement
 
SB745 Engrossed             -1228-             LRB9101253EGfg
 1        officer.  However, that testing shall  not  be  performed
 2        until,  in the opinion of the medical personnel on scene,
 3        the withdrawal can be made without  interfering  with  or
 4        endangering the well-being of the patient.
 5        (c)  A  person  requested to submit to a test as provided
 6    above  shall  be  warned  by  the  law  enforcement   officer
 7    requesting the test that a refusal to submit  to the test, or
 8    submission  to the test resulting in an alcohol concentration
 9    of more than 0.00, may  result in the loss of  that  person's
10    privilege  to  operate  a motor vehicle.  The loss of driving
11    privileges  shall  be  imposed  in  accordance  with  Section
12    6-208.2 of this Code.
13        (d)  If the person refuses testing or submits to  a  test
14    that  discloses  an  alcohol concentration of more than 0.00,
15    the law enforcement officer shall immediately submit a  sworn
16    report  to the Secretary of State on a form prescribed by the
17    Secretary of State, certifying that the test  or  tests  were
18    requested  under  subsection  (a)  and  the person refused to
19    submit to a test or  tests  or  submitted  to  testing  which
20    disclosed  an  alcohol  concentration of more than 0.00.  The
21    law enforcement officer shall submit the  same  sworn  report
22    when  a  person  under the age of 21 submits to testing under
23    Section 11-501.1 of this Code and the  testing  discloses  an
24    alcohol concentration of more than 0.00 and less than 0.08.
25        Upon  receipt  of  the  sworn report of a law enforcement
26    officer, the Secretary of  State  shall  enter  the  driver's
27    license  sanction  on the individual's driving record and the
28    sanctions shall be effective on the 46th  day  following  the
29    date notice of the sanction was given to the person.  If this
30    sanction   is   the   individual's   first  driver's  license
31    suspension  under  this  Section,  reports  received  by  the
32    Secretary of State under this Section  shall,  except  during
33    the   time   the  suspension  is  in  effect,  be  privileged
34    information and for use only by the courts, police  officers,
 
SB745 Engrossed             -1229-             LRB9101253EGfg
 1    prosecuting  authorities,  the  Secretary  of  State,  or the
 2    individual personally.
 3        The law enforcement officer submitting the  sworn  report
 4    shall   serve  immediate  notice  of  this  driver's  license
 5    sanction on the person and the sanction shall be effective on
 6    the 46th day following the date notice was given.
 7        In cases where the blood alcohol  concentration  of  more
 8    than 0.00 is established by a subsequent analysis of blood or
 9    urine,  the   police  officer  or arresting agency shall give
10    notice as provided in this Section   or  by  deposit  in  the
11    United States mail of that notice in an envelope with postage
12    prepaid  and  addressed  to  that  person  at  his last known
13    address and the loss of driving privileges shall be effective
14    on the 46th day following the date notice was given.
15        Upon receipt of the sworn report  of  a  law  enforcement
16    officer, the Secretary of State shall also give notice of the
17    driver's  license  sanction to the driver by mailing a notice
18    of the effective date of  the  sanction  to  the  individual.
19    However,   should  the  sworn  report  be  defective  by  not
20    containing sufficient information or be completed  in  error,
21    the notice of the driver's license sanction may not be mailed
22    to  the  person  or entered to the driving record, but rather
23    the sworn  report  shall  be  returned  to  the  issuing  law
24    enforcement agency.
25        (e)  A  driver may contest this driver's license sanction
26    by requesting an administrative hearing with the Secretary of
27    State in accordance with Section  2-118  of  this  Code.   An
28    individual  whose  blood alcohol concentration is shown to be
29    more than 0.00 is not subject to this Section if  he  or  she
30    consumed alcohol in the performance of a religious service or
31    ceremony.  An individual whose blood alcohol concentration is
32    shown to be more than 0.00  shall  not  be  subject  to  this
33    Section  if  the  individual's  blood  alcohol  concentration
34    resulted only from ingestion of the prescribed or recommended
 
SB745 Engrossed             -1230-             LRB9101253EGfg
 1    dosage  of  medicine that contained alcohol. The petition for
 2    that hearing shall not stay or delay the  effective  date  of
 3    the impending suspension.  The scope of this hearing shall be
 4    limited to the issues of:
 5             (1)  whether  the  police officer had probable cause
 6        to believe that the  person  was  driving  or  in  actual
 7        physical  control  of  a  motor  vehicle  upon the public
 8        highways of the State and the police officer  had  reason
 9        to  believe  that  the  person  was  in  violation of any
10        provision of the  Illinois  Vehicle  Code  or  a  similar
11        provision of a local ordinance; and
12             (2)  whether the person was issued a Uniform Traffic
13        Ticket  for any violation of the Illinois Vehicle Code or
14        a similar provision of a local ordinance; and
15             (3)  whether the police officer had  probable  cause
16        to  believe that the driver had consumed any amount of an
17        alcoholic  beverage  based  upon  the  driver's  physical
18        actions or  other  first-hand  knowledge  of  the  police
19        officer; and
20             (4)  whether  the person, after being advised by the
21        officer that the privilege to  operate  a  motor  vehicle
22        would be suspended if the person refused to submit to and
23        complete  the  test  or tests, did refuse to submit to or
24        complete the test or  tests  to  determine  the  person's
25        alcohol concentration; and or
26             (5)  whether  the person, after being advised by the
27        officer that the privileges to operate  a  motor  vehicle
28        would  be  suspended  if the person submits to a chemical
29        test or tests and the test or tests disclose  an  alcohol
30        concentration  of  more  than  0.00,  and  the person did
31        submit to and complete the test or tests that  determined
32        an alcohol concentration of more than 0.00; and
33             (6)  whether   the   test   result   of  an  alcohol
34        concentration of  more  than  0.00  was  based  upon  the
 
SB745 Engrossed             -1231-             LRB9101253EGfg
 1        person's  consumption  of alcohol in the performance of a
 2        religious service or ceremony; and or
 3             (7)  whether  the  test   result   of   an   alcohol
 4        concentration  of  more  than  0.00  was  based  upon the
 5        person's consumption of alcohol through ingestion of  the
 6        prescribed or recommended dosage of medicine.
 7        Provided  that  the  petitioner may subpoena the officer,
 8    the hearing may  be  conducted  upon  a  review  of  the  law
 9    enforcement  officer's  own  official reports. Failure of the
10    officer to  answer  the  subpoena  shall  be  grounds  for  a
11    continuance  if,  in  the  hearing  officer's discretion, the
12    continuance  is  appropriate.    At  the  conclusion  of  the
13    hearing held under Section 2-118 of this Code, the  Secretary
14    of  State  may  rescind,  continue,  or  modify  the driver's
15    license sanction.  If the Secretary of State does not rescind
16    the sanction, a restricted driving permit may be  granted  by
17    the  Secretary  of State upon application being made and good
18    cause shown. A restricted driving permit may  be  granted  to
19    relieve  undue  hardship  by allowing driving for employment,
20    educational, and medical purposes as outlined in item (3)  of
21    part  (c)  of  Section 6-206 of this Code.  The provisions of
22    item (3) of part (c) of Section  6-206  of  this  Code  shall
23    apply.    The  Secretary  of  State  shall  promulgate  rules
24    providing for  participation  in  an  alcohol  education  and
25    awareness program or activity, a drug education and awareness
26    program  or  activity, or both as a condition to the issuance
27    of a restricted driving permit for suspensions imposed  under
28    this Section.
29        (f)  The  results  of  any  chemical testing performed in
30    accordance with  subsection  (a)  of  this  Section  are  not
31    admissible  in  any civil or criminal proceeding, except that
32    the results of the testing may be  considered  at  a  hearing
33    held  under Section 2-118 of this Code.  However, the results
34    of the testing may not be used  to  impose  driver's  license
 
SB745 Engrossed             -1232-             LRB9101253EGfg
 1    sanctions  under  Section  11-501.1  of  this  Code.   A  law
 2    enforcement  officer may, however, pursue a statutory summary
 3    suspension of driving privileges under  Section  11-501.1  of
 4    this  Code if other physical evidence or first hand knowledge
 5    forms the basis of that suspension.
 6        (g)  This Section applies only to drivers who  are  under
 7    age  21  at  the  time  of  the issuance of a Uniform Traffic
 8    Ticket for a violation of the  Illinois  Vehicle  Code  or  a
 9    similar  provision  of a local ordinance, and a chemical test
10    request is made under this Section.
11        (h)  The action of the Secretary of State in  suspending,
12    revoking,  or  denying  any license, permit, registration, or
13    certificate of title shall be subject to judicial  review  in
14    the  Circuit Court of Sangamon County or in the Circuit Court
15    of Cook County, and  the  provisions  of  the  Administrative
16    Review  Law  and its rules are hereby adopted and shall apply
17    to and govern every action for the judicial review  of  final
18    acts  or  decisions  of  the  Secretary  of  State under this
19    Section.
20    (Source: P.A. 90-43, eff. 7-2-97; revised 10-31-98.)

21        (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
22        Sec. 12-215.  Oscillating, rotating or flashing lights on
23    motor vehicles. Except as otherwise provided in this Code:
24        (a)  The use of red or  white  oscillating,  rotating  or
25    flashing  lights, whether lighted or unlighted, is prohibited
26    except on:
27             1.  Law enforcement vehicles of  State,  Federal  or
28        local authorities;
29             2.  A vehicle operated by a police officer or county
30        coroner   and   designated   or   authorized   by   local
31        authorities,  in  writing,  as a law enforcement vehicle;
32        however,  such  designation  or  authorization  must   be
33        carried in the vehicle;
 
SB745 Engrossed             -1233-             LRB9101253EGfg
 1             3.  Vehicles  of local fire departments and State or
 2        federal firefighting vehicles;
 3             4.  Vehicles which are designed and used exclusively
 4        as  ambulances  or  rescue  vehicles;  furthermore,  such
 5        lights shall not be lighted except when responding to  an
 6        emergency  call for and while actually conveying the sick
 7        or injured; and
 8             5.  Tow trucks licensed in  a  state  that  requires
 9        such  lights;  furthermore,  such  lights  shall  not  be
10        lighted  on  any  such  tow  truck while the tow truck is
11        operating in the State of Illinois.
12        (b)  The use of amber oscillating, rotating  or  flashing
13    lights,  whether  lighted  or unlighted, is prohibited except
14    on:
15             1.  Second division vehicles designed and  used  for
16        towing  or  hoisting  vehicles;  furthermore, such lights
17        shall not be lighted except as required in this paragraph
18        1; such lights shall be lighted when  such  vehicles  are
19        actually  being  used   at  the  scene  of an accident or
20        disablement; if the towing vehicle  is  equipped  with  a
21        flat  bed  that  supports all wheels of the vehicle being
22        transported, the lights shall not be  lighted  while  the
23        vehicle  is engaged in towing on a highway; if the towing
24        vehicle is not equipped with a flat bed that supports all
25        wheels of a vehicle being transported, the  lights  shall
26        be  lighted while the towing vehicle is engaged in towing
27        on a highway during all times when the use of  headlights
28        is required under Section 12-201 of this Code;
29             2.  Motor  vehicles  or  equipment  of  the State of
30        Illinois, local authorities and contractors; furthermore,
31        such lights  shall  not  be  lighted  except  while  such
32        vehicles  are  engaged  in  maintenance  or  construction
33        operations within the limits of construction projects;
34             3.  Vehicles  or  equipment  used  by engineering or
 
SB745 Engrossed             -1234-             LRB9101253EGfg
 1        survey crews;  furthermore,  such  lights  shall  not  be
 2        lighted  except  while such vehicles are actually engaged
 3        in work on a highway;
 4             4.  Vehicles of public utilities, municipalities, or
 5        other construction,  maintenance  or  automotive  service
 6        vehicles except that such lights shall be lighted only as
 7        a  means  for  indicating  the  presence  of  a vehicular
 8        traffic hazard requiring  unusual  care  in  approaching,
 9        overtaking  or passing while such vehicles are engaged in
10        maintenance, service or construction on a highway;
11             5.  Oversized vehicle or load; however, such  lights
12        shall  only be lighted when moving under permit issued by
13        the Department under Section 15-301 of this Code;
14             6.  The front and rear of motorized equipment  owned
15        and  operated  by  the State of Illinois or any political
16        subdivision thereof,  which  is  designed  and  used  for
17        removal of snow and ice from highways;
18             7.  Fleet  safety  vehicles  registered  in  another
19        state,  furthermore,  such  lights  shall  not be lighted
20        except as provided for in Section 12-212 of this Code;
21             8.  Such other vehicles  as  may  be  authorized  by
22        local authorities;
23             9.  Law  enforcement  vehicles  of  State  or  local
24        authorities   when   used   in   combination   with   red
25        oscillating, rotating or flashing lights;
26             10.  Vehicles used for collecting or delivering mail
27        for  the  United States Postal Service provided that such
28        lights shall not be lighted except when such vehicles are
29        actually being used for such purposes;
30             11.  Any vehicle displaying  a  slow-moving  vehicle
31        emblem as provided in Section 12-205.1;
32             12.  All  trucks  equipped  with  self-compactors or
33        roll-off hoists and roll-on  containers  for  garbage  or
34        refuse  hauling.  Such lights shall not be lighted except
 
SB745 Engrossed             -1235-             LRB9101253EGfg
 1        when such vehicles  are  actually  being  used  for  such
 2        purposes;
 3             13.  Vehicles  used  by  a  security  company, alarm
 4        responder, or control agency, if  the  security  company,
 5        alarm responder, or control agency is bound by a contract
 6        with  a federal, State, or local government entity to use
 7        the lights; and
 8             14.  Security vehicles of the  Department  of  Human
 9        Services; however, the lights shall not be lighted except
10        when  being  used for security related purposes under the
11        direction of the superintendent of the facility where the
12        vehicle is located.
13        (c)  The use of blue oscillating,  rotating  or  flashing
14    lights, whether lighted or unlighted, is prohibited except on
15    :
16             1.  Rescue  squad  vehicles  not  owned  by  a  fire
17        department and On vehicles owned or fully operated by a:
18                  voluntary firefighter;
19                  paid firefighter;
20                  part-paid firefighter;
21                  call firefighter;
22                  member  of  the  board  of  trustees  of a fire
23             protection district;
24                  paid or unpaid member of a rescue squad; or
25                  paid or unpaid member of a voluntary  ambulance
26             unit.;
27                  rescue  squad  vehicles  not  owned  by  a fire
28             department.
29             However, such lights are not to  be  lighted  except
30        when responding to a bona fide emergency.
31             2.  Police  department  vehicles  in cities having a
32        population of 500,000 or more inhabitants.
33             3.  Law  enforcement  vehicles  of  State  or  local
34        authorities   when   used   in   combination   with   red
 
SB745 Engrossed             -1236-             LRB9101253EGfg
 1        oscillating, rotating or flashing lights.
 2             4.  Vehicles of local fire departments and State  or
 3        federal  firefighting  vehicles  when used in combination
 4        with red oscillating, rotating or flashing lights.
 5             5.  Vehicles which are designed and used exclusively
 6        as ambulances or rescue vehicles when used in combination
 7        with  red  oscillating,  rotating  or  flashing   lights;
 8        furthermore, such lights shall not be lighted except when
 9        responding to an emergency call.
10             6.  Vehicles  that are equipped and used exclusively
11        as organ transport vehicles when used in combination with
12        red   oscillating,   rotating,   or   flashing    lights;
13        furthermore,  these lights shall only be lighted when the
14        transportation is declared an emergency by  a  member  of
15        the  transplant  team  or  a  representative of the organ
16        procurement organization.
17        (d)  The  use  of  a  combination  of  amber  and   white
18    oscillating,  rotating or flashing lights, whether lighted or
19    unlighted, is prohibited, except motor vehicles or  equipment
20    of  the  State of Illinois, local authorities and contractors
21    may be so equipped; furthermore, such  lights  shall  not  be
22    lighted  except  while  such  vehicles are engaged in highway
23    maintenance or construction operations within the  limits  of
24    highway construction projects.
25        (e)  All   oscillating,   rotating   or  flashing  lights
26    referred to in this Section shall be of sufficient intensity,
27    when illuminated,  to  be  visible  at  500  feet  in  normal
28    sunlight.
29        (f)  Nothing   in   this   Section   shall   prohibit   a
30    manufacturer  of  oscillating, rotating or flashing lights or
31    his representative from temporarily mounting such lights on a
32    vehicle for demonstration purposes only.
33        (g)  Any person violating the provisions  of  subsections
34    (a),  (b),  (c)  or  (d)  of  this Section who without lawful
 
SB745 Engrossed             -1237-             LRB9101253EGfg
 1    authority stops or detains or  attempts  to  stop  or  detain
 2    another person shall be guilty of a Class 4 felony.
 3        (h)  Except  as  provided  in  subsection  (g) above, any
 4    person violating the provisions of subsections (a) or (c)  of
 5    this Section shall be guilty of a Class A misdemeanor.
 6    (Source:  P.A.  89-433,  eff.  12-15-95; 89-507, eff. 7-1-97;
 7    90-330,  eff.  8-8-97;  90-347,  eff.  1-1-98;  90-655,  eff.
 8    7-30-98; revised 10-31-98.)

 9        (625 ILCS 5/15-302) (from Ch. 95 1/2, par. 15-302)
10        Sec. 15-302. Fees for  special  permits.  The  Department
11    with respect to highways under its jurisdiction shall collect
12    a  fee  from  the  applicant  for the issuance of a permit to
13    operate or move a vehicle or combination of vehicles or  load
14    as  authorized  in Section 15-301. The charge for each permit
15    shall consist of:;
16             1.  a service  charge  for  special  handling  of  a
17        permit when requested by an applicant;
18             2.  fees  for  any  dimension,  axle weight or gross
19        weight in excess of the maximum size or weight  specified
20        in this Chapter; and
21             3.  additional fees for special investigations as in
22        Section  15-311  and  special police escort as in Section
23        15-312 when required.
24        With respect to overweight  fees,  the  charge  shall  be
25    sufficient  to  compensate  in part for the cost of the extra
26    wear and tear on the mileage of highways over which the  load
27    is  to  be moved. With respect to over-dimension permits, the
28    fee shall be sufficient to compensate in part for the special
29    privilege  of  transporting  oversize  vehicle   or   vehicle
30    combination  and  load  and  to  compensate  in  part for the
31    economic loss of operators of vehicles in  regular  operation
32    due to inconvenience occasioned by the oversize movements.
33        Fees  to  be paid by the applicant are to be at the rates
 
SB745 Engrossed             -1238-             LRB9101253EGfg
 1    specified in this Chapter. In determining the fees in Section
 2    15-306 and paragraph (f) of Section 15-307, all weights shall
 3    be to the next highest 1,000 pounds and all  distances  shall
 4    be determined from the Illinois Official Highway Map.
 5        For  repeated  moves  of  like  objects  which  cannot be
 6    dismantled  or  disassembled  and  which  are  monolithically
 7    structured for permanent use in  the  transported  form,  the
 8    fees  specified  in  Sections  15-305,  15-306 and 15-307 for
 9    other than the first move shall be reduced by $4 provided the
10    objects are to be moved from the  same  origin  to  the  same
11    destination, the number of trips will not be less than 5, the
12    trips  will be completed within 30 days, and all applications
13    are submitted at one time. Round trip permits  shall  be  the
14    same as a single trip permit except the fee shall be computed
15    based  upon the total distance traveled, and shall be for the
16    same vehicle, vehicle combination or like load traveling both
17    directions  over  the  same  route,  provided  a  description
18    including make and model of the equipment  being  transported
19    is  furnished  to  the  Department,  except  that  a  vehicle
20    combination  registered  by  the  Department  as  provided in
21    Section  15-319  may  be  one  of  the  same  class.  Limited
22    continuous operation permits are to be valid for a period  of
23    90  days  or  one  year,  and  shall be for the same vehicle,
24    vehicle combination or like load.
25    (Source: P.A. 89-219, eff. 1-1-96; revised 10-31-98.)

26        (625 ILCS 5/16-104) (from Ch. 95 1/2, par. 16-104)
27        Sec. 16-104. Penalties for misdemeanor. (a) Every  person
28    convicted  of  a  violation of any provision of this Code Act
29    for which another penalty is not provided shall, for a  first
30    or  second conviction thereof, be guilty of a petty offense ;
31    and, for a third or subsequent  conviction  within  one  year
32    after  the first conviction, such person shall be guilty of a
33    Class C misdemeanor.
 
SB745 Engrossed             -1239-             LRB9101253EGfg
 1    (Source: P.A. 80-911; revised 10-31-98.)

 2        (625 ILCS 5/18a-501) (from Ch. 95 1/2, par. 18a-501)
 3        Sec.  18a-501.    Liens   against   relocated   vehicles.
 4    Unauthorized  vehicles  removed  and  stored  by a commercial
 5    vehicle relocator in compliance with this  Chapter  shall  be
 6    subject  to  a  possessory  lien for services pursuant to the
 7    Labor and Storage Lien (Small Amount) Act "An Act  concerning
 8    liens  for labor, services, skill or materials furnished upon
 9    or storage furnished for chattels",  and  the  provisions  of
10    Section  1 of that Act relating to notice and implied consent
11    shall be deemed satisfied by compliance with Section  18a-302
12    and item (10) subsection (6)  of Section 18a-300. In no event
13    shall such lien be greater than the rate or rates established
14    in  accordance  with  item (6) of Section 18a-200 18a-200(3).
15    In no event shall  such  lien  be  increased  or  altered  to
16    reflect  any  charge  for  services  or materials rendered in
17    addition to those authorized by this Act.   Every  such  lien
18    shall be payable by use of any major credit card, in addition
19    to  being  payable in cash. Upon receipt of a properly signed
20    credit card receipt, a relocator shall become a holder in due
21    course, and neither the holder of the  credit  card  nor  the
22    company which issued the credit card may thereafter refuse to
23    remit  payment in the amount shown on the credit card receipt
24    minus the ordinary charge assessed by the credit card company
25    for  processing  the  charge.   The  Commission   may   adopt
26    regulations   governing  acceptance  of  credit  cards  by  a
27    relocator.
28    (Source: P.A. 85-923; revised 10-31-98.)

29        (625 ILCS 5/18c-1102) (from Ch. 95 1/2, par. 18c-1102)
30        Sec. 18c-1102.  Legislative Intent. The General  Assembly
31    finds that:
32             (a)  a   comprehensive  recodification  of  existing
 
SB745 Engrossed             -1240-             LRB9101253EGfg
 1        transportation regulatory statutes is  needed  to  delete
 2        obsolete provisions and facilitate a coordinated approach
 3        to  regulation  of  motor  carriers,  rail  carriers, and
 4        brokers;
 5             (b)  the  accelerating  pace  of   change   in   the
 6        transportation  industry,  as  an  outgrowth  of changing
 7        economic conditions and federal legislation, necessitates
 8        the streamlining of regulatory procedures  to  allow  for
 9        prompt  action  to protect the interests of the people of
10        the State of Illinois; and
11             (c)  an increasing incidence of unlawful activity by
12        unlicensed carriers  and  others  has  rendered  existing
13        enforcement mechanisms inadequate.; and
14        (d)  Where  the language of any provision in this Chapter
15    is substantially similar to the language in  the  predecessor
16    statute,  the  legislative  intent  expressed in this Chapter
17    shall be the same as the legislative intent embodied  in  the
18    predecessor  statute as construed by the courts of this State
19    and, where appropriate, reports of the Illinois Motor Vehicle
20    Laws Commission.
21    (Source: P.A. 89-42, eff. 1-1-96; revised 10-31-98.)

22        (625 ILCS 5/18c-1205) (from Ch. 95 1/2, par. 18c-1205)
23        Sec.   18c-1205.   Qualifications    of    Transportation
24    Compliance Program Staff.
25        (1)  General    provisions.    The    manager    of   the
26    Transportation Division shall establish and adhere to written
27    professional standards and  procedures  for  the  employment,
28    education  and  training,  performance  and  dismissal of all
29    nonclerical compliance program personnel. Such standards  and
30    procedures shall include:
31             (a)  Merit  standards  and procedures, and education
32        requirements, applicable to State troopers, and  training
33        requirements  at least equivalent to that received from a
 
SB745 Engrossed             -1241-             LRB9101253EGfg
 1        police training school approved  by  the  Illinois  Local
 2        Governmental  Law Enforcement Officers Training Standards
 3        Board, together with such  additional  qualifications  as
 4        are  needed under this Chapter, for all nonclerical field
 5        operations personnel;
 6             (b)  Successful   completion   of   an    accredited
 7        accounting  or  transportation-related education program,
 8        or at least 4 years  experience  in  motor  carrier  rate
 9        analysis or auditing, plus such additional qualifications
10        as  are  needed  under  this Chapter, for all nonclerical
11        rate auditing personnel; and
12             (c)  Successful completion of an accredited legal or
13        paralegal education program, or equivalent administrative
14        law experience, plus such  additional  qualifications  as
15        are  needed under this Chapter, for all nonclerical civil
16        penalties program personnel.
17        (2)  Merit Selection Committee.  Standards and procedures
18    under this Section for police shall include the establishment
19    of one or more merit selection committees, each  composed  of
20    one Commission employee and no fewer than 3, nor more than 5,
21    persons  who are not employed by the Commission, each of whom
22    shall from  time  to  time  be  designated  by  the  division
23    manager,  subject  to  the  approval  of the Commission.  The
24    division manager shall submit a list  of  candidates  to  the
25    committee or subcommittee thereof for its consideration.  The
26    committee   or  subcommittee  thereof  shall  interview  each
27    candidate on the list and rate  those  interviewed  as  "most
28    qualified",  "qualified",  or "not qualified".  The committee
29    shall  recommend  candidates  rated  "most   qualified"   and
30    "qualified" to the division manager.  In filling positions to
31    which  this Section applies, the division manager shall first
32    offer the position to persons rated "most qualified".  If all
33    persons rated "most qualified" have been offered the position
34    and each failed to accept the offer within the time specified
 
SB745 Engrossed             -1242-             LRB9101253EGfg
 1    by the division manager in the offer,  the  position  may  be
 2    offered  to  a  person rated "qualified".  Only persons rated
 3    "most qualified" or "qualified" shall  be  offered  positions
 4    within the Compliance Program.
 5    (Source: P.A. 88-415; 89-444, eff. 1-25-96; revised 7-10-98.)

 6        (625 ILCS 5/18c-1705) (from Ch. 95 1/2, par. 18c-1705)
 7        Sec.  18c-1705.   Expedited  Enforcement Procedures.  (1)
 8    Expedited procedures.  The Commission shall, within  60  days
 9    from  the  effective  date  of  this  amendatory Act of 1987,
10    implement expedited administrative enforcement procedures.
11        (a)  Initiation     of     Administrative     Enforcement
12    Proceedings.  The  Transportation  Division  Manager  or  his
13    designee shall have the power to issue, or refuse to issue, a
14    notice  or citation instituting an administrative enforcement
15    proceeding.
16        (b)  Settlement    of    Enforcement    Proceedings    by
17    Stipulation.
18             (i)  Power   to    Negotiate    Settlements.     The
19        Transportation  Division  Manager  or  his designee shall
20        have the power to negotiate and sign proposed settlements
21        of enforcement proceedings by written stipulation.
22             (ii)  Review and Acceptance  of  Stipulations.   The
23        Commission   shall   provide   for  any  appropriate  and
24        necessary review of proposed settlements within  30  days
25        after  a  stipulation is signed by the parties.  Unless a
26        stipulation is suspended  for  review  by  order  of  the
27        Commission  served  within  30 calendar days after it was
28        signed by the parties, it shall  be  deemed  accepted  by
29        operation of law.  A stipulation which has been suspended
30        for review shall likewise be deemed accepted by operation
31        of  law  unless it is rejected by order of the Commission
32        served  within  45  days  after  it  was  suspended.    A
33        stipulation   which   is   deemed   accepted  under  this
 
SB745 Engrossed             -1243-             LRB9101253EGfg
 1        sub-paragraph  shall  become  effective  and   shall   be
 2        enforceable  in  the  same  manner  as  an  order  of the
 3        Commission.
 4             (iii)  Administrative   Appeal    of    Settlements.
 5        Administrative  appeal  of  a  stipulation which has been
 6        approved by order of the Commission or  by  operation  of
 7        law  shall  be by motion for rehearing or reconsideration
 8        in accordance with Section 18c-2110 of this Chapter.  The
 9        right to administratively  appeal  a  settlement  may  be
10        waived by written stipulation.
11    (Source: P.A. 86-1005; 86-1166; revised 10-31-98.)

12        (625 ILCS 5/18c-2402) (from Ch. 95 1/2, par. 18c-2402)
13        Sec.  18c-2402.   Venue  and  Jurisdiction  in Actions to
14    Enforce this Chapter.
15        (1)  Venue.
16        (a)  Venue in Suits for Criminal  Misdemeanor  Penalties.
17    Actions  in  which  criminal misdemeanor penalties are sought
18    may be brought in the county where any part  of  the  subject
19    matter  is  located, or part of the violation(s) occurred, or
20    the arrest was made, and venue shall lie in that county;  the
21    case  may  be  transferred  to  another  county only with the
22    approval of the court and the agreement of the parties.
23        (b)  Venue in  Actions  Other  Than  Suits  for  Criminal
24    Penalties.   Actions  to  enforce  this  Chapter,  Commission
25    regulations   and  orders,  other  than  suits  for  criminal
26    misdemeanor penalties, may be brought in the  circuit  courts
27    of  any  county  in  which  any part of the subject matter is
28    located, or any part of the violation(s) occurred;  the  case
29    may  be  transferred to another county only with the approval
30    of the court and the agreement of the parties.
31    (Source: P.A. 85-553; revised 10-31-98.)

32        (625 ILCS 5/18c-4701) (from Ch. 95 1/2, par. 18c-4701)
 
SB745 Engrossed             -1244-             LRB9101253EGfg
 1        Sec. 18c-4701.  Insignia on Vehicles.
 2        (1)  General Requirements to be Prescribed by Commission.
 3    Except as otherwise provided in this Section,  no  intrastate
 4    carrier shall operate any motor vehicle upon the public roads
 5    of  this  State  unless  there  is painted or affixed to both
 6    sides of the cab or  power  unit,  in  accordance  with  such
 7    specifications  as  the  Commission  may prescribe, the trade
 8    name of the carrier as it appears on the carrier's license or
 9    the carrier's recognized logo, together with the license  and
10    registration  number of the carrier.  Likewise, no interstate
11    carrier shall operate any motor vehicle upon the public roads
12    of this State unless there is  painted  or  affixed  to  both
13    sides  of  the  cab  or  power  unit, in accordance with such
14    specifications  as  the   Commission   may   prescribe,   the
15    registration or authority number of the carrier.
16        (2)  Use  of  ICC-Prescribed Identification.  Identifying
17    information prescribed by the Interstate Commerce  Commission
18    may be used in satisfaction of requirements established under
19    this  Section,  including  special orders granting a petition
20    for waiver of Sections 1057.22(a) and 1057.22(c)(2) and  (4),
21    as  they  relate  to  equipment  receipts,  of  the Lease and
22    Interchange of Vehicle Regulations (49 CFR CRF 1057), in lieu
23    of numbers or symbols prescribed by the Commission.
24        (3)  Identification of Trip Lessees.  Notwithstanding any
25    other provision of this Section  to  the  contrary,  a  motor
26    vehicle   trip   leased  in  accordance  with  this  Chapter,
27    Commission regulations and orders shall not  be  required  to
28    bear the name and license number of the lessee if:
29             (a)  the motor vehicle bears the name and license or
30        registration  number  of  the  lessor  in accordance with
31        subsection (1) of this  Section,  Commission  regulations
32        and orders;
33             (b)  the lessor and lessee are commonly-owned; and
34             (c)  the  vehicle  carries  a  photocopy of a letter
 
SB745 Engrossed             -1245-             LRB9101253EGfg
 1        signed by  the  lessor,  on  file  with  the  Commission,
 2        stating that the lessor and lessee are commonly-owned.
 3        (4)  Rules  not superseded. The authority of the Illinois
 4    Commerce Commission to regulate the identification  of  motor
 5    vehicles  of  intrastate  and interstate carriers, engaged in
 6    the  transportation  of  hazardous   materials,   shall   not
 7    supersede  or  replace  the  rules  and  regulations  of  the
 8    Illinois  Department  of  Transportation  and  Federal  Motor
 9    Carrier  Safety  regulations  Part  390.21, as relates now or
10    hereafter  to  the  markings  and  identification   of   such
11    vehicles.
12        (5)  Identification  on vehicles under 9,000 pounds gross
13    vehicle weight (GVW).  Vehicles with a gross  vehicle  weight
14    (GVW)  less  than 9,000 pounds may, in lieu of identification
15    required under subsection (1) of  this  Section  display  the
16    trade  name  of  the  carrier  as it appears on the carrier's
17    license or the carrier's recognized logo, together  with  the
18    license and registration number of the carrier in such manner
19    as  to  be clearly legible and visible from both sides of the
20    vehicle at a distance of 25 feet, when the vehicle is not  in
21    motion,  and  in  accordance  with such specifications as the
22    Commission may prescribe.
23    (Source: P.A. 88-415; revised 10-31-98.)

24        (625 ILCS 5/18c-6102) (from Ch. 95 1/2, par. 18c-6102)
25        Sec. 18c-6102.  Exemptions From Commission Jurisdiction.
26    The provisions of  this  Sub-chapter  shall  not,  except  as
27    provided in Section 18c-6501 of this Chapter, apply to:
28        (1)  carriers  owned by any political subdivision, school
29    district, institution of higher education,  or  municipality,
30    and   operated   either   by   such   political  subdivision,
31    institution of  higher  education,  or  municipality  or  its
32    lessee or agent;
33        (2)  commuter  vans  as  defined  in  this  The  Illinois
 
SB745 Engrossed             -1246-             LRB9101253EGfg
 1    Vehicle Code;
 2        (3)  carriers   transporting   passengers  without  fixed
 3    routes or schedules and charging on a time or distance basis,
 4    including taxicabs,  charter  operations,  and  contract  bus
 5    operations;
 6        (4)  carriers  transporting  passengers with fixed routes
 7    and schedules and charging on a per  passenger  fixed  charge
 8    basis  and  which  do not include an airport as a point to be
 9    served on the route, in whole or in part;.
10        (5)  transportation in  vehicles  with  a  manufacturer's
11    rated  seating capacity of less than 8 persons, including the
12    driver;
13        (6)  transportation   subject    to    the    Ridesharing
14    Arrangements Act;
15        (7)  commuter    buses   offering   short-haul   for-hire
16    regularly scheduled passenger transportation  service  within
17    metropolitan  and  suburban  areas,  over regular routes with
18    fixed schedules, and utilized primarily by  passengers  using
19    reduced-fare,  multiple-ride,  or  commutation tickets during
20    morning and evening peak periods in travelling  to  and  from
21    their places of employment; and
22        (8)  those  persons owning and operating school buses, as
23    defined in this The Illinois Vehicle Code, and  regulated  by
24    other provisions of this that Code.
25    (Source: P.A. 90-407, eff. 8-15-97; revised 10-31-98.)

26        Section 232.  The Ridesharing Arrangements Act is amended
27    by changing Section 6 as follows:

28        (625 ILCS 30/6) (from Ch. 95 1/2, par. 906)
29        Sec.  6.   (a)  The operator of a ridesharing arrangement
30    may charge his or her passengers a  fee  in   excess  of  the
31    amount  required to reimburse the operator him for his or her
32    expenses, if:
 
SB745 Engrossed             -1247-             LRB9101253EGfg
 1             (1)  the operator makes no more than 2  round  trips
 2        per  day  in  the  course  of  operating  any ridesharing
 3        arrangement;
 4             (2)  any passenger so charged is a person  whom  the
 5        operator  has  agreed  to  transport  in  advance of such
 6        person presenting himself or herself at the pickup point;
 7        and
 8             (3)  the operator complies  with  Sections  6-106.4,
 9        12-707 and 12-707.01 of the Illinois Vehicle Code.
10        (b)  A  for-profit  ridesharing arrangement may, but need
11    not, be organized as a sole proprietorship, or as  any  other
12    appropriate form of business entity.
13    (Source: P.A. 83-1091; revised 10-31-98.)

14        Section  233.  The Snowmobile Registration and Safety Act
15    is amended by changing Section 5-2 as follows:

16        (625 ILCS 40/5-2) (from Ch. 95 1/2, par. 605-2)
17        Sec. 5-2.  Operation on Highways.)  It  is  unlawful  for
18    any person to drive or operate any snowmobile on a highway in
19    this State except as follows:
20        A.  On  highways other than tollways, interstate highways
21    and fully or limited access-controlled  highways  snowmobiles
22    may make a direct crossing provided:
23             (1)  the   crossing   is   made   at   an  angle  of
24        approximately 90 degrees to the direction of the  highway
25        and  at a place where no obstruction prevents a quick and
26        safe crossing; and
27             (2)  the snowmobile is brought to  a  complete  stop
28        before crossing a roadway; and
29             (3)  the  operator  yields  the  right of way to all
30        oncoming traffic which constitutes a hazard.
31        B.  On highways other than tollways, interstate  highways
32    and  fully  or limited access-controlled highways snowmobiles
 
SB745 Engrossed             -1248-             LRB9101253EGfg
 1    may be operated not less than 10 feet from the roadway and in
 2    the same direction as traffic. On such highways,  other  than
 3    State  highways, the corporate authorities of a city, village
 4    or incorporated  town  may  adopt  ordinances  providing  for
 5    variance  from  the  10-foot  separation  requirement of this
 6    subsection, including ordinances permitting the operation  of
 7    snowmobiles  upon  the  roadways of such highways, other than
 8    State highways, within city,  village  or  town  limits.   In
 9    addition,  the  corporate  authorities  of  any unit of local
10    government with jurisdiction over  such  highways  may  adopt
11    ordinances authorizing the operation of snowmobiles within 10
12    feet  of  the  roadway  to  avoid  obstructions  or hazardous
13    terrain. Other than for State highways, corporate authorities
14    of a city, village or incorporated town may adopt  ordinances
15    providing  for  trails,  including  the  designation  of  the
16    roadways  of  highways  referred  to  in  this  paragraph  as
17    snowmobile trails, and regulating snowmobile operation within
18    city, village or town limits.
19        C.  On  highways other than tollways, interstate highways
20    and fully or limited access-controlled  highways  snowmobiles
21    may  be  operated on roadways when it is necessary to cross a
22    bridge or  culvert  or  when  it  is  impracticable  to  gain
23    immediate  access  to  an  area adjacent to a highway where a
24    snowmobile is to be operated.
25        D.  Corporate  authorities  of   a   city,   village   or
26    incorporated  town  may  by  ordinance  designate  1  or more
27    specific public highways or streets within their jurisdiction
28    as egress and ingress routes for the use of  snowmobiles.  In
29    the  event that such public highways or streets are under the
30    jurisdiction of the  State  of  Illinois,  express  expressed
31    written  consent of the Illinois Department of Transportation
32    shall be required. Corporate  authorities  acting  under  the
33    authority  of this paragraph D shall erect and maintain signs
34    giving proper notice thereof.
 
SB745 Engrossed             -1249-             LRB9101253EGfg
 1        E.  Snowmobiles may be lawfully driven or  operated  upon
 2    those  highways  where posted with signs giving proper notice
 3    and erected and maintained by the township road commissioner.
 4    A township or township road commissioner shall not be  liable
 5    for any personal injuries caused as a result of the operation
 6    of  a  snowmobile  on  such  highways.   For purposes of this
 7    paragraph  E,  "highways"  are  defined  as  township   roads
 8    pursuant to Section 2-205 of the Illinois Highway Code.
 9    (Source: P.A. 84-151; 84-973; revised 10-31-98.)

10        Section  234.   The  Boat  Registration and Safety Act is
11    amended by changing Sections 3A-2, 3A-3, and 5-18 as follows:

12        (625 ILCS 45/3A-2) (from Ch. 95 1/2, par. 313A-2)
13        Sec. 3A-2. Voluntary  titling.   (a)  The  owner  of  any
14    watercraft  exempt from Section 3A-1(a) of this Act may apply
15    to the Department of Natural Resources for a  certificate  of
16    title  by filing an application accompanied by the prescribed
17    fee.   Any  owner  exempt  from  this  Act  who   obtains   a
18    certificate of title must also obtain a certificate of number
19    as prescribed in Section 3-9 313-9 of this Act.
20    (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)

21        (625 ILCS 45/3A-3) (from Ch. 95 1/2, par. 313A-3)
22        Sec. 3A-3. Application for first certificate of title.
23        (a)  The  application  for the first certificate of title
24    in this State must be made by the owner to the Department  of
25    Natural Resources on the form prescribed and must contain:
26             1.  The  name,  residence  and  mail  address of the
27        owner;
28             2.  A description of the watercraft so  far  as  the
29        following   data   exists:   Its  make,  model,  year  of
30        manufacture, manufacturer's serial  number  or  builder's
31        hull  number,  length  and  principal  material  used  in
 
SB745 Engrossed             -1250-             LRB9101253EGfg
 1        construction;
 2             3.  The  date of purchase by applicant, the name and
 3        address of  the  person  from  whom  the  watercraft  was
 4        acquired  and  the names and addresses of any lienholders
 5        in the order of their priority and  the  dates  of  their
 6        security agreements; and
 7             4.  (a)  Any  further  information the Department of
 8        Natural Resources reasonably  requires  to  identify  the
 9        watercraft  and  to  enable  the  Department to determine
10        whether the owner is entitled to a certificate  of  title
11        and  the  existence or nonexistence of security interests
12        in the watercraft.
13        (b)  If the application refers to a watercraft  purchased
14    from  a  dealer,  it must contain the name and address of any
15    lienholder holding a security interest created or reserved at
16    the time of the sale and the date of his  security  agreement
17    and  be  signed  by  the dealer as well as the owner, and the
18    dealer must within 15 days mail or deliver the application to
19    the Department of Natural Resources.
20        (c)  If the  application  refers  to  a  watercraft  last
21    previously  registered  in  another  State  or  country,  the
22    application must contain or be accompanied by:
23             1.  Any  certificate  of  title  issued by the other
24        State or country;, and
25             2.  Any  other   information   and   documents   the
26        Department  of  Natural  Resources reasonably requires to
27        establish ownership and the existence or nonexistence  of
28        security interests.
29    (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)

30        (625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)
31        Sec. 5-18.  No person under 10 years of age may operate a
32    motorboat.  Persons at least 10 years of age and less than 12
33    years  of  age  may  operate  a  motorboat  only  if they are
 
SB745 Engrossed             -1251-             LRB9101253EGfg
 1    accompanied on the motorboat and under the direct control  of
 2    a  parent  or  guardian  or a person at least 18 years of age
 3    designated by a parent or  guardian.   Persons  at  least  12
 4    years  of  age  and  less  than 18 years of age may operate a
 5    motorboat only if they are accompanied on the  motorboat  and
 6    under  the direct control of a parent or guardian or a person
 7    at least 18 years of age designated by a parent or  guardian,
 8    or  such  motorboat  operator  is  in possession of a Boating
 9    Safety  Certificate  issued  by  the  Department  of  Natural
10    Resources,  Division  of  Law  Enforcement,  authorizing  the
11    holder to operate motorboats.
12        Violations of this Section done with the knowledge  of  a
13    parent  or guardian shall be deemed a violation by the parent
14    or guardian and punishable under Section 11A-1 11-6.
15        The Department of  Natural  Resources,  Division  of  Law
16    Enforcement,  shall  establish  a  program  of instruction on
17    boating safety, laws, regulations  and  administrative  laws,
18    and  any  other  subject matter which might be related to the
19    subject  of  general  boat  safety.   The  program  shall  be
20    conducted by  instructors  certified  by  the  Department  of
21    Natural  Resources,  Division of Law Enforcement.  The course
22    of instruction for persons certified to teach boating  safety
23    shall  be not less than 8 hours in length, and the Department
24    shall have the authority to revoke the certification  of  any
25    instructor  who  has  demonstrated  his  inability to conduct
26    courses on  the  subject  matter.    Students  satisfactorily
27    completing a program of not less than 8 hours in length shall
28    receive  a  certificate  of  safety  from  the  Department of
29    Natural  Resources,  Division  of   Law   Enforcement.    The
30    Department  may  cooperate  with  schools,  private clubs and
31    other  organizations  in  offering  boating  safety   courses
32    throughout the State of Illinois.
33        The Department shall issue certificates of boating safety
34    to  persons  10 years of age or older successfully completing
 
SB745 Engrossed             -1252-             LRB9101253EGfg
 1    the prescribed course of instruction and passing  such  tests
 2    as  may  be  prescribed by the Department. The Department may
 3    charge each person who enrolls in a course of  instruction  a
 4    fee  not  to  exceed  $5.   If  a  fee  is  authorized by the
 5    Department,  the  Department  shall   authorize   instructors
 6    conducting  such  courses meeting standards established by it
 7    to charge for the rental of facilities or  for  the  cost  of
 8    materials  utilized  in  the  course.   Fees  retained by the
 9    Department shall be utilized to defray a part of its expenses
10    to operate the safety and accident reporting programs of  the
11    Department.
12        A  person  over  the  age  of  12 years who holds a valid
13    certificate issued  by  another  state,  a  province  of  the
14    Dominion  of  Canada, the United States Coast Guard Auxiliary
15    or the  United  States  Power  Squadron  need  not  obtain  a
16    certificate  from the Department if the course content of the
17    program  in  such  other  state,  province  or   organization
18    substantially  meets that established by the Department under
19    this Section.  A certificate issued by the Department  or  by
20    another state, province of the Dominion of Canada or approved
21    organization  shall not constitute an operator's license, but
22    shall certify only that the student has successfully passed a
23    course in boating safety instruction.
24        The Department of  Natural  Resources,  Division  of  Law
25    Enforcement,  shall  implement  and enforce the provisions of
26    this Section.
27    (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)

28        Section 235.  The Clerks of  Courts  Act  is  amended  by
29    changing Section 27.1 as follows:

30        (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
31        Sec. 27.1.  The fees of the Clerk of the Circuit Court in
32    all  counties  having  a population of 180,000 inhabitants or
 
SB745 Engrossed             -1253-             LRB9101253EGfg
 1    less shall be paid in advance, except as otherwise  provided,
 2    and shall be as follows:
 3    (a)  Civil Cases
 4             (1)  All   civil  cases  except  as  otherwise
 5        provided...........................................   $40
 6             (2)  Judicial Sales (except Probate)..........   $40
 7    (b)  Family
 8             (1)  Commitment  petitions  under  the  Mental
 9        Health and Developmental Disabilities Code,  filing
10        transcript   of   commitment  proceedings  held  in
11        another county, and cases under the Juvenile  Court
12        Act of 1987........................................   $25
13             (2)  Petition for Marriage Licenses...........   $10
14             (3)  Marriages in Court.......................   $10
15             (4)  Paternity................................   $40
16    (c)  Criminal and Quasi-Criminal
17             (1)  Each person convicted of a felony........   $40
18             (2)  Each  person  convicted of a misdemeanor,
19        leaving  scene  of  an  accident,   driving   while
20        intoxicated,   reckless  driving  or  drag  racing,
21        driving  when   license   revoked   or   suspended,
22        overweight,  or no interstate commerce certificate,
23        or when the disposition is court supervision.......   $25
24             (3)  Each  person  convicted  of  a   business
25        offense............................................   $25
26             (4)  Each person convicted of a petty offense.   $25
27             (5)  Minor    traffic,    conservation,     or
28        ordinance            violation,           including
29        without    limitation  when  the   disposition   is
30        court  supervision:
31                  (i)  For each offense....................   $10
32                  (ii)  For  each  notice   sent   to   the
33        defendant's   last   known   address   pursuant  to
34        subsection (c) of Section 6-306.4 of  the  Illinois
 
SB745 Engrossed             -1254-             LRB9101253EGfg
 1        Vehicle Code.......................................    $2
 2                  (iii)  For   each   notice  sent  to  the
 3        Secretary of State pursuant to  subsection  (c)  of
 4        Section 6-306.4 of the Illinois Vehicle Code.......    $2
 5             (6)  When Court Appearance required...........   $15
 6             (7)  Motions to vacate or amend final orders..   $10
 7             (8)  In  ordinance  violation cases punishable
 8        by fine only, the clerk of the circuit court  shall
 9        be  entitled  to receive, unless the fee is excused
10        upon a finding by the court that the  defendant  is
11        indigent,  in  addition  to  other  fees  or  costs
12        allowed  or imposed by law, the sum of $50 as a fee
13        for the services of a jury.  The jury fee shall  be
14        paid  by the defendant at the time of filing his or
15        her jury demand.  If the fee is not so paid by  the
16        defendant,  no  jury  shall be called, and the case
17        shall be tried by the court without a jury.
18    (d)  Other Civil Cases
19             (1)  Money or personal property  claimed  does
20        not exceed $500....................................   $10
21             (2)  Exceeds $500 but not more than $10,000...   $25
22             (3)  Exceeds  $10,000, when relief in addition
23        to or supplemental to recovery of  money  alone  is
24        sought  in  an  action to recover personal property
25        taxes or retailers occupational tax  regardless  of
26        amount claimed.....................................   $45
27             (4)  The  Clerk  of the Circuit Court shall be
28        entitled to receive,  in  addition  to  other  fees
29        allowed  by  law,  the sum of $50, as a fee for the
30        services of  a  jury  in  every  civil  action  not
31        quasi-criminal  in  its nature and not a proceeding
32        for the exercise of the right  of  eminent  domain,
33        and  in every equitable action wherein the right of
34        trial by jury is or may be given by law.  The  jury
 
SB745 Engrossed             -1255-             LRB9101253EGfg
 1        fee  shall be paid by the party demanding a jury at
 2        the time of filing his jury demand.  If such a  fee
 3        is  not  paid  by  either  party,  no jury shall be
 4        called in the action, suit, or proceeding, and  the
 5        same shall be tried by the court without a jury.
 6    (e)  Confession of judgment and answer
 7             (1)  When the amount does not exceed $1,000...   $20
 8             (2)  Exceeds $1,000...........................   $40
 9    (f)  Auxiliary Proceedings
10             Any   auxiliary  proceeding  relating  to  the
11        collection   of   a   money   judgment,   including
12        garnishment, citation, or wage deduction action....    $5
13    (g)  Forcible entry and detainer
14             (1)  For possession  only  or  possession  and
15        rent not in excess of $10,000......................   $10
16             (2)  For  possession  and  rent  in  excess of
17        $10,000............................................   $40
18    (h)  Eminent Domain
19             (1)  Exercise of Eminent Domain...............   $45
20             (2)  For each and every lot or tract  of  land
21        or   right   or  interest  therein  subject  to  be
22        condemned, the damages in respect  to  which  shall
23        require separate assessments by a jury.............   $45
24    (i)  Reinstatement
25             Each  case including petition for modification
26        of a judgment or order of Court if filed later than
27        30 days after the entry of  a  judgment  or  order,
28        except  in  forcible  entry  and detainer cases and
29        small claims  and  except  a  petition  to  modify,
30        terminate,  or  enforce  a  judgement  or order for
31        child or spousal support or to modify, suspend,  or
32        terminate  an  order  for  withholding, petition to
33        vacate  judgment   of   dismissal   for   want   of
34        prosecution  whenever  filed, petition to reopen an
 
SB745 Engrossed             -1256-             LRB9101253EGfg
 1        estate, or redocketing of any cause................   $20
 2    (j)  Probate
 3             (1)  Administration  of  decedent's   estates,
 4        whether  testate or intestate, guardianships of the
 5        person or estate or both of a  person  under  legal
 6        disability,  guardianships  of the person or estate
 7        or both of a minor or minors, or petitions to  sell
 8        real estate in the administration of any estate....   $50
 9             (2)  Small estates in cases where the real and
10        personal  property  of  an  estate  does not exceed
11        $5,000.............................................   $25
12             (3)  At any time during the administration  of
13        the  estate,  however, at the request of the Clerk,
14        the Court shall examine the record  of  the  estate
15        and  the  personal  representative to determine the
16        total value of the real and  personal  property  of
17        the  estate, and if such value exceeds $5,000 shall
18        order the payment  of  an  additional  fee  in  the
19        amount of..........................................   $40
20             (4)  Inheritance tax proceedings..............   $15
21             (5)  Issuing   letters   only  for  a  certain
22        specific reason other than the administration of an
23        estate, including but not limited to the release of
24        mortgage; the issue of letters of  guardianship  in
25        order  that  consent  to marriage may be granted or
26        for some other specific reason other than  for  the
27        care  of  property  or  person;  proof  of heirship
28        without administration; or when a  will  is  to  be
29        admitted  to  probate,  but  the  estate  is  to be
30        settled without administration.....................   $10
31             (6)  When a separate complaint relating to any
32        matter other than a routine claim is  filed  in  an
33        estate,   the  required  additional  fee  shall  be
34        charged for such filing............................   $45
 
SB745 Engrossed             -1257-             LRB9101253EGfg
 1    (k)  Change of Venue
 2             From a court, the charge is the same amount as
 3        the original  filing  fee;  however,  the  fee  for
 4        preparation  and  certification of record on change
 5        of venue, when original  documents  or  copies  are
 6        forwarded..........................................   $10
 7    (l)  Answer,    adverse    pleading,    or   appearance
 8                                   In civil cases..........   $15
 9             With the following exceptions:
10             (1)  When the amount does not exceed $500.....    $5
11             (2)  When amount exceeds $500 but not $10,000.   $10
12             (3)  When amount exceeds $10,000..............   $15
13             (4)  Court   appeals   when   documents    are
14        forwarded,  over 200 pages, additional fee per page
15        over 200...........................................   10¢
16    (m)  Tax objection complaints
17             For each tax  objection  complaint  containing
18        one  or  more  tax  objections,  regardless  of the
19        number  of  parcels  involved  or  the  number   of
20        taxpayers joining the complaint....................   $10
21    (n)  Tax deed
22             (1)  Petition for tax deed, if only one parcel
23        is involved........................................   $45
24             (2)  For  each  additional parcel involved, an
25        additional fee of..................................   $10
26    (o)  Mailing Notices and Processes
27             (1)  All notices that the clerk is required to
28        mail as first class mail...........................    $2
29             (2)  For all processes or notices the Clerk is
30        required to mail by certified or  registered  mail,
31        the fee will be $2 plus cost of postage.
32    (p)  Certification or Authentication
33             (1)  Each  certification or authentication for
34        taking the  acknowledgement  of  a  deed  or  other
 
SB745 Engrossed             -1258-             LRB9101253EGfg
 1        instrument in writing with seal of office..........    $2
 2             (2)  Court appeals when original documents are
 3        forwarded, 100 pages or under, plus delivery costs.   $25
 4             (3)  Court appeals when original documents are
 5        forwarded, over 100 pages, plus delivery costs.....   $60
 6             (4)  Court appeals when original documents are
 7        forwarded,  over 200 pages, additional fee per page
 8        over 200...........................................   10¢
 9    (q)  Reproductions
10             Each  record  of  proceedings  and   judgment,
11        whether  on  appeal,  change  of  venue,  certified
12        copies  of  orders  and  judgments,  and  all other
13        instruments, documents, records, or papers:
14                  (1)  First page..........................    $1
15                  (2)  Next 19 pages, per page.............   50¢
16                  (3)  All remaining pages, per page.......   25¢
17    (r)  Counterclaim
18             When any defendant  files  a  counterclaim  as
19        part  of  his or her answer or otherwise,  or joins
20        another party as a third party defendant, or  both,
21        he   or   she   shall  pay  a  fee  for  each  such
22        counterclaim or third party  action  in  an  amount
23        equal  to  the  fee he or she would have had to pay
24        had he or she brought a  separate  action  for  the
25        relief  sought  in  the counterclaim or against the
26        third party  defendant,  less  the  amount  of  the
27        appearance fee, if that has been paid.
28    (s)  Transcript of Judgment
29             From   a  court,  the  same  fee  as  if  case
30        originally filed.
31    (t)  Publications
32             The cost of publication shall be paid directly
33        to  the  publisher  by  the  person   seeking   the
34        publication,  whether  the clerk is required by law
 
SB745 Engrossed             -1259-             LRB9101253EGfg
 1        to publish, or the parties to the action.
 2    (u)  Collections
 3             (1)  For  all  collections  made  for  others,
 4        except  the  State  and  County   and   except   in
 5        maintenance  or child support cases, a sum equal to
 6        2% of the amount collected and turned over.
 7             (2)  In any  cases  remanded  to  the  Circuit
 8        Court  from  the  Supreme  Court  or  the Appellate
 9        Court, the Clerk shall file the remanding order and
10        reinstate the case with either its original  number
11        or  a  new  number.  The Clerk shall not charge any
12        new or additional fee for the reinstatement.   Upon
13        reinstatement the Clerk shall advise the parties of
14        the  reinstatement.   A  party  shall have the same
15        right to a jury trial on remand  and  reinstatement
16        as  he  or  she  had  before  the  appeal,  and  no
17        additional or new fee or charge shall be made for a
18        jury trial after remand.
19             (3)  In maintenance and child support matters,
20        the  Clerk  may  deduct from each payment an amount
21        equal to the United States postage to  be  used  in
22        mailing  the  maintenance or child support check to
23        the recipient.  In  such  cases,  the  Clerk  shall
24        collect  an annual fee of up to $36 from the person
25        making   such   payment   for   administering   the
26        collection  and  distribution  of  maintenance  and
27        child  support  payments.  Such  sum  shall  be  in
28        addition to and separate from amounts ordered to be
29        paid as maintenance or child support and  shall  be
30        deposited  in  a  separate  Maintenance  and  Child
31        Support Collection Fund of which the Clerk shall be
32        the  custodian, ex officio, to be used by the Clerk
33        to further maintenance and child support collection
34        efforts in his  office.  Unless  paid  in  cash  or
 
SB745 Engrossed             -1260-             LRB9101253EGfg
 1        pursuant  to  an order for withholding, the payment
 2        of the fee shall be by a separate  instrument  from
 3        the  support payment and shall be made to the order
 4        of the Clerk. The Clerk may recover from the person
 5        making the maintenance or child support payment any
 6        additional cost incurred in the collection of  this
 7        annual fee.
 8             The  Clerk  shall also be entitled to a fee of
 9        $5 for certifications  made  to  the  Secretary  of
10        State  as  provided  in Section 7-703 of the Family
11        Financial Responsibility Law and these  fees  shall
12        also be deposited into the Separate Maintenance and
13        Child Support Collection Fund.
14    (v)  Correction of Cases
15             For  correcting  the case number or case title
16        on any document filed in his office, to be  charged
17        against the party that filed the document..........   $10
18    (w)  Record Search
19             For searching a record, per year searched.....    $4
20    (x)  Printed Output
21             For  each page of hard copy print output, when
22        case records are maintained on an automated medium.    $2
23    (y)  Alias Summons
24             For each alias summons issued.................    $2
25    (z)  Expungement of Records
26             For each expungement petition filed...........   $15
27    (aa)  Other Fees
28             Any fees not covered by this Section shall be set by
29        rule or administrative order of the Circuit  Court,  with
30        the approval of the Supreme Court.
31    (bb)  Exemptions
32             No  fee  provided for herein shall be charged to any
33        unit of State or  local  government  or  school  district
34        unless  the Court orders another party to pay such fee on
 
SB745 Engrossed             -1261-             LRB9101253EGfg
 1        its behalf. The fee requirements of  this  Section  shall
 2        not  apply to police departments or other law enforcement
 3        agencies.  In  this  Section,  "law  enforcement  agency"
 4        means  an  agency  of  the  State  or  a  unit  of  local
 5        government  that  is  vested by law or ordinance with the
 6        duty to maintain public order  and  to  enforce  criminal
 7        laws and ordinances. The fee requirements of this Section
 8        shall not apply to any action instituted under subsection
 9        (b)  of Section 11-31-1 of the Illinois Municipal Code by
10        a private owner or tenant of real  property  within  1200
11        feet  of  a dangerous or unsafe building seeking an order
12        compelling the owner or owners of the  building  to  take
13        any of the actions authorized under that subsection.
14    (cc)  Adoptions
15             (1)  For an adoption.............................$65
16             (2)  Upon  good cause shown, the court may waive the
17        adoption filing fee in a  special  needs  adoption.   The
18        term  "special  needs  adoption"  shall  have the meaning
19        ascribed to it by the Illinois Department of Children and
20        Family Services.
21    (dd)  Adoption exemptions
22             No fee other than that set forth in subsection  (cc)
23        shall  be  charged  to  any  person in connection with an
24        adoption proceeding.
25    (ee)  Additional Services
26             Beginning July 1, 1993, the  clerk  of  the  circuit
27        court  may  provide  such  additional  services for which
28        there is no fee specified by statute in  connection  with
29        the  operation  of the clerk's office as may be requested
30        by the public and agreed to by  the  public  and  by  the
31        clerk  and  approved   by  the chief judge of the circuit
32        court.  Any charges for additional services shall  be  as
33        agreed  to  between  the  clerk  and the party making the
34        request and approved by the chief judge  of  the  circuit
 
SB745 Engrossed             -1262-             LRB9101253EGfg
 1        court.  Nothing in this subsection shall be  as agreed to
 2        between  the  clerk  and  the  party  making the request.
 3        Nothing in this subsection shall be construed to  require
 4        any  clerk  to provide any service not otherwise required
 5        by law.
 6    (Source:  P.A.  89-92,  eff.  7-1-96;  89-593,  eff.  8-1-96;
 7    90-466,  eff.  8-17-97;  90-796,   eff.   12-15-98;   revised
 8    12-31-98.)

 9        Section  236.   The Juvenile Court Act of 1987 is amended
10    by changing Sections 1-3, 1-4,  1-5,  1-7,  1-8,  2-4,  2-16,
11    2-17.1,  2-27,  2-28,  2-30,  3-18,  3-31, 4-15, 4-28, 5-135,
12    5-525, 5-805, 6-1, 6-9, and 6-10 and adding Section  1-18  as
13    follows:

14        (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
15        Sec.  1-3.  Definitions.   Terms used in this Act, unless
16    the context otherwise requires, have the  following  meanings
17    ascribed to them:
18        (1)  "Adjudicatory  hearing" means a hearing to determine
19    whether the allegations of a  petition  under  Section  2-13,
20    3-15  or  4-12  that a minor under 18 years of age is abused,
21    neglected   or   dependent,   or    requires    authoritative
22    intervention,  or  addicted, respectively, are supported by a
23    preponderance of the evidence or whether the allegations of a
24    petition under Section 5-520 that a minor is  delinquent  are
25    proved beyond a reasonable doubt.
26        (2)  "Adult" means a person 21 years of age or older.
27        (3)  "Agency"  means  a  public  or  private  child  care
28    facility  legally  authorized  or  licensed by this State for
29    placement or institutional care or  for  both  placement  and
30    institutional care.
31        (4)  "Association"  means  any  organization,  public  or
32    private,  engaged in welfare functions which include services
 
SB745 Engrossed             -1263-             LRB9101253EGfg
 1    to or on behalf of children but does not include "agency"  as
 2    herein defined.
 3        (4.05)    Whenever  a  "best  interest"  determination is
 4    required, the following factors shall be  considered  in  the
 5    context of the child's age and developmental needs:
 6        (a)  the  physical  safety  and  welfare  of  the  child,
 7    including food, shelter, health, and clothing;
 8        (b)  the development of the child's identity;
 9        (c)  the child's background and ties, including familial,
10    cultural, and religious;
11        (d)  the child's sense of attachments, including:
12             (i)  where    the   child   actually   feels   love,
13        attachment, and a sense of being valued  (as  opposed  to
14        where  adults  believe  the  child should feel such love,
15        attachment, and a sense of being valued);
16             (ii)  the child's sense of security;
17             (iii)  the child's sense of familiarity;
18             (iv)  continuity of affection for the child;
19             (v)  the least disruptive placement alternative  for
20        the child;
21        (e)  the child's wishes and long-term goals;
22        (f)  the   child's   community  ties,  including  church,
23    school, and friends;
24        (g)  the child's need for permanence which  includes  the
25    child's  need  for  stability and continuity of relationships
26    with parent figures and with siblings and other relatives;
27        (h)  the uniqueness of every family and child;
28        (i)  the  risks  attendant  to  entering  and  being   in
29    substitute care; and
30        (j)  the preferences of the persons available to care for
31    the child.
32        (4.1)     "Chronic  truant"  shall  have  the  definition
33    ascribed to it in Section 26-2a of the School Code.
34        (5)  "Court" means the circuit  court  in  a  session  or
 
SB745 Engrossed             -1264-             LRB9101253EGfg
 1    division assigned to hear proceedings under this Act.
 2        (6)  "Dispositional hearing" means a hearing to determine
 3    whether a minor should be adjudged to be a ward of the court,
 4    and  to determine what order of disposition should be made in
 5    respect to a minor adjudged to be a ward of the court.
 6        (7)   "Emancipated minor" means any minor 16 years of age
 7    or over who has  been  completely  or  partially  emancipated
 8    under the "Emancipation of Mature Minors Act", enacted by the
 9    Eighty-First General Assembly, or under this Act.
10        (8)  "Guardianship  of  the  person" of a minor means the
11    duty and authority to act in the best interests of the minor,
12    subject to residual parental rights and responsibilities,  to
13    make important decisions in matters having a permanent effect
14    on  the life and development of the minor and to be concerned
15    with his or her general  welfare.  It  includes  but  is  not
16    necessarily limited to:
17             (a)  the   authority  to  consent  to  marriage,  to
18        enlistment in the armed forces of the United  States,  or
19        to  a major medical, psychiatric, and surgical treatment;
20        to represent the minor in  legal  actions;  and  to  make
21        other   decisions   of   substantial  legal  significance
22        concerning the minor;
23             (b)  the   authority   and   duty   of    reasonable
24        visitation,  except  to  the  extent that these have been
25        limited in the best  interests  of  the  minor  by  court
26        order;
27             (c)  the   rights   and  responsibilities  of  legal
28        custody except where legal custody  has  been  vested  in
29        another person or agency; and
30             (d)  the  power  to  consent  to the adoption of the
31        minor, but only if expressly conferred on the guardian in
32        accordance with Section 2-29, 3-30, or 4-27.
33        (9)  "Legal custody" means the relationship created by an
34    order of court in the  best  interests  of  the  minor  which
 
SB745 Engrossed             -1265-             LRB9101253EGfg
 1    imposes  on  the  custodian  the  responsibility  of physical
 2    possession of a minor and the  duty  to  protect,  train  and
 3    discipline  him  and  to  provide  him  with  food,  shelter,
 4    education  and  ordinary  medical  care,  except as these are
 5    limited by residual parental rights and responsibilities  and
 6    the  rights  and  responsibilities  of  the  guardian  of the
 7    person, if any.
 8        (10)  "Minor" means a person under the age  of  21  years
 9    subject to this Act.
10        (11)  "Parent"  means the father or mother of a child and
11    includes any adoptive parent.  It also  includes  a  man  (i)
12    whose paternity is presumed or has been established under the
13    law   of  this  or  another  jurisdiction  or  (ii)  who  has
14    registered with the Putative Father  Registry  in  accordance
15    with Section 12.1 of the Adoption Act and whose paternity has
16    not  been  ruled  out  under  the  law  of  this  or  another
17    jurisdiction.   It  does not include a parent whose rights in
18    respect to the minor  have  been  terminated  in  any  manner
19    provided by law.
20        (11.1)  "Permanency  goal"  means a goal set by the court
21    as defined in subdivision (2) of Section 2-28.
22        (11.2)  "Permanency hearing" means a hearing to  set  the
23    permanency   goal   and  to  review  and  determine  (i)  the
24    appropriateness of the services contained  in  the  plan  and
25    whether  those  services  have  been  provided,  (ii) whether
26    reasonable efforts have been made by all the parties  to  the
27    service  plan to achieve the goal, and (iii) whether the plan
28    and goal have been achieved.
29        (12)  "Petition"  means  the  petition  provided  for  in
30    Section 2-13, 3-15, 4-12 or 5-520, including any supplemental
31    petitions thereunder in Section 3-15, 4-12 or 5-520 5-13.
32        (13)  "Residual  parental  rights  and  responsibilities"
33    means those rights and responsibilities  remaining  with  the
34    parent after the transfer of legal custody or guardianship of
 
SB745 Engrossed             -1266-             LRB9101253EGfg
 1    the  person,  including,  but not necessarily limited to, the
 2    right to reasonable visitation (which may be limited  by  the
 3    court  in  the  best  interests  of  the minor as provided in
 4    subsection (8)(b) of this Section), the right to  consent  to
 5    adoption,  the  right  to  determine  the  minor's  religious
 6    affiliation, and the responsibility for his support.
 7        (14)  "Shelter"  means  the  temporary care of a minor in
 8    physically unrestricting facilities pending court disposition
 9    or execution of court order for placement.
10        (15)   "Station adjustment" means the  informal  handling
11    of an alleged offender by a juvenile police officer.
12        (16)  "Ward  of  the  court"  means  a  minor  who  is so
13    adjudged under Section 2-22, 3-23, 4-20  or  5-705,  after  a
14    finding  of  the  requisite jurisdictional facts, and thus is
15    subject to the dispositional powers of the court  under  this
16    Act.
17        (17)  "Juvenile  police  officer"  means  a  sworn police
18    officer who has completed a Basic  Recruit  Training  Course,
19    has  been assigned to the position of juvenile police officer
20    by his or her chief law enforcement officer and has completed
21    the necessary juvenile officers training as prescribed by the
22    Illinois Law Enforcement Training Standards Board, or in  the
23    case  of  a  State  police officer, juvenile officer training
24    approved by the Director of the Department of State Police.
25        (18)  "Secure child care facility" means any  child  care
26    facility  licensed  by  the Department of Children and Family
27    Services to provide secure living arrangements  for  children
28    under  18  years  of  age  who  are  subject  to placement in
29    facilities under the Children and Family Services Act and who
30    are not subject to placement in facilities for whom standards
31    are  established  by  the  Department  of  Corrections  under
32    Section 3-15-2 of the Unified Code  of  Corrections.  "Secure
33    child  care  facility" also means a facility that is designed
34    and operated to ensure that all entrances  and  exits  exists
 
SB745 Engrossed             -1267-             LRB9101253EGfg
 1    from  the  facility,  a  building,  or a distinct part of the
 2    building are under the exclusive control of the staff of  the
 3    facility,  whether  or  not  the  child  has  the  freedom of
 4    movement within the perimeter of the facility,  building,  or
 5    distinct part of the building.
 6    (Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; 90-590,
 7    eff.  1-1-99;  90-608,  eff.  6-30-98;  90-655, eff. 7-30-98;
 8    revised 1-30-99.)

 9        (705 ILCS 405/1-4) (from Ch. 37, par. 801-4)
10        Sec. 1-4.  Limitations of scope of Act.  Nothing in  this
11    Act  shall  be  construed to give: (a) any guardian appointed
12    hereunder the guardianship of the estate of the minor  or  to
13    change  the  age of minority for any purpose other than those
14    expressly stated in this Act; or (b) any court  jurisdiction,
15    except  as  provided in Sections 2-7, 3-6, 3-9, 4-6 and 5-410
16    5-7, over any minor solely on the basis of  the  minor's  (i)
17    misbehavior  which  does not violate any federal or state law
18    or municipal ordinance, (ii) refusal to obey  the  orders  or
19    directions  of a parent, guardian or custodian, (iii) absence
20    from home without the consent of his or her parent,  guardian
21    or  custodian,  or (iv) truancy, until efforts and procedures
22    to address and resolve such  actions  by  a  law  enforcement
23    officer  during  a  period  of  limited  custody,  by  crisis
24    intervention  services  under Section 3-5, and by alternative
25    voluntary  residential  placement  or  other  disposition  as
26    provided  by  Section  3-6  have   been   exhausted   without
27    correcting such actions.
28    (Source: P.A. 85-601; revised 8-26-98.)

29        (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
30        Sec. 1-5.  Rights of parties to proceedings.
31        (1)  Except as provided in this Section and paragraph (2)
32    of  Sections  2-22, 3-23, 4-20, 5-610 or 5-705, the minor who
 
SB745 Engrossed             -1268-             LRB9101253EGfg
 1    is the subject of the proceeding and his  parents,  guardian,
 2    legal  custodian  or  responsible  relative  who  are parties
 3    respondent have the right to be  present,  to  be  heard,  to
 4    present    evidence   material   to   the   proceedings,   to
 5    cross-examine witnesses, to examine pertinent court files and
 6    records and also, although proceedings under this Act are not
 7    intended to be  adversary  in  character,  the  right  to  be
 8    represented   by  counsel.   At  the  request  of  any  party
 9    financially unable to employ counsel, with the exception of a
10    foster parent permitted to intervene under this Section,  the
11    court shall appoint the Public Defender or such other counsel
12    as  the case may require. Counsel appointed for the minor and
13    any indigent party shall appear at all stages  of  the  trial
14    court proceeding, and such appointment shall continue through
15    the  permanency  hearings  and termination of parental rights
16    proceedings subject to withdrawal or substitution pursuant to
17    Supreme Court Rules or the Code of Civil Procedure. Following
18    the dispositional hearing, the court  may  require  appointed
19    counsel,  other than counsel for the minor or counsel for the
20    guardian ad litem, to withdraw his  or  her  appearance  upon
21    failure  of  the  party  for whom counsel was appointed under
22    this Section to attend any subsequent proceedings.
23        No hearing on any petition or motion filed under this Act
24    may be commenced unless the minor who is the subject  of  the
25    proceeding  is represented by counsel.  Each adult respondent
26    shall be furnished a written "Notice of Rights" at or  before
27    the first hearing at which he or she appears.
28        (1.5)  The Department shall maintain a system of response
29    to  inquiry made by parents or putative parents as to whether
30    their child is under  the  custody  or  guardianship  of  the
31    Department;  and  if  so,  the  Department  shall  direct the
32    parents or putative  parents  to  the  appropriate  court  of
33    jurisdiction,  including  where  inquiry  may  be made of the
34    clerk of the court regarding the case  number  and  the  next
 
SB745 Engrossed             -1269-             LRB9101253EGfg
 1    scheduled  court date  of the minor's case.  Effective notice
 2    and the means of accessing information shall be given to  the
 3    public on a continuing basis by the Department.
 4        (2) (a)  Though not appointed guardian or legal custodian
 5    or  otherwise  made a party to the proceeding, any current or
 6    previously appointed foster parent or relative caregiver,  or
 7    representative  of an agency or association interested in the
 8    minor has the right to be heard by the court,  but  does  not
 9    thereby become a party to the proceeding.
10        In  addition  to  the  foregoing right to be heard by the
11    court, any current foster parent or relative caregiver  of  a
12    minor   and  the  agency  designated  by  the  court  or  the
13    Department of Children and Family Services  as  custodian  of
14    the  minor  who  is  alleged to be or has been adjudicated an
15    abused or neglected minor under Section 2-3  or  a  dependent
16    minor  under  Section  2-4  of  this Act has the right to and
17    shall be given adequate notice at all stages of  any  hearing
18    or proceeding under this Act.
19        Any foster parent or relative caregiver who is denied his
20    or  her  right  to  be  heard  under this Section may bring a
21    mandamus action under  Article  XIV  of  the  Code  of  Civil
22    Procedure  against  the court or any public agency to enforce
23    that right.  The mandamus action may be  brought  immediately
24    upon the denial of those rights but in no event later than 30
25    days  after the foster parent has been denied the right to be
26    heard.
27        (b)  If after an adjudication that a minor is  abused  or
28    neglected  as  provided  under Section 2-21 of this Act and a
29    motion has been made to restore  the  minor  to  any  parent,
30    guardian,  or  legal  custodian  found  by  the court to have
31    caused the neglect or to have  inflicted  the  abuse  on  the
32    minor,  a foster parent may file a motion to intervene in the
33    proceeding for the sole purpose of requesting that the  minor
34    be  placed  with  the foster parent, provided that the foster
 
SB745 Engrossed             -1270-             LRB9101253EGfg
 1    parent (i) is the current foster parent of the minor or  (ii)
 2    has  previously  been  a  foster parent for the minor for one
 3    year or more, has a foster care license or is eligible for  a
 4    license,  and  is not the subject of any findings of abuse or
 5    neglect of any child.  The  juvenile  court  may  only  enter
 6    orders  placing  a  minor with a specific foster parent under
 7    this subsection (2)(b) and nothing in this Section  shall  be
 8    construed  to  confer  any  jurisdiction  or authority on the
 9    juvenile court  to  issue  any  other  orders  requiring  the
10    appointed guardian or custodian of a minor to place the minor
11    in a designated foster home or facility.  This Section is not
12    intended  to  encompass any matters that are within the scope
13    or determinable under the administrative and  appeal  process
14    established by rules of the Department of Children and Family
15    Services  under  Section  5(o)  of  the  Children  and Family
16    Services Act.  Nothing in  this  Section  shall  relieve  the
17    court  of  its  responsibility, under Section 2-14(a) of this
18    Act to act in a just and speedy manner  to  reunify  families
19    where it is the best interests of the minor and the child can
20    be  cared  for at home without endangering the child's health
21    or safety and, if reunification is not in the best  interests
22    of  the  minor, to find another permanent home for the minor.
23    Nothing in this Section, or in any order issued by the  court
24    with  respect  to  the  placement  of  a  minor with a foster
25    parent,  shall  impair  the  ability  of  the  Department  of
26    Children and Family Services, or anyone else authorized under
27    Section 5 of the Abused and Neglected Child Reporting Act, to
28    remove a minor from the  home  of  a  foster  parent  if  the
29    Department  of  Children  and  Family  Services or the person
30    removing  the  minor  has  reason   to   believe   that   the
31    circumstances  or  conditions  of  the  minor  are  such that
32    continuing in the residence or care of the foster parent will
33    jeopardize the  child's  health  and  safety  or  present  an
34    imminent risk of harm to that minor's life.
 
SB745 Engrossed             -1271-             LRB9101253EGfg
 1        (c)  If  a  foster  parent  has  had the minor who is the
 2    subject of the proceeding under Article II in his or her home
 3    for more than one year on or after July 3, 1994  and  if  the
 4    minor's  placement  is  being  terminated  from  that  foster
 5    parent's  home,  that  foster  parent shall have standing and
 6    intervenor status except in  those  circumstances  where  the
 7    Department  of  Children  and  Family Services or anyone else
 8    authorized under Section 5 of the Abused and Neglected  Child
 9    Reporting  Act  has  removed the minor from the foster parent
10    because of a reasonable  belief  that  the  circumstances  or
11    conditions  of  the  minor  are  such  that continuing in the
12    residence or care of the foster parent  will  jeopardize  the
13    child's health or safety or presents an imminent risk of harm
14    to the minor's life.
15        (d)  The court may grant standing to any foster parent if
16    the  court finds that it is in the best interest of the child
17    for the foster parent to have standing and intervenor status.
18        (3)  Parties  respondent  are  entitled  to   notice   in
19    compliance  with  Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
20    and 4-15 or 5-525 and 5-530, as  appropriate.  At  the  first
21    appearance  before  the  court  by  the  minor,  his parents,
22    guardian, custodian or responsible relative, the court  shall
23    explain  the nature of the proceedings and inform the parties
24    of their rights under the first 2 paragraphs of this Section.
25        If the child  is  alleged  to  be  abused,  neglected  or
26    dependent,  the  court shall admonish the parents that if the
27    court declares the child to be a ward of the court and awards
28    custody or guardianship to the  Department  of  Children  and
29    Family   Services,   the  parents  must  cooperate  with  the
30    Department of Children and Family Services, comply  with  the
31    terms  of  the service plans, and correct the conditions that
32    require the child to be in care, or risk termination of their
33    parental rights.
34        Upon an adjudication  of  wardship  of  the  court  under
 
SB745 Engrossed             -1272-             LRB9101253EGfg
 1    Sections  2-22,  3-23,  4-20 or 5-705, the court shall inform
 2    the parties of their right to appeal  therefrom  as  well  as
 3    from any other final judgment of the court.
 4        When   the  court  finds  that  a  child  is  an  abused,
 5    neglected, or dependent minor under Section 2-21,  the  court
 6    shall  admonish  the  parents that the parents must cooperate
 7    with the Department of Children and Family  Services,  comply
 8    with  the  terms  of  the  service  plans,  and  correct  the
 9    conditions  that  require  the  child  to be in care, or risk
10    termination of their parental rights.
11        When the court declares a child to be a ward of the court
12    and awards guardianship to the  Department  of  Children  and
13    Family  Services under Section 2-22, the court shall admonish
14    the parents, guardian,  custodian,  or  responsible  relative
15    that  the  parents  must  cooperate  with  the  Department of
16    Children and Family Services, comply with the  terms  of  the
17    service  plans,  and  correct the conditions that require the
18    child to be in care, or risk termination  of  their  parental
19    rights.
20        (4)  No  sanction may be applied against the minor who is
21    the subject of the proceedings by reason of  his  refusal  or
22    failure to testify in the course of any hearing held prior to
23    final adjudication under Section 2-22, 3-23, 4-20 or 5-705.
24        (5)  In  the  discretion  of  the court, the minor may be
25    excluded from any part or parts of  a  dispositional  hearing
26    and,  with  the  consent  of the parent or parents, guardian,
27    counsel or a guardian ad litem, from any part or parts of  an
28    adjudicatory hearing.
29        (6)  The general public except for the news media and the
30    victim shall be excluded from any hearing and, except for the
31    persons  specified  in  this  Section only persons, including
32    representatives of agencies  and  associations,  who  in  the
33    opinion of the court have a direct interest in the case or in
34    the  work  of  the  court  shall  be admitted to the hearing.
 
SB745 Engrossed             -1273-             LRB9101253EGfg
 1    However, the court may, for the minor's safety and protection
 2    and for good cause  shown,  prohibit  any  person  or  agency
 3    present   in   court  from  further  disclosing  the  minor's
 4    identity.
 5        (7)  A party shall not be entitled to exercise the  right
 6    to  a substitution of a judge without cause under subdivision
 7    (a)(2) of Section 2-1001 of the Code of Civil Procedure in  a
 8    proceeding  under this Act if the judge is currently assigned
 9    to a proceeding involving  the  alleged  abuse,  neglect,  or
10    dependency  of  the  minor's sibling or half sibling and that
11    judge  has  made  a  substantive  ruling  in  the  proceeding
12    involving the minor's sibling or half sibling.
13    (Source: P.A. 89-235, eff. 8-4-95; 90-27, eff. 1-1-98; 90-28,
14    eff. 1-1-98;  90-590,  eff.  1-1-99;  90-608,  eff.  6-30-98;
15    revised 9-16-98.)

16        (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
17        Sec. 1-7.  Confidentiality of law enforcement records.
18        (A)  Inspection  and  copying  of law enforcement records
19    maintained by law enforcement agencies that relate to a minor
20    who has been arrested or taken into custody before his or her
21    17th birthday shall be restricted to the following:
22             (1)  Any local, State  or  federal  law  enforcement
23        officers of any jurisdiction or agency when necessary for
24        the   discharge  of  their  official  duties  during  the
25        investigation or prosecution of a crime or relating to  a
26        minor  who  has been adjudicated delinquent and there has
27        been a previous finding that the  act  which  constitutes
28        the  previous  offense  was  committed  in furtherance of
29        criminal activities  by  a  criminal  street  gang.   For
30        purposes  of this Section, "criminal street gang" has the
31        meaning ascribed to it in  Section  10  of  the  Illinois
32        Streetgang Terrorism Omnibus Prevention Act.
33             (2)  Prosecutors,    probation    officers,   social
 
SB745 Engrossed             -1274-             LRB9101253EGfg
 1        workers, or other individuals assigned by  the  court  to
 2        conduct    a    pre-adjudication    or    pre-disposition
 3        investigation,    and    individuals    responsible   for
 4        supervising or providing temporary or permanent care  and
 5        custody  for minors pursuant to the order of the juvenile
 6        court,    when    essential    to    performing     their
 7        responsibilities.
 8             (3)  Prosecutors and probation officers:
 9                  (a)  in  the course of a trial when institution
10             of criminal proceedings  has  been  permitted  under
11             Section 5-4 or required under Section 5-805 5-4; or
12                  (b)  when  institution  of criminal proceedings
13             has been permitted under  Section  5-4  or  required
14             under  Section  5-805  5-4  and  such  minor  is the
15             subject of a proceeding to determine the  amount  of
16             bail; or
17                  (c)  when   criminal   proceedings   have  been
18             permitted  under  Section  5-4  or  required   under
19             Section 5-805 5-4 and such minor is the subject of a
20             pre-trial investigation, pre-sentence investigation,
21             fitness  hearing,  or  proceedings on an application
22             for probation.
23             (4)  Adult and Juvenile Prisoner Review Board.
24             (5)  Authorized military personnel.
25             (6)  Persons engaged in bona fide research, with the
26        permission of the Presiding Judge of the  Juvenile  Court
27        and the chief executive of the respective law enforcement
28        agency;   provided  that  publication  of  such  research
29        results in  no  disclosure  of  a  minor's  identity  and
30        protects the confidentiality of the minor's record.
31             (7)  Department  of  Children  and  Family  Services
32        child  protection  investigators acting in their official
33        capacity.
34             (8)  The appropriate  school  official.   Inspection
 
SB745 Engrossed             -1275-             LRB9101253EGfg
 1        and  copying  shall be limited to law enforcement records
 2        transmitted to the appropriate school official by a local
 3        law  enforcement  agency  under  a  reciprocal  reporting
 4        system established  and  maintained  between  the  school
 5        district  and  the  local  law  enforcement  agency under
 6        Section 10-20.14 of the School Code  concerning  a  minor
 7        enrolled  in  a school within the school district who has
 8        been arrested or  taken  into  custody  for  any  of  the
 9        following offenses:
10                  (i)  unlawful use of weapons under Section 24-1
11             of the Criminal Code of 1961;
12                  (ii)  a  violation  of  the Illinois Controlled
13             Substances Act;
14                  (iii)  a violation of the Cannabis Control Act;
15             or
16                  (iv)  a forcible felony as defined  in  Section
17             2-8 of the Criminal Code of 1961.
18        (B) (1)  Except  as  provided  in  paragraph  (2), no law
19        enforcement  officer  or  other  person  or  agency   may
20        knowingly  transmit  to  the  Department  of Corrections,
21        Adult Division or the Department of State  Police  or  to
22        the  Federal  Bureau  of Investigation any fingerprint or
23        photograph relating to a minor who has been  arrested  or
24        taken  into  custody  before  his  or  her 17th birthday,
25        unless the court in proceedings under this Act authorizes
26        the transmission or enters an order under  Section  5-805
27        5-4  permitting  or requiring the institution of criminal
28        proceedings.
29             (2)  Law enforcement officers or  other  persons  or
30        agencies  shall   transmit  to  the  Department  of State
31        Police copies of fingerprints  and  descriptions  of  all
32        minors  who  have  been  arrested  or  taken into custody
33        before their 17th birthday for the  offense  of  unlawful
34        use  of  weapons under Article 24 of the Criminal Code of
 
SB745 Engrossed             -1276-             LRB9101253EGfg
 1        1961, a Class X or Class 1 felony, a forcible  felony  as
 2        defined in Section 2-8 of the Criminal Code of 1961, or a
 3        Class 2 or greater felony under the Cannabis Control Act,
 4        the  Illinois  Controlled Substances Act, or Chapter 4 of
 5        the Illinois Vehicle Code, pursuant to Section 5  of  the
 6        Criminal Identification Act.  Information reported to the
 7        Department  pursuant  to  this  Section may be maintained
 8        with  records  that  the  Department  files  pursuant  to
 9        Section 2.1 of the Criminal Identification Act.   Nothing
10        in  this  Act  prohibits  a  law  enforcement agency from
11        fingerprinting a minor taken  into  custody  or  arrested
12        before his or her 17th birthday for an offense other than
13        those listed in this paragraph (2).
14        (C)  The  records  of law enforcement officers concerning
15    all minors under 17 years of age must be maintained  separate
16    from  the  records  of  arrests and may not be open to public
17    inspection or their contents disclosed to the  public  except
18    by  order  of  the  court or when the institution of criminal
19    proceedings has been permitted under Section 5-4 or  required
20    under  Section  5-805 5-4 or such a person has been convicted
21    of a crime and is the subject of  pre-sentence  investigation
22    or  proceedings  on  an  application  for  probation  or when
23    provided by law.
24        (D)  Nothing contained in subsection (C) of this  Section
25    shall  prohibit  the  inspection or disclosure to victims and
26    witnesses of photographs contained  in  the  records  of  law
27    enforcement  agencies  when  the inspection and disclosure is
28    conducted in the presence of a law  enforcement  officer  for
29    the  purpose  of  the  identification  or apprehension of any
30    person subject to the provisions  of  this  Act  or  for  the
31    investigation or prosecution of any crime.
32        (E)  Law   enforcement  officers  may  not  disclose  the
33    identity of any minor in releasing information to the general
34    public as to the arrest, investigation or disposition of  any
 
SB745 Engrossed             -1277-             LRB9101253EGfg
 1    case involving a minor.
 2        (F)  Nothing contained in this Section shall prohibit law
 3    enforcement  agencies  from  communicating with each other by
 4    letter, memorandum, teletype or intelligence  alert  bulletin
 5    or  other  means  the  identity or other relevant information
 6    pertaining to a person under 17 years of  age  if  there  are
 7    reasonable  grounds  to  believe that the person poses a real
 8    and present danger  to  the  safety  of  the  public  or  law
 9    enforcement  officers.  The  information  provided under this
10    subsection (F) shall remain confidential  and  shall  not  be
11    publicly disclosed, except as otherwise allowed by law.
12        (G)  Nothing  in this Section shall prohibit the right of
13    a Civil Service Commission or  appointing  authority  of  any
14    state,  county  or  municipality  examining the character and
15    fitness of an applicant for employment with a law enforcement
16    agency  or  correctional  institution  from   obtaining   and
17    examining  the records of any law enforcement agency relating
18    to any record of the applicant having been arrested or  taken
19    into custody before the applicant's 17th birthday.
20    (Source: P.A.  89-221,  eff.  8-4-95;  89-362,  eff. 8-18-95;
21    89-626, eff. 8-9-96; 90-127, eff. 1-1-98; revised 8-26-98.)

22        (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
23        Sec. 1-8.  Confidentiality and accessibility of  juvenile
24    court records.
25        (A)  Inspection  and  copying  of  juvenile court records
26    relating to a minor who is the subject of a proceeding  under
27    this Act shall be restricted to the following:
28             (1)  The  minor  who  is  the subject of record, his
29        parents, guardian and counsel.
30             (2)  Law enforcement officers  and  law  enforcement
31        agencies  when such information is essential to executing
32        an arrest or search warrant or other compulsory  process,
33        or  to conducting an ongoing investigation or relating to
 
SB745 Engrossed             -1278-             LRB9101253EGfg
 1        a minor who has been adjudicated delinquent and there has
 2        been a previous finding that the  act  which  constitutes
 3        the  previous  offense  was  committed  in furtherance of
 4        criminal activities by a criminal street gang.
 5             Before July  1,  1994,  for  the  purposes  of  this
 6        Section,   "criminal   street  gang"  means  any  ongoing
 7        organization, association, or group of 3 or more persons,
 8        whether formal or informal, having as one of its  primary
 9        activities  the  commission  of one or more criminal acts
10        and that has a common name or  common  identifying  sign,
11        symbol  or  specific  color  apparel displayed, and whose
12        members individually or collectively engage  in  or  have
13        engaged in a pattern of criminal activity.
14             Beginning   July  1,  1994,  for  purposes  of  this
15        Section, "criminal street gang" has the meaning  ascribed
16        to  it in Section 10 of the Illinois Streetgang Terrorism
17        Omnibus Prevention Act.
18             (3)  Judges,    hearing    officers,    prosecutors,
19        probation officers, social workers or  other  individuals
20        assigned  by  the  court to conduct a pre-adjudication or
21        predisposition investigation, and individuals responsible
22        for supervising or providing temporary or permanent  care
23        and  custody  for  minors  pursuant  to  the order of the
24        juvenile  court  when  essential  to   performing   their
25        responsibilities.
26             (4)  Judges, prosecutors and probation officers:
27                  (a)  in  the course of a trial when institution
28             of criminal proceedings  has  been  permitted  under
29             Section 5-4 or required under Section 5-805 5-4; or
30                  (b)  when   criminal   proceedings   have  been
31             permitted  under  Section  5-4  or  required   under
32             Section  5-805  5-4  and a minor is the subject of a
33             proceeding to determine the amount of bail; or
34                  (c)  when  criminal   proceedings   have   been
 
SB745 Engrossed             -1279-             LRB9101253EGfg
 1             permitted   under  Section  5-4  or  required  under
 2             Section 5-805 5-4 and a minor is the  subject  of  a
 3             pre-trial  investigation, pre-sentence investigation
 4             or fitness hearing, or proceedings on an application
 5             for probation; or
 6                  (d)  when a minor becomes 17 years  of  age  or
 7             older,  and  is the subject of criminal proceedings,
 8             including a hearing to determine the amount of bail,
 9             a   pre-trial    investigation,    a    pre-sentence
10             investigation,  a fitness hearing, or proceedings on
11             an application for probation.
12             (5)  Adult and Juvenile Prisoner Review Boards.
13             (6)  Authorized military personnel.
14             (7)  Victims,    their    subrogees    and     legal
15        representatives;  however, such persons shall have access
16        only to the name and address of the minor and information
17        pertaining to the disposition or  alternative  adjustment
18        plan of the juvenile court.
19             (8)  Persons engaged in bona fide research, with the
20        permission  of  the presiding judge of the juvenile court
21        and the chief executive of the agency that  prepared  the
22        particular  records;  provided  that  publication of such
23        research results in no disclosure of a  minor's  identity
24        and protects the confidentiality of the record.
25             (9)  The Secretary of State to whom the Clerk of the
26        Court  shall  report  the  disposition  of  all cases, as
27        required in Section 6-204 of the Illinois  Vehicle  Code.
28        However,  information reported relative to these offenses
29        shall be privileged and available only to  the  Secretary
30        of State, courts, and police officers.
31             (10)  The  administrator  of  a  bonafide  substance
32        abuse  student  assistance program with the permission of
33        the presiding judge of the juvenile court.
34        (B)  A minor who is the victim in a  juvenile  proceeding
 
SB745 Engrossed             -1280-             LRB9101253EGfg
 1    shall   be   provided   the  same  confidentiality  regarding
 2    disclosure of identity as the minor who  is  the  subject  of
 3    record.
 4        (C)  Except as otherwise provided in this subsection (C),
 5    juvenile  court  records  shall  not be made available to the
 6    general public but may be  inspected  by  representatives  of
 7    agencies,  associations  and  news  media  or  other properly
 8    interested persons by general or special order of the  court.
 9    The  State's  Attorney,  the minor, his parents, guardian and
10    counsel shall at all times have the right  to  examine  court
11    files and records.
12             (1)  The  court  shall  allow  the general public to
13        have access to the name, address, and offense of a  minor
14        who  is  adjudicated  a  delinquent  minor under this Act
15        under either of the following circumstances:
16                  (A)  The adjudication of delinquency was  based
17             upon  the minor's commission of first degree murder,
18             attempt to commit first  degree  murder,  aggravated
19             criminal sexual assault, or criminal sexual assault;
20             or
21                  (B)  The  court  has  made  a  finding that the
22             minor was at least 13 years of age at the  time  the
23             act   was   committed   and   the   adjudication  of
24             delinquency was based upon  the  minor's  commission
25             of: (i) an act in furtherance of the commission of a
26             felony  as  a  member  of or on behalf of a criminal
27             street gang, (ii) an act  involving  the  use  of  a
28             firearm  in the commission of a felony, (iii) an act
29             that would be a Class X felony offense under or  the
30             minor's  second  or  subsequent  Class  2 or greater
31             felony offense under the  Cannabis  Control  Act  if
32             committed  by  an adult, (iv) an act that would be a
33             second or subsequent offense under  Section  402  of
34             the  Illinois Controlled Substances Act if committed
 
SB745 Engrossed             -1281-             LRB9101253EGfg
 1             by an adult, or (v) an act that would be an  offense
 2             under   Section   401  of  the  Illinois  Controlled
 3             Substances Act if committed by an adult.
 4             (2)  The court shall allow  the  general  public  to
 5        have  access to the name, address, and offense of a minor
 6        who is at least 13 years of age at the time  the  offense
 7        is   committed   and   who   is  convicted,  in  criminal
 8        proceedings permitted  or  required  under  Section  5-4,
 9        under either of the following circumstances:
10                  (A)  The  minor  has  been  convicted  of first
11             degree  murder,  attempt  to  commit  first   degree
12             murder,   aggravated  criminal  sexual  assault,  or
13             criminal sexual assault,
14                  (B)  The court has  made  a  finding  that  the
15             minor  was  at least 13 years of age at the time the
16             offense was committed and the conviction  was  based
17             upon  the  minor's  commission of: (i) an offense in
18             furtherance of the  commission  of  a  felony  as  a
19             member  of  or  on behalf of a criminal street gang,
20             (ii) an offense involving the use of  a  firearm  in
21             the  commission  of a felony, (iii) a Class X felony
22             offense under or a second or subsequent Class  2  or
23             greater  felony  offense  under the Cannabis Control
24             Act, (iv)  a  second  or  subsequent  offense  under
25             Section  402  of  the Illinois Controlled Substances
26             Act, or (v) an offense  under  Section  401  of  the
27             Illinois Controlled Substances Act.
28        (D)  Pending or following any adjudication of delinquency
29    for  any  offense  defined in Sections 12-13 through 12-16 of
30    the Criminal Code of 1961, the victim  of  any  such  offense
31    shall  receive  the rights set out in Sections 4 and 6 of the
32    Bill of Rights for Victims and  Witnesses  of  Violent  Crime
33    Act; and the juvenile who is the subject of the adjudication,
34    notwithstanding  any  other  provision  of this Act, shall be
 
SB745 Engrossed             -1282-             LRB9101253EGfg
 1    treated as an adult for the purpose of affording such  rights
 2    to the victim.
 3        (E)  Nothing  in this Section shall affect the right of a
 4    Civil Service  Commission  or  appointing  authority  of  any
 5    state,  county  or  municipality  examining the character and
 6    fitness of an applicant for employment with a law enforcement
 7    agency or correctional institution to ascertain whether  that
 8    applicant  was ever adjudicated to be a delinquent minor and,
 9    if so, to examine the  records  of  disposition  or  evidence
10    which were made in proceedings under this Act.
11        (F)  Following  any  adjudication  of  delinquency  for a
12    crime which would be a felony if committed by  an  adult,  or
13    following  any adjudication of delinquency for a violation of
14    Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal  Code  of
15    1961,  the State's Attorney shall ascertain whether the minor
16    respondent is enrolled in school and, if so, shall provide  a
17    copy  of  the  dispositional  order to the principal or chief
18    administrative  officer  of  the  school.   Access  to   such
19    juvenile  records  shall be limited to the principal or chief
20    administrative  officer  of  the  school  and  any   guidance
21    counselor designated by him.
22        (G)  Nothing  contained  in this Act prevents the sharing
23    or  disclosure  of  information  or   records   relating   or
24    pertaining  to  juveniles  subject  to  the provisions of the
25    Serious Habitual Offender Comprehensive Action  Program  when
26    that   information   is   used   to   assist   in  the  early
27    identification and treatment of habitual juvenile offenders.
28        (H)  When a Court hearing a proceeding under  Article  II
29    of  this  Act  becomes aware that an earlier proceeding under
30    Article II had been heard in a different county,  that  Court
31    shall request, and the Court in which the earlier proceedings
32    were  initiated  shall transmit, an authenticated copy of the
33    Court record, including all documents, petitions, and  orders
34    filed   therein   and   the   minute  orders,  transcript  of
 
SB745 Engrossed             -1283-             LRB9101253EGfg
 1    proceedings, and docket entries of the Court.
 2        (I)  The Clerk of the Circuit Court shall report  to  the
 3    Department  of  State Police, in the form and manner required
 4    by the Department of State Police, the final  disposition  of
 5    each minor who has been arrested or taken into custody before
 6    his  or  her  17th birthday for those offenses required to be
 7    reported under Section 5 of the Criminal Identification  Act.
 8    Information reported to the Department under this Section may
 9    be  maintained  with  records that the Department files under
10    Section 2.1 of the Criminal Identification Act.
11    (Source: P.A. 89-198,  eff.  7-21-95;  89-235,  eff.  8-4-95;
12    89-377,  eff.  8-18-95;  89-626,  eff.  8-9-96;  90-28,  eff.
13    1-1-98; 90-87, eff. 9-1-97; 90-127, eff. 1-1-98; 90-655, eff.
14    7-30-98; revised 8-26-98.)

15        (705 ILCS 405/1-18 new)
16        Sec. 1-18.  Administrative Office of the Illinois Courts;
17    report.   The  Administrative  Office  of the Illinois Courts
18    shall study the fiscal impact of the implementation of Public
19    Act 90-590 (the Juvenile Justice Reform Provisions  of  1998)
20    which  is  under  its  authority  and submit a report of that
21    study to the General Assembly  within  12  months  after  the
22    enactment  of  that  Act.   The Administrative Office may, in
23    addition to other requests, make a request for funding of the
24    implementation of that Act.
25    (Source:  Incorporates  P.A.  90-590,  eff.  1-1-99;  revised
26    10-6-98.)

27        (705 ILCS 405/2-4) (from Ch. 37, par. 802-4)
28        Sec. 2-4.  Dependent minor.
29        (1)  Those who are dependent include any minor  under  18
30    years of age:
31             (a)  who  is  without  a  parent,  guardian or legal
32        custodian;
 
SB745 Engrossed             -1284-             LRB9101253EGfg
 1             (b)  who is  without  proper  care  because  of  the
 2        physical  or mental disability of his parent, guardian or
 3        custodian; or
 4             (c)  who is without proper medical or other remedial
 5        care recognized under State law or other  care  necessary
 6        for  his  or  her well being through no fault, neglect or
 7        lack of concern by his parents,  guardian  or  custodian,
 8        provided  that  no order may be made terminating parental
 9        rights, nor may a minor be removed from  the  custody  of
10        his  or her parents for longer than 6 months, pursuant to
11        an  adjudication  as  a  dependent   minor   under   this
12        subdivision  subsection  (c), unless it is found to be in
13        his or her  best  interest  by  the  court  or  the  case
14        automatically  closes  as  provided under Section 2-31 of
15        this Act; or
16             (d)   who has a parent, guardian or legal  custodian
17        who  with  good   cause  wishes  to  be  relieved  of all
18        residual   parental    rights    and    responsibilities,
19        guardianship  or custody, and who desires the appointment
20        of a guardian of the person with power to consent to  the
21        adoption of the minor under Section 2-29.
22        (2)  This  Section does not apply to a minor who would be
23    included herein solely for  the  purpose  of  qualifying  for
24    financial  assistance  for  himself, his parents, guardian or
25    custodian or to a minor solely because his or her  parent  or
26    guardian  has  left  the  minor for any period of time in the
27    care of an adult relative.
28    (Source: P.A. 88-491; 89-21, eff. 7-1-95; revised 10-31-98.)

29        (705 ILCS 405/2-16) (from Ch. 37, par. 802-16)
30        Sec. 2-16.  Notice by certified mail or publication.
31        (1)  If service on individuals  as  provided  in  Section
32    2-15  is  not made on any respondent within a reasonable time
33    or if it appears that  any  respondent  resides  outside  the
 
SB745 Engrossed             -1285-             LRB9101253EGfg
 1    State,  service  may be made by certified mail.  In such case
 2    the clerk shall mail the summons and a copy of  the  petition
 3    to  that  respondent by certified mail marked for delivery to
 4    addressee  only.   The  court  shall  not  proceed  with  the
 5    adjudicatory hearing until 5 days after  such  mailing.   The
 6    regular return receipt for certified mail is sufficient proof
 7    of service.
 8        (2)  Where  a  respondent's  usual  place of abode is not
 9    known, a diligent inquiry shall  be  made  to  ascertain  the
10    respondent's  current and last known address.  The Department
11    of Children and Family Services shall  adopt  rules  defining
12    the  requirements  for conducting a diligent search to locate
13    parents of minors in the  custody  of  the  Department.   If,
14    after  diligent inquiry made at any time within the preceding
15    12 months, the usual place  of  abode  cannot  be  reasonably
16    ascertained,  or  if  respondent  is  concealing  his  or her
17    whereabouts  to  avoid  service  of   process,   petitioner's
18    attorney  shall  file an affidavit at the office of the clerk
19    of  court  in  which  the  action  is  pending  showing  that
20    respondent on due inquiry cannot be found  or  is  concealing
21    his or her whereabouts so that process cannot be served.  The
22    affidavit   shall   state  the  last  known  address  of  the
23    respondent.  The affidavit shall also state what efforts were
24    made to effectuate service.  Within 3 days of receipt of  the
25    affidavit,  the  clerk  shall  issue  publication  service as
26    provided below.  The clerk shall also send a copy thereof  by
27    mail  addressed to each respondent listed in the affidavit at
28    his or her last known address.  The clerk  of  the  court  as
29    soon as possible shall cause publication to be made once in a
30    newspaper  of  general  circulation  in  the county where the
31    action is pending.  Notice by publication is not required  in
32    any case when the person alleged to have legal custody of the
33    minor has been served with summons personally or by certified
34    mail,  but  the  court  may  not  enter any order or judgment
 
SB745 Engrossed             -1286-             LRB9101253EGfg
 1    against any person who cannot be served  with  process  other
 2    than  by publication unless notice by publication is given or
 3    unless that person appears.  When a minor has been  sheltered
 4    under  Section  2-10  of  this  Act  and summons has not been
 5    served personally or by certified mail within  20  days  from
 6    the  date  of the order of court directing such shelter care,
 7    the clerk of the court shall cause  publication.   Notice  by
 8    publication shall be substantially as follows:
 9        "A,  B,  C,  D,  (here  giving  the  names  of  the named
10    respondents, if any) and to All Whom It May Concern (if there
11    is any respondent under that designation):
12        Take notice that on (insert date) the .... day  of  ....,
13    19..  a  petition  was  filed under the Juvenile Court Act of
14    1987 by ....  in the circuit court of  ....  county  entitled
15    'In  the  interest  of  ....,  a  minor',  and  that  in ....
16    courtroom at ....  on (insert date) the .... day of  ....  at
17    the  hour of ...., or as soon thereafter as this cause may be
18    heard, an adjudicatory hearing will be held upon the petition
19    to have the child declared to be a ward of  the  court  under
20    that Act.  THE COURT HAS AUTHORITY IN THIS PROCEEDING TO TAKE
21    FROM  YOU  THE  CUSTODY  AND  GUARDIANSHIP  OF  THE MINOR, TO
22    TERMINATE YOUR PARENTAL RIGHTS, AND  TO  APPOINT  A  GUARDIAN
23    WITH POWER TO CONSENT TO ADOPTION.  YOU MAY LOSE ALL PARENTAL
24    RIGHTS   TO   YOUR  CHILD.   IF  THE  PETITION  REQUESTS  THE
25    TERMINATION OF YOUR PARENTAL RIGHTS AND THE APPOINTMENT OF  A
26    GUARDIAN  WITH POWER TO CONSENT TO ADOPTION, YOU MAY LOSE ALL
27    PARENTAL RIGHTS TO THE CHILD.  Unless you appear you will not
28    be entitled to further written notices or publication notices
29    of the proceedings in this case, including the filing  of  an
30    amended petition or a motion to terminate parental rights.
31        Now,  unless  you  appear  at  the hearing and show cause
32    against the petition, the allegations  of  the  petition  may
33    stand  admitted  as against you and each of you, and an order
34    or judgment entered.
 
SB745 Engrossed             -1287-             LRB9101253EGfg
 1                                           ......................
 2                                                   Clerk
 3    Dated (insert the date of publication)"

 4        (3)  The clerk shall also at the time of the  publication
 5    of  the  notice  send  a  copy thereof by mail to each of the
 6    respondents on account of whom publication is made at his  or
 7    her last known address.  The certificate of the clerk that he
 8    or  she  has mailed the notice is evidence thereof.  No other
 9    publication notice is required.  Every respondent notified by
10    publication under this Section must appear and answer in open
11    court at the hearing.  The court may  not  proceed  with  the
12    adjudicatory   hearing   until   10  days  after  service  by
13    publication on any parent, guardian or legal custodian in the
14    case of a minor described in Section 2-3 or 2-4.
15        (4)  If it becomes necessary to change the date  set  for
16    the hearing in order to comply with Section 2-14 or with this
17    Section,  notice  of the resetting of the date must be given,
18    by  certified  mail  or  other  reasonable  means,  to   each
19    respondent  who has been served with summons personally or by
20    certified mail.
21        (5)  Notice to a parent who has appeared or  been  served
22    with summons personally or by certified mail, and for whom an
23    order  of  default  has  been  entered  on  the  petition for
24    wardship and has not been set  aside  shall  be  provided  in
25    accordance  with  Supreme  Court Rule 11.  Notice to a parent
26    who was served by  publication  and  for  whom  an  order  of
27    default has been entered on the petition for wardship and has
28    not  been set aside shall be provided in accordance with this
29    Section and Section 2-15.
30    (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608,
31    eff. 6-30-98; revised 10-20-98.)

32        (705 ILCS 405/2-17.1)
33        Sec. 2-17.1.  Court appointed special advocate.
 
SB745 Engrossed             -1288-             LRB9101253EGfg
 1        (1)  The court may appoint a special  advocate  upon  the
 2    filing of a petition under this Article or at any time during
 3    the  pendency  of  a proceeding under this Article. Except in
 4    counties  with  a  population  over  3,000,000,   the   court
 5    appointed  special  advocate  may  also  serve as guardian ad
 6    litem by appointment of the court under Section 2-17 of  this
 7    Act.
 8        (2)  The  court appointed special advocate shall act as a
 9    monitor and shall be  notified  of  all  administrative  case
10    reviews  pertaining  to  the minor and work with the parties'
11    attorneys, the guardian ad litem, and others assigned to  the
12    minor's  case  to protect the minor's health, safety and best
13    interests and insure the proper  delivery  of  child  welfare
14    services.   The   court  may  consider,  at  its  discretion,
15    testimony of the court appointed special advocate  pertaining
16    to the well-being of the child.
17        (3)  Court  appointed  special  advocates  shall serve as
18    volunteers without compensation and  shall  receive  training
19    consistent with nationally developed standards.
20        (4)  No   person  convicted  of  a  criminal  offense  as
21    specified in Section 4.2 of the Child Care Act of 1969 and no
22    person identified as a perpetrator of an act of  child  abuse
23    or  neglect  as  reflected  in the Department of Children and
24    Family Services State Central Register shall serve as a court
25    appointed special advocate.
26        (5)  All costs associated with the appointment and duties
27    of the court appointed special advocate shall be paid by  the
28    court  appointed special advocate or an organization of court
29    appointed special advocates. In  no  event  shall  the  court
30    appointed  special  advocate  be  liable  for  any  costs  of
31    services provided to the child.
32        (6)  The  court  may  remove  the court appointed special
33    advocate or the guardian ad litem from a  case  upon  finding
34    that  the court appointed special advocate or the guardian ad
 
SB745 Engrossed             -1289-             LRB9101253EGfg
 1    litem has acted in a manner  contrary  to  the  child's  best
 2    interest or if the court otherwise deems continued service is
 3    unwanted or unnecessary.
 4        (7) (a)  In  any  county  in  which  a  program  of court
 5    appointed special advocates is in operation,  the  provisions
 6    of  this  Section shall apply unless the county board of that
 7    county, by resolution, determines that the county  shall  not
 8    be governed by this Section.
 9        (8)  Any  court appointed special advocate acting in good
10    faith within the scope of his or her appointment  shall  have
11    immunity  from any civil or criminal liability that otherwise
12    might result by reason of his or her actions, except in cases
13    of willful and wanton misconduct.  For  the  purpose  of  any
14    civil  or  criminal  proceedings, the good faith of any court
15    appointed special advocate shall be presumed.
16    (Source: P.A.  90-28,  eff.  1-1-98;  90-608,  eff.  6-30-98;
17    revised 10-31-98.)

18        (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
19        Sec. 2-27. Placement; legal custody or guardianship.
20        (1)  If  the  court  determines  and  puts in writing the
21    factual basis supporting the  determination  of  whether  the
22    parents,  guardian,  or legal custodian of a minor adjudged a
23    ward of the court are unfit or are unable,  for  some  reason
24    other  than  financial  circumstances  alone,  to  care  for,
25    protect, train or discipline the minor or are unwilling to do
26    so,  and  that  the  health, safety, and best interest of the
27    minor will be jeopardized if the minor remains in the custody
28    of his or her parents, guardian or custodian, the  court  may
29    at this hearing and at any later point:
30             (a)  place  the  minor  in the custody of a suitable
31        relative or other person as legal custodian or guardian;
32             (a-5)  with  the  approval  of  the  Department   of
33        Children  and  Family  Services,  place  the minor in the
 
SB745 Engrossed             -1290-             LRB9101253EGfg
 1        subsidized guardianship of a suitable relative  or  other
 2        person as legal guardian; "subsidized guardianship" means
 3        a  private guardianship arrangement for children for whom
 4        the permanency goals of return  home  and  adoption  have
 5        been  ruled  out  and  who  meet  the  qualifications for
 6        subsidized guardianship as defined by the  Department  of
 7        Children and Family Services in administrative rules;
 8             (b)  place  the  minor  under  the guardianship of a
 9        probation officer;
10             (c)  commit the minor  to  an  agency  for  care  or
11        placement,  except  an institution under the authority of
12        the Department of Corrections or  of  the  Department  of
13        Children and Family Services;
14             (d)  commit  the minor to the Department of Children
15        and Family Services for  care  and  service;  however,  a
16        minor  charged with a criminal offense under the Criminal
17        Code of 1961  or  adjudicated  delinquent  shall  not  be
18        placed  in  the custody of or committed to the Department
19        of Children and Family Services by any  court,  except  a
20        minor  less  than  13  years  of age and committed to the
21        Department of Children and Family Services under  Section
22        5-710  of  this  Act.  The  Department shall be given due
23        notice of the pendency of the action and the Guardianship
24        Administrator of the Department of  Children  and  Family
25        Services shall be appointed guardian of the person of the
26        minor. Whenever the Department seeks to discharge a minor
27        from its care and service, the Guardianship Administrator
28        shall   petition  the  court  for  an  order  terminating
29        guardianship.   The   Guardianship   Administrator    may
30        designate  one  or more other officers of the Department,
31        appointed as Department officers by administrative  order
32        of  the  Department  Director,  authorized  to  affix the
33        signature of the Guardianship Administrator to  documents
34        affecting  the guardian-ward relationship of children for
 
SB745 Engrossed             -1291-             LRB9101253EGfg
 1        whom he or she has been appointed guardian at such  times
 2        as  he  or  she is unable to perform the duties of his or
 3        her office. The signature authorization shall include but
 4        not  be  limited  to  matters  of  consent  of  marriage,
 5        enlistment  in  the  armed  forces,  legal   proceedings,
 6        adoption,   major  medical  and  surgical  treatment  and
 7        application    for    driver's     license.     Signature
 8        authorizations  made  pursuant  to the provisions of this
 9        paragraph shall be filed with the Secretary of State  and
10        the  Secretary of State shall provide upon payment of the
11        customary fee, certified copies of the  authorization  to
12        any court or individual who requests a copy.
13        (1.5)  In  making a determination under this Section, the
14    court shall also consider whether, based on  health,  safety,
15    and the best interests of the minor,
16             (a)  appropriate    services    aimed    at   family
17        preservation   and   family   reunification   have   been
18        unsuccessful in rectifying the conditions that  have  led
19        to  a  finding  of  unfitness  or  inability to care for,
20        protect, train, or discipline the minor, or
21             (b)  no family preservation or family  reunification
22        services would be appropriate,
23    and   if  the  petition  or  amended  petition  contained  an
24    allegation that the parent is an unfit person as  defined  in
25    subdivision  (D)  of  Section  1 of the Adoption Act, and the
26    order of adjudication recites  that  parental  unfitness  was
27    established  by  clear  and  convincing  evidence,  the court
28    shall, when appropriate and  in  the  best  interest  of  the
29    minor,   enter  an  order  terminating  parental  rights  and
30    appointing a guardian with power to consent  to  adoption  in
31    accordance with Section 2-29.
32        When  making  a  placement, the court, wherever possible,
33    shall require the Department of Children and Family  Services
34    to  select a person holding the same religious belief as that
 
SB745 Engrossed             -1292-             LRB9101253EGfg
 1    of the minor or a private agency  controlled  by  persons  of
 2    like  religious  faith  of  the  minor  and shall require the
 3    Department to otherwise comply with Section 7 of the Children
 4    and Family Services Act in placing the  child.  In  addition,
 5    whenever  alternative  plans for placement are available, the
 6    court shall ascertain and consider, to the extent appropriate
 7    in the particular case, the  views  and  preferences  of  the
 8    minor.
 9        (2)  When  a  minor is placed with a suitable relative or
10    other person pursuant to item  (a)  of  subsection  (1),  the
11    court  shall  appoint  him  or  her  the  legal  custodian or
12    guardian of  the  person  of  the  minor.  When  a  minor  is
13    committed  to  any agency, the court shall appoint the proper
14    officer or  representative  thereof  as  legal  custodian  or
15    guardian  of  the  person  of the minor. Legal custodians and
16    guardians of the person of  the  minor  have  the  respective
17    rights  and duties set forth in subsection (9) of Section 1-3
18    except as otherwise  provided  by  order  of  court;  but  no
19    guardian  of  the person may consent to adoption of the minor
20    unless that  authority  is  conferred  upon  him  or  her  in
21    accordance  with Section 2-29. An agency whose representative
22    is appointed guardian of the person or legal custodian of the
23    minor may place the minor in any child care facility, but the
24    facility must be licensed under the Child Care Act of 1969 or
25    have been approved by the Department of Children  and  Family
26    Services  as  meeting  the  standards  established  for  such
27    licensing.  No  agency  may  place  a minor adjudicated under
28    Sections 2-3 or 2-4 in  a  child  care  facility  unless  the
29    placement is in compliance with the rules and regulations for
30    placement under this Section promulgated by the Department of
31    Children  and Family Services under Section 5 of the Children
32    and Family Services  Act.  Like  authority  and  restrictions
33    shall  be  conferred  by the court upon any probation officer
34    who has been appointed guardian of the person of a minor.
 
SB745 Engrossed             -1293-             LRB9101253EGfg
 1        (3)  No placement by  any  probation  officer  or  agency
 2    whose  representative  is appointed guardian of the person or
 3    legal custodian of a minor may be made in any  out  of  State
 4    child  care  facility  unless it complies with the Interstate
 5    Compact on the  Placement  of  Children.   Placement  with  a
 6    parent, however, is not subject to that Interstate Compact.
 7        (4)  The  clerk  of  the  court  shall issue to the legal
 8    custodian or guardian of the person a certified copy  of  the
 9    order  of  court, as proof of his authority. No other process
10    is necessary as authority for the keeping of the minor.
11        (5)  Custody or guardianship granted under  this  Section
12    continues  until  the  court otherwise directs, but not after
13    the minor reaches the age of 19 years except as set forth  in
14    Section 2-31.
15        (6)  (Blank).
16    (Source:  P.A.  89-21,  eff.  7-1-95;  89-422;  89-626,  eff.
17    8-9-96;  90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-512, eff.
18    8-22-97; 90-590, eff. 1-1-99; 90-608, eff.  6-30-98;  90-655,
19    eff. 7-30-98; revised 9-16-98.)

20        (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
21        Sec. 2-28. Court review.
22        (1)  The   court  may  require  any  legal  custodian  or
23    guardian of the person appointed under  this  Act  to  report
24    periodically  to  the  court  or  may cite him into court and
25    require him or his agency, to make a full and accurate report
26    of his or its doings in behalf of the minor.   The  custodian
27    or  guardian,  within 10 days after such citation, shall make
28    the report, either in writing verified by affidavit or orally
29    under oath in open court, or otherwise as the court  directs.
30    Upon  the  hearing  of  the  report  the court may remove the
31    custodian or guardian and appoint another  in  his  stead  or
32    restore  the  minor  to  the custody of his parents or former
33    guardian or custodian.  However, custody of the  minor  shall
 
SB745 Engrossed             -1294-             LRB9101253EGfg
 1    not be restored to any parent, guardian or legal custodian in
 2    any  case  in  which  the  minor  is found to be neglected or
 3    abused under Section 2-3 or dependent under  Section  2-4  of
 4    this  Act,  unless the minor can be cared for at home without
 5    endangering the minor's health or safety and  it  is  in  the
 6    best  interests  of the minor, and if such neglect, abuse, or
 7    dependency is found by  the  court  under  paragraph  (1)  of
 8    Section  2-21  of this Act to have come about due to the acts
 9    or omissions or  both  of  such  parent,  guardian  or  legal
10    custodian,  until  such  time  as an investigation is made as
11    provided in paragraph (5) and a hearing is held on the  issue
12    of the fitness of such parent, guardian or legal custodian to
13    care  for  the  minor and the court enters an order that such
14    parent, guardian or legal custodian is fit to  care  for  the
15    minor.
16        (2)  The  first  permanency hearing shall be conducted by
17    the judge.   Subsequent permanency hearings may be heard by a
18    judge or by hearing officers appointed  or  approved  by  the
19    court  in the manner set forth in Section 2-28.1 of this Act.
20    The initial hearing shall be held (a) within 12  months  from
21    the  date  temporary  custody  was taken, (b) if the parental
22    rights of both parents have  been  terminated  in  accordance
23    with  the  procedure  described  in subsection (5) of Section
24    2-21, within 30 days of the order for termination of parental
25    rights and appointment of a guardian with power to consent to
26    adoption, or (c) in accordance with subsection (2) of Section
27    2-13.1.  Subsequent permanency hearings shall be held every 6
28    months  or  more  frequently  if  necessary  in  the  court's
29    determination following the initial  permanency  hearing,  in
30    accordance  with  the  standards  set  forth in this Section,
31    until the court determines that the plan and goal  have  been
32    achieved.   Once the plan and goal have been achieved, if the
33    minor remains in substitute care, the case shall be  reviewed
34    at least every 6 months thereafter, subject to the provisions
 
SB745 Engrossed             -1295-             LRB9101253EGfg
 1    of   this   Section,  unless  the  minor  is  placed  in  the
 2    guardianship of a suitable relative or other person  and  the
 3    court  determines  that  further monitoring by the court does
 4    not further the health, safety or best interest of the  child
 5    and   that  this  is  a  stable  permanent  placement.    The
 6    permanency hearings must occur within  the  time  frames  set
 7    forth   in   this  subsection  and  may  not  be  delayed  in
 8    anticipation of a report  from  any  source  or  due  to  the
 9    agency's  failure  to  timely  file  its written report (this
10    written  report  means  the  one  required  under  the   next
11    paragraph and does not mean the service plan also referred to
12    in that paragraph).
13        The  public  agency  that is the custodian or guardian of
14    the minor, or another  agency  responsible  for  the  minor's
15    care,  shall  ensure  that  all  parties  to  the  permanency
16    hearings  are provided a copy of the most recent service plan
17    prepared within the prior  6  months  at  least  14  days  in
18    advance  of  the  hearing.  If not contained in the plan, the
19    agency shall also include a  report  setting  forth  (i)  any
20    special   physical,   psychological,   educational,  medical,
21    emotional, or other needs of the minor or his or  her  family
22    that  are relevant to a permanency or placement determination
23    and (ii) for any minor age 16 or over, a written  description
24    of  the  programs  and services that will enable the minor to
25    prepare for independent living.  The agency's written  report
26    must  detail what progress or lack of progress the parent has
27    made in correcting the conditions requiring the child  to  be
28    in  care;  whether  the  child  can  be returned home without
29    jeopardizing the child's health, safety, and welfare, and  if
30    not,  what  permanency  goal is recommended to be in the best
31    interests of the child, and why the  other  permanency  goals
32    are  not appropriate.  The caseworker must appear and testify
33    at the permanency hearing.  If a permanency hearing  has  not
34    previously  been  scheduled  by  the  court, the moving party
 
SB745 Engrossed             -1296-             LRB9101253EGfg
 1    shall move for the setting of a permanency  hearing  and  the
 2    entry  of  an  order within the time frames set forth in this
 3    subsection.
 4        At the permanency hearing, the court shall determine  the
 5    future  status  of the child.  The court shall set one of the
 6    following permanency goals:
 7             (A)  The minor will be returned home by  a  specific
 8        date within 5 months.
 9             (B)  The  minor  will  be  in short-term care with a
10        continued goal to return home  within  a  period  not  to
11        exceed  one  year,  where  the  progress of the parent or
12        parents is substantial giving particular consideration to
13        the age and individual needs of the minor.
14             (B-1)  The minor will be in short-term care  with  a
15        continued  goal  to return home pending a status hearing.
16        When  the  court  finds  that  a  parent  has  not   made
17        reasonable  efforts  or  reasonable progress to date, the
18        court shall identify what  actions  the  parent  and  the
19        Department  must  take  in  order to justify a finding of
20        reasonable efforts or reasonable progress and shall set a
21        status hearing to be held not earlier than 9 months  from
22        the  date  of  adjudication nor later than 11 months from
23        the  date  of  adjudication  during  which  the  parent's
24        progress will again be reviewed.
25             (C)  The minor will be in  substitute  care  pending
26        court determination on termination of parental rights.
27             (D)  Adoption,  provided  that  parental rights have
28        been terminated or relinquished.
29             (E)  The  guardianship  of   the   minor   will   be
30        transferred  to  an  individual  or couple on a permanent
31        basis provided that goals (A) through (D) have been ruled
32        out.
33             (F)  The minor over age 12  will  be  in  substitute
34        care pending independence.
 
SB745 Engrossed             -1297-             LRB9101253EGfg
 1             (G)  The minor will be in substitute care because he
 2        or  she  cannot be provided for in a home environment due
 3        to  developmental  disabilities  or  mental  illness   or
 4        because he or she is a danger to self or others, provided
 5        that goals (A) through (D) have been ruled out.
 6        In   selecting  any  permanency  goal,  the  court  shall
 7    indicate in writing the reasons the goal was selected and why
 8    the preceding goals were  ruled  out.  Where  the  court  has
 9    selected a permanency goal other than (A), (B), or (B-1), the
10    Department  of Children and Family Services shall not provide
11    further reunification services, but  shall  provide  services
12    consistent with the goal selected.
13        The court shall set a permanency goal that is in the best
14    interest  of  the  child.   The  court's  determination shall
15    include the following factors:
16             (1)  Age of the child.
17             (2)  Options available for permanence.
18             (3)  Current placement of the child and  the  intent
19        of the family regarding adoption.
20             (4)  Emotional,   physical,  and  mental  status  or
21        condition of the child.
22             (5)  Types  of  services  previously   offered   and
23        whether  or  not the services were successful and, if not
24        successful, the reasons the services failed.
25             (6)  Availability of services currently  needed  and
26        whether the services exist.
27             (7)  Status of siblings of the minor.
28        The   court   shall  consider  (i)  the  permanency  goal
29    contained in the service plan, (ii)  the  appropriateness  of
30    the services contained in the plan and whether those services
31    have  been  provided,  (iii)  whether reasonable efforts have
32    been made by all the parties to the service plan  to  achieve
33    the  goal,  and  (iv)  whether  the  plan  and goal have been
34    achieved.   All  evidence  relevant  to   determining   these
 
SB745 Engrossed             -1298-             LRB9101253EGfg
 1    questions,   including  oral  and  written  reports,  may  be
 2    admitted and  may  be  relied  on  to  the  extent  of  their
 3    probative value.
 4        If  the  goal  has  been  achieved, the court shall enter
 5    orders that  are  necessary  to  conform  the  minor's  legal
 6    custody and status to those findings.
 7        If,  after  receiving evidence, the court determines that
 8    the  services  contained  in  the  plan  are  not  reasonably
 9    calculated to facilitate achievement of the permanency  goal,
10    the  court  shall put in writing the factual basis supporting
11    the determination and enter specific findings  based  on  the
12    evidence.    The  court  also  shall  enter  an order for the
13    Department to develop and implement a new service plan or  to
14    implement changes to the current service plan consistent with
15    the  court's  findings.   The new service plan shall be filed
16    with the court and served on all parties within  45  days  of
17    the  date  of the order.  The court shall continue the matter
18    until the  new  service  plan  is  filed.   Unless  otherwise
19    specifically  authorized  by  law, the court is not empowered
20    under this subsection (2) or under subsection  (3)  to  order
21    specific  placements,  specific services, or specific service
22    providers to be included in the plan.
23        A guardian or custodian appointed by the  court  pursuant
24    to  this  Act  shall  file  updated case plans with the court
25    every 6 months.
26        Rights  of  wards  of  the  court  under  this  Act   are
27    enforceable  against  any  public  agency  by  complaints for
28    relief by mandamus filed in  any  proceedings  brought  under
29    this Act.
30        (3)  Following  the  permanency  hearing, the court shall
31    enter  a  written  order  that  includes  the  determinations
32    required under subsection (2) of this Section and sets  forth
33    the following:
34             (a)  The  future  status of the minor, including the
 
SB745 Engrossed             -1299-             LRB9101253EGfg
 1        permanency goal, and any order necessary to  conform  the
 2        minor's  legal  custody and status to such determination;
 3        or
 4             (b)  If the permanency goal of the minor  cannot  be
 5        achieved immediately, the specific reasons for continuing
 6        the  minor  in the care of the Department of Children and
 7        Family Services or other agency for short term placement,
 8        and the following determinations:
 9                  (i)  (Blank).
10                  (ii)  Whether  the  services  required  by  the
11             court and by any service plan  prepared  within  the
12             prior  6  months  have  been provided and (A) if so,
13             whether the services were reasonably  calculated  to
14             facilitate the achievement of the permanency goal or
15             (B)  if  not  provided,  why  the  services were not
16             provided.
17                  (iii)  Whether   the   minor's   placement   is
18             necessary, and appropriate to  the  plan  and  goal,
19             recognizing   the  right  of  minors  to  the  least
20             restrictive (most family-like) setting available and
21             in close proximity to the parents'  home  consistent
22             with  the  health, safety, best interest and special
23             needs of the minor  and,  if  the  minor  is  placed
24             out-of-State,  whether  the  out-of-State  placement
25             continues  to be appropriate and consistent with the
26             health, safety, and best interest of the minor.
27                  (iv)  (Blank).
28                  (v)  (Blank).
29        Any order entered pursuant to this subsection  (3)  shall
30    be  immediately appealable as a matter of right under Supreme
31    Court Rule 304(b)(1).
32        (4)  The minor or any person interested in the minor  may
33    apply  to  the court for a change in custody of the minor and
34    the appointment of a new custodian or guardian of the  person
 
SB745 Engrossed             -1300-             LRB9101253EGfg
 1    or  for  the  restoration  of the minor to the custody of his
 2    parents or former guardian or custodian.
 3        When return home is not selected as the permanency goal:
 4             (a)  The  Department,  the  minor,  or  the  current
 5        foster  parent  or  relative  caregiver  seeking  private
 6        guardianship may file a motion for  private  guardianship
 7        of  the  minor.   Appointment  of  a  guardian under this
 8        Section requires approval of the court.
 9             (b)  The State's  Attorney  may  file  a  motion  to
10        terminate parental rights of any parent who has failed to
11        make  reasonable  efforts to correct the conditions which
12        led to the removal of the child  or  reasonable  progress
13        toward the return of the child, as defined in subdivision
14        (D)(m)  of  Section 1 of the Adoption Act or for whom any
15        other unfitness ground for terminating parental rights as
16        defined in subdivision (D) of Section 1 of  the  Adoption
17        Act exists.
18        Custody of the minor shall not be restored to any parent,
19    guardian or legal custodian in any case in which the minor is
20    found  to  be  neglected  or  abused  under  Section  2-3  or
21    dependent under Section 2-4 of this Act, unless the minor can
22    be cared for at home without endangering his or her health or
23    safety  and  it  is in the best interest of the minor, and if
24    such neglect, abuse, or dependency  is  found  by  the  court
25    under  paragraph (1) of Section 2-21 of this Act to have come
26    about due to the acts or omissions or both  of  such  parent,
27    guardian   or   legal   custodian,  until  such  time  as  an
28    investigation is made as provided  in  paragraph  (5)  and  a
29    hearing  is  held on the issue of the health, safety and best
30    interest of  the  minor  and  the  fitness  of  such  parent,
31    guardian  or  legal  custodian  to care for the minor and the
32    court enters an order that such  parent,  guardian  or  legal
33    custodian  is  fit  to care for the minor.  In the event that
34    the minor has attained 18 years of age and  the  guardian  or
 
SB745 Engrossed             -1301-             LRB9101253EGfg
 1    custodian  petitions  the  court for an order terminating his
 2    guardianship  or  custody,  guardianship  or  custody   shall
 3    terminate  automatically  30  days  after  the receipt of the
 4    petition  unless  the  court  orders  otherwise.   No   legal
 5    custodian  or  guardian  of the person may be removed without
 6    his consent until given notice and an opportunity to be heard
 7    by the court.
 8        When the court orders a child restored to the custody  of
 9    the  parent  or  parents, the court shall order the parent or
10    parents to cooperate with  the  Department  of  Children  and
11    Family  Services  and  comply with the terms of an after-care
12    plan, or risk the loss of custody of the child  and  possible
13    termination  of  their  parental  rights.  The court may also
14    enter an order of protective supervision in  accordance  with
15    Section 2-24.
16        (5)  Whenever  a  parent,  guardian,  or  legal custodian
17    files a motion for restoration of custody of the  minor,  and
18    the  minor was adjudicated neglected, abused, or dependent as
19    a result of physical abuse, the court shall cause to be  made
20    an  investigation  as  to  whether  the  movant has ever been
21    charged with or convicted of any criminal offense which would
22    indicate the likelihood of any further physical abuse to  the
23    minor.   Evidence of such criminal convictions shall be taken
24    into account in determining whether the minor  can  be  cared
25    for  at  home without endangering his or her health or safety
26    and fitness of the parent, guardian, or legal custodian.
27             (a)  Any agency of this  State  or  any  subdivision
28        thereof  shall  co-operate with the agent of the court in
29        providing any information sought in the investigation.
30             (b)  The information derived from the  investigation
31        and  any  conclusions or recommendations derived from the
32        information shall be provided to the parent, guardian, or
33        legal custodian seeking restoration of custody  prior  to
34        the  hearing  on  fitness  and  the  movant shall have an
 
SB745 Engrossed             -1302-             LRB9101253EGfg
 1        opportunity at the hearing to refute the  information  or
 2        contest its significance.
 3             (c)  All information obtained from any investigation
 4        shall  be  confidential  as  provided in Section 5-150 of
 5        this Act.
 6    (Source:  P.A.  89-17,  eff.  5-31-95;  89-21,  eff.  7-1-95;
 7    89-626, eff. 8-9-96; 90-27, eff. 1-1-98; 90-28, eff.  1-1-98;
 8    90-87,   eff.  9-1-97;  90-590,  eff.  1-1-99;  90-608,  eff.
 9    6-30-98; 90-655, eff. 7-30-98; revised 9-16-98.)

10        (705 ILCS 405/2-30) (from Ch. 37, par. 802-30)
11        Sec. 2-30.  Notice to putative father; service.
12        1.  Upon the written request to any clerk of any  circuit
13    court by any interested party, including persons intending to
14    adopt  a  child,  a child welfare agency with whom the mother
15    has placed or has given written notice of  her  intention  to
16    place  a  child  for  adoption, the mother of a child, or any
17    attorney representing an interested party, a  notice  may  be
18    served  on a putative father in the same manner as Summons is
19    served in other proceedings under this Act,  or  in  lieu  of
20    personal service, service may be made as follows:
21             (a)  The  person  requesting notice shall furnish to
22        the clerk an original and one copy of a  notice  together
23        with  an  affidavit  setting  forth the putative father's
24        last known address. The original notice shall be retained
25        by the clerk.
26             (b)  The clerk forthwith shall mail to the  putative
27        father,  at  the  address appearing in the affidavit, the
28        copy  of  the  notice,  certified  mail,  return  receipt
29        requested; the envelope and return receipt shall bear the
30        return address of the clerk.  The receipt  for  certified
31        mail  shall  state the name and address of the addressee,
32        and the date of mailing, and shall  be  attached  to  the
33        original notice.
 
SB745 Engrossed             -1303-             LRB9101253EGfg
 1             (c)  The return receipt, when returned to the clerk,
 2        shall  be  attached  to  the  original  notice, and shall
 3        constitute proof of service.
 4             (d)  The clerk shall note the fact of service  in  a
 5        permanent record.
 6        2.  The  notice  shall be signed by the clerk, and may be
 7    served on the putative father at any time  after  conception,
 8    and shall read as follows:
 9        "IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
10        You  have  been identified as the father of a child (born
11    or on the ..... day of ....., 19..), (expected to be born  on
12    or  about  (insert  date) the ..... day of ....., 19..).  The
13    mother of said child is .....
14        The mother has indicated she intends to place  the  child
15    for adoption or otherwise have a judgment entered terminating
16    her rights with respect to such child.
17        As  the  alleged  father  of said child, you have certain
18    legal rights with respect to said child, including the  right
19    to  notice  of  the  filing of proceedings instituted for the
20    termination of your parental rights regarding said child.  If
21    you wish to retain your rights with respect  to  said  child,
22    you  must file with the Clerk of this Circuit Court of .....,
23    County, Illinois, whose address is  .....,  .....,  Illinois,
24    within  30  days  after the date of receipt of this notice, a
25    declaration of paternity stating that you are, in  fact,  the
26    father of said child and that you intend to retain your legal
27    rights  with respect to said child, or request to be notified
28    of  any  further  proceedings  with   respect   to   custody,
29    termination of parental rights or adoption of the child.
30        If  you do not file such a declaration of paternity, or a
31    request for notice, then whatever legal rights you have  with
32    respect  to  said child, including the right to notice of any
33    future proceedings for the adoption of  said  child,  may  be
34    terminated without any further notice to you. When your legal
 
SB745 Engrossed             -1304-             LRB9101253EGfg
 1    rights with respect to said child are so terminated, you will
 2    not  be  entitled  to notice of any proceeding instituted for
 3    the adoption of said child.
 4        If you are not the father of said  child,  you  may  file
 5    with the Clerk of this Court, a disclaimer of paternity which
 6    will  be  noted  in  the Clerk's file and you will receive no
 7    further notice with respect to said child.".

 8        The disclaimer of paternity  shall  be  substantially  as
 9    follows:
10                    "IN THE CIRCUIT COURT OF THE
11                .......... JUDICIAL CIRCUIT, ILLINOIS
12                          .......... County
13                  )
14                  )
15                  ) No.              )
16                  )
17            DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
18                       AND CONSENT TO ADOPTION
19    I, .........., state as follows:
20        (1)  That  I  am  .....  years  of  age;  and I reside at
21    .......... in the County of .........., State of ...........
22        (2)  That I have been  advised  that  ..........  is  the
23    mother  of  a .....male child named ..... born or expected to
24    be born on or about ..... and that  such  mother  has  stated
25    that I am the father of this child.
26        (3)  I deny that I am the father of this child.
27        (4)  I  further  understand that the mother of this child
28    wishes to consent to the adoption of  the  child.   I  hereby
29    consent  to the adoption of this child, and waive any rights,
30    remedies and defenses that I may now or in the future have as
31    a result of the mother's allegation of the paternity of  this
32    child.    This  consent is being given in order to facilitate
33    the adoption of the child and so that the court may terminate
34    what rights I may have to the child  as  a  result  of  being
 
SB745 Engrossed             -1305-             LRB9101253EGfg
 1    named  the  father by the mother.  This consent is not in any
 2    manner an admission of paternity.
 3        (5)  I hereby enter my appearance in the  above  entitled
 4    cause  and  waive  service  of summons and other pleading and
 5    consent to an immediate hearing on a  petition  TO  TERMINATE
 6    PARENTAL  RIGHTS  AND TO APPOINT A GUARDIAN WITH THE POWER TO
 7    CONSENT TO THE ADOPTION OF THIS CHILD.
 8                                OATH
 9        I have been duly sworn and I say under oath that  I  have
10    read  and  understood  this Denial of Paternity With Entry of
11    Appearance and Consent to Adoption.  The  facts  it  contains
12    are  true  and  correct  to  the  best of my knowledge, and I
13    understand that by signing this document I have not  admitted
14    paternity.    I  have  signed  this  document  as my free and
15    voluntary act in order to  facilitate  the  adoption  of  the
16    child.
17                                                      ...........
18                                                      (signature)
19    Dated (insert date).
20    this ..... day of ....., 19...
21    Signed and sworn before me on (insert date).
22    this ..... day of ....., 19...
23                                                .................
24                                                (notary public)".

25        The  names  of  adoptive  parents,  if  any, shall not be
26    included in the notice.
27        3.  If  the  putative  father  files  a   disclaimer   of
28    paternity,  he  shall  be  deemed not to be the father of the
29    child with respect to any adoption or other  proceeding  held
30    to terminate the rights of parents as respects such child.
31        4.  In  the  event  the  putative  father does not file a
32    declaration of paternity of the child or request  for  notice
33    within 30 days of service of the above notice, he need not be
34    made a party to or given notice of any proceeding brought for
 
SB745 Engrossed             -1306-             LRB9101253EGfg
 1    the  adoption  of  the  child.  An  order  or judgment may be
 2    entered in such proceeding terminating all of his rights with
 3    respect to said child without further notice to him.
 4        5.  If  the  putative  father  files  a  declaration   of
 5    paternity   or  a  request  for  notice  in  accordance  with
 6    subsection 2 with respect to the child,  he  shall  be  given
 7    notice  in  the  event  any  proceeding  is  brought  for the
 8    adoption of the child or for termination of  parents'  rights
 9    of the child.
10        6.  The  Clerk shall maintain separate numbered files and
11    records of requests and  proofs  of  service  and  all  other
12    documents  filed  pursuant  to this article. All such records
13    shall be impounded.
14    (Source: P.A. 85-601; revised 10-20-98.)

15        (705 ILCS 405/3-18) (from Ch. 37, par. 803-18)
16        Sec. 3-18.  Notice by certified mail or publication.
17        (1)  If service on individuals  as  provided  in  Section
18    3-17  is  not made on any respondent within a reasonable time
19    or if it appears that  any  respondent  resides  outside  the
20    State,  service  may be made by certified mail.  In such case
21    the clerk shall mail the summons and a copy of  the  petition
22    to  that  respondent by certified mail marked for delivery to
23    addressee  only.   The  court  shall  not  proceed  with  the
24    adjudicatory hearing until 5 days after  such  mailing.   The
25    regular return receipt for certified mail is sufficient proof
26    of service.
27        (2)  If  service  upon individuals as provided in Section
28    3-17 is not made on any respondents within a reasonable  time
29    or  if  any person is made a respondent under the designation
30    of "All whom it may Concern", or if service  cannot  be  made
31    because  the whereabouts of a respondent are unknown, service
32    may be made by publication.  The clerk of the court  as  soon
33    as  possible  shall  cause  publication  to be made once in a
 
SB745 Engrossed             -1307-             LRB9101253EGfg
 1    newspaper of general circulation  in  the  county  where  the
 2    action  is pending.  Notice by publication is not required in
 3    any case when the person alleged to have legal custody of the
 4    minor has been served with summons personally or by certified
 5    mail, but the court may  not  enter  any  order  or  judgment
 6    against  any  person  who cannot be served with process other
 7    than by publication unless notice by publication is given  or
 8    unless  that person appears.  When a minor has been sheltered
 9    under Section 3-12 of this  Act  and  summons  has  not  been
10    served  personally  or  by certified mail within 20 days from
11    the date of the order of the  court  directing  such  shelter
12    care, the clerk of the court shall cause publication.  Notice
13    by publication shall be substantially as follows:
14        "A,  B,  C,  D,  (here  giving  the  names  of  the named
15    respondents, if any) and to All Whom It May Concern (if there
16    is any respondent under that designation):
17        Take notice that on (insert date) the .... day  of  ....,
18    19..  a  petition  was  filed under the Juvenile Court Act of
19    1987 by .... in the circuit court of .... county entitled 'In
20    the interest of ...., a minor', and that in .... courtroom at
21    .... on (insert date) the .... day of ....  at  the  hour  of
22    ....,  or  as  soon thereafter as this cause may be heard, an
23    adjudicatory hearing will be held upon the petition  to  have
24    the  child declared to be a ward of the court under that Act.
25    The court has authority in this proceeding to take  from  you
26    the  custody  and  guardianship  of  the  minor,  (and if the
27    petition prays for the appointment of a guardian  with  power
28    to  consent to adoption) and to appoint a guardian with power
29    to consent to adoption of the minor.
30        Now, unless you appear at  the  hearing  and  show  cause
31    against  the  petition,  the  allegations of the petition may
32    stand admitted as against you and each of you, and  an  order
33    or judgment entered.
34                                           ......................
 
SB745 Engrossed             -1308-             LRB9101253EGfg
 1                                                   Clerk
 2    Dated (insert the date of publication)"
 3        (3)  The  clerk shall also at the time of the publication
 4    of the notice send a copy thereof by  mail  to  each  of  the
 5    respondents  on account of whom publication is made at his or
 6    her last known address.  The certificate of the clerk that he
 7    or she has mailed the notice is evidence thereof.   No  other
 8    publication notice is required.  Every respondent notified by
 9    publication under this Section must appear and answer in open
10    court  at  the  hearing.   The court may not proceed with the
11    adjudicatory  hearing  until  10  days   after   service   by
12    publication  on  any  custodial  parent,  guardian  or  legal
13    custodian  in  the  case  of  a minor requiring authoritative
14    intervention.
15        (4)  If it becomes necessary to change the date  set  for
16    the hearing in order to comply with Section 3-17 or with this
17    Section,  notice  of the resetting of the date must be given,
18    by  certified  mail  or  other  reasonable  means,  to   each
19    respondent  who has been served with summons personally or by
20    certified mail.
21    (Source: P.A. 85-601; revised 10-20-98.)

22        (705 ILCS 405/3-31) (from Ch. 37, par. 803-31)
23        Sec. 3-31. Notice to putative father; service.
24        1.  Upon the written request to any Clerk of any  Circuit
25    Court by any interested party, including persons intending to
26    adopt  a  child,  a child welfare agency with whom the mother
27    has placed or has given written notice of  her  intention  to
28    place  a  child  for  adoption, the mother of a child, or any
29    attorney representing an interested party, a  notice  may  be
30    served  on a putative father in the same manner as Summons is
31    served in other proceedings under this Act,  or  in  lieu  of
32    personal service, service may be made as follows:
33             (a)  The  person  requesting notice shall furnish to
 
SB745 Engrossed             -1309-             LRB9101253EGfg
 1        the Clerk an original and one copy of a  notice  together
 2        with  an  Affidavit  setting  forth the putative father's
 3        last known address. The original notice shall be retained
 4        by the Clerk.
 5             (b)  The Clerk forthwith shall mail to the  putative
 6        father,  at  the  address appearing in the Affidavit, the
 7        copy  of  the  notice,  certified  mail,  return  receipt
 8        requested; the envelope and return receipt shall bear the
 9        return address of the Clerk. The  receipt  for  certified
10        mail  shall  state the name and address of the addressee,
11        and the date of mailing, and shall  be  attached  to  the
12        original notice.
13             (c)  The return receipt, when returned to the Clerk,
14        shall  be  attached  to  the  original  notice, and shall
15        constitute proof of service.
16             (d)  The Clerk shall note the fact of service  in  a
17        permanent record.
18        2.  The  notice  shall be signed by the Clerk, and may be
19    served on the putative father at any time  after  conception,
20    and shall read as follows:
21        "IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
22        You  have  been identified as the father of a child (born
23    on the ..... day of ....., 19..), or (expected to be born  on
24    or  about  (insert date). the ..... day of ....., 19..).  The
25    mother of said child is .....
26        The mother has indicated she intends to place  the  child
27    for adoption or otherwise have a judgment entered terminating
28    her rights with respect to such child.
29        As  the  alleged  father  of said child, you have certain
30    legal rights with respect to said child, including the  right
31    to  notice  of  the  filing of proceedings instituted for the
32    termination of your parental rights regarding said child.  If
33    you  wish  to  retain your rights with respect to said child,
34    you must file with the Clerk of this Circuit Court of  .....,
 
SB745 Engrossed             -1310-             LRB9101253EGfg
 1    County,  Illinois,  whose  address is ....., ....., Illinois,
 2    within 30 days after the date of receipt of  this  notice,  a
 3    declaration  of  paternity stating that you are, in fact, the
 4    father of said child and that you intend to retain your legal
 5    rights with respect to said child, or request to be  notified
 6    of   any   further   proceedings  with  respect  to  custody,
 7    termination of parental rights or adoption of the child.
 8        If you do not file such a declaration of paternity, or  a
 9    request  for notice, then whatever legal rights you have with
10    respect to said child, including the right to notice  of  any
11    future  proceedings  for  the  adoption of said child, may be
12    terminated without any further notice to you. When your legal
13    rights with respect to said child are so terminated, you will
14    not be entitled to notice of any  proceeding  instituted  for
15    the adoption of said child.
16        If  you  are  not  the father of said child, you may file
17    with the Clerk of this Court, a disclaimer of paternity which
18    will be noted in the Clerk's file and  you  will  receive  no
19    further notice with respect to said child.".

20        The  disclaimer  of  paternity  shall be substantially as
21    follows:
22                    "IN THE CIRCUIT COURT OF THE
23                .......... JUDICIAL CIRCUIT, ILLINOIS
24                          .......... County
25                  )
26                  )
27                  ) No.              )
28                  )
29            DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
30                       AND CONSENT TO ADOPTION
31    I, .........., state as follows:
32        (1)  That I am .....  years  of  age;  and  I  reside  at
33    .......... in the County of .........., State of ...........
34        (2)  That  I  have  been  advised  that .......... is the
 
SB745 Engrossed             -1311-             LRB9101253EGfg
 1    mother of a .....male child named ..... born or  expected  to
 2    be  born  on  or  about ..... and that such mother has stated
 3    that I am the father of this child.
 4        (3)  I deny that I am the father of this child.
 5        (4)  I further understand that the mother of  this  child
 6    wishes  to  consent  to  the adoption of the child.  I hereby
 7    consent to the adoption of this child, and waive any  rights,
 8    remedies and defenses that I may now or in the future have as
 9    a  result of the mother's allegation of the paternity of this
10    child.  This consent is being given in  order  to  facilitate
11    the adoption of the child and so that the court may terminate
12    what  rights  I  may  have  to the child as a result of being
13    named the father by the mother.  This consent is not  in  any
14    manner an admission of paternity.
15        (5)  I  hereby  enter my appearance in the above entitled
16    cause and waive service of summons  and  other  pleading  and
17    consent  to  an  immediate hearing on a petition TO TERMINATE
18    PARENTAL RIGHTS AND TO APPOINT A GUARDIAN WITH THE  POWER  TO
19    CONSENT TO THE ADOPTION OF THIS CHILD.
20                                OATH
21        I  have  been duly sworn and I say under oath that I have
22    read and understood this Denial of Paternity  With  Entry  of
23    Appearance and Consent to Adoption. The facts it contains are
24    true  and  correct  to  the  best  of  my  knowledge,  and  I
25    understand  that by signing this document I have not admitted
26    paternity.  I have  signed  this  document  as  my  free  and
27    voluntary  act  in  order  to  facilitate the adoption of the
28    child.
29                                                      ...........
30                                                      (signature)
31    Dated (insert date). this ..... day of ....., 19...
32    Signed and sworn before me on (insert date).
33    this ..... day of ....., 19...
34                                                .................
 
SB745 Engrossed             -1312-             LRB9101253EGfg
 1                                                (notary public)".

 2        The names of adoptive  parents,  if  any,  shall  not  be
 3    included in the notice.
 4        3.  If   the   putative  father  files  a  disclaimer  of
 5    paternity, he shall be deemed not to be  the  father  of  the
 6    child  with  respect to any adoption or other proceeding held
 7    to terminate the rights of parents as respects such child.
 8        4.  In the event the putative  father  does  not  file  a
 9    declaration  of  paternity of the child or request for notice
10    within 30 days of service of the above notice, he need not be
11    made a party to or given notice of any proceeding brought for
12    the adoption of the  child.  An  Order  or  Judgment  may  be
13    entered in such proceeding terminating all of his rights with
14    respect to said child without further notice to him.
15        5.  If   the  putative  father  files  a  declaration  of
16    paternity  or  a  request  for  notice  in  accordance   with
17    subsection  2  with  respect  to the child, he shall be given
18    notice in  the  event  any  proceeding  is  brought  for  the
19    adoption  of  the child or for termination of parents' rights
20    of the child.
21        6.  The Clerk shall maintain separate numbered files  and
22    records  of  requests  and  proofs  of  service and all other
23    documents filed pursuant to this article.  All  such  records
24    shall be impounded.
25    (Source: P.A. 85-601; revised 10-20-98.)

26        (705 ILCS 405/4-15) (from Ch. 37, par. 804-15)
27        Sec. 4-15.  Notice by certified mail or publication.
28        (1)  If  service  on  individuals  as provided in Section
29    4-14 is not made on any respondent within a  reasonable  time
30    or  if  it  appears  that  any respondent resides outside the
31    State, service may be made by certified mail.  In  such  case
32    the  clerk  shall mail the summons and a copy of the petition
33    to that respondent by certified mail marked for  delivery  to
 
SB745 Engrossed             -1313-             LRB9101253EGfg
 1    addressee  only.   The  court  shall  not  proceed  with  the
 2    adjudicatory  hearing  until  5 days after such mailing.  The
 3    regular return receipt for certified mail is sufficient proof
 4    of service.
 5        (2)  If service upon individuals as provided  in  Section
 6    4-14  is not made on any respondents within a reasonable time
 7    or if any person is made a respondent under  the  designation
 8    of  "All  whom  it may Concern", or if service cannot be made
 9    because the whereabouts of a respondent are unknown,  service
10    may  be  made by publication.  The clerk of the court as soon
11    as possible shall cause publication to  be  made  once  in  a
12    newspaper  of  general  circulation  in  the county where the
13    action is pending.  Notice by publication is not required  in
14    any case when the person alleged to have legal custody of the
15    minor has been served with summons personally or by certified
16    mail,  but  the  court  may  not  enter any order or judgment
17    against any person who cannot be served  with  process  other
18    than  by publication unless notice by publication is given or
19    unless that person appears.  When a minor has been  sheltered
20    under Section 4-6 of this Act and summons has not been served
21    personally  or by certified mail within 20 days from the date
22    of the order of court directing such shelter care, the  clerk
23    of  the court shall cause publication.  Notice by publication
24    shall be substantially as follows:
25        "A, B,  C,  D,  (here  giving  the  names  of  the  named
26    respondents, if any) and to All Whom It May Concern (if there
27    is any respondent under that designation):
28        Take  notice  that on (insert date) the .... day of ....,
29    19.. a petition was filed under the  Juvenile  Court  Act  of
30    1987 by .... in the circuit court of .... county entitled 'In
31    the interest of ...., a minor', and that in .... courtroom at
32    .... on the .... day of ....  at the hour of ...., or as soon
33    thereafter  as  this  cause  may  be  heard,  an adjudicatory
34    hearing will be held upon the  petition  to  have  the  child
 
SB745 Engrossed             -1314-             LRB9101253EGfg
 1    declared to be a ward of the court under that Act.  The court
 2    has authority in this proceeding to take from you the custody
 3    and guardianship of the minor, (and if the petition prays for
 4    the  appointment  of  a  guardian  with  power  to consent to
 5    adoption) and to appoint a guardian with power to consent  to
 6    adoption of the minor.
 7        Now,  unless  you  appear  at  the hearing and show cause
 8    against the petition, the allegations  of  the  petition  may
 9    stand  admitted  as against you and each of you, and an order
10    or judgment entered.
11                                           ......................
12                                                   Clerk
13    Dated (insert the date of publication)"
14        (3)  The clerk shall also at the time of the  publication
15    of  the  notice  send  a  copy thereof by mail to each of the
16    respondents on account of whom publication is made at his  or
17    her last known address.  The certificate of the clerk that he
18    or  she  has mailed the notice is evidence thereof.  No other
19    publication notice is required.  Every respondent notified by
20    publication under this Section must appear and answer in open
21    court at the hearing.  The court may  not  proceed  with  the
22    adjudicatory   hearing   until   10  days  after  service  by
23    publication  on  any  custodial  parent,  guardian  or  legal
24    custodian.
25        (4)  If it becomes necessary to change the date  set  for
26    the hearing in order to comply with Section 4-14 or with this
27    Section,  notice  of the resetting of the date must be given,
28    by  certified  mail  or  other  reasonable  means,  to   each
29    respondent  who has been served with summons personally or by
30    certified mail.
31    (Source: P.A. 85-601; revised 10-20-98.)

32        (705 ILCS 405/4-28) (from Ch. 37, par. 804-28)
33        Sec. 4-28.  Notice to putative father.
 
SB745 Engrossed             -1315-             LRB9101253EGfg
 1        1.  Upon the written request to any Clerk of any  Circuit
 2    Court by any interested party, including persons intending to
 3    adopt  a  child,  a child welfare agency with whom the mother
 4    has placed or has given written notice of  her  intention  to
 5    place  a  child  for  adoption, the mother of a child, or any
 6    attorney representing an interested party, a  notice  may  be
 7    served  on a putative father in the same manner as Summons is
 8    served in other proceedings under this Act,  or  in  lieu  of
 9    personal service, service may be made as follows:
10             (a)  The  person  requesting notice shall furnish to
11        the Clerk an original and one copy of a  notice  together
12        with  an  Affidavit  setting  forth the putative father's
13        last known address. The original notice shall be retained
14        by the Clerk.
15             (b)  The Clerk forthwith shall mail to the  putative
16        father,  at  the  address appearing in the Affidavit, the
17        copy  of  the  notice,  certified  mail,  return  receipt
18        requested; the envelope and return receipt shall bear the
19        return address of the Clerk. The  receipt  for  certified
20        mail  shall  state the name and address of the addressee,
21        and the date of mailing, and shall  be  attached  to  the
22        original notice.
23             (c)  The return receipt, when returned to the Clerk,
24        shall  be  attached  to  the  original  notice, and shall
25        constitute proof of service.
26             (d)  The Clerk shall note the fact of service  in  a
27        permanent record.
28        2.  The  notice  shall be signed by the Clerk, and may be
29    served on the putative father at any time  after  conception,
30    and shall read as follows:
31        "IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
32        You  have  been identified as the father of a child (born
33    on the ..... day of ....., 19..), or (expected to be born  on
34    or  about  (insert date). the ..... day of ....., 19..).  The
 
SB745 Engrossed             -1316-             LRB9101253EGfg
 1    mother of said child is .....
 2        The mother has indicated she intends to place  the  child
 3    for adoption or otherwise have a judgment entered terminating
 4    her rights with respect to such child.
 5        As  the  alleged  father  of said child, you have certain
 6    legal rights with respect to said child, including the  right
 7    to  notice  of  the  filing of proceedings instituted for the
 8    termination of your parental rights regarding said child.  If
 9    you  wish  to  retain your rights with respect to said child,
10    you must file with the Clerk of this Circuit Court of  .....,
11    County,  Illinois,  whose  address is ....., ....., Illinois,
12    within 30 days after the date of receipt of  this  notice,  a
13    declaration  of  paternity stating that you are, in fact, the
14    father of said child and that you intend to retain your legal
15    rights with respect to said child, or request to be  notified
16    of   any   further   proceedings  with  respect  to  custody,
17    termination of parental rights or adoption of the child.
18        If you do not file such a declaration of paternity, or  a
19    request  for notice, then whatever legal rights you have with
20    respect to said child, including the right to notice  of  any
21    future  proceedings  for  the  adoption of said child, may be
22    terminated without any further notice to you. When your legal
23    rights with respect to said child are so terminated, you will
24    not be entitled to notice of any  proceeding  instituted  for
25    the adoption of said child.
26        If  you  are  not  the father of said child, you may file
27    with the Clerk of this Court, a disclaimer of paternity which
28    will be noted in the Clerk's file and  you  will  receive  no
29    further notice with respect to said child.".

30        The  disclaimer  of  paternity  shall be substantially as
31    follows:
32                    "IN THE CIRCUIT COURT OF THE
33                .......... JUDICIAL CIRCUIT, ILLINOIS
34                          .......... County
 
SB745 Engrossed             -1317-             LRB9101253EGfg
 1                  )
 2                  )
 3                  ) No.              )
 4                  )
 5            DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
 6                       AND CONSENT TO ADOPTION
 7    I, .........., state as follows:
 8        (1)  That I am .....  years  of  age;  and  I  reside  at
 9    .......... in the County of .........., State of ...........
10        (2)  That  I  have  been  advised  that .......... is the
11    mother of a .....male child named ..... born or  expected  to
12    be  born  on  or  about ..... and that such mother has stated
13    that I am the father of this child.
14        (3)  I deny that I am the father of this child.
15        (4)  I further understand that the mother of  this  child
16    wishes  to  consent  to  the adoption of the child.  I hereby
17    consent to the adoption of this child, and waive any  rights,
18    remedies and defenses that I may now or in the future have as
19    a  result of the mother's allegation of the paternity of this
20    child.  This consent is being given in  order  to  facilitate
21    the adoption of the child and so that the court may terminate
22    what  rights  I  may  have  to the child as a result of being
23    named the father by the mother.  This consent is not  in  any
24    manner an admission of paternity.
25        (5)  I  hereby  enter my appearance in the above entitled
26    cause and waive service of summons  and  other  pleading  and
27    consent  to  an  immediate hearing on a petition TO TERMINATE
28    PARENTAL RIGHTS AND TO APPOINT A GUARDIAN WITH THE  POWER  TO
29    CONSENT TO THE ADOPTION OF THIS CHILD.
30                                OATH
31        I  have  been duly sworn and I say under oath that I have
32    read and understood this Denial of Paternity  With  Entry  of
33    Appearance and Consent to Adoption. The facts it contains are
34    true  and  correct  to  the  best  of  my  knowledge,  and  I
 
SB745 Engrossed             -1318-             LRB9101253EGfg
 1    understand  that by signing this document I have not admitted
 2    paternity.  I have  signed  this  document  as  my  free  and
 3    voluntary  act  in  order  to  facilitate the adoption of the
 4    child.
 5                                                      ...........
 6                                                      (signature)
 7    Dated (insert date).
 8    this ..... day of ....., 19...
 9    Signed and sworn before me on (insert date).
10    this ..... day of ....., 19...
11                                                .................
12                                                (notary public)".

13        The names of adoptive  parents,  if  any,  shall  not  be
14    included in the notice.
15        3.  If   the   putative  father  files  a  disclaimer  of
16    paternity, he shall be deemed not to be  the  father  of  the
17    child  with  respect to any adoption or other proceeding held
18    to terminate the rights of parents as respects such child.
19        4.  In the event the putative  father  does  not  file  a
20    declaration  of  paternity of the child or request for notice
21    within 30 days of service of the above notice, he need not be
22    made a party to or given notice of any proceeding brought for
23    the adoption of the  child.  An  Order  or  Judgment  may  be
24    entered in such proceeding terminating all of his rights with
25    respect to said child without further notice to him.
26        5.  If   the  putative  father  files  a  declaration  of
27    paternity  or  a  request  for  notice  in  accordance   with
28    subsection  2  with  respect  to the child, he shall be given
29    notice in  the  event  any  proceeding  is  brought  for  the
30    adoption  of  the child or for termination of parents' rights
31    of the child.
32        6.  The Clerk shall maintain separate numbered files  and
33    records  of  requests  and  proofs  of  service and all other
34    documents filed pursuant to this article.  All  such  records
 
SB745 Engrossed             -1319-             LRB9101253EGfg
 1    shall be impounded.
 2    (Source: P.A. 85-601; revised 10-20-98.)

 3        (705 ILCS 405/5-135)
 4        Sec. 5-135. Venue.
 5        (1)  Venue  under  this  Article lies in the county where
 6    the minor resides, where the alleged violation  or  attempted
 7    violation  of  federal  or, State law or, county or municipal
 8    ordinance occurred or in the county where the  order  of  the
 9    court,  alleged  to have been violated by the minor, was made
10    unless subsequent to the  order  the  proceedings  have  been
11    transferred to another county.
12        (2)  If  proceedings  are  commenced  in any county other
13    than that of the minor's residence, the court  in  which  the
14    proceedings  were  initiated  may at any time before or after
15    adjudication of wardship transfer the case to the  county  of
16    the  minor's  residence  by transmitting to the court in that
17    county an authenticated copy of the court  record,  including
18    all  documents,  petitions  and orders filed in that court, a
19    copy of all reports prepared by the agency providing services
20    to the minor, and the minute orders and docket entries of the
21    court.  Transfer in like manner may be made in the event of a
22    change of residence from one county to  another  of  a  minor
23    concerning whom proceedings are pending.
24    (Source: P.A. 90-590, eff. 1-1-99; revised 10-28-98.)

25        (705 ILCS 405/5-525)
26        Sec. 5-525.  Service.
27        (1)  Service by summons.
28             (a)  Upon   the   commencement   of   a  delinquency
29        prosecution, the clerk of the court shall issue a summons
30        with a copy of the petition attached.  The summons  shall
31        be  directed  to  the  minor's  parent, guardian or legal
32        custodian and to each person named as a respondent in the
 
SB745 Engrossed             -1320-             LRB9101253EGfg
 1        petition, except that summons need not be directed (i) to
 2        a minor respondent under 8 years  of  age  for  whom  the
 3        court  appoints  a  guardian  ad litem if the guardian ad
 4        litem appears on behalf of the minor  in  any  proceeding
 5        under  this  Act, or (ii) to a parent who does not reside
 6        with the minor,  does  not  make  regular  child  support
 7        payments to the minor, to the minor's other parent, or to
 8        the  minor's  legal  guardian  or custodian pursuant to a
 9        support order, and has not communicated with the minor on
10        a regular basis.
11             (b)  The summons must contain a statement  that  the
12        minor  is  entitled  to  have  an attorney present at the
13        hearing on the petition, and that the clerk of the  court
14        should  be  notified  promptly if the minor desires to be
15        represented by an attorney but is financially  unable  to
16        employ counsel.
17             (c)  The  summons  shall be issued under the seal of
18        the court, attested in and signed with the  name  of  the
19        clerk  of  the  court, dated on the day it is issued, and
20        shall require each respondent to appear  and  answer  the
21        petition on the date set for the adjudicatory hearing.
22             (d)  The   summons   may   be   served  by  any  law
23        enforcement officer, coroner or probation  officer,  even
24        though  the officer is the petitioner.  The return of the
25        summons with endorsement of service  by  the  officer  is
26        sufficient proof of service.
27             (e)  Service of a summons and petition shall be made
28        by:   (i) leaving a copy of the summons and petition with
29        the person summoned at  least  3  days  before  the  time
30        stated  in  the  summons  for appearance;  (ii) leaving a
31        copy at his or her usual place of abode with some  person
32        of  the  family,  of  the age of 10 years or upwards, and
33        informing that person of the contents of the summons  and
34        petition,  provided,  the  officer or other person making
 
SB745 Engrossed             -1321-             LRB9101253EGfg
 1        service shall also send a copy of the summons in a sealed
 2        envelope with postage fully  prepaid,  addressed  to  the
 3        person  summoned  at  his or her usual place of abode, at
 4        least 3 days before the time stated in  the  summons  for
 5        appearance;  or  (iii)  leaving a copy of the summons and
 6        petition with the guardian or custodian of  a  minor,  at
 7        least  3  days  before the time stated in the summons for
 8        appearance.  If the guardian or  legal  custodian  is  an
 9        agency  of  the  State of Illinois, proper service may be
10        made by leaving a copy of the summons and  petition  with
11        any  administrative  employee of the agency designated by
12        the  agency  to  accept  the  service  of   summons   and
13        petitions.   The  certificate of the officer or affidavit
14        of the person that he or she has sent the  copy  pursuant
15        to this Section is sufficient proof of service.
16             (f)  When a parent or other person, who has signed a
17        written promise to appear and bring the minor to court or
18        who  has  waived or acknowledged service, fails to appear
19        with the minor on the date set  by  the  court,  a  bench
20        warrant may be issued for the parent or other person, the
21        minor, or both.
22        (2)  Service by certified mail or publication.
23             (a)  If   service  on  individuals  as  provided  in
24        subsection (1) is not made on  any  respondent  within  a
25        reasonable  time  or  if  it  appears that any respondent
26        resides  outside  the  State,  service  may  be  made  by
27        certified mail.  In that case the clerk  shall  mail  the
28        summons  and a copy of the petition to that respondent by
29        certified mail marked for  delivery  to  addressee  only.
30        The court shall not proceed with the adjudicatory hearing
31        until  5  days  after  the  mailing.   The regular return
32        receipt  for  certified  mail  is  sufficient  proof   of
33        service.
34             (b)  If  service  upon  individuals  as  provided in
 
SB745 Engrossed             -1322-             LRB9101253EGfg
 1        subsection (1) is not made on any respondents   within  a
 2        reasonable  time  or  if  any person is made a respondent
 3        under the designation of "All Whom It May Concern", or if
 4        service cannot be  made  because  the  whereabouts  of  a
 5        respondent   are   unknown,   service   may  be  made  by
 6        publication.  The clerk of the court as soon as  possible
 7        shall cause publication to be made once in a newspaper of
 8        general  circulation  in  the  county where the action is
 9        pending.  Service by publication is not required  in  any
10        case when the person alleged to have legal custody of the
11        minor  has  been  served  with  summons  personally or by
12        certified mail, but the court may not enter any order  or
13        judgment  against  any  person  who cannot be served with
14        process other  than  by  publication  unless  service  by
15        publication  is  given  or  unless  that  person appears.
16        Failure  to  provide  service   by   publication   to   a
17        non-custodial  parent whose whereabouts are unknown shall
18        not deprive the court of jurisdiction to proceed  with  a
19        trial  or  a  plea  of  delinquency by the minor.  When a
20        minor has been detained or sheltered under Section  5-501
21        of this Act and summons has not been served personally or
22        by  certified  mail  within  20 days from the date of the
23        order of court directing such detention or shelter  care,
24        the  clerk of the court shall cause publication.  Service
25        by publication shall be substantially as follows:
26                  "A, B, C, D, (here  giving  the  names  of  the
27             named  respondents,  if  any) and to All Whom It May
28             Concern (if  there  is  any  respondent  under  that
29             designation):
30                  Take  notice that on (insert date) the .... day
31             of  ....,  19..  a  petition  was  filed  under  the
32             Juvenile Court Act of 1987 by ....  in  the  circuit
33             court  of  ....  county entitled 'In the interest of
34             ...., a minor', and that in .... courtroom  at  ....
 
SB745 Engrossed             -1323-             LRB9101253EGfg
 1             on (insert date) the .... day of .... at the hour of
 2             ....,  or  as  soon  thereafter as this cause may be
 3             heard, an adjudicatory hearing will be held upon the
 4             petition to have the child declared to be a ward  of
 5             the  court  under that Act.  The court has authority
 6             in this proceeding to take from you the custody  and
 7             guardianship of the minor.
 8                  Now,  unless you appear at the hearing and show
 9             cause against the petition, the allegations  of  the
10             petition  may stand admitted as against you and each
11             of you, and an order or judgment entered.
12                  ........................................
13                  Clerk
14                  Dated (insert the date of publication)"
15             (c)  The  clerk  shall  also  at  the  time  of  the
16        publication of the notice send a copy of  the  notice  by
17        mail  to  each  of  the  respondents  on  account of whom
18        publication is made at his or  her  last  known  address.
19        The  certificate  of  the clerk that he or she has mailed
20        the  notice  is  evidence  of  that  mailing.   No  other
21        publication  notice  is   required.    Every   respondent
22        notified  by  publication  under this Section must appear
23        and answer in open court at the hearing.  The  court  may
24        not  proceed  with the adjudicatory hearing until 10 days
25        after service by publication  on  any  custodial  parent,
26        guardian  or  legal  custodian  of  a minor alleged to be
27        delinquent.
28             (d)  If it becomes necessary to change the date  set
29        for  the  hearing  in  order to comply with this Section,
30        notice of the resetting of the date  must  be  given,  by
31        certified   mail  or  other  reasonable  means,  to  each
32        respondent who has been served with summons personally or
33        by certified mail.
34             (3)  Once jurisdiction has been established  over  a
 
SB745 Engrossed             -1324-             LRB9101253EGfg
 1        party,  further service is not required and notice of any
 2        subsequent proceedings in that prosecution shall be  made
 3        in accordance with provisions of Section 5-530.
 4             (4)  The  appearance of the minor's parent, guardian
 5        or legal custodian, or a person named as a respondent  in
 6        a  petition,  in  any  proceeding  under  this  Act shall
 7        constitute a waiver of service   and  submission  to  the
 8        jurisdiction  of the court.  A copy of the petition shall
 9        be provided to the person at  the  time  of  his  or  her
10        appearance.
11    (Source: P.A. 90-590, eff. 1-1-99; revised 10-19-98.)

12        (705 ILCS 405/5-805)
13        Sec. 5-805.  Transfer of jurisdiction.
14        (1)  Mandatory transfers.
15             (a)  If  a petition alleges commission by a minor 15
16        years of age or  older  of  an  act  that  constitutes  a
17        forcible  felony  under  the laws of this State, and if a
18        motion by the State's Attorney  to  prosecute  the  minor
19        under  the  criminal  laws  of  Illinois  for the alleged
20        forcible felony alleges that (i) the minor has previously
21        been  adjudicated  delinquent   or   found   guilty   for
22        commission  of an act that constitutes a felony under the
23        laws of this State or any other state and  (ii)  the  act
24        that constitutes the offense was committed in furtherance
25        of  criminal  activity by an organized gang, the Juvenile
26        Judge assigned to hear and determine those motions shall,
27        upon determining that there is probable cause  that  both
28        allegations   are   true,   enter   an  order  permitting
29        prosecution under the criminal laws of Illinois.
30             (b)  If a petition alleges commission by a minor  15
31        years of age or older of an act that constitutes a felony
32        under  the  laws  of  this  State,  and  if a motion by a
33        State's  Attorney  to  prosecute  the  minor  under   the
 
SB745 Engrossed             -1325-             LRB9101253EGfg
 1        criminal  laws of Illinois for the alleged felony alleges
 2        that  (i)  the  minor  has  previously  been  adjudicated
 3        delinquent or found guilty for commission of an act  that
 4        constitutes  a  forcible  felony  under  the laws of this
 5        State  or  any  other  state  and  (ii)  the   act   that
 6        constitutes  the  offense was committed in furtherance of
 7        criminal activities by an organized  gang,  the  Juvenile
 8        Judge assigned to hear and determine those motions shall,
 9        upon  determining  that there is probable cause that both
10        allegations  are  true,   enter   an   order   permitting
11        prosecution under the criminal laws of Illinois.
12             (c)  If  a petition alleges commission by a minor 15
13        years of age or older of: (i) an act that constitutes  an
14        offense enumerated in the presumptive transfer provisions
15        of subsection (2); and (ii) the minor has previously been
16        adjudicated  delinquent  or  found  guilty  of a forcible
17        felony,  the  Juvenile  Judge  designated  to  hear   and
18        determine  those  motions  shall,  upon  determining that
19        there is probable cause that both allegations  are  true,
20        enter  an order permitting prosecution under the criminal
21        laws of Illinois.
22        (2)  Presumptive transfer.
23             (a)  If the State's Attorney files  a  petition,  at
24        any  time  prior to commencement of the minor's trial, to
25        permit  prosecution  under  the  criminal  laws  and  the
26        petition alleges the commission by a minor  15  years  of
27        age  or  older  of: (i) a Class X felony other than armed
28        violence; (ii) aggravated discharge of a firearm;   (iii)
29        armed  violence with a firearm when the predicate offense
30        is a Class 1 or Class 2 felony and the State's Attorney's
31        motion to transfer the  case  alleges  that  the  offense
32        committed is in furtherance of the criminal activities of
33        an  organized  gang;  (iv)  armed violence with a firearm
34        when the predicate offense is a violation of the Illinois
 
SB745 Engrossed             -1326-             LRB9101253EGfg
 1        Controlled Substances Act or a violation of the  Cannabis
 2        Control  Act; (v) armed violence when the weapon involved
 3        was a machine gun or other weapon described in subsection
 4        (a)(7) of Section 24-1 of the Criminal Code of 1961, and,
 5        if the juvenile judge  assigned  to  hear  and  determine
 6        motions  to  transfer  a  case  for  prosecution  in  the
 7        criminal court determines that there is probable cause to
 8        believe  that  the allegations in the petition and motion
 9        are true, there is  a  rebuttable  presumption  that  the
10        minor  is  not  a fit and proper subject to be dealt with
11        under the Juvenile  Justice  Reform  Provisions  of  1998
12        (Public  Act  90-590),  and  that,  except as provided in
13        paragraph (b), the case  should  be  transferred  to  the
14        criminal court.
15             (b)  The  judge  shall  enter  an  order  permitting
16        prosecution  under  the  criminal laws of Illinois unless
17        the judge makes a finding based on clear  and  convincing
18        evidence  that  the  minor would be amenable to the care,
19        treatment, and training programs  available  through  the
20        facilities  of  the juvenile court based on an evaluation
21        of the following:
22             (i)  The seriousness of the alleged offense;
23             (ii)  The minor's history of delinquency;
24             (iii)  The age of the minor;
25             (iv)   The culpability of the  minor  in  committing
26        the alleged offense;
27             (v)  Whether   the   offense  was  committed  in  an
28        aggressive or premeditated manner;
29             (vi)  Whether the minor used or possessed  a  deadly
30        weapon when committing the alleged offense;
31             (vii)  The  minor's  history  of services, including
32        the minor's willingness to  participate  meaningfully  in
33        available services;
34             (viii) Whether there is a reasonable likelihood that
 
SB745 Engrossed             -1327-             LRB9101253EGfg
 1        the  minor  can be rehabilitated before the expiration of
 2        the juvenile court's jurisdiction;
 3             (ix)  The adequacy of  the  punishment  or  services
 4        available in the juvenile justice system.
 5        In  considering  these  factors,  the  court  shall  give
 6    greater  weight to the seriousness of the alleged offense and
 7    the minor's prior record of delinquency  than  to  the  other
 8    factors listed in this subsection.
 9        (3)  Discretionary transfer.
10             (a)  If  a petition alleges commission by a minor 13
11        years of age or over of an act that constitutes  a  crime
12        under  the  laws  of  this  State  and,  on motion of the
13        State's Attorney to permit prosecution of the minor under
14        the criminal laws, a Juvenile Judge assigned by the Chief
15        Judge of the Circuit to hear and determine those motions,
16        after hearing but before commencement of the trial, finds
17        that  there  is  probable  cause  to  believe  that   the
18        allegations  in the motion are true and that it is not in
19        the best interests of the public to  proceed  under  this
20        Act,  the court may enter an order permitting prosecution
21        under the criminal laws.
22             (b)  In making its determination on  the  motion  to
23        permit  prosecution  under  the  criminal laws, the court
24        shall consider among other matters:
25             (i)  The seriousness of the alleged offense;
26             (ii)  The minor's history of delinquency;
27             (iii)  The age of the minor;
28             (iv)  The culpability of the minor in committing the
29        alleged offense;
30             (v)  Whether  the  offense  was  committed   in   an
31        aggressive or premeditated manner;
32             (vi)  Whether  the  minor used or possessed a deadly
33        weapon when committing the alleged offense;
34             (vii)  The minor's history  of  services,  including
 
SB745 Engrossed             -1328-             LRB9101253EGfg
 1        the  minor's  willingness  to participate meaningfully in
 2        available services;
 3             (viii)  The adequacy of the punishment  or  services
 4        available in the juvenile justice system.
 5        In  considering  these  factors,  the  court  shall  give
 6    greater  weight to the seriousness of the alleged offense and
 7    the minor's prior record of delinquency  than  to  the  other
 8    factors listed in this subsection.
 9        (4)  The  rules of evidence for this hearing shall be the
10    same as under Section 5-705 of this Act.   A  minor  must  be
11    represented  in  court  by  counsel before the hearing may be
12    commenced.
13        (5)  If criminal proceedings are instituted, the petition
14    for adjudication of wardship shall be  dismissed  insofar  as
15    the act or acts involved in the criminal proceedings.  Taking
16    of  evidence  in  a  trial  on  petition  for adjudication of
17    wardship is a bar to  criminal  proceedings  based  upon  the
18    conduct alleged in the petition.
19    (Source: P.A. 90-590, eff. 1-1-99; revised 10-28-98.)

20        (705 ILCS 405/6-1) (from Ch. 37, par. 806-1)
21        Sec. 6-1.  Probation departments; functions and duties.
22        (1)  The chief judge of each circuit shall make provision
23    for probation services for each county in his or her circuit.
24    The  appointment  of  officers to probation or court services
25    departments and the administration of such departments  shall
26    be  governed by the provisions of the Probation and Probation
27    Officers Act.
28        (2)  Every county or every group of counties constituting
29    a probation district shall maintain a  court  services  or  a
30    probation   department  subject  to  the  provisions  of  the
31    Probation and Probation Officers Act.  For  the  purposes  of
32    this  Act, such a court services or probation department has,
33    but is not limited to, the following powers and duties:
 
SB745 Engrossed             -1329-             LRB9101253EGfg
 1             (a)  When authorized or directed by  the  court,  to
 2        receive,  investigate  and evaluate complaints indicating
 3        dependency, requirement  of  authoritative  intervention,
 4        addiction  or  delinquency within the meaning of Sections
 5        2-3, 2-4, 3-3, 4-3 or 5-105, respectively;  to  determine
 6        or  assist  the  complainant  in  determining  whether  a
 7        petition  should be filed under Sections 2-13, 3-15, 4-12
 8        or 5-520 or whether referral should be made to an agency,
 9        association or other person or whether some other  action
10        is  advisable;  and  to  see  that the indicating filing,
11        referral or other action is  accomplished.   However,  no
12        such  investigation,  evaluation  or  supervision by such
13        court services or probation department is to  occur  with
14        regard  to complaints indicating only that a minor may be
15        a chronic or habitual truant.
16             (b)  When a petition is filed  under  Section  2-13,
17        3-15,  4-15  or 5-520, to make pre-hearing investigations
18        and formulate recommendations to the court when the court
19        has authorized or directed the department to do so.
20             (c)  To counsel and,  by  order  of  the  court,  to
21        supervise  minors  referred  to  the  court;  to  conduct
22        indicated  programs  of casework, including referrals for
23        medical and mental health service,  organized  recreation
24        and  job  placement  for  wards  of  the  court and, when
25        appropriate, for members of the family of a ward; to  act
26        as  liaison  officer  between  the  court and agencies or
27        associations to which  minors  are  referred  or  through
28        which  they  are  placed;  when so appointed, to serve as
29        guardian of the person of a ward of the court; to provide
30        probation supervision and protective supervision  ordered
31        by  the  court; and to provide like services to wards and
32        probationers of courts in other counties or jurisdictions
33        who have lawfully become local residents.
34             (d)  To arrange for  placements  pursuant  to  court
 
SB745 Engrossed             -1330-             LRB9101253EGfg
 1        order.
 2             (e)  To  assume  administrative  responsibility  for
 3        such  detention,  shelter care and other institutions for
 4        minors as the court may operate.
 5             (f)  To maintain an adequate system of case records,
 6        statistical records, and  financial  records  related  to
 7        juvenile  detention  and shelter care and to make reports
 8        to the court and other authorized  persons,  and  to  the
 9        Supreme  Court  pursuant  to  the Probation and Probation
10        Officers Act.
11             (g)  To  perform  such  other  services  as  may  be
12        appropriate to effectuate the purposes of this Act or  as
13        may  be  directed  by  any order of court made under this
14        Act.
15        (3)  The court services or probation  department  in  any
16    probation  district  or  county  having  less  than 1,000,000
17    inhabitants, or any  personnel  of  the  department,  may  be
18    required by the circuit court to render services to the court
19    in other matters as well as proceedings under this Act.
20        (4)  In  any  county  or  probation district, a probation
21    department may be established as a  separate  division  of  a
22    more   inclusive  department  of  court  services,  with  any
23    appropriate divisional designation.  The organization of  any
24    such  department  of  court  services  and the appointment of
25    officers and other personnel must comply with  the  Probation
26    and Probations Officers Act.
27    (Source: P.A. 90-590, eff. 1-1-99; revised 1-14-99.)

28        (705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
29        Sec.  6-9.   Enforcement  of  liability  of  parents  and
30    others.
31        (1)  If  parentage  is  at  issue in any proceeding under
32    this Act, the Illinois Parentage Act of 1984 shall apply  and
33    the court shall enter orders consistent with that Act.  If it
 
SB745 Engrossed             -1331-             LRB9101253EGfg
 1    appears  at  any  hearing  that  a parent or any other person
 2    named in the petition, liable under the law for  the  support
 3    of  the  minor,  is able to contribute to his or her support,
 4    the court shall enter an order requiring that parent or other
 5    person to pay the clerk of the court, or to the  guardian  or
 6    custodian appointed under Sections 2-27, 3-28, 4-25 or 5-740,
 7    a  reasonable sum from time to time for the care, support and
 8    necessary special care or treatment, of  the  minor.  If  the
 9    court  determines  at  any hearing that a parent or any other
10    person named in the petition, liable under the  law  for  the
11    support  of  the  minor, is able to contribute to help defray
12    the costs associated with the minor's detention in  a  county
13    or  regional detention center, the court shall enter an order
14    requiring that parent or other person to pay the clerk of the
15    court a reasonable sum for the care and support of the minor.
16     The court may require reasonable security for the  payments.
17    Upon  failure  to pay, the court may enforce obedience to the
18    order by a proceeding as for contempt of court.
19        If it appears that the person liable for the  support  of
20    the   minor   is   able  to  contribute  to  legal  fees  for
21    representation of the minor, the court shall enter  an  order
22    requiring  that  person  to  pay  a  reasonable  sum  for the
23    representation, to the attorney providing the  representation
24    or  to  the clerk of the court for deposit in the appropriate
25    account or fund. The sum may be paid as  the  court  directs,
26    and  the  payment thereof secured and enforced as provided in
27    this Section for support.
28        If it appears at the detention or shelter care hearing of
29    a minor before the court under  Section  5-501  5-10  that  a
30    parent or any other person liable for support of the minor is
31    able  to  contribute  to  his  or her support, that parent or
32    other person shall be required to pay  a  fee  for  room  and
33    board  at  a rate not to exceed $10 per day established, with
34    the concurrence of the chief judge of the  judicial  circuit,
 
SB745 Engrossed             -1332-             LRB9101253EGfg
 1    by  the  county  board  of  the  county in which the minor is
 2    detained unless the court determines that it is in  the  best
 3    interest  and  welfare  of  the  minor to waive the fee.  The
 4    concurrence of the chief judge shall be in  the  form  of  an
 5    administrative  order.  Each week, on a day designated by the
 6    clerk of the circuit court, that parent or other person shall
 7    pay the clerk for the minor's room and board.  All  fees  for
 8    room  and board collected by the circuit court clerk shall be
 9    disbursed into the separate county fund under Section 6-7.
10        Upon application, the court  shall  waive  liability  for
11    support  or  legal  fees  under this Section if the parent or
12    other person establishes that  he  or  she  is  indigent  and
13    unable  to  pay  the  incurred  liability,  and the court may
14    reduce or waive liability  if  the  parent  or  other  person
15    establishes   circumstances  showing  that  full  payment  of
16    support or legal fees would result in financial  hardship  to
17    the person or his or her family.
18        (2)  When  a  person  so  ordered to pay for the care and
19    support  of  a  minor  is  employed  for  wages,  salary   or
20    commission,  the  court  may  order  him  to make the support
21    payments for which he is liable under this  Act  out  of  his
22    wages,  salary or commission and to assign so much thereof as
23    will pay the support. The court may also order  him  to  make
24    discovery  to the court as to his place of employment and the
25    amounts earned by him. Upon his failure to obey the orders of
26    court he may be punished as for contempt of court.
27        (3)  If the minor is a recipient of public aid under  the
28    Illinois Public Aid Code, the court shall order that payments
29    made  by  a parent or through assignment of his wages, salary
30    or commission be made directly to (a) the Illinois Department
31    of Public Aid if the  minor  is  a  recipient  of  aid  under
32    Article  V  of the Code, (b) the Department of Human Services
33    if the minor is a recipient of aid under Article  IV  of  the
34    Code,  or (c) the local governmental unit responsible for the
 
SB745 Engrossed             -1333-             LRB9101253EGfg
 1    support of the minor if he is a recipient under  Articles  VI
 2    or  VII  of  the  Code.  The  order shall permit the Illinois
 3    Department of Public Aid, the Department of  Human  Services,
 4    or the local governmental unit, as the case may be, to direct
 5    that  subsequent payments be made directly to the guardian or
 6    custodian of the minor, or to some other person or agency  in
 7    the minor's behalf, upon removal of the minor from the public
 8    aid  rolls;  and upon such direction and removal of the minor
 9    from the public aid rolls, the Illinois Department of  Public
10    Aid,  Department  of  Human  Services,  or local governmental
11    unit, as the case requires, shall give written notice of such
12    action to  the  court.  Payments  received  by  the  Illinois
13    Department  of  Public  Aid, Department of Human Services, or
14    local governmental unit are to be covered, respectively, into
15    the General Revenue Fund of the  State  Treasury  or  General
16    Assistance  Fund  of  the  governmental  unit, as provided in
17    Section 10-19 of the Illinois Public Aid Code.
18    (Source: P.A.  89-507,  eff.  7-1-97;  90-157,  eff.  1-1-98;
19    90-483,  eff.  1-1-98;  90-590,  eff.  1-1-99;  90-655,  eff.
20    7-30-98; revised 9-16-98.)

21        (705 ILCS 405/6-10) (from Ch. 37, par. 806-10)
22        Sec. 6-10.  State reimbursement of funds.
23        (a)  Before  the 15th day of each month, the clerk of the
24    court shall  itemize  all  payments  received  by  him  under
25    Section  6-9  during  the  preceding month and shall pay such
26    amounts to the county treasurer. Before the 20th day of  each
27    month, the county treasurer shall file with the Department of
28    Children  and  Family  Services  an itemized statement of the
29    amount of money for the care and shelter of a minor placed in
30    shelter care under Sections 2-7, 3-9, 4-6 or 5-410 or  placed
31    under  Sections 2-27, 3-28, 4-25 or 5-740 before July 1, 1980
32    and after June 30, 1981, paid by the county during  the  last
33    preceding month pursuant to court order entered under Section
 
SB745 Engrossed             -1334-             LRB9101253EGfg
 1    6-8,  certified  by the court, and an itemized account of all
 2    payments received by the clerk of the court under Section 6-9
 3    during the preceding  month  and  paid  over  to  the  county
 4    treasurer,  certified by the county treasurer. The Department
 5    of Children and Family Services shall examine and  audit  the
 6    monthly statement and account, and upon finding them correct,
 7    shall  voucher  for  payment to the county a sum equal to the
 8    amount so paid out by the county less the amount received  by
 9    the  clerk  of  the  court  under Section 6-9 and paid to the
10    county treasurer but not more than an  amount  equal  to  the
11    current average daily rate paid by the Department of Children
12    and  Family Services for similar services pursuant to Section
13    5a of Children and Family  Services  Act,  approved  June  4,
14    1963,  as  amended.  Reimbursement to the counties under this
15    Section for care and support  of  minors  in  licensed  child
16    caring  institutions  must  be  made  by  the  Department  of
17    Children   and   Family  Services  only  for  care  in  those
18    institutions  which  have  filed  with   the   Department   a
19    certificate  affirming that they admit minors on the basis of
20    need without regard to race or ethnic origin.
21        (b)  The county treasurer may file with the Department of
22    Children and Family Services an  itemized  statement  of  the
23    amount  of money paid by the county during the last preceding
24    month pursuant to court  order  entered  under  Section  6-8,
25    certified  by  the  court,  and  an  itemized  account of all
26    payments received by the clerk of the court under Section 6-9
27    during the preceding  month  and  paid  over  to  the  county
28    treasurer, certified by the county treasurer.  The Department
29    of  Children  and Family Services shall examine and audit the
30    monthly statement and account, and upon finding them correct,
31    shall voucher for payment to the county a sum  equal  to  the
32    amount  so paid out by the county less the amount received by
33    the clerk of the court under Section  6-9  and  paid  to  the
34    county   treasurer.    Subject  to  appropriations  for  that
 
SB745 Engrossed             -1335-             LRB9101253EGfg
 1    purpose, the State shall reimburse the county  for  the  care
 2    and shelter of a minor placed in detention as a result of any
 3    new  provisions  that  are  created  by  the Juvenile Justice
 4    Reform Provisions of 1998 (Public Act 90-590).
 5    (Source: P.A. 90-590, eff. 1-1-99; revised 10-28-98.)

 6        Section 237.  The Criminal Code of  1961  is  amended  by
 7    changing Sections 1-5, 9-1, 9-3.3, 11-17.1, 11-19.2, 11-20.1,
 8    12-4,  12-4.3, 12-18, 12-30, 14-3, 16-15, 17-3, 17B-10, 18-5,
 9    24-1.2, 25-1.1,  31A-1.2,  34-1,  and  46-4  and  renumbering
10    Section 14.4 as follows:

11        (720 ILCS 5/1-5) (from Ch. 38, par. 1-5)
12        Sec. 1-5. State criminal jurisdiction.
13        (a)  A person is subject to prosecution in this State for
14    an offense which he commits, while either within  or  outside
15    the State, by his own conduct or that of another for which he
16    is legally accountable, if:
17             (1)  the  offense  is  committed  either  wholly  or
18        partly within the State; or
19             (2)  the  conduct  outside  the State constitutes an
20        attempt to commit an offense within the State; or
21             (3)  the conduct outside  the  State  constitutes  a
22        conspiracy  to commit an offense within the State, and an
23        act in furtherance of the conspiracy occurs in the State;
24        or
25             (4)  the conduct within  the  State  constitutes  an
26        attempt,  solicitation or conspiracy to commit in another
27        jurisdiction an offense under the laws of both this State
28        and such other jurisdiction.
29        (b)  An offense is committed partly within this State, if
30    either the conduct which is an element of the offense, or the
31    result which is such an element, occurs within the State.  In
32    a prosecution pursuant to paragraph (3) of subsection (a)  of
 
SB745 Engrossed             -1336-             LRB9101253EGfg
 1    Section  9-1,  the attempt or commission of a forcible felony
 2    other than second degree murder within this State is  conduct
 3    which  is  an  a element of the offense for which a person is
 4    subject to prosecution  in  this  State.   In  homicide,  the
 5    "result"  is  either the physical contact which causes death,
 6    or the death itself; and if the body of a homicide victim  is
 7    found  within  the  State,  the  death  is  presumed  to have
 8    occurred within the State.
 9        (c)  An offense which is based on an omission to  perform
10    a  duty  imposed by the law of this State is committed within
11    the State, regardless of the location of the offender at  the
12    time of the omission.
13    (Source: P.A. 85-740; revised 10-31-98.)

14        (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
15        Sec.  9-1.  First  degree  Murder  -  Death  penalties  -
16    Exceptions - Separate Hearings - Proof - Findings - Appellate
17    procedures - Reversals.
18        (a)  A  person  who  kills  an  individual without lawful
19    justification commits first degree murder if,  in  performing
20    the acts which cause the death:
21             (1)  he  either  intends  to kill or do great bodily
22        harm to that individual or another, or  knows  that  such
23        acts will cause death to that individual or another; or
24             (2)  he   knows  that  such  acts  create  a  strong
25        probability  of  death  or  great  bodily  harm  to  that
26        individual or another; or
27             (3)  he  is  attempting  or  committing  a  forcible
28        felony other than second degree murder.
29        (b)  Aggravating Factors.  A defendant who at the time of
30    the commission of the offense has attained the age of  18  or
31    more and who has been found guilty of first degree murder may
32    be sentenced to death if:
33             (1)  the  murdered individual was a peace officer or
 
SB745 Engrossed             -1337-             LRB9101253EGfg
 1        fireman killed in the course of performing  his  official
 2        duties,  to  prevent  the  performance  of  his  official
 3        duties,  or  in  retaliation  for performing his official
 4        duties, and the defendant knew or should have known  that
 5        the  murdered  individual was a peace officer or fireman;
 6        or
 7             (2)  the murdered individual was an employee  of  an
 8        institution or facility of the Department of Corrections,
 9        or  any  similar local correctional agency, killed in the
10        course of performing his official duties, to prevent  the
11        performance of his official duties, or in retaliation for
12        performing   his   official   duties,   or  the  murdered
13        individual was an inmate at such institution or  facility
14        and  was  killed  on the grounds thereof, or the murdered
15        individual was otherwise present in such  institution  or
16        facility  with  the  knowledge  and approval of the chief
17        administrative officer thereof; or
18             (3)  the defendant has been convicted  of  murdering
19        two  or  more  individuals  under  subsection (a) of this
20        Section or under any law of the United States or  of  any
21        state which is substantially similar to subsection (a) of
22        this  Section  regardless  of whether the deaths occurred
23        as the result of the same act or of  several  related  or
24        unrelated  acts  so long as the deaths were the result of
25        either an intent to kill  more  than  one  person  or  of
26        separate  acts which the defendant knew would cause death
27        or create a strong probability of death or  great  bodily
28        harm to the murdered individual or another; or
29             (4)  the  murdered individual was killed as a result
30        of the hijacking of an  airplane,  train,  ship,  bus  or
31        other public conveyance; or
32             (5)  the  defendant committed the murder pursuant to
33        a contract, agreement or understanding by which he was to
34        receive  money  or  anything  of  value  in  return   for
 
SB745 Engrossed             -1338-             LRB9101253EGfg
 1        committing  the  murder or procured another to commit the
 2        murder for money or anything of value; or
 3             (6)  the  murdered  individual  was  killed  in  the
 4        course of another felony if:
 5                  (a)  the murdered individual:
 6                       (i)  was actually killed by the defendant,
 7                  or
 8                       (ii)  received      physical      injuries
 9                  personally   inflicted   by    the    defendant
10                  substantially  contemporaneously  with physical
11                  injuries caused by  one  or  more  persons  for
12                  whose   conduct   the   defendant   is  legally
13                  accountable under Section 5-2 of this Code, and
14                  the physical injuries inflicted by  either  the
15                  defendant  or  the  other person or persons for
16                  whose conduct he is legally accountable  caused
17                  the death of the murdered individual; and
18                  (b)  in  performing  the  acts which caused the
19             death of the murdered individual or  which  resulted
20             in  physical  injuries  personally  inflicted by the
21             defendant  on  the  murdered  individual  under  the
22             circumstances of subdivision  (ii)  of  subparagraph
23             (a)  of  paragraph  (6)  of  subsection  (b) of this
24             Section, the defendant acted with the intent to kill
25             the murdered individual or with the  knowledge  that
26             his  acts  created  a strong probability of death or
27             great bodily harm  to  the  murdered  individual  or
28             another; and
29                  (c)  the other felony was one of the following:
30             armed  robbery,  armed  violence, robbery, predatory
31             criminal  sexual  assault  of  a  child,  aggravated
32             criminal  sexual  assault,  aggravated   kidnapping,
33             aggravated  vehicular hijacking, forcible detention,
34             arson,  aggravated   arson,   aggravated   stalking,
 
SB745 Engrossed             -1339-             LRB9101253EGfg
 1             burglary,   residential   burglary,  home  invasion,
 2             calculated criminal drug conspiracy  as  defined  in
 3             Section  405  of  the Illinois Controlled Substances
 4             Act, streetgang criminal drug conspiracy as  defined
 5             in   Section   405.2   of  the  Illinois  Controlled
 6             Substances Act, or the attempt to commit any of  the
 7             felonies listed in this subsection (c); or
 8             (7)  the  murdered  individual was under 12 years of
 9        age and the death resulted from exceptionally  brutal  or
10        heinous behavior indicative of wanton cruelty; or
11             (8)  the  defendant committed the murder with intent
12        to prevent the murdered individual from testifying in any
13        criminal prosecution or giving material assistance to the
14        State in any investigation or prosecution, either against
15        the defendant or another; or the defendant committed  the
16        murder  because  the murdered individual was a witness in
17        any prosecution or gave material assistance to the  State
18        in  any  investigation or prosecution, either against the
19        defendant or another; or
20             (9)  the  defendant,  while  committing  an  offense
21        punishable under Sections 401, 401.1, 401.2, 405,  405.2,
22        407  or  407.1  or  subsection  (b) of Section 404 of the
23        Illinois Controlled Substances Act, or while engaged in a
24        conspiracy  or  solicitation  to  commit  such   offense,
25        intentionally   killed   an   individual   or  counseled,
26        commanded, induced, procured or  caused  the  intentional
27        killing of the murdered individual; or
28             (10)  the   defendant   was   incarcerated   in   an
29        institution  or facility of the Department of Corrections
30        at the time  of  the  murder,  and  while  committing  an
31        offense  punishable  as  a  felony under Illinois law, or
32        while engaged in a conspiracy or solicitation  to  commit
33        such  offense,  intentionally  killed  an  individual  or
34        counseled,  commanded,  induced,  procured  or caused the
 
SB745 Engrossed             -1340-             LRB9101253EGfg
 1        intentional killing of the murdered individual; or
 2             (11)  the murder was committed in a cold, calculated
 3        and premeditated manner pursuant to a preconceived  plan,
 4        scheme  or design to take a human life by unlawful means,
 5        and the conduct of the  defendant  created  a  reasonable
 6        expectation  that the death of a human being would result
 7        therefrom; or
 8             (12)  the  murdered  individual  was  an   emergency
 9        medical   technician   -   ambulance,  emergency  medical
10        technician - intermediate, emergency medical technician -
11        paramedic, ambulance driver, or other medical  assistance
12        or  first  aid  personnel,  employed by a municipality or
13        other  governmental  unit,  killed  in  the   course   of
14        performing   his   official   duties,   to   prevent  the
15        performance of his official duties, or in retaliation for
16        performing his official duties, and the defendant knew or
17        should have known that the  murdered  individual  was  an
18        emergency   medical  technician  -  ambulance,  emergency
19        medical  technician  -  intermediate,  emergency  medical
20        technician  -  paramedic,  ambulance  driver,  or   other
21        medical assistance or first aid personnel; or
22             (13)  the  defendant  was a principal administrator,
23        organizer,  or  leader  of  a  calculated  criminal  drug
24        conspiracy  consisting  of  a  hierarchical  position  of
25        authority superior to that of all other  members  of  the
26        conspiracy,   and  the  defendant  counseled,  commanded,
27        induced, procured, or caused the intentional  killing  of
28        the murdered person; or
29             (14)  the  murder  was  intentional and involved the
30        infliction of torture.  For the purpose of  this  Section
31        torture  means the infliction of or subjection to extreme
32        physical pain, motivated by  an  intent  to  increase  or
33        prolong the pain, suffering or agony of the victim; or
34             (15)  the  murder  was  committed as a result of the
 
SB745 Engrossed             -1341-             LRB9101253EGfg
 1        intentional discharge of a firearm by the defendant  from
 2        a motor vehicle and the victim was not present within the
 3        motor vehicle; or
 4             (16)  the murdered individual was 60 years of age or
 5        older and the death resulted from exceptionally brutal or
 6        heinous behavior indicative of wanton cruelty; or
 7             (17)  the  murdered individual was a disabled person
 8        and the defendant knew or  should  have  known  that  the
 9        murdered  individual  was disabled.  For purposes of this
10        paragraph (17), "disabled  person"  means  a  person  who
11        suffers  from  a  permanent physical or mental impairment
12        resulting from disease, an injury, a functional disorder,
13        or  a  congenital  condition  that  renders  the   person
14        incapable  of  adequately  providing  for  his or her own
15        health or personal care; or
16             (18)  the murder was  committed  by  reason  of  any
17        person's activity as a community policing volunteer or to
18        prevent  any  person  from  engaging  in  activity  as  a
19        community policing volunteer; or .
20             (19) (18)  the murdered individual was subject to an
21        order  of  protection  and  the murder was committed by a
22        person against whom the  same  order  of  protection  was
23        issued under the Illinois Domestic Violence Act of 1986.
24        (c)  Consideration   of   factors   in   Aggravation  and
25    Mitigation.
26        The court shall consider, or shall instruct the  jury  to
27    consider any aggravating and any mitigating factors which are
28    relevant to the imposition of the death penalty.  Aggravating
29    factors  may include but need not be limited to those factors
30    set forth in subsection (b). Mitigating factors  may  include
31    but need not be limited to the following:
32             (1)  the  defendant  has  no  significant history of
33        prior criminal activity;
34             (2)  the murder was committed  while  the  defendant
 
SB745 Engrossed             -1342-             LRB9101253EGfg
 1        was  under  the  influence of extreme mental or emotional
 2        disturbance, although not such as to constitute a defense
 3        to prosecution;
 4             (3)  the murdered individual was  a  participant  in
 5        the  defendant's  homicidal  conduct  or consented to the
 6        homicidal act;
 7             (4)  the defendant acted  under  the  compulsion  of
 8        threat  or  menace of the imminent infliction of death or
 9        great bodily harm;
10             (5)  the defendant was not personally present during
11        commission of the act or acts causing death.
12        (d)  Separate sentencing hearing.
13        Where requested by the State, the court shall  conduct  a
14    separate  sentencing proceeding to determine the existence of
15    factors set forth in  subsection  (b)  and  to  consider  any
16    aggravating  or mitigating factors as indicated in subsection
17    (c).  The proceeding shall be conducted:
18             (1)  before the jury that determined the defendant's
19        guilt; or
20             (2)  before a jury impanelled for the purpose of the
21        proceeding if:
22                  A.  the defendant was convicted upon a plea  of
23             guilty; or
24                  B.  the  defendant  was convicted after a trial
25             before the court sitting without a jury; or
26                  C.  the court for good cause  shown  discharges
27             the jury that determined the defendant's guilt; or
28             (3)  before  the court alone if the defendant waives
29        a jury for the separate proceeding.
30        (e)  Evidence and Argument.
31        During the proceeding any information relevant to any  of
32    the  factors  set forth in subsection (b) may be presented by
33    either the State or the defendant under the  rules  governing
34    the   admission   of   evidence   at  criminal  trials.   Any
 
SB745 Engrossed             -1343-             LRB9101253EGfg
 1    information relevant to any additional aggravating factors or
 2    any mitigating factors indicated in  subsection  (c)  may  be
 3    presented  by  the  State  or  defendant  regardless  of  its
 4    admissibility  under  the  rules  governing  the admission of
 5    evidence at criminal trials.  The  State  and  the  defendant
 6    shall  be  given  fair  opportunity  to rebut any information
 7    received at the hearing.
 8        (f)  Proof.
 9        The burden of proof of establishing the existence of  any
10    of  the  factors  set forth in subsection (b) is on the State
11    and shall  not  be  satisfied  unless  established  beyond  a
12    reasonable doubt.
13        (g)  Procedure - Jury.
14        If  at  the separate sentencing proceeding the jury finds
15    that none of the factors set forth in subsection (b)  exists,
16    the   court  shall  sentence  the  defendant  to  a  term  of
17    imprisonment  under  Chapter  V  of  the  Unified   Code   of
18    Corrections.   If  there  is  a unanimous finding by the jury
19    that one or more of the factors set forth in  subsection  (b)
20    exist,  the  jury  shall  consider aggravating and mitigating
21    factors as  instructed  by  the  court  and  shall  determine
22    whether  the sentence of death shall be imposed.  If the jury
23    determines unanimously that there are no  mitigating  factors
24    sufficient  to preclude the imposition of the death sentence,
25    the court shall sentence the defendant to death.
26        Unless the jury  unanimously  finds  that  there  are  no
27    mitigating  factors  sufficient to preclude the imposition of
28    the death sentence the court shall sentence the defendant  to
29    a term of imprisonment under Chapter V of the Unified Code of
30    Corrections.
31        (h)  Procedure - No Jury.
32        In  a  proceeding  before  the  court alone, if the court
33    finds that none  of  the  factors  found  in  subsection  (b)
34    exists,  the  court shall sentence the defendant to a term of
 
SB745 Engrossed             -1344-             LRB9101253EGfg
 1    imprisonment  under  Chapter  V  of   the  Unified  Code   of
 2    Corrections.
 3        If  the  Court determines that one or more of the factors
 4    set forth in subsection (b) exists, the Court shall  consider
 5    any  aggravating  and  mitigating  factors  as  indicated  in
 6    subsection  (c).   If  the Court determines that there are no
 7    mitigating factors sufficient to preclude the  imposition  of
 8    the death sentence, the Court shall sentence the defendant to
 9    death.
10        Unless  the  court  finds  that  there  are no mitigating
11    factors sufficient to preclude the imposition of the sentence
12    of death, the court shall sentence the defendant to a term of
13    imprisonment  under  Chapter  V  of  the  Unified   Code   of
14    Corrections.
15        (i)  Appellate Procedure.
16        The  conviction and sentence of death shall be subject to
17    automatic review by the Supreme Court.  Such review shall  be
18    in accordance with rules promulgated by the Supreme Court.
19        (j)  Disposition of reversed death sentence.
20        In  the  event that the death penalty in this Act is held
21    to be unconstitutional by the Supreme  Court  of  the  United
22    States  or  of the State of Illinois, any person convicted of
23    first degree murder shall be sentenced by the court to a term
24    of imprisonment under  Chapter  V  of  the  Unified  Code  of
25    Corrections.
26        In  the  event  that  any  death sentence pursuant to the
27    sentencing   provisions   of   this   Section   is   declared
28    unconstitutional by the Supreme Court of the United States or
29    of the State of Illinois, the court having jurisdiction  over
30    a  person  previously  sentenced  to  death  shall  cause the
31    defendant to be brought before the court, and the court shall
32    sentence the  defendant  to  a  term  of  imprisonment  under
33    Chapter V of the Unified Code of Corrections.
34    (Source: P.A. 89-235, eff.  8-4-95;  89-428,  eff.  12-13-95;
 
SB745 Engrossed             -1345-             LRB9101253EGfg
 1    89-462,  eff.  5-29-96;  89-498,  eff.  6-27-96; 90-213, eff.
 2    1-1-98; 90-651, eff. 1-1-99;  90-668,  eff.  1-1-99;  revised
 3    9-16-98.)

 4        (720 ILCS 5/9-3.3) (from Ch. 38, par. 9-3.3)
 5        Sec. 9-3.3.  Drug-induced Drug induced homicide.
 6        (a)  A  person  who violates subsection (a) or subsection
 7    (c) of Section 401 of the Illinois Controlled Substances  Act
 8    by  unlawfully  delivering a controlled substance to another,
 9    and any person dies as a result of the injection,  inhalation
10    or  ingestion  of  any  amount  of that controlled substance,
11    commits the offense of drug-induced drug induced homicide.
12        (b)  Sentence.  Drug-induced homicide is a Class X felony
13    for which the defendant  shall  in  addition  to  a  sentence
14    authorized  by law, be sentenced to a term of imprisonment of
15    not less than 15 years and not  more  than  30  years  or  an
16    extended  term of not less than 30 years and not more than 60
17    years.
18    (Source: P.A. 87-1198; revised 10-31-98.)

19        (720 ILCS 5/11-17.1) (from Ch. 38, par. 11-17.1)
20        Sec.  11-17.1.   (a)  Keeping   a   Place   of   Juvenile
21    Prostitution.
22        (a)  Any   person  who  knowingly  violates  any  of  the
23    provisions of Section 11-17 of this  Act  commits  keeping  a
24    place  of  juvenile  prostitution  when any prostitute in the
25    place of prostitution is under 16 years of age.
26        (b)  It is an affirmative defense to a charge of  keeping
27    a  place of juvenile prostitution that the accused reasonably
28    believed the person was of the age of 16 years or over at the
29    time of the act giving rise to the charge.
30        (c)  Sentence.  Keeping a place of juvenile  prostitution
31    is  a  Class  1  felony.   A  person convicted of a second or
32    subsequent violation of this Section is guilty of a  Class  X
 
SB745 Engrossed             -1346-             LRB9101253EGfg
 1    felony.
 2        (d)  Forfeiture.  Any person convicted under this Section
 3    is  subject  to the forfeiture provisions of Section 11-20.1A
 4    of this Act.
 5    (Source: P.A. 85-1194; revised 10-31-98.)

 6        (720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
 7        Sec. 11-19.2.  Exploitation of a child.
 8        (A)  A person commits exploitation of a child when he  or
 9    she   confines   a   child   under   the  age  of  16  or  an
10    institutionalized severely or  profoundly  mentally  retarded
11    person against his or her will by the infliction or threat of
12    imminent   infliction   of   great   bodily  harm,  permanent
13    disability or disfigurement or by administering to the  child
14    or  an  institutionalized  severely  or  profoundly  mentally
15    retarded  person  without  his or her consent or by threat or
16    deception and for other than medical purposes, any  alcoholic
17    intoxicant  or  a  drug as defined in the Illinois Controlled
18    Substances Act or the Cannabis Control Act and:
19             (1)  compels  the  child  or  an   institutionalized
20        severely or profoundly mentally retarded person to become
21        a prostitute; or
22             (2)  arranges  a  situation in which the child or an
23        institutionalized   severely   or   profoundly   mentally
24        retarded person may practice prostitution; or
25             (3)  receives any money, property, token, object, or
26        article or  anything  of  value  from  the  child  or  an
27        institutionalized   severely   or   profoundly   mentally
28        retarded  person  knowing  it was obtained in whole or in
29        part from the practice of prostitution.
30        (B)  For purposes of this Section,  administering  drugs,
31    as defined in subsection (A), or an alcoholic intoxicant to a
32    child under the age of 13 or an institutionalized severely or
33    profoundly  mentally  retarded  person  shall be deemed to be
 
SB745 Engrossed             -1347-             LRB9101253EGfg
 1    without consent if such administering  is  done  without  the
 2    consent of the parents or legal guardian.
 3        (C)  Exploitation of a child is a Class X felony.
 4        (D)  Any  person  convicted under this Section is subject
 5    to the forfeiture provisions of Section 11-20.1A of this Act.
 6    (Source: P.A. 88-680, eff. 1-1-95; revised 10-31-98.)

 7        (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
 8        Sec. 11-20.1.  Child pornography.
 9        (a)  A person commits the offense  of  child  pornography
10    who:
11             (1)  films,  videotapes,  photographs,  or otherwise
12        depicts or portrays by means of any similar visual medium
13        or reproduction or depicts by computer any child whom  he
14        knows or reasonably should know to be under the age of 18
15        or  any institutionalized severely or profoundly mentally
16        retarded person where  such  child  or  institutionalized
17        severely or profoundly mentally retarded person is:
18                  (i)  actually  or  by simulation engaged in any
19             act of sexual intercourse with any person or animal;
20             or
21                  (ii)  actually or by simulation engaged in  any
22             act  of  sexual  contact involving the sex organs of
23             the   child   or   institutionalized   severely   or
24             profoundly mentally retarded person and  the  mouth,
25             anus,  or sex organs of another person or animal; or
26             which involves the mouth, anus or sex organs of  the
27             child  or  institutionalized  severely or profoundly
28             mentally retarded  person  and  the  sex  organs  of
29             another person or animal; or
30                  (iii)  actually or by simulation engaged in any
31             act of masturbation; or
32                  (iv)  actually  or  by  simulation portrayed as
33             being the object of, or otherwise  engaged  in,  any
 
SB745 Engrossed             -1348-             LRB9101253EGfg
 1             act   of   lewd  fondling,  touching,  or  caressing
 2             involving another person or animal; or
 3                  (v)  actually or by simulation engaged  in  any
 4             act  of  excretion  or  urination  within  a  sexual
 5             context; or
 6                  (vi)  actually  or  by  simulation portrayed or
 7             depicted as bound, fettered, or subject to sadistic,
 8             masochistic, or sadomasochistic abuse in any  sexual
 9             context; or
10                  (vii)  depicted   or  portrayed  in  any  pose,
11             posture or setting involving a  lewd  exhibition  of
12             the unclothed genitals, pubic area, buttocks, or, if
13             such   person   is  female,  a  fully  or  partially
14             developed breast of the child or other person; or
15             (2)  with the knowledge of  the  nature  or  content
16        thereof, reproduces, disseminates, offers to disseminate,
17        exhibits  or  possesses  with  intent  to disseminate any
18        film,  videotape,  photograph  or  other  similar  visual
19        reproduction or depiction by computer  of  any  child  or
20        institutionalized   severely   or   profoundly   mentally
21        retarded  person  whom  the  person  knows  or reasonably
22        should know to be under  the  age  of  18  or  to  be  an
23        institutionalized   severely   or   profoundly   mentally
24        retarded  person,  engaged  in  any activity described in
25        subparagraphs (i) through (vii) of paragraph (1) of  this
26        subsection; or
27             (3)  with  knowledge  of the subject matter or theme
28        thereof, produces any stage play, live performance, film,
29        videotape or other similar visual portrayal or  depiction
30        by  computer which includes a child whom the person knows
31        or reasonably should know to be under the age of 18 or an
32        institutionalized   severely   or   profoundly   mentally
33        retarded person engaged  in  any  activity  described  in
34        subparagraphs  (i) through (vii) of paragraph (1) of this
 
SB745 Engrossed             -1349-             LRB9101253EGfg
 1        subsection; or
 2             (4)  solicits, uses, persuades, induces, entices, or
 3        coerces any child whom he knows or reasonably should know
 4        to be  under  the  age  of  18  or  an  institutionalized
 5        severely or profoundly mentally retarded person to appear
 6        in  any  stage  play, live presentation, film, videotape,
 7        photograph  or  other  similar  visual  reproduction   or
 8        depiction   by   computer   in   which   the   child   or
 9        institutionalized   severely   or   profoundly   mentally
10        retarded  person  is  or will be depicted, actually or by
11        simulation, in any act,  pose  or  setting  described  in
12        subparagraphs  (i) through (vii) of paragraph (1) of this
13        subsection; or
14             (5)  is a parent,  step-parent,  legal  guardian  or
15        other  person  having care or custody of a child whom the
16        person knows or reasonably should know to  be  under  the
17        age  of 18 or an institutionalized severely or profoundly
18        mentally  retarded  person  and  who  knowingly  permits,
19        induces,  promotes,  or  arranges  for  such   child   or
20        institutionalized   severely   or   profoundly   mentally
21        retarded  person  to  appear  in  any  stage  play,  live
22        performance, film, videotape, photograph or other similar
23        visual presentation, portrayal or simulation or depiction
24        by   computer   of  any  act  or  activity  described  in
25        subparagraphs (i) through (vii) of paragraph (1) of  this
26        subsection; or
27             (6)  with   knowledge   of  the  nature  or  content
28        thereof, possesses any  film,  videotape,  photograph  or
29        other   similar   visual  reproduction  or  depiction  by
30        computer of any child or  institutionalized  severely  or
31        profoundly mentally retarded person whom the person knows
32        or reasonably should know to be under the age of 18 or to
33        be  an  institutionalized severely or profoundly mentally
34        retarded person, engaged in  any  activity  described  in
 
SB745 Engrossed             -1350-             LRB9101253EGfg
 1        subparagraphs  (i) through (vii) of paragraph (1) of this
 2        subsection; or
 3             (7)  solicits, uses, persuades, induces, entices, or
 4        coerces a person to provide a child under the age  of  18
 5        or  an  institutionalized severely or profoundly mentally
 6        retarded person to appear in any  videotape,  photograph,
 7        film,  stage  play,  live  presentation, or other similar
 8        visual reproduction or depiction by computer in which the
 9        child or  an  institutionalized  severely  or  profoundly
10        mentally retarded person will be depicted, actually or by
11        simulation,  in  any  act,  pose, or setting described in
12        subparagraphs (i) through (vii) of paragraph (1) of  this
13        subsection.
14        (b) (1)  It  shall  be an affirmative defense to a charge
15    of child pornography that the defendant reasonably  believed,
16    under  all  of the circumstances, that the child was 18 years
17    of  age  or  older  or   that   the   person   was   not   an
18    institutionalized  severely  or  profoundly mentally retarded
19    person but only where, prior to the act or acts  giving  rise
20    to a prosecution under this Section, he took some affirmative
21    action  or  made  a  bonafide  inquiry  designed to ascertain
22    whether the child was 18 years of age or older  or  that  the
23    person  was  not  an institutionalized severely or profoundly
24    mentally  retarded  person  and   his   reliance   upon   the
25    information so obtained was clearly reasonable.
26        (2)  (Blank).
27        (3)  The  charge  of child pornography shall not apply to
28    the performance of official  duties  by  law  enforcement  or
29    prosecuting  officers,  court  personnel or attorneys, nor to
30    bonafide  treatment  or   professional   education   programs
31    conducted  by  licensed  physicians,  psychologists or social
32    workers.
33        (4)  Possession by the defendant of more than one of  the
34    same  film,  videotape or visual reproduction or depiction by
 
SB745 Engrossed             -1351-             LRB9101253EGfg
 1    computer in which child pornography is depicted shall raise a
 2    rebuttable presumption  that  the  defendant  possessed  such
 3    materials with the intent to disseminate them.
 4        (c)  Violation  of  paragraph  (1),  (4),  (5), or (7) of
 5    subsection (a) is a Class 1 felony with a  mandatory  minimum
 6    fine  of $2,000 and a maximum fine of $100,000.  Violation of
 7    paragraph (3) of subsection (a) is a Class 1  felony  with  a
 8    mandatory  minimum  fine  of  $1500  and  a  maximum  fine of
 9    $100,000.  Violation of paragraph (2) of subsection (a) is  a
10    Class  1  felony with a mandatory minimum fine of $1000 and a
11    maximum fine of $100,000.   Violation  of  paragraph  (6)  of
12    subsection  (a)  is a Class 3 felony with a mandatory minimum
13    fine of $1000 and a maximum fine of $100,000.
14        (d)  If a person is convicted of a second  or  subsequent
15    violation  of  this  Section  within  10  years  of  a  prior
16    conviction,  the  court shall order a presentence psychiatric
17    examination of the person.  The examiner shall report to  the
18    court whether treatment of the person is necessary.
19        (e)  Any  film,  videotape,  photograph  or other similar
20    visual reproduction or depiction by computer which includes a
21    child under the age of 18 or an institutionalized severely or
22    profoundly mentally retarded person engaged in  any  activity
23    described  in  subparagraphs (i) through (vii) or paragraph 1
24    of subsection (a), and any  material  or  equipment  used  or
25    intended   for   use  in  photographing,  filming,  printing,
26    producing,    reproducing,     manufacturing,     projecting,
27    exhibiting,  depiction  by  computer,  or  disseminating such
28    material shall be seized and forfeited in the manner,  method
29    and  procedure  provided by Section 36-1 of this Code for the
30    seizure and forfeiture of vessels, vehicles and aircraft.
31        (e-5)  Upon the conclusion of a case brought  under  this
32    Section, the court shall seal all evidence depicting a victim
33    or  witness  that  is sexually explicit.  The evidence may be
34    unsealed and viewed, on a motion  of  the  party  seeking  to
 
SB745 Engrossed             -1352-             LRB9101253EGfg
 1    unseal  and  view the evidence, only for good cause shown and
 2    in the discretion of the court.  The  motion  must  expressly
 3    set  forth the purpose for viewing the material.  The State's
 4    attorney and the  victim,  if  possible,  shall  be  provided
 5    reasonable notice of  the hearing on the motion to unseal the
 6    evidence.   Any  person entitled to notice of a hearing under
 7    this subsection (e-5) may object to the motion.
 8        (f)  Definitions.  For the purposes of this Section:
 9             (1)  "Disseminate" means (i)  to  sell,  distribute,
10        exchange  or transfer possession, whether with or without
11        consideration or (ii) to make  a  depiction  by  computer
12        available  for  distribution  or  downloading through the
13        facilities of any telecommunications network  or  through
14        any other means of transferring computer programs or data
15        to a computer;
16             (2)  "Produce"  means to direct, promote, advertise,
17        publish, manufacture, issue, present or show;
18             (3)  "Reproduce" means  to  make  a  duplication  or
19        copy;
20             (4)  "Depict  by  computer"  means  to  generate  or
21        create,  or  cause to be created or generated, a computer
22        program or data that, after being processed by a computer
23        either alone or in conjunction with one or more  computer
24        programs,  results  in  a  visual depiction on a computer
25        monitor, screen, or display.
26             (5)  "Depiction  by  computer"  means   a   computer
27        program or data that, after being processed by a computer
28        either  alone or in conjunction with one or more computer
29        programs, results in a visual  depiction  on  a  computer
30        monitor, screen, or display.
31             (6)  "Computer", "computer program", and "data" have
32        the  meanings  ascribed  to them in Section 16D-2 of this
33        Code.
34    (Source: P.A.  90-68,  eff.  7-8-97;  90-678,  eff.  7-31-98;
 
SB745 Engrossed             -1353-             LRB9101253EGfg
 1    90-786, eff. 1-1-99; revised 9-16-98.)

 2        (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
 3        Sec. 12-4. Aggravated Battery.
 4        (a)  A person who, in committing a battery, intentionally
 5    or  knowingly  causes  great  bodily   harm,   or   permanent
 6    disability or disfigurement commits aggravated battery.
 7        (b)  In committing a battery, a person commits aggravated
 8    battery if he or she:
 9             (1)  Uses   a   deadly  weapon  other  than  by  the
10        discharge of a firearm;
11             (2)  Is hooded, robed or masked, in such  manner  as
12        to conceal his identity;
13             (3)  Knows  the individual harmed to be a teacher or
14        other person employed in any school and such  teacher  or
15        other employee is upon the grounds of a school or grounds
16        adjacent  thereto,  or  is in any part of a building used
17        for school purposes;
18             (4)  Knows the individual harmed to be a supervisor,
19        director, instructor or other person employed in any park
20        district and such  supervisor,  director,  instructor  or
21        other employee is upon the grounds of the park or grounds
22        adjacent  thereto,  or  is in any part of a building used
23        for park purposes;
24             (5)  Knows the individual harmed to be a caseworker,
25        investigator, or  other  person  employed  by  the  State
26        Department  of  Public Aid, a County Department of Public
27        Aid, or the  Department  of  Human  Services  (acting  as
28        successor  to the Illinois Department of Public Aid under
29        the  Department  of  Human   Services   Act)   and   such
30        caseworker,  investigator,  or  other  person is upon the
31        grounds of  a  public  aid  office  or  grounds  adjacent
32        thereto,  or is in any part of a building used for public
33        aid purposes, or upon the grounds of a home of  a  public
 
SB745 Engrossed             -1354-             LRB9101253EGfg
 1        aid  applicant,  recipient,  or  any  other  person being
 2        interviewed or investigated in the  employee's  discharge
 3        of  his  duties, or on grounds adjacent thereto, or is in
 4        any part of a building in which the applicant, recipient,
 5        or other such person resides or is located;
 6             (6)  Knows the  individual  harmed  to  be  a  peace
 7        officer,  a  community policing volunteer, a correctional
 8        institution employee, or a fireman  while  such  officer,
 9        volunteer,   employee   or  fireman  is  engaged  in  the
10        execution of any  official  duties  including  arrest  or
11        attempted  arrest,  or to prevent the officer, volunteer,
12        employee or fireman from performing official  duties,  or
13        in  retaliation  for  the officer, volunteer, employee or
14        fireman performing official duties, and  the  battery  is
15        committed other than by the discharge of a firearm;
16             (7)  Knows  the individual harmed to be an emergency
17        medical  technician  -   ambulance,   emergency   medical
18        technician - intermediate, emergency medical technician -
19        paramedic,  ambulance  driver or other medical assistance
20        or first aid personnel engaged in the performance of  any
21        of  his  or  her  official  duties,  or  to  prevent  the
22        emergency   medical  technician  -  ambulance,  emergency
23        medical  technician  -  intermediate,  emergency  medical
24        technician  -  paramedic,  ambulance  driver,  or   other
25        medical assistance or first aid personnel from performing
26        official   duties,   or  in  retaliation  for  performing
27        official duties;
28             (8)  Is, or the person battered is, on  or  about  a
29        public   way,   public   property   or  public  place  of
30        accommodation or amusement;
31             (9)  Knows the individual harmed to be  the  driver,
32        operator,  employee  or  passenger  of any transportation
33        facility  or  system   engaged   in   the   business   of
34        transportation  of the public for hire and the individual
 
SB745 Engrossed             -1355-             LRB9101253EGfg
 1        assaulted is then performing in  such  capacity  or  then
 2        using  such public transportation as a passenger or using
 3        any  area  of   any   description   designated   by   the
 4        transportation  facility or system as a vehicle boarding,
 5        departure, or transfer location;
 6             (10)  Knowingly and without legal justification  and
 7        by  any  means  causes bodily harm to an individual of 60
 8        years of age or older;
 9             (11)  Knows the individual harmed is pregnant;
10             (12)  Knows the individual harmed to be a judge whom
11        the person intended to harm as a result  of  the  judge's
12        performance of his or her official duties as a judge;
13             (13)  Knows  the individual harmed to be an employee
14        of  the  Illinois  Department  of  Children  and   Family
15        Services  engaged  in  the  performance of his authorized
16        duties as such employee;
17             (14)  Knows the individual harmed to be a person who
18        is physically handicapped; or
19             (15)  Knowingly and without legal justification  and
20        by any means causes bodily harm to a merchant who detains
21        the  person  for  an  alleged  commission of retail theft
22        under Section 16A-5 of this  Code.  In  this  item  (15),
23        "merchant"  has  the  meaning  ascribed  to it in Section
24        16A-2.4 of this Code.
25        For the purpose of paragraph (14) of  subsection  (b)  of
26    this Section, a physically handicapped person is a person who
27    suffers    from    a   permanent   and   disabling   physical
28    characteristic, resulting from  disease,  injury,  functional
29    disorder or congenital condition.
30        (c)  A  person who administers to an individual or causes
31    him to take, without his consent or by threat  or  deception,
32    and  for  other  than  medical  purposes,  any  intoxicating,
33    poisonous,  stupefying,  narcotic,  anesthetic, or controlled
34    substance commits aggravated battery.
 
SB745 Engrossed             -1356-             LRB9101253EGfg
 1        (d)  A person who knowingly gives to another  person  any
 2    food  that  contains any substance or object that is intended
 3    to  cause  physical  injury  if  eaten,  commits   aggravated
 4    battery.
 5        (e)  Sentence.
 6        Aggravated battery is a Class 3 felony.
 7    (Source: P.A.  89-507,  eff.  7-1-97;  90-115,  eff.  1-1-98;
 8    90-651, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)

 9        (720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
10        Sec. 12-4.3.  Aggravated battery of a child.
11        (a)  Any  person  of  the  age  18  years and upwards who
12    intentionally or knowingly, and without  legal  justification
13    and  by  any  means,  causes  great  bodily harm or permanent
14    disability or disfigurement to any child under the age of  13
15    years  or  to  any  institutionalized  severely or profoundly
16    mentally retarded person, commits the offense  of  aggravated
17    battery of a child.
18        (b)  Aggravated battery of a child is a Class X felony.
19    (Source: P.A. 89-313, eff. 1-1-96.)

20        (720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
21        Sec. 12-18.  General Provisions.
22        (a)  No  person  accused  of  violating  Sections  12-13,
23    12-14,  12-15  or  12-16 of this Code shall be presumed to be
24    incapable of committing an  offense  prohibited  by  Sections
25    12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code because of
26    age, physical condition or relationship to the victim, except
27    as  otherwise  provided  in  subsection  (c) of this Section.
28    Nothing in this Section  shall  be  construed  to  modify  or
29    abrogate the affirmative defense of infancy under Section 6-1
30    of  this  Code  or  the  provisions  of  Section 5-805 of the
31    Juvenile Court Act of 1987.
32        (b)  Any  medical  examination  or  procedure  which   is
 
SB745 Engrossed             -1357-             LRB9101253EGfg
 1    conducted   by   a  physician,  nurse,  medical  or  hospital
 2    personnel, parent, or caretaker for purposes and in a  manner
 3    consistent  with  reasonable  medical  standards  is  not  an
 4    offense under Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16
 5    of this Code.
 6        (c)  Prosecution  of  a  spouse  of  a  victim under this
 7    subsection for  any  violation  by  the  victim's  spouse  of
 8    Section  12-13,  12-14, 12-15 or 12-16 of this Code is barred
 9    unless the victim reported such offense to a law  enforcement
10    agency  or the State's Attorney's office within 30 days after
11    the offense was committed, except when the court  finds  good
12    cause for the delay.
13        (d)  In   addition  to  the  sentences  provided  for  in
14    Sections 12-13,  12-14,  12-14.1,  12-15  and  12-16  of  the
15    Criminal  Code  of 1961 the Court may order any person who is
16    convicted of violating any of those Sections to meet  all  or
17    any  portion  of  the  financial  obligations  of  treatment,
18    including   but   not   limited   to   medical,  psychiatric,
19    rehabilitative or psychological treatment, prescribed for the
20    victim or victims of the offense.
21        (e)  After a finding at a preliminary hearing that  there
22    is  probable cause to believe that an accused has committed a
23    violation of Section 12-13, 12-14, or 12-14.1 of  this  Code,
24    or after an indictment is returned charging an accused with a
25    violation  of  Section 12-13, 12-14, or 12-14.1 of this Code,
26    at the request of the  person  who  was  the  victim  of  the
27    violation   of   Section   12-13,   12-14,  or  12-14.1,  the
28    prosecuting State's attorney shall seek  an  order  from  the
29    court  to  compel the accused to be tested for infection with
30    human immunodeficiency virus (HIV).  The medical  test  shall
31    be   performed   only   by   appropriately  licensed  medical
32    practitioners,  and  shall  consist   of   an   enzyme-linked
33    immunosorbent  assay  (ELISA) test, or such other test as may
34    be approved by the Illinois Department of Public  Health;  in
 
SB745 Engrossed             -1358-             LRB9101253EGfg
 1    the  event  of a positive result, the Western Blot Assay or a
 2    more reliable confirmatory test shall be  administered.   The
 3    results  of  the  test shall be kept strictly confidential by
 4    all medical personnel involved in the  testing  and  must  be
 5    personally  delivered  in a sealed envelope to the victim and
 6    to  the  judge  who  entered  the  order,  for  the   judge's
 7    inspection  in  camera.   Acting  in accordance with the best
 8    interests of the victim and the public, the judge shall  have
 9    the discretion to determine to whom, if anyone, the result of
10    the  testing  may  be revealed; however, in no case shall the
11    identity of the victim be disclosed.  The court  shall  order
12    that  the  cost  of the test shall be paid by the county, and
13    may be taxed as costs against the accused if convicted.
14        (f)  Whenever any law enforcement officer has  reasonable
15    cause   to  believe  that  a  person  has  been  delivered  a
16    controlled substance without his  or  her  consent,  the  law
17    enforcement  officer  they  shall  advise  the  victim  about
18    seeking medical treatment and preserving evidence.
19        (g)  In a hospital, whenever any emergency room personnel
20    has  reasonable  cause  to  believe  that  a  person has been
21    delivered a controlled substance without his or her  consent,
22    personnel  designated by the hospital, other than a physician
23    licensed to practice medicine in all of its  branches,  shall
24    provide:
25             (1)  An  explanation  to the victim about the nature
26        and effects of commonly used  controlled  substances  and
27        how such controlled substances are administered.
28             (2)  An  offer  to  the  victim  of  testing for the
29        presence of such controlled substances.
30             (3)  A disclosure to the victim that all  controlled
31        substances  or  alcohol  ingested  by  the victim will be
32        disclosed by the test.
33             (4)  A  statement  that  the  test   is   completely
34        voluntary.
 
SB745 Engrossed             -1359-             LRB9101253EGfg
 1             (5)  A  form  for  written  authorization for sample
 2        analysis  of  all  controlled  substances   and   alcohol
 3        ingested by the victim.
 4        No  sample  analysis  may  be performed unless the victim
 5    returns a signed written authorization within 48 hours  after
 6    the sample was collected.
 7        Any  medical treatment, care, or testing shall only be in
 8    accordance with the order of a physician licensed to practice
 9    medicine in all of its branches.
10    (Source: P.A. 89-428, eff. 12-13-95;  89-462,  eff.  5-29-96;
11    90-590, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)

12        (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
13        Sec. 12-30.  Violation of an order of protection.
14        (a)  A person commits violation of an order of protection
15    if:
16             (1)  He  or  she commits an act which was prohibited
17        by a court or fails to commit an act which was ordered by
18        a court in violation of:
19                  (i)  a remedy in a valid  order  of  protection
20             authorized  under paragraphs (1), (2), (3), (14), or
21             (14.5) of subsection  (b)  of  Section  214  of  the
22             Illinois Domestic Violence Act of 1986,
23                  (ii)  a  remedy, which is substantially similar
24             to the remedies  authorized  under  paragraphs  (1),
25             (2),  (3),  (14)  or  (14.5)  of  subsection  (b) of
26             Section 214 of the Illinois Domestic Violence Act of
27             1986, in a  valid  order  of  protection,  which  is
28             authorized under the laws of another state, tribe or
29             United States territory,
30                  (iii)  any    other   remedy   when   the   act
31             constitutes a crime against the protected parties as
32             the term protected parties  is  defined  in  Section
33             112A-4  of  the  Code of Criminal Procedure of 1963;
 
SB745 Engrossed             -1360-             LRB9101253EGfg
 1             and
 2             (2)  Such violation occurs after  the  offender  has
 3        been served notice of the contents of the order, pursuant
 4        to  the  Illinois  Domestic  Violence  Act of 1986 or any
 5        substantially similar statute of another state, tribe  or
 6        United States territory, or otherwise has acquired actual
 7        knowledge of the contents of the order.
 8        An  order  of  protection  issued  by  a state, tribal or
 9    territorial court related  to  domestic  or  family  violence
10    shall  be  deemed valid if the issuing court had jurisdiction
11    over the parties and matter under the law of the state, tribe
12    or territory.  There shall be a presumption of validity where
13    an order is certified and appears authentic on its face.
14        (a-5)  Failure   to   provide   reasonable   notice   and
15    opportunity to be heard shall be an  affirmative  defense  to
16    any  charge or process filed seeking enforcement of a foreign
17    order of protection.
18        (b)  For  purposes  of  this  Section,   an   "order   of
19    protection"  may  have  been  issued  in  a criminal or civil
20    proceeding.
21        (c)  Nothing  in  this  Section  shall  be  construed  to
22    diminish the inherent authority  of  the  courts  to  enforce
23    their  lawful  orders  through  civil  or  criminal  contempt
24    proceedings.
25        (d)  Violation of an order of protection under subsection
26    (a) of this Section is a Class A misdemeanor. Violation of an
27    order of protection under subsection (a) of this Section is a
28    Class  4  felony  if  the  defendant has any prior conviction
29    under this Code for  domestic  battery  (Section  12-3.2)  or
30    violation  of  an  order  of  protection (Section 12-30). The
31    court shall impose a minimum penalty of 24 hours imprisonment
32    for defendant's second or subsequent violation of  any  order
33    of  protection;  unless  the  court  explicitly finds that an
34    increased penalty or such period  of  imprisonment  would  be
 
SB745 Engrossed             -1361-             LRB9101253EGfg
 1    manifestly  unjust.  In  addition to any other penalties, the
 2    court may order the defendant to pay  a  fine  as  authorized
 3    under  Section 5-9-1 of the Unified Code of Corrections or to
 4    make restitution to the victim under  Section  5-5-6  of  the
 5    Unified  Code  of  Corrections.  In  addition  to  any  other
 6    penalties,  including those imposed by Section 5-9-1.5 of the
 7    Unified Code  of  Corrections,  the  court  shall  impose  an
 8    additional  fine  of $20 as authorized by Section 5-9-1.11 of
 9    the Unified Code of Corrections upon any person convicted  of
10    or  placed  on  supervision  for a violation of this Section.
11    The additional fine shall be imposed for  each  violation  of
12    this Section.
13        (e)  The  limitations placed on law enforcement liability
14    by Section 305 of the Illinois Domestic Violence Act of  1986
15    apply to actions taken under this Section.
16    (Source:  P.A.  90-241,  eff.  1-1-98;  90-732, eff. 8-11-98;
17    90-734, eff. 1-1-99; revised 9-21-98.)

18        (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
19        Sec. 14-3.  Exemptions.  The following  activities  shall
20    be exempt from the provisions of this Article:
21        (a)  Listening   to   radio,   wireless   and  television
22    communications of any sort where the same are publicly made;
23        (b)  Hearing conversation when heard by employees of  any
24    common  carrier  by  wire  incidental to the normal course of
25    their employment in the operation, maintenance or  repair  of
26    the  equipment  of  such common carrier by wire so long as no
27    information obtained thereby  is  used  or  divulged  by  the
28    hearer;
29        (c)  Any  broadcast  by  radio,  television  or otherwise
30    whether it be a broadcast or  recorded  for  the  purpose  of
31    later  broadcasts  of  any  function  where  the public is in
32    attendance and the conversations are overheard incidental  to
33    the  main  purpose  for  which such broadcasts are then being
 
SB745 Engrossed             -1362-             LRB9101253EGfg
 1    made;
 2        (d)  Recording or listening with the aid of any device to
 3    any emergency communication made  in  the  normal  course  of
 4    operations  by  any  federal,  state or local law enforcement
 5    agency  or  institutions  dealing  in   emergency   services,
 6    including,  but not limited to, hospitals, clinics, ambulance
 7    services,  fire  fighting  agencies,  any   public   utility,
 8    emergency  repair facility, civilian defense establishment or
 9    military installation;
10        (e)  Recording the proceedings of any meeting required to
11    be open by the Open Meetings Act, as amended; and
12        (f)  Recording or listening with the aid of any device to
13    incoming telephone calls of phone lines  publicly  listed  or
14    advertised   as   consumer  "hotlines"  by  manufacturers  or
15    retailers of food and drug products.  Such recordings must be
16    destroyed, erased or turned over  to  local  law  enforcement
17    authorities  within  24 hours from the time of such recording
18    and shall not be otherwise disseminated.  Failure on the part
19    of the individual or business operating any such recording or
20    listening device to comply  with  the  requirements  of  this
21    subsection  shall  eliminate  any  civil or criminal immunity
22    conferred upon that individual or business by  the  operation
23    of this Section;.
24        (g)  With  prior  notification to the State's Attorney of
25    the county in which it is to occur,  recording  or  listening
26    with  the  aid  of any device to any conversation where a law
27    enforcement officer, or any person acting at the direction of
28    law enforcement, is a  party  to  the  conversation  and  has
29    consented   to   it   being  intercepted  or  recorded  under
30    circumstances where the use of the device  is  necessary  for
31    the  protection  of the law enforcement officer or any person
32    acting at the direction of law enforcement, in the course  of
33    an  investigation of a forcible felony, a felony violation of
34    the Illinois Controlled Substances Act, a felony violation of
 
SB745 Engrossed             -1363-             LRB9101253EGfg
 1    the Cannabis Control Act,  or  any  "streetgang  related"  or
 2    "gang-related"  felony  as  those  terms  are  defined in the
 3    Illinois Streetgang Terrorism Omnibus  Prevention  Act.   Any
 4    recording or evidence derived as the result of this exemption
 5    shall  be  inadmissible in any proceeding, criminal, civil or
 6    administrative, except (i) where a party to the  conversation
 7    suffers   great  bodily  injury  or  is  killed  during  such
 8    conversation, or (ii) when used as direct  impeachment  of  a
 9    witness  concerning  matters contained in the interception or
10    recording.  The Director of the Department  of  State  Police
11    shall  issue  regulations as are necessary concerning the use
12    of  devices,  retention  of  tape  recordings,  and   reports
13    regarding their use;.
14        (h)  Recordings   made   simultaneously   with   a  video
15    recording of an oral conversation between  a  peace  officer,
16    who  has  identified  his or her office, and a person stopped
17    for an investigation of an offense under the Illinois Vehicle
18    Code;.
19        (i)  Recording of  a  conversation  made  by  or  at  the
20    request  of  a person, not a law enforcement officer or agent
21    of  a  law  enforcement  officer,  who  is  a  party  to  the
22    conversation, under reasonable suspicion that  another  party
23    to the conversation is committing, is about to commit, or has
24    committed  a  criminal offense against the person or a member
25    of his or her immediate household, and  there  is  reason  to
26    believe that evidence of the criminal offense may be obtained
27    by the recording; and.
28        (j)  The  use  of a telephone monitoring device by either
29    (1)  a  corporation  or  other  business  entity  engaged  in
30    marketing or opinion research or (2) a corporation  or  other
31    business entity engaged in telephone solicitation, as defined
32    in  this  subsection,  to  record or listen to oral telephone
33    solicitation conversations or marketing or  opinion  research
34    conversations  by  an  employee  of  the corporation or other
 
SB745 Engrossed             -1364-             LRB9101253EGfg
 1    business entity when:
 2             (i)  the monitoring  is  used  for  the  purpose  of
 3        service  quality control of marketing or opinion research
 4        or telephone solicitation, the education or  training  of
 5        employees  or contractors engaged in marketing or opinion
 6        research or telephone solicitation, or internal  research
 7        related  to  marketing  or  opinion research or telephone
 8        solicitation; and
 9             (ii)  the monitoring is used with the consent of  at
10        least  one person who is an active party to the marketing
11        or   opinion   research   conversation    or    telephone
12        solicitation conversation being monitored.
13        No communication or conversation or any part, portion, or
14    aspect  of  the communication or conversation made, acquired,
15    or obtained, directly or  indirectly,  under  this  exemption
16    (j),  may  be,  directly  or indirectly, furnished to any law
17    enforcement officer, agency, or official for any  purpose  or
18    used  in  any  inquiry or investigation, or used, directly or
19    indirectly,  in  any  administrative,  judicial,   or   other
20    proceeding, or divulged to any third party.
21        When recording or listening authorized by this subsection
22    (j) on telephone lines used for marketing or opinion research
23    or  telephone  solicitation  purposes results in recording or
24    listening to a conversation that does not relate to marketing
25    or opinion research or  telephone  solicitation;  the  person
26    recording  or  listening  shall, immediately upon determining
27    that the conversation does not relate to marketing or opinion
28    research or telephone solicitation, terminate  the  recording
29    or  listening  and  destroy  any such recording as soon as is
30    practicable.
31        Business entities that  use  a  telephone  monitoring  or
32    telephone  recording  system  pursuant  to this exemption (j)
33    shall provide current and prospective employees  with  notice
34    that the monitoring or recordings may occur during the course
 
SB745 Engrossed             -1365-             LRB9101253EGfg
 1    of  their  employment.   The  notice  shall include prominent
 2    signage notification within the workplace.
 3        Business entities that  use  a  telephone  monitoring  or
 4    telephone  recording  system  pursuant  to this exemption (j)
 5    shall provide  their  employees  or  agents  with  access  to
 6    personal-only  telephone  lines  which may be pay telephones,
 7    that are not subject to  telephone  monitoring  or  telephone
 8    recording.
 9        For  the  purposes  of  this  subsection  (j), "telephone
10    solicitation" means a communication  through  the  use  of  a
11    telephone by live operators:
12             (i)  soliciting the sale of goods or services;
13             (ii)  receiving  orders  for  the  sale  of goods or
14        services;
15             (iii)  assisting in the use of goods or services; or
16             (iv)  engaging in the solicitation,  administration,
17        or collection of bank or retail credit accounts.
18        For  the  purposes  of this subsection (j), "marketing or
19    opinion research"  means  a  marketing  or  opinion  research
20    interview  conducted  by a live telephone interviewer engaged
21    by a corporation or other  business  entity  whose  principal
22    business  is  the  design, conduct, and analysis of polls and
23    surveys measuring the opinions, attitudes, and  responses  of
24    respondents  toward  products  and  services,  or  social  or
25    political issues, or both.
26    (Source: P.A.  88-677,  eff. 12-15-94; 89-428, eff. 12-13-95;
27    89-452, eff. 5-17-96; revised 10-31-98.)

28        (720 ILCS 5/14-4) (from Ch. 38, par. 14-4)
29        Sec. 14-4. 14.4.  Sentence.)  Eavesdropping, for a  first
30    offense, is a Class 4 felony, and, for a second or subsequent
31    offense, is a Class 3 felony.
32    (Source: P.A. 79-781; revised 3-12-98.)
 
SB745 Engrossed             -1366-             LRB9101253EGfg
 1        (720 ILCS 5/16-15) (from Ch. 38, par. 16-15)
 2        Sec. 16-15.  (a) A person commits unlawful use of a theft
 3    detection  shielding  device  when he knowingly manufactures,
 4    sells, offers for sale or distributes any laminated or coated
 5    bag or device peculiar to  and  marketed  for  shielding  and
 6    intended   to   shield   merchandise  from  detection  by  an
 7    electronic or magnetic theft alarm sensor.
 8        (b)  A person commits  unlawful  possession  of  a  theft
 9    detection  shielding  device  when he knowingly possesses any
10    laminated or coated bag or device peculiar  to  and  designed
11    for   shielding  and  intended  to  shield  merchandise  from
12    detection by an electronic or magnetic  theft  alarm  sensor,
13    with the intent to commit theft or retail theft.
14        (c)  A  person  commits  unlawful  possession  of a theft
15    detection device remover when he knowingly possesses any tool
16    or  device  designed  to  allow  the  removal  of  any  theft
17    detection device from any merchandise with the intent to  use
18    such  tool  to  remove  any  theft  detection device from any
19    merchandise without the permission of the merchant or  person
20    owning or holding said merchandise.
21        (d)  Any person convicted for the first time of violating
22    the provisions of subsection (a), (b), or (c) of this Section
23    is  guilty  of a Class A misdemeanor.  A second or subsequent
24    offense is a Class 4 felony.
25    (Source: P.A. 84-1094; revised 10-31-98.)

26        (720 ILCS 5/17-3) (from Ch. 38, par. 17-3)
27        (Text of Section before amendment by P.A. 90-759)
28        Sec. 17-3. Forgery.
29        (a)  A  person  commits  forgery  when,  with  intent  to
30    defraud, he knowingly:
31             (1)  Makes or alters any document apparently capable
32        of defrauding another in such manner that it purports  to
33        have  been  made  by  another or at another time, or with
 
SB745 Engrossed             -1367-             LRB9101253EGfg
 1        different provisions, or by authority of one who did  not
 2        give such authority; or
 3             (2)  Issues  or delivers such document knowing it to
 4        have been thus made or altered; or
 5             (3)  Possesses, with intent to issue or deliver, any
 6        such document knowing  it  to  have  been  thus  made  or
 7        altered; or
 8             (4)  Unlawfully   uses  the  digital  signature,  as
 9        defined in the Financial Institutions  Digital  Signature
10        Act, of another.
11        (b)  An  intent  to  defraud  means an intention to cause
12    another to assume, create, transfer, alter or  terminate  any
13    right,  obligation  or  power with reference to any person or
14    property.  As used in this Section, "document" includes,  but
15    is  not  limited  to,  any document, representation, or image
16    produced manually, electronically, or by computer.
17        (c)  A document apparently capable of defrauding  another
18    includes,  but  is  not  limited  to, one by which any right,
19    obligation or power with reference to any person or  property
20    may be created, transferred, altered or terminated.
21        (d)  Sentence.
22        Forgery is a Class 3 felony.
23    (Source: P.A. 90-575, eff. 3-20-98.)

24        (Text of Section after amendment by P.A. 90-759)
25        Sec. 17-3. Forgery.
26        (a)  A  person  commits  forgery  when,  with  intent  to
27    defraud, he knowingly:
28             (1)  makes or alters any document apparently capable
29        of  defrauding another in such manner that it purports to
30        have been made by another or at  another  time,  or  with
31        different  provisions, or by authority of one who did not
32        give such authority; or
33             (2)  issues or delivers such document knowing it  to
34        have been thus made or altered; or
 
SB745 Engrossed             -1368-             LRB9101253EGfg
 1             (3)  possesses, with intent to issue or deliver, any
 2        such  document  knowing  it  to  have  been  thus made or
 3        altered; or
 4             (4)  unlawfully  uses  the  digital  signature,   as
 5        defined  in  the Financial Institutions Digital Signature
 6        Act, of another; or.
 7             (5) (4)  unlawfully uses  the  signature  device  of
 8        another  to  create an electronic signature of that other
 9        person, as those terms  are  defined  in  the  Electronic
10        Commerce Security Act.
11        (b)  An  intent  to  defraud  means an intention to cause
12    another to assume, create, transfer, alter or  terminate  any
13    right,  obligation  or  power with reference to any person or
14    property.  As used in this Section, "document" includes,  but
15    is  not  limited  to,  any document, representation, or image
16    produced manually, electronically, or by computer.
17        (c)  A document apparently capable of defrauding  another
18    includes,  but  is  not  limited  to, one by which any right,
19    obligation or power with reference to any person or  property
20    may  be  created,  transferred,  altered  or  terminated.   A
21    document  includes  any  record or electronic record as those
22    terms are defined in the Electronic Commerce Security Act.
23        (d)  Sentence.
24        Forgery is a Class 3 felony.
25    (Source: P.A. 90-575,  eff.  3-20-98;  90-759,  eff.  7-1-99;
26    revised 9-22-98.)

27        (720 ILCS 5/17B-10)
28        Sec. 17B-10. Administrative malfeasance.
29        (a)  A person who misappropriates, misuses, or unlawfully
30    withholds  or converts to his or her own use or to the use of
31    another any public funds  made  available  for  the  Illinois
32    Department  of  Public Health or Department of Human Services
33    Special Supplemental Food  Program  for  Women,  Infants  and
 
SB745 Engrossed             -1369-             LRB9101253EGfg
 1    Children  (WIC)  is guilty of a violation of this Article and
 2    shall be punished as provided in Section 17B-20.
 3        (b)  An official or employee of a State, county, or  unit
 4    of  local  government who willfully facilitates, aids, abets,
 5    assists, or knowingly participates in a  known  violation  of
 6    Section  17B-5,  17B-10, or 17B-15 is subject to disciplinary
 7    proceedings  under  the  rules  of  the  applicable  Illinois
 8    Department or unit of local government.
 9    (Source:  P.A.  88-680,  eff.  1-1-95;  89-8,  eff.  3-21-95;
10    89-377, eff. 8-18-95; 89-507, eff. 7-1-97; revised 10-31-98.)

11        (720 ILCS 5/18-5)
12        Sec. 18-5.  Aggravated robbery.
13        (a)  A person commits aggravated robbery when he  or  she
14    takes  property from the person or presence of another by the
15    use of force or by threatening  the  imminent  use  of  force
16    while  indicating  verbally  or  by his or her actions to the
17    victim that he or she is presently armed with  a  firearm  or
18    other  dangerous  weapon,  including  a  knife,  club, ax, or
19    bludgeon.  This offense shall be applicable even though it is
20    later determined that he or  she  had  no  firearm  or  other
21    dangerous  weapon,  including a knife, club, ax, or bludgeon,
22    in his or  her  possession  when  he  or  she  committed  the
23    robbery.
24        (a-5)  A person commits aggravated robbery when he or she
25    takes  property  from  the  person  or presence of another by
26    delivering (by injection, inhalation, ingestion, transfer  of
27    possession,  or any other means) to the victim without his or
28    her consent, or by threat or deception, and  for  other  than
29    medical purposes, any controlled substance.
30        (b)  Sentence.  Aggravated robbery is a Class 1 felony.
31    (Source: P.A.  90-593,  eff.  1-1-99;  90-735,  eff. 8-11-98;
32    revised 9-16-98.)
 
SB745 Engrossed             -1370-             LRB9101253EGfg
 1        (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
 2        Sec. 24-1.2.  Aggravated discharge of a firearm.
 3        (a)  A person commits aggravated discharge of  a  firearm
 4    when he knowingly or intentionally:
 5             (1)  Discharges  a  firearm at or into a building he
 6        knows to be occupied and the firearm is discharged from a
 7        place or position outside that building;
 8             (2)  Discharges  a  firearm  in  the  direction   of
 9        another  person or in the direction of a vehicle he knows
10        to be occupied;
11             (3)  Discharges a firearm  in  the  direction  of  a
12        person  he  knows  to  be  a  peace  officer, a community
13        policing volunteer, a correctional institution  employee,
14        or  a  fireman  while the officer, volunteer, employee or
15        fireman is  engaged  in  the  execution  of  any  of  his
16        official  duties,  or  to prevent the officer, volunteer,
17        employee or fireman from performing his official  duties,
18        or in retaliation for the officer, volunteer, employee or
19        fireman performing his official duties;
20             (4)  Discharges  a  firearm  in  the  direction of a
21        vehicle he knows to be occupied by  a  peace  officer,  a
22        person  summoned  or  directed  by  a  peace  officer,  a
23        correctional  institution employee or a fireman while the
24        officer, employee or fireman is engaged in the  execution
25        of any of his official duties, or to prevent the officer,
26        employee  or fireman from performing his official duties,
27        or in retaliation for the officer,  employee  or  fireman
28        performing his official duties;
29             (5)  Discharges  a  firearm  in  the  direction of a
30        person he knows to be an emergency medical  technician  -
31        ambulance,  emergency  medical technician - intermediate,
32        emergency  medical  technician  -  paramedic,   ambulance
33        driver,   or   other  medical  assistance  or  first  aid
34        personnel,  employed   by   a   municipality   or   other
 
SB745 Engrossed             -1371-             LRB9101253EGfg
 1        governmental unit, while the emergency medical technician
 2        - ambulance, emergency medical technician - intermediate,
 3        emergency   medical  technician  -  paramedic,  ambulance
 4        driver,  or  other  medical  assistance  or   first   aid
 5        personnel  is  engaged  in  the  execution  of any of his
 6        official duties, or  to  prevent  the  emergency  medical
 7        technician  -  ambulance,  emergency medical technician -
 8        intermediate, emergency medical technician  -  paramedic,
 9        ambulance  driver,  or  other medical assistance or first
10        aid personnel from performing his official duties, or  in
11        retaliation   for  the  emergency  medical  technician  -
12        ambulance, emergency medical technician  -  intermediate,
13        emergency   medical  technician  -  paramedic,  ambulance
14        driver,  or  other  medical  assistance  or   first   aid
15        personnel performing his official duties; or
16             (6)  Discharges  a  firearm  in  the  direction of a
17        vehicle he knows to be occupied by an  emergency  medical
18        technician  -  ambulance,  emergency medical technician -
19        intermediate, emergency medical technician -  paramedic,,
20        ambulance  driver,  or  other medical assistance or first
21        aid  personnel,  employed  by  a  municipality  or  other
22        governmental unit, while the emergency medical technician
23        - ambulance, emergency medical technician - intermediate,
24        emergency  medical  technician  -  paramedic,   ambulance
25        driver,   or   other  medical  assistance  or  first  aid
26        personnel is engaged in  the  execution  of  any  of  his
27        official  duties,  or  to  prevent  the emergency medical
28        technician - ambulance, emergency  medical  technician  -
29        intermediate,  emergency  medical technician - paramedic,
30        ambulance driver, or other medical  assistance  or  first
31        aid  personnel from performing his official duties, or in
32        retaliation  for  the  emergency  medical  technician   -
33        ambulance,  emergency  medical technician - intermediate,
34        emergency  medical  technician  -  paramedic,   ambulance
 
SB745 Engrossed             -1372-             LRB9101253EGfg
 1        driver,   or   other  medical  assistance  or  first  aid
 2        personnel performing his official duties.
 3        (b)  A violation  of  subsection  (a)(1)  or   subsection
 4    (a)(2)  of  this Section is a Class 1 felony.  A violation of
 5    subsection (a)(3), (a)(4), (a)(5), or (a)(6) of this  Section
 6    is a Class X felony for which the sentence shall be a term of
 7    imprisonment  of  no  less than 10 years and not more than 45
 8    years.
 9    (Source: P.A. 90-651, eff. 1-1-99; revised 10-31-98.)

10        (720 ILCS 5/25-1.1)
11        Sec. 25-1.1.  Unlawful contact with streetgang members.
12        (a)  A person commits the  offense  of  unlawful  contact
13    with streetgang members when:
14             (1)  He  or  she  knowingly  has  direct or indirect
15        contact with a streetgang member as defined in Section 10
16        of the Illinois Streetgang Terrorism  Omnibus  Prevention
17        Act after having been sentenced to probation, conditional
18        discharge,  or  supervision for a criminal offense with a
19        condition of such sentence being to refrain  from  direct
20        or  indirect contact with a streetgang member or members;
21        or
22             (2)  He or she  knowingly  has  direct  or  indirect
23        contact with a streetgang member as defined in Section 10
24        of  the  Illinois Streetgang Terrorism Omnibus Prevention
25        Act after having been released on bond for  any  criminal
26        offense  with  a  condition of such bond being to refrain
27        from direct or indirect contact with a streetgang  member
28        or members.;
29        (b)  Unlawful  contact with streetgang members is a Class
30    A misdemeanor.
31        (c)  This Section does not apply to  a  person  when  the
32    only  streetgang  member  or  members  he or she is with is a
33    family or household member or members as defined in paragraph
 
SB745 Engrossed             -1373-             LRB9101253EGfg
 1    (3) of Section 112A-3 of the Code of  Criminal  Procedure  of
 2    1963  and  the  streetgang  members  are  not  engaged in any
 3    streetgang related activity.
 4    (Source: P.A. 90-795, eff. 8-14-98; revised 9-22-98.)

 5        (720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
 6        Sec. 31A-1.2.  Unauthorized bringing of contraband into a
 7    penal institution by an employee; unauthorized possessing  of
 8    contraband   in   a   penal   institution   by  an  employee;
 9    unauthorized delivery of contraband in a penal institution by
10    an employee.
11        (a)  A  person  commits  the  offense   of   unauthorized
12    bringing  of  contraband  into  a  penal  institution  by  an
13    employee  when  a  person  who  is  an employee knowingly and
14    without authority or any person designated or  authorized  to
15    grant such authority:
16             (1)  brings   or   attempts  to  bring  an  item  of
17        contraband listed  in  paragraphs  (i)  through  (iv)  of
18        subsection (d)(4) into a penal institution, or
19             (2)  causes  or  permits another to bring an item of
20        contraband listed  in  paragraphs  (i)  through  (iv)  of
21        subsection (d)(4) into a penal institution.
22        (b)  A   person   commits  the  offense  of  unauthorized
23    possession  of  contraband  in  a  penal  institution  by  an
24    employee when a person  who  is  an  employee  knowingly  and
25    without  authority  of any person designated or authorized to
26    grant  such  authority   possesses   contraband   listed   in
27    paragraphs  (i)  through (iv) of subsection (d)(4) in a penal
28    institution, regardless of the intent with which he possesses
29    it.
30        (c)  A  person  commits  the  offense   of   unauthorized
31    delivery  of contraband in a penal institution by an employee
32    when a person  who  is  an  employee  knowingly  and  without
33    authority  of  any  person  designated or authorized to grant
 
SB745 Engrossed             -1374-             LRB9101253EGfg
 1    such authority:
 2             (1)  delivers or possesses with intent to deliver an
 3        item of contraband to any inmate of a penal  institution,
 4        or
 5             (2)  conspires  to  deliver or solicits the delivery
 6        of an item  of  contraband  to  any  inmate  of  a  penal
 7        institution, or
 8             (3)  causes  or  permits  the delivery of an item of
 9        contraband to any inmate of a penal institution, or
10             (4)  permits another person to attempt to deliver an
11        item of contraband to any inmate of a penal institution.
12        (d)  For purpose of this Section, the words  and  phrases
13    listed below shall be defined as follows:
14             (1)  "Penal  Institution"  shall  have  the  meaning
15        ascribed to it in subsection (c)(1) of Section 31A-1.1 of
16        this Code;
17             (2)  "Employee"   means  any  elected  or  appointed
18        officer, trustee or employee of a penal institution or of
19        the governing authority of the penal institution, or  any
20        person  who  performs  services for the penal institution
21        pursuant to contract with the penal  institution  or  its
22        governing authority.
23             (3)  "Deliver"   or  "delivery"  means  the  actual,
24        constructive or attempted transfer of  possession  of  an
25        item   of  contraband,  with  or  without  consideration,
26        whether or not there is an agency relationship;
27             (4)  "Item  of  contraband"   means   any   of   the
28        following:
29                  (i)  "Alcoholic liquor" as such term is defined
30             in Section 1-3.05 of the Liquor Control Act of 1934.
31                  (ii)  "Cannabis"  as  such  term  is defined in
32             subsection (a) of Section 3 of the Cannabis  Control
33             Act.
34                  (iii)  "Controlled  substance"  as such term is
 
SB745 Engrossed             -1375-             LRB9101253EGfg
 1             defined  in  the  Illinois   Controlled   Substances
 2             Substance Act.
 3                  (iv)  "Hypodermic    syringe"   or   hypodermic
 4             needle,  or  any  instrument  adapted  for  use   of
 5             controlled  substances  or  cannabis by subcutaneous
 6             injection.
 7                  (v)  "Weapon" means any  knife,  dagger,  dirk,
 8             billy,  razor,  stiletto,  broken  bottle,  or other
 9             piece of glass which could be used  as  a  dangerous
10             weapon.   Such  term  includes any of the devices or
11             implements designated in subsections (a)(1),  (a)(3)
12             and (a)(6) of Section 24-1 of this Act, or any other
13             dangerous weapon or instrument of like character.
14                  (vi)  "Firearm"  means  any device, by whatever
15             name known, which is designed to expel a  projectile
16             or  projectiles  by  the  action  of  an  explosion,
17             expansion of gas or escape of gas, including but not
18             limited to:
19                       (A)  any pneumatic gun, spring gun, or B-B
20                  gun  which  expels a single globular projectile
21                  not exceeding .18 inch in diameter; or
22                       (B)  any  device  used   exclusively   for
23                  signaling or safety and required or recommended
24                  by   the  United  States  Coast  Guard  or  the
25                  Interstate Commerce Commission; or
26                       (C)  any device used exclusively  for  the
27                  firing  of stud cartridges, explosive rivets or
28                  industrial ammunition; or
29                       (D)  any  device  which  is   powered   by
30                  electrical  charging  units, such as batteries,
31                  and which fires one or several  barbs  attached
32                  to  a  length of wire and which, upon hitting a
33                  human,  can  send  out   current   capable   of
34                  disrupting  the person's nervous system in such
 
SB745 Engrossed             -1376-             LRB9101253EGfg
 1                  a manner as to render him incapable  of  normal
 2                  functioning, commonly referred to as a stun gun
 3                  or taser.
 4                  (vii)  "Firearm     ammunition"    means    any
 5             self-contained  cartridge  or  shotgun   shell,   by
 6             whatever name known, which is designed to be used or
 7             adaptable  to  use  in  a firearm, including but not
 8             limited to:
 9                       (A)  any ammunition  exclusively  designed
10                  for  use  with  a  device  used exclusively for
11                  signaling or safety and required or recommended
12                  by  the  United  States  Coast  Guard  or   the
13                  Interstate Commerce Commission; or
14                       (B)  any  ammunition  designed exclusively
15                  for use with a stud or rivet  driver  or  other
16                  similar industrial ammunition.
17                  (viii)  "Explosive"  means,  but is not limited
18             to,  bomb,  bombshell,  grenade,  bottle  or   other
19             container  containing an explosive substance of over
20             one-quarter ounce for like purposes  such  as  black
21             powder  bombs  and  Molotov  cocktails  or artillery
22             projectiles.
23                  (ix)  "Tool  to  defeat  security   mechanisms"
24             means,  but  is not limited to, handcuff or security
25             restraint key,  tool  designed  to  pick  locks,  or
26             device  or  instrument capable of unlocking handcuff
27             or security restraints, doors to cells, rooms, gates
28             or other areas of the penal institution.
29                  (x)  "Cutting tool" means, but is  not  limited
30             to, hacksaw blade, wirecutter, or device, instrument
31             or file capable of cutting through metal.
32                  (xi)  "Electronic contraband" means, but is not
33             limited  to, any electronic, video recording device,
34             computer,  or  cellular  communications   equipment,
 
SB745 Engrossed             -1377-             LRB9101253EGfg
 1             including,  but not limited to, cellular telephones,
 2             cellular telephone batteries,  videotape  recorders,
 3             pagers,    computers,    and   computer   peripheral
 4             equipment.
 5        (e)  A violation of paragraphs (a) or (b) of this Section
 6    involving alcohol  is  a  Class  4  felony.  A  violation  of
 7    paragraph  (a) or (b) of this Section involving cannabis is a
 8    Class  2  felony.   A  violation  of  paragraph  (a)  or  (b)
 9    involving any amount of a controlled substance classified  in
10    Schedules  III,  IV  or  V  of  Article  II  of  the Illinois
11    Controlled Substances Act is a Class 1 felony.   A  violation
12    of  paragraph (a) or (b) of this Section involving any amount
13    of a controlled substance classified in Schedules I or II  of
14    Article  II  of  the  Illinois Controlled Substances Act is a
15    Class  X  felony.   A  violation  of  paragraph  (a)  or  (b)
16    involving an item of contraband listed in paragraph  (iv)  of
17    subsection  (d)(4)  is  a  Class  X  felony.  A  violation of
18    paragraph (a) or (b) involving an item of  contraband  listed
19    in  paragraph  (v)  or (xi) of subsection (d)(4) is a Class 1
20    felony.  A violation of paragraph (a)  or  (b)  involving  an
21    item of contraband listed in paragraphs (vi), (vii) or (viii)
22    of subsection (d)(4) is a Class X felony.
23        (f)  A   violation  of  paragraph  (c)  of  this  Section
24    involving alcoholic liquor is a Class 3 felony.   A violation
25    of paragraph (c) involving cannabis is a Class 1  felony.   A
26    violation   of  paragraph  (c)  involving  any  amount  of  a
27    controlled substance classified in Schedules III, IV or V  of
28    Article  II  of  the  Illinois Controlled Substances Act is a
29    Class X felony.  A violation of paragraph (c)  involving  any
30    amount of a controlled substance classified in Schedules I or
31    II of Article II of the Illinois Controlled Substances Act is
32    a  Class  X felony for which the minimum term of imprisonment
33    shall be 8 years.  A violation of paragraph (c) involving  an
34    item  of  contraband  listed  in paragraph (iv) of subsection
 
SB745 Engrossed             -1378-             LRB9101253EGfg
 1    (d)(4) is a Class X felony for  which  the  minimum  term  of
 2    imprisonment  shall be 8 years.  A violation of paragraph (c)
 3    involving an item of contraband listed in paragraph (v), (ix)
 4    or (x) of subsection (d)(4) is a Class X felony for which the
 5    minimum term of imprisonment shall be 10 years.  A  violation
 6    of  paragraph  (c)  involving an item of contraband listed in
 7    paragraphs (vi), (vii) or (viii) of subsection  (d)(4)  is  a
 8    Class  X  felony  for  which the minimum term of imprisonment
 9    shall be 12 years.
10        (g)  Items confiscated may be retained  for  use  by  the
11    Department   of   Corrections   or   disposed  of  as  deemed
12    appropriate by the Chief Administrative Officer in accordance
13    with Department rules or disposed of as required by law.
14    (Source: P.A. 89-688,  eff.  6-1-97;  90-655,  eff.  7-30-98.
15    revised 10-31-98.)

16        (720 ILCS 5/34-1) (from Ch. 38, par. 34-1)
17        Sec.  34-1.  Effect  of  headings.  Section, Article, and
18    Title headings  contained  herein  shall  not  be  deemed  to
19    govern,  limit,  modify  or  in  any manner affect the scope,
20    meaning, or intent of the provisions of any Section, Article,
21     or Title hereof.
22    (Source: Laws 1961, p. 1983; revised 10-31-98.)

23        (720 ILCS 5/46-4)
24        Sec. 46-4.  Organizer of an aggravated fraud conspiracy.
25        (a)  A person commits the offense of being  an  organizer
26    of an aggravated fraud conspiracy when he:
27             (1)  with  the  intent  that  a violation of Section
28        46-2 of this Code be committed, agrees  with  another  to
29        the commission of that offense; and
30             (2)  with   respect  to  other  persons  within  the
31        conspiracy, occupies a position of organizer, supervisor,
32        financer, or other position of management.
 
SB745 Engrossed             -1379-             LRB9101253EGfg
 1        No person may be convicted of the  offense  of  being  an
 2    organizer  of  an aggravated fraud conspiracy unless an overt
 3    act or acts in furtherance of the agreement  is  alleged  and
 4    proved  to  have been committed by him or by a co-conspirator
 5    and the accused is part of a common scheme or plan to  engage
 6    in  the unlawful activity.  For the purposes of this Section,
 7    the person or persons with whom the  accused  is  alleged  to
 8    have  agreed  to  commit  the 3 or more violations of Section
 9    46-1 or 46-1.1 of this Code need not be the  same  person  or
10    persons for each violation, as long as the accused occupied a
11    position   of   organizer,  supervisor,  financer,  or  other
12    position of management in each  of  the  3  or  more  alleged
13    violations.
14        (b)  It  is  not  a  defense  to  the offense of being an
15    organizer of an aggravated fraud conspiracy that  the  person
16    or   persons  with  whom  the  accused  is  alleged  to  have
17    conspired:
18             (1)  have not been prosecuted or convicted;
19             (2)  have been convicted of a different offense;
20             (3)  are not amenable to justice;
21             (4)  have been acquitted; or
22             (5)  lacked the capacity to commit an offense.
23        (c)  Notwithstanding Section 8-5 of this Code,  a  person
24    may  be convicted and sentenced both for the offense of being
25    an organizer of an aggravated fraud conspiracy  and  for  any
26    other offense that is the object of the conspiracy.
27        (d)  The  offense  of being an organizer of an aggravated
28    fraud conspiracy is a Class X felony.
29    (Source: P.A. 90-333, eff. 1-1-98; revised 10-31-98.)

30        Section 238.   The  Sale  Price  Ad  Act  is  amended  by
31    changing Section 2 as follows:

32        (720 ILCS 350/2) (from Ch. 121 1/2, par. 852)
 
SB745 Engrossed             -1380-             LRB9101253EGfg
 1        Sec.  2.   Whenever  a  seller  advertises  that consumer
 2    consumers goods are for sale and  that  advertisement  states
 3    the  price  of  the  consumer  goods,  the  stated price must
 4    include all services incidental to  the  proper  use  of  the
 5    goods  by  the  purchaser,  or the ad must state clearly that
 6    such services will be furnished at extra cost.
 7    (Source: P.A. 79-732; revised 10-31-98.)

 8        Section 239.  The  Ticket  Scalping  Act  is  amended  by
 9    changing Section 2 as follows:

10        (720 ILCS 375/2) (from Ch. 121 1/2, par. 157.33)
11        Sec.  2.   (a)  Whoever violates any of the provisions of
12    Section 1.5 1 1/2 of this Act shall be guilty of  a  Class  A
13    misdemeanor and may be fined up to $5,000.00 for each offense
14    and  whoever  violates any other provision of this Act may be
15    enjoined and be required to make restitution to  all  injured
16    consumers  upon  application  for  injunctive  relief  by the
17    State's Attorney or Attorney General and shall also be guilty
18    of a Class A misdemeanor, and any owner, lessee,  manager  or
19    trustee  convicted  under  this Act shall, in addition to the
20    penalty herein provided, forfeit the license of such theatre,
21    circus, baseball  park,  place  of  public  entertainment  or
22    amusement  so  granted  and  the same shall be revoked by the
23    authorities granting the same.
24        (b)  Tickets sold or offered for sale by a  person,  firm
25    or corporation in violation of Section 1.5 1 1/2  of this Act
26    may  be  confiscated  by  a  court  on motion of the Attorney
27    General, a State's Attorney, the sponsor  of  the  event  for
28    which the tickets are being sold, or the owner or operator of
29    the  facility  at  which  the event is to be held, and may be
30    donated by order of the court to an appropriate  organization
31    as defined under Section 2 of the Charitable Games Act.
32        (c)  The   Attorney  General,  a  State's  Attorney,  the
 
SB745 Engrossed             -1381-             LRB9101253EGfg
 1    sponsor of an event for which tickets are being sold, or  the
 2    owner  or operator of the facility at which an event is to be
 3    held may seek an injunction restraining any person,  firm  or
 4    corporation  from  selling  or  offering  for sale tickets in
 5    violation of the provisions of this  Act.   In  addition,  on
 6    motion  of  the  Attorney  General,  a  State's Attorney, the
 7    sponsor of an event for which tickets are being sold, or  the
 8    owner  or operator of the facility at which an event is to be
 9    held, a court  may  permanently  enjoin  a  person,  firm  or
10    corporation  found  guilty  of violating Section 1.5 1 1/2 of
11    this Act from engaging in the offer or sale of tickets.
12    (Source: P.A. 86-1210; revised 10-31-98.)

13        Section 240.  The Illinois Controlled Substances  Act  is
14    amended  by  changing  Sections  401,  402, 405, and 411.1 as
15    follows:

16        (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
17        Sec. 401.  Except  as  authorized  by  this  Act,  it  is
18    unlawful  for any person knowingly to manufacture or deliver,
19    or  possess  with  intent  to  manufacture  or   deliver,   a
20    controlled  or  counterfeit substance or controlled substance
21    analog.  A violation of this Act with respect to each of  the
22    controlled  substances listed herein constitutes a single and
23    separate  violation  of  this  Act.   For  purposes  of  this
24    Section, "controlled substance analog" or  "analog"  means  a
25    substance which is intended for human consumption, other than
26    a   controlled  substance,  that  has  a  chemical  structure
27    substantially similar to that of a  controlled  substance  in
28    Schedule  I  or  II,  or  that  was  specifically designed to
29    produce  an  effect  substantially  similar  to  that  of   a
30    controlled  substance  in  Schedule  I  or  II.   Examples of
31    chemical classes in which controlled  substance  analogs  are
32    found  include,  but  are  not  limited  to,  the  following:
 
SB745 Engrossed             -1382-             LRB9101253EGfg
 1    phenethylamines,   N-substituted   piperidines,   morphinans,
 2    ecgonines,    quinazolinones,    substituted   indoles,   and
 3    arylcycloalkylamines.  For purposes of this Act, a controlled
 4    substance analog shall be treated in the same manner  as  the
 5    controlled substance to which it is substantially similar.
 6        (a)  Any person who violates this Section with respect to
 7    the following amounts of controlled or counterfeit substances
 8    or  controlled  substance analogs, notwithstanding any of the
 9    provisions of subsections (c), (d), (e), (f), (g) or  (h)  to
10    the  contrary,  is  guilty  of  a Class X felony and shall be
11    sentenced to a term  of  imprisonment  as  provided  in  this
12    subsection (a) and fined as provided in subsection (b):
13             (1) (A)  not  less than 6 years and not more than 30
14             years with respect to 15 grams or more but less than
15             100 grams of a substance containing  heroin,  or  an
16             analog thereof;
17                  (B)  not less than 9 years and not more than 40
18             years  with  respect  to  100 grams or more but less
19             than 400 grams of a substance containing heroin,  or
20             an analog thereof;
21                  (C)  not  less  than 12 years and not more than
22             50 years with respect to 400 grams or more but  less
23             than  900 grams of a substance containing heroin, or
24             an analog thereof;
25                  (D)  not less than 15 years and not  more  than
26             60  years  with  respect to 900 grams or more of any
27             substance containing heroin, or an analog thereof;

28             (2) (A)  not less than 6 years and not more than  30
29             years with respect to 15 grams or more but less than
30             100  grams  of a substance containing cocaine, or an
31             analog thereof;
32                  (B)  not less than 9 years and not more than 40
33             years with respect to 100 grams  or  more  but  less
34             than 400 grams of a substance containing cocaine, or
 
SB745 Engrossed             -1383-             LRB9101253EGfg
 1             an analog thereof;
 2                  (C)  not  less  than 12 years and not more than
 3             50 years with respect to 400 grams or more but  less
 4             than 900 grams of a substance containing cocaine, or
 5             an analog thereof;
 6                  (D)  not  less  than 15 years and not more than
 7             60 years with respect to 900 grams or  more  of  any
 8             substance containing cocaine, or an analog thereof;

 9             (3) (A)  not  less than 6 years and not more than 30
10             years with respect to 15 grams or more but less than
11             100 grams of a substance containing morphine, or  an
12             analog thereof;
13                  (B)  not less than 9 years and not more than 40
14             years  with  respect  to  100 grams or more but less
15             than 400 grams of a substance  containing  morphine,
16             or an analog thereof;
17                  (C)  not  less  than 12 years and not more than
18             50 years with respect to 400 grams or more but  less
19             than  900  grams of a substance containing morphine,
20             or an analog thereof;
21                  (D)  not less than 15 years and not  more  than
22             60  years  with  respect  to  900 grams or more of a
23             substance containing morphine, or an analog thereof;
24             (4)  200 grams or more of any  substance  containing
25        peyote, or an analog thereof;
26             (5)  200 grams or more of any substance containing a
27        derivative  of  barbituric  acid or any of the salts of a
28        derivative of barbituric acid, or an analog thereof;
29             (6)  200 grams or more of any  substance  containing
30        amphetamine   or   any  salt  of  an  optical  isomer  of
31        amphetamine, or an analog thereof;
32             (6.5) (A)  not less than 6 years and not  more  than
33             30  years  with respect to 15 grams or more but less
34             than   100   grams   of   a   substance   containing
 
SB745 Engrossed             -1384-             LRB9101253EGfg
 1             methamphetamine or any salt of an optical isomer  of
 2             methamphetamine, or an analog thereof;
 3                  (B)  not less than 6 years and not more than 40
 4             years  with  respect  to  100 grams or more but less
 5             than   400   grams   of   a   substance   containing
 6             methamphetamine or any salt of an optical isomer  of
 7             methamphetamine, or an analog thereof;
 8                  (C)  not less than 6 years and not more than 50
 9             years  with  respect  to  400 grams or more but less
10             than   900   grams   of   a   substance   containing
11             methamphetamine or any salt of an optical isomer  of
12             methamphetamine, or an analog thereof;
13                  (D)  not less than 6 years and not more than 60
14             years  with  respect  to  900  grams  or more of any
15             substance containing methamphetamine or any salt  of
16             an  optical  isomer of methamphetamine, or an analog
17             thereof.
18             (7) (A)  not less than 6 years and not more than  30
19             years with respect to: (i) 15 grams or more but less
20             than  100  grams  of a substance containing lysergic
21             acid diethylamide (LSD), or an  analog  thereof,  or
22             (ii)  15  or  more  objects or 15 or more segregated
23             parts of an object or  objects  but  less  than  200
24             objects  or  200  segregated  parts  of an object or
25             objects containing in them or having upon  them  any
26             amounts  of  any  substance containing lysergic acid
27             diethylamide (LSD), or an analog thereof;
28                  (B)  not less than 9 years and not more than 40
29             years with respect to: (i) 100  grams  or  more  but
30             less  than  400  grams  of  a  substance  containing
31             lysergic  acid  diethylamide  (LSD),  or  an  analog
32             thereof,  or (ii) 200 or more objects or 200 or more
33             segregated parts of an object or  objects  but  less
34             than  600  objects or less than 600 segregated parts
 
SB745 Engrossed             -1385-             LRB9101253EGfg
 1             of an object or objects containing in them or having
 2             upon them any amount  of  any  substance  containing
 3             lysergic  acid  diethylamide  (LSD),  or  an  analog
 4             thereof;
 5                  (C)  not  less  than 12 years and not more than
 6             50 years with respect to: (i) 400 grams or more  but
 7             less  than  900  grams  of  a  substance  containing
 8             lysergic  acid  diethylamide  (LSD),  or  an  analog
 9             thereof,  or (ii) 600 or more objects or 600 or more
10             segregated parts of an object or  objects  but  less
11             than  1500  objects  or  1500 segregated parts of an
12             object or objects containing in them or having  upon
13             them any amount of any substance containing lysergic
14             acid diethylamide (LSD), or an analog thereof;
15                  (D)  not  less  than 15 years and not more than
16             60 years with respect to: (i) 900 grams or  more  of
17             any  substance containing lysergic acid diethylamide
18             (LSD), or an analog thereof, or (ii)  1500  or  more
19             objects  or  1500  or  more  segregated  parts of an
20             object or objects containing in them or having  upon
21             them  any  amount of a substance containing lysergic
22             acid diethylamide (LSD), or an analog thereof;
23             (8)  30 grams or more of  any  substance  containing
24        pentazocine  or  any  of  the salts, isomers and salts of
25        isomers of pentazocine, or an analog thereof;
26             (9)  30 grams or more of  any  substance  containing
27        methaqualone  or  any  of the salts, isomers and salts of
28        isomers of methaqualone, or an analog thereof;
29             (10)  30  grams   or   more   of    any    substance
30        containing   phencyclidine or any of the  salts,  isomers
31        and  salts  of  isomers  of phencyclidine  (PCP),  or  an
32        analog  thereof;
33             (10.5)  30 grams or more of any substance containing
34        ketamine  or  any  of  the  salts,  isomers  and salts of
 
SB745 Engrossed             -1386-             LRB9101253EGfg
 1        isomers of ketamine, or an analog thereof;
 2             (11)  200 grams or more of any substance  containing
 3        any  other controlled substance classified in Schedules I
 4        or II, or an  analog  thereof,  which  is  not  otherwise
 5        included in this subsection.
 6        (b)  Any  person  sentenced with respect to violations of
 7    paragraph (1), (2), (3), (6.5),  or  (7)  of  subsection  (a)
 8    involving 100 grams or more of the controlled substance named
 9    therein,  may  in addition to the penalties provided therein,
10    be fined an amount not more than $500,000 or the full  street
11    value   of   the   controlled  or  counterfeit  substance  or
12    controlled substance analog, whichever is greater.  The  term
13    "street  value"  shall  have  the meaning ascribed in Section
14    110-5 of the Code of Criminal Procedure of 1963.  Any  person
15    sentenced  with  respect to any other provision of subsection
16    (a), may in addition to the penalties  provided  therein,  be
17    fined an amount not to exceed $500,000.
18        (c)  Any  person who violates this Section with regard to
19    the following amounts of controlled or counterfeit substances
20    or controlled substance analogs, notwithstanding any  of  the
21    provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
22    to the contrary, is guilty of a Class 1 felony.  The fine for
23    violation  of  this  subsection  (c)  shall  not be more than
24    $250,000:
25             (1)  10 or more grams but less than 15 grams of  any
26        substance containing heroin, or an analog thereof;
27             (2)  1  gram  or  more but less than 15 grams of any
28        substance containing cocaine, or an analog thereof;
29             (3)  10 grams or more but less than 15 grams of  any
30        substance containing morphine, or an analog thereof;
31             (4)  50 grams or more but less than 200 grams of any
32        substance containing peyote, or an analog thereof;
33             (5)  50 grams or more but less than 200 grams of any
34        substance  containing  a derivative of barbituric acid or
 
SB745 Engrossed             -1387-             LRB9101253EGfg
 1        any of the salts of a derivative of barbituric  acid,  or
 2        an analog thereof;
 3             (6)  50 grams or more but less than 200 grams of any
 4        substance  containing  amphetamine  or  any  salt  of  an
 5        optical isomer of amphetamine, or an analog thereof;
 6             (6.5)  5 grams or more but less than 15 grams of any
 7        substance  containing  methamphetamine  or  any  salt  or
 8        optical isomer of methamphetamine, or an analog thereof;
 9             (7)  (i)  5  grams or more but less than 15 grams of
10        any  substance  containing  lysergic  acid   diethylamide
11        (LSD), or an analog thereof, or (ii) more than 10 objects
12        or  more than 10 segregated parts of an object or objects
13        but less than 15 objects or less than 15 segregated parts
14        of an object containing in them or having upon  them  any
15        amount   of   any   substance  containing  lysergic  acid
16        diethylamide (LSD), or an analog thereof;
17             (8)  10 grams or more but less than 30 grams of  any
18        substance  containing  pentazocine  or  any of the salts,
19        isomers and salts of isomers of pentazocine, or an analog
20        thereof;
21             (9)  10 grams or more but less than 30 grams of  any
22        substance  containing  methaqualone  or any of the salts,
23        isomers and salts  of  isomers  of  methaqualone,  or  an
24        analog thereof;
25             (10)  10 grams or more but less than 30 grams of any
26        substance  containing  phencyclidine or any of the salts,
27        isomers and salts of isomers of phencyclidine  (PCP),  or
28        an analog thereof;
29             (10.5)  10  grams  or more but less than 30 grams of
30        any substance containing ketamine or any  of  the  salts,
31        isomers  and  salts  of isomers of ketamine, or an analog
32        thereof;
33             (11)  50 grams or more but less than  200  grams  of
34        any   substance  containing  a  substance  classified  in
 
SB745 Engrossed             -1388-             LRB9101253EGfg
 1        Schedules I or II, or an analog  thereof,  which  is  not
 2        otherwise included in this subsection.
 3        (d)  Any  person who violates this Section with regard to
 4    any other amount of a  controlled  or  counterfeit  substance
 5    classified  in Schedules I or II, or an analog thereof, which
 6    is (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD)
 7    or an analog  thereof,  or  (iii)  any  substance  containing
 8    methamphetamine   or   any   salt   or   optical   isomer  of
 9    methamphetamine, or an analog thereof, is guilty of a Class 2
10    felony. The fine for violation of this subsection  (d)  shall
11    not be more than $200,000.
12        (e)  Any  person who violates this Section with regard to
13    any other amount of a  controlled  or  counterfeit  substance
14    classified  in  Schedule I or II, or an analog thereof, which
15    substance is  not  included  under  subsection  (d)  of  this
16    Section,  is  guilty  of  a  Class  3  felony.  The  fine for
17    violation of this subsection  (e)  shall  not  be  more  than
18    $150,000.
19        (f)  Any  person who violates this Section with regard to
20    any other amount of a  controlled  or  counterfeit  substance
21    classified in Schedule III is guilty of a Class 3 felony. The
22    fine  for  violation of this subsection (f) shall not be more
23    than $125,000.
24        (g)  Any person who violates this Section with regard  to
25    any  other  amount  of  a controlled or counterfeit substance
26    classified in Schedule IV is guilty of a Class 3 felony.  The
27    fine  for  violation of this subsection (g) shall not be more
28    than $100,000.
29        (h)  Any person who violates this Section with regard  to
30    any  other  amount  of  a controlled or counterfeit substance
31    classified in Schedule V is guilty of a Class 3  felony.  The
32    fine  for  violation of this subsection (h) shall not be more
33    than $75,000.
34        (i)  This Section does  not  apply  to  the  manufacture,
 
SB745 Engrossed             -1389-             LRB9101253EGfg
 1    possession or distribution of a substance in conformance with
 2    the  provisions  of  an  approved  new drug application or an
 3    exemption for  investigational  use  within  the  meaning  of
 4    Section 505 of the Federal Food, Drug and Cosmetic Act.
 5    (Source:  P.A.  89-404,  eff.  8-20-95; 90-382, eff. 8-15-97;
 6    90-593, eff. 6-19-98; 90-674, eff. 1-1-99; revised 9-16-98.)

 7        (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
 8        Sec. 402.  Except as otherwise authorized by this Act, it
 9    is unlawful for any person knowingly to possess a  controlled
10    or  counterfeit  substance.  A  violation  of  this  Act with
11    respect to each of the controlled  substances  listed  herein
12    constitutes a single and separate violation of this Act.
13        (a)  Any person who violates this Section with respect to
14    the   following  controlled  or  counterfeit  substances  and
15    amounts, notwithstanding any of the provisions of subsections
16     subsection (c) and (d) to the contrary, is guilty of a Class
17    1 felony and shall, if sentenced to a term  of  imprisonment,
18    be  sentenced as provided in this subsection (a) and fined as
19    provided in subsection (b):
20             (1) (A)  not less than 4 years and not more than  15
21             years with respect to 15 grams or more but less than
22             100 grams of a substance containing heroin;
23                  (B)  not less than 6 years and not more than 30
24             years  with  respect  to  100 grams or more but less
25             than 400 grams of a substance containing heroin;
26                  (C)  not less than 8 years and not more than 40
27             years with respect to 400 grams  or  more  but  less
28             than 900 grams of any substance containing heroin;
29                  (D)  not  less  than 10 years and not more than
30             50 years with respect to 900 grams or  more  of  any
31             substance containing heroin;

32             (2) (A)  not  less than 4 years and not more than 15
33             years with respect to 15 grams or more but less than
 
SB745 Engrossed             -1390-             LRB9101253EGfg
 1             100 grams of any substance containing cocaine;
 2                  (B)  not less than 6 years and not more than 30
 3             years with respect to 100 grams  or  more  but  less
 4             than 400 grams of any substance containing cocaine;
 5                  (C)  not less than 8 years and not more than 40
 6             years  with  respect  to  400 grams or more but less
 7             than 900 grams of any substance containing cocaine;
 8                  (D)  not less than 10 years and not  more  than
 9             50  years  with  respect to 900 grams or more of any
10             substance containing cocaine;

11             (3) (A)  not less than 4 years and not more than  15
12             years with respect to 15 grams or more but less than
13             100 grams of any substance containing morphine;
14                  (B)  not less than 6 years and not more than 30
15             years  with  respect  to  100 grams or more but less
16             than 400 grams of any substance containing morphine;
17                  (C)  not less than 8 years and not more than 40
18             years with respect to 400 grams  or  more  but  less
19             than 900 grams of any substance containing morphine;
20                  (D)  not  less  than 10 years and not more than
21             50 years with respect to 900 grams or  more  of  any
22             substance containing morphine;
23             (4)  200  grams  or more of any substance containing
24        peyote;
25             (5)  200 grams or more of any substance containing a
26        derivative of barbituric acid or any of the  salts  of  a
27        derivative of barbituric acid;
28             (6)  200  grams  or more of any substance containing
29        amphetamine  or  any  salt  of  an  optical   isomer   of
30        amphetamine;
31             (6.5)  (A)  not  less than 4 years and not more than
32             15 years with respect to 15 grams or more  but  less
33             than   100   grams   of   a   substance   containing
34             methamphetamine  or any salt of an optical isomer of
 
SB745 Engrossed             -1391-             LRB9101253EGfg
 1             methamphetamine;
 2                  (B)  not less than 6 years and not more than 30
 3             years with respect to 100 grams  or  more  but  less
 4             than   400   grams   of   a   substance   containing
 5             methamphetamine  or any salt of an optical isomer of
 6             methamphetamine;
 7                  (C)  not less than 6 years and not more than 40
 8             years with respect to 400 grams  or  more  but  less
 9             than   900   grams   of   a   substance   containing
10             methamphetamine  or any salt of an optical isomer of
11             methamphetamine;
12                  (D)  not less than 6 years and not more than 50
13             years with respect to  900  grams  or  more  of  any
14             substance  containing methamphetamine or any salt of
15             an optical isomer of methamphetamine;
16             (7) (A)  not less than 4 years and not more than  15
17             years with respect to: (i) 15 grams or more but less
18             than  100 grams of any substance containing lysergic
19             acid diethylamide (LSD), or an  analog  thereof,  or
20             (ii)  15  or  more  objects or 15 or more segregated
21             parts of an object or  objects  but  less  than  200
22             objects  or  200  segregated  parts  of an object or
23             objects containing in them or having upon  them  any
24             amount  of  any  substance  containing lysergic acid
25             diethylamide (LSD), or an analog thereof;
26                  (B)  not less than 6 years and not more than 30
27             years with respect to: (i) 100  grams  or  more  but
28             less  than  400  grams  of  any substance containing
29             lysergic  acid  diethylamide  (LSD),  or  an  analog
30             thereof, or (ii) 200 or more objects or 200 or  more
31             segregated  parts  of  an object or objects but less
32             than 600 objects or less than 600  segregated  parts
33             of an object or objects containing in them or having
34             upon  them  any  amount  of any substance containing
 
SB745 Engrossed             -1392-             LRB9101253EGfg
 1             lysergic  acid  diethylamide  (LSD),  or  an  analog
 2             thereof;
 3                  (C)  not less than 8 years and not more than 40
 4             years with respect to:  (i) 400 grams  or  more  but
 5             less  than  900  grams  of  any substance containing
 6             lysergic  acid  diethylamide  (LSD),  or  an  analog
 7             thereof, or (ii) 600 or more objects or 600 or  more
 8             segregated  parts  of  an object or objects but less
 9             than 1500 objects or 1500  segregated  parts  of  an
10             object  or objects containing in them or having upon
11             them any amount of any substance containing lysergic
12             acid diethylamide (LSD), or an analog thereof;
13                  (D)  not less than 10 years and not  more  than
14             50  years with respect to:  (i) 900 grams or more of
15             any substance containing lysergic acid  diethylamide
16             (LSD),  or  an  analog thereof, or (ii) 1500 or more
17             objects or 1500  or  more  segregated  parts  of  an
18             object  or objects containing in them or having upon
19             them any amount of a substance  containing  lysergic
20             acid diethylamide (LSD), or an analog thereof;
21             (8)  30  grams  or  more of any substance containing
22        pentazocine or any of the salts,  isomers  and  salts  of
23        isomers of pentazocine, or an analog thereof;
24             (9)  30  grams  or  more of any substance containing
25        methaqualone or any of the salts, isomers  and  salts  of
26        isomers of methaqualone;
27             (10)  30  grams  or more of any substance containing
28        phencyclidine or any of the salts, isomers and  salts  of
29        isomers of phencyclidine (PCP);
30             (10.5)  30 grams or more of any substance containing
31        ketamine  or  any  of  the  salts,  isomers  and salts of
32        isomers of ketamine;
33             (11)  200 grams or more of any substance  containing
34        any  substance classified as a narcotic drug in Schedules
 
SB745 Engrossed             -1393-             LRB9101253EGfg
 1        I  or  II   which  is  not  otherwise  included  in  this
 2        subsection.
 3        (b)  Any person sentenced with respect to  violations  of
 4    paragraph  (1),  (2),  (3) or (7) of subsection (a) involving
 5    100 grams or more of the controlled substance named  therein,
 6    may  in  addition to the penalties provided therein, be fined
 7    an amount not to exceed $200,000 or the full street value  of
 8    the   controlled  or  counterfeit  substances,  whichever  is
 9    greater.  The term "street  value"  shall  have  the  meaning
10    ascribed  in  Section 110-5 of the Code of Criminal Procedure
11    of 1963.  Any person sentenced  with  respect  to  any  other
12    provision of subsection (a), may in addition to the penalties
13    provided therein, be fined an amount not to exceed $200,000.
14        (c)  Any  person who violates this Section with regard to
15    an amount of a controlled or counterfeit  substance  not  set
16    forth in subsection (a) or (d) is guilty of a Class 4 felony.
17    The fine for a violation punishable under this subsection (c)
18    shall not be more than $25,000.
19        (d)  Any  person who violates this Section with regard to
20    any amount of  anabolic  steroid  is  guilty  of  a  Class  C
21    misdemeanor  for  the first offense and a Class B misdemeanor
22    for a subsequent offense committed within 2 years of a  prior
23    conviction.
24    (Source:  P.A.  89-404,  eff.  8-20-95; 90-382, eff. 8-15-97;
25    90-384, eff.  1-1-98;  90-593,  eff.  6-19-98;  90-655,  eff.
26    7-30-98; 90-674, eff. 1-1-99; revised 11-4-98.)

27        (720 ILCS 570/405) (from Ch. 56 1/2, par. 1405)
28        Sec.  405.   (a)  Any  person who engages in a calculated
29    criminal drug conspiracy, as defined in  subsection  (b),  is
30    guilty  of  a  Class X felony. The fine for violation of this
31    Section shall not be more than  $500,000,  and  the  offender
32    shall  be subject to the forfeitures prescribed in subsection
33    (c).
 
SB745 Engrossed             -1394-             LRB9101253EGfg
 1        (b)  For purposes of this section, a person engages in  a
 2    calculated criminal drug conspiracy when:
 3             (1)  he violates any of the provisions of subsection
 4          subsections (a) or (c) of Section 401 or subsection (a)
 5        of Section 402; and
 6             (2)  such  violation  is  a  part  of  a  conspiracy
 7        undertaken or carried on with two or more other  persons;
 8        and
 9             (3)  he  obtains anything of value greater than $500
10        from, or organizes, directs or finances such violation or
11        conspiracy.
12        (c)  Any person who is convicted under  this  section  of
13    engaging  in  a  calculated  criminal  drug  conspiracy shall
14    forfeit to the State of Illinois:
15             (1)  the  receipts   obtained   by   him   in   such
16        conspiracy; and
17             (2)  any   of  his  interests  in,  claims  against,
18        receipts  from,  or  property  or  rights  of  any   kind
19        affording a source of influence over, such conspiracy.
20        (d)  The   circuit  court  may  enter  such  injunctions,
21    restraining orders, directions or prohibitions,  or  to  take
22    such  other actions, including the acceptance of satisfactory
23    performance bonds, in connection with  any  property,  claim,
24    receipt,  right or other interest subject to forfeiture under
25    this Section, as it deems proper.
26    (Source: P.A. 87-754; revised 10-31-98.)

27        (720 ILCS 570/411.1) (from Ch. 56 1/2, par. 1411.1)
28        Sec. 411.1.  (a)  Whenever any person pleads  guilty  to,
29    is found guilty of or is placed on supervision for an offense
30    under  this  Article, a fine may be levied in addition to any
31    other penalty imposed by the court.
32        (b)  In determining whether to impose a fine  under  this
33    Section  and  the  amount,  time  for  payment, and method of
 
SB745 Engrossed             -1395-             LRB9101253EGfg
 1    payment of any fine so imposed impose, the court shall:
 2             (1)  consider the defendant's income, regardless  of
 3        source,   the   defendant's   earning  capacity  and  the
 4        defendant's financial resources, as well as the nature of
 5        the burden the fine will impose on the defendant and  any
 6        person   legally   or   financially  dependent  upon  the
 7        defendant;
 8             (2)  consider the proof received at trial, or  as  a
 9        result  of  a  plea of guilty, concerning the full street
10        value of the controlled substances seized and any profits
11        or other proceeds  derived  by  the  defendant  from  the
12        violation of this Act;
13             (3)  take into account any other pertinent equitable
14        considerations; and
15             (4)  give  primary  consideration  to  the  need  to
16        deprive  the  defendant  of illegally obtained profits or
17        other proceeds from the offense.
18        For the purpose of  paragraph  (2)  of  this  subsection,
19    "street  value" shall be determined by the court on the basis
20    of testimony of law enforcement personnel and  the  defendant
21    as to the amount seized and such testimony as may be required
22    by the court as to the current street value of the controlled
23    substances.
24        (c)  As a condition of a fine, the court may require that
25    payment  be  made  in  specified  installments  or  within  a
26    specified  period  of  time,  but  such  period  shall not be
27    greater than the maximum  applicable  term  of  probation  or
28    imprisonment,   whichever   is   greater.   Unless  otherwise
29    specified, payment of a fine shall be due immediately.
30        (d)  If a fine for a violation of this Act is imposed  on
31    an organization, it is the duty of each individual authorized
32    to  make  disbursements  of the assets of the organization to
33    pay the fine from assets of the organization.
34        (e) (1)  A defendant who has  been  sentenced  to  pay  a
 
SB745 Engrossed             -1396-             LRB9101253EGfg
 1    fine,  and  who  has  paid part but not all of such fine, may
 2    petition the court for an extension of the time  for  payment
 3    or modification of the method of payment.
 4        (2)  The court may grant a petition made pursuant to this
 5    subsection if it finds that:
 6             (i)  the circumstances that warranted payment by the
 7        time or method specified no longer exist; or
 8             (ii)  it  is  otherwise unjust to require payment of
 9        the fine by the time or method specified.
10    (Source: P.A. 83-778; revised 10-31-98.)

11        Section 241.   The  Drug  Paraphernalia  Control  Act  is
12    amended by changing Section 4 as follows:

13        (720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
14        Sec. 4.  Exemptions.  This Act shall not apply to:
15        (a)  Items   marketed   for   use   in  the  preparation,
16    compounding, packaging, labeling, or other use of cannabis or
17    a controlled substance as an  incident  to  lawful  research,
18    teaching, or chemical analysis and not for sale.; or
19        (b)  Items  marketed for, or historically and customarily
20    used  in  connection   with,   the   planting,   propagating,
21    cultivating, growing, harvesting, manufacturing, compounding,
22    converting,   producing,   processing,   preparing,  testing,
23    analyzing,  packaging,  repackaging,   storing,   containing,
24    concealing,  injecting,  ingesting, or inhaling of tobacco or
25    any other lawful substance.
26        Items exempt under this subsection include, but  are  not
27    limited  to,  garden  hoes,  rakes, sickles, baggies, tobacco
28    pipes, and cigarette-rolling papers.
29        (c)  Items listed in Section 2 (2) of this Act which  are
30    marketed  for  decorative purposes, when such items have been
31    rendered completely inoperable or incapable of being used for
32    any illicit purpose prohibited by this Act.
 
SB745 Engrossed             -1397-             LRB9101253EGfg
 1        In determining whether or not a particular item is exempt
 2    under this subsection, the trier of fact should consider,  in
 3    addition   to  all  other  logically  relevant  factors,  the
 4    following:
 5             (1)  the general, usual, customary,  and  historical
 6        use to which the item involved has been put;
 7             (2)  expert  evidence  concerning  the  ordinary  or
 8        customary   use  of  the  item  and  the  effect  of  any
 9        peculiarity in the design or engineering  of  the  device
10        upon its functioning;
11             (3)  any   written   instructions  accompanying  the
12        delivery of the item concerning the purposes or  uses  to
13        which the item can or may be put;
14             (4)  any oral instructions provided by the seller of
15        the  item  at  the  time  and place of sale or commercial
16        delivery;
17             (5)  any national or local  advertising,  concerning
18        the  design, purpose or use of the item involved, and the
19        entire context in which such advertising occurs;
20             (6)  the manner, place and  circumstances  in  which
21        the  item  was displayed for sale, as well as any item or
22        items displayed for sale or otherwise exhibited upon  the
23        premises where the sale was made;
24             (7)  whether  the  owner or anyone in control of the
25        object is a legitimate supplier of like or related  items
26        to  the  community,  such  as  a  licensed distributor or
27        dealer of tobacco products;
28             (8)  the existence and scope of legitimate uses  for
29        the object in the community.
30    (Source: P.A. 82-1032; revised 10-31-98.)

31        Section  242.   The  Grain  Coloring  Act  is  amended by
32    changing Section 2 as follows:
 
SB745 Engrossed             -1398-             LRB9101253EGfg
 1        (720 ILCS 625/2) (from Ch. 5, par. 212)
 2        Sec. 2. No person shall offer for sale, or procure to  be
 3    sold, any barley, wheat, or other grain that has, which shall
 4    have  been subjected to such fumigation, or other process, as
 5    provided in Section 1 one  (1)  of  this  Act,  knowing  such
 6    barley, wheat, or other grain to have been so subjected.
 7    (Source: Laws 1877, p. 91; revised 10-31-98.)

 8        Section  243.   The Code of Criminal Procedure of 1963 is
 9    amended by changing Sections 112A-13 and 115-10 as follows:

10        (725 ILCS 5/112A-13) (from Ch. 38, par. 112A-13)
11        Sec. 112A-13.  Continuances.
12        (a)  Petitions  for  Emergency  Orders.   Petitions   for
13    emergency  remedies  shall be granted or denied in accordance
14    with the standards of Section 217 of  the  Illinois  Domestic
15    Violence Act of 1986,  regardless of respondent's presence in
16    court or appearance.
17        (b)  Petitions  for  Interim  and  Plenary  Orders.   Any
18    action for an order of protection is an expedited proceeding.
19    Continuances  should be granted only for good cause shown and
20    kept to the minimum reasonable duration, taking into  account
21    the  reasons  for  the  continuance.   If  the continuance is
22    necessary for some, but not all, of the  remedies  requested,
23    hearing on those other remedies shall not be delayed.
24    (Source: P.A. 84-1305; revised 10-31-98.)

25        (725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
26        Sec. 115-10. Certain hearsay exceptions.
27        (a)  In  a  prosecution  for  a  physical  or  sexual act
28    perpetrated upon or against a child under the age of 13, or a
29    person who was an institutionalized  severely  or  profoundly
30    mentally  retarded person as defined in Section 2-10.1 of the
31    Criminal Code of 1961 at the  time  the  act  was  committed,
 
SB745 Engrossed             -1399-             LRB9101253EGfg
 1    including  but  not limited to prosecutions for violations of
 2    Sections 12-13 through 12-16 of the Criminal Code of 1961 and
 3    prosecutions for violations of  Sections  10-1,  10-2,  10-3,
 4    10-3.1,  10-4,  10-5, 10-6, 10-7, 11-6, 11-9, 11-11, 11-15.1,
 5    11-17.1, 11-18.1, 11-19.1,  11-19.2,  11-20.1,  11-21,  12-1,
 6    12-2,  12-3,  12-3.2,  12-4,  12-4.1, 12-4.2, 12-4.3, 12-4.7,
 7    12-5, 12-6, 12-6.1, 12-7.1,  12-7.3,  12-7.4,  12-10,  12-11,
 8    12-21.5,  12-21.6 and 12-32 of the Criminal Code of 1961, the
 9    following evidence shall be admitted as an exception  to  the
10    hearsay rule:
11             (1)  testimony  by  the  victim  of  an out of court
12        statement made by the victim that he or she complained of
13        such act to another; and
14             (2)  testimony of an out of court statement made  by
15        the victim describing any complaint of such act or matter
16        or detail pertaining to any act which is an element of an
17        offense  which  is  the  subject  of  a prosecution for a
18        sexual or physical act against that victim.

19        (b)  Such testimony shall only be admitted if:
20             (1)  The court finds in a hearing conducted  outside
21        the  presence  of  the  jury  that the time, content, and
22        circumstances  of  the   statement   provide   sufficient
23        safeguards of reliability; and
24             (2)  The  child  or  institutionalized  severely  or
25        profoundly mentally retarded person either:
26                  (A)  testifies at the proceeding; or
27                  (B)  is  unavailable  as a witness and there is
28             corroborative evidence  of  the  act  which  is  the
29             subject of the statement; and
30             (3)  In  a  case  involving  an  offense perpetrated
31        against a child under the age of 13,  the  out  of  court
32        statement was made before the victim attained 13 years of
33        age  or  within  3  months  after  the  commission of the
34        offense, whichever occurs later, but the statement may be
 
SB745 Engrossed             -1400-             LRB9101253EGfg
 1        admitted regardless of the age of the victim at the  time
 2        of the proceeding.
 3        (c)  If a statement is admitted pursuant to this Section,
 4    the  court shall instruct the jury that it is for the jury to
 5    determine  the  weight  and  credibility  to  be  given   the
 6    statement  and  that,  in  making the determination, it shall
 7    consider  the  age  and  maturity  of  the  child,   or   the
 8    intellectual  capabilities  of the institutionalized severely
 9    or profoundly mentally retarded person,  the  nature  of  the
10    statement,  the  circumstances  under which the statement was
11    made, and any other relevant factor.
12        (d)  The  proponent  of  the  statement  shall  give  the
13    adverse party reasonable notice of his intention to offer the
14    statement and the particulars of the statement.
15        (e)  Statements described in paragraphs (1)  and  (2)  of
16    subsection  (a)  shall not be excluded on the basis that they
17    were obtained as a result of interviews conducted pursuant to
18    a protocol adopted by a Child Advocacy Advisory Board as  set
19    forth  in  subsections  (c), (d), and (e) of Section 3 of the
20    Children's Advocacy Center Act  or  that  an  interviewer  or
21    witness  to  the  interview  was or is an employee, agent, or
22    investigator of a State's Attorney's office.
23    (Source: P.A. 90-656,  eff.  7-30-98;  90-786,  eff.  1-1-99;
24    revised 9-16-98.)

25        Section  244.   The Rights of Crime Victims and Witnesses
26    Act is amended by changing Section 5 as follows:

27        (725 ILCS 120/5) (from Ch. 38, par. 1405)
28        Sec. 5.  Rights of Witnesses.
29        (a)  Witnesses as defined in subsection (b) of Section  3
30    of this Act shall have the following rights:
31             (1)  to  be  notified  by  the Office of the State's
32        Attorney of all court proceedings at which  the  witness'
 
SB745 Engrossed             -1401-             LRB9101253EGfg
 1        presence is required in a reasonable amount of time prior
 2        to the proceeding, and to be notified of the cancellation
 3        of  any  scheduled court proceeding in sufficient time to
 4        prevent  an  unnecessary  appearance  in   court,   where
 5        possible;
 6             (2)  to   be   provided  with  appropriate  employer
 7        intercession  services  by  the  Office  of  the  State's
 8        Attorney or the victim advocate personnel to ensure  that
 9        employers  of  witnesses will cooperate with the criminal
10        justice system in order to minimize an employee's loss of
11        pay and other benefits resulting from court appearances;
12             (3)  to be provided,  whenever  possible,  a  secure
13        waiting  area  during  court  proceedings  that  does not
14        require witnesses to be in close proximity to  defendants
15        and their families and friends;
16             (4)  to be provided with notice by the Office of the
17        State's Attorney, where necessary, of the right to have a
18        translator  present  whenever  the  witness'  presence is
19        required.
20        (b)  At the written request of the witness,  the  witness
21    shall:
22             (1)  receive  notice  from the office of the State's
23        Attorney of any request for post-conviction review  filed
24        by  the  defendant  under  Article  122  of  the  Code of
25        Criminal Procedure of 1963, and of the  date,  time,  and
26        place   of   any  hearing  concerning  the  petition  for
27        post-conviction review; whenever possible, notice of  the
28        hearing on the petition shall be given in advance;
29             (2)  receive  notice  by  the releasing authority of
30        the defendant's  discharge  from  State  custody  if  the
31        defendant  was  committed  to  the  Department  of  Human
32        Services  under  Section  5-2-4 or any other provision of
33        the Unified Code of Corrections;
34             (3)  receive notice from the Prisoner  Review  Board
 
SB745 Engrossed             -1402-             LRB9101253EGfg
 1        of  the  prisoner's  escape from State custody, after the
 2        Board has been notified of the escape by  the  Department
 3        of  Corrections;  when  the  escapee  is apprehended, the
 4        Department of Corrections shall  immediately  notify  the
 5        Prisoner  Review  Board  and  the  Board shall notify the
 6        witness;
 7             (4)  receive notice from the Prisoner  Review  Board
 8        of   the   prisoner's   release   on  parole,  electronic
 9        detention, work release or mandatory  supervised  release
10        and  of  the  prisoner's  final  discharge  from  parole,
11        electronic   detention,   work   release,   or  mandatory
12        supervised release.
13    (Source: P.A. 88-489;  88-596,  eff.  8-28-94;  88-677,  eff.
14    12-15-94;  89-235,  eff. 8-4-95; 89-507, eff. 7-1-97; revised
15    10-31-98.)

16        Section 245.  The Pretrial Services  Act  is  amended  by
17    changing Sections 20 and 31 as follows:

18        (725 ILCS 185/20) (from Ch. 38, par. 320)
19        Sec. 20.  In preparing and presenting its written reports
20    under  Sections Section 17 and 19, pretrial services agencies
21    shall in appropriate cases include  specific  recommendations
22    for  the  setting, increase, or decrease of bail; the release
23    of the interviewee on his own recognizance in  sums  certain;
24    and   the  imposition  of  pretrial  conditions  to  bail  or
25    recognizance designed to minimize the risks of nonappearance,
26    the commission of new  offenses  while  awaiting  trial,  and
27    other  potential interference with the orderly administration
28    of justice.  In establishing objective internal  criteria  of
29    any  such  recommendation  policies,  the  agency may utilize
30    so-called "point scales" for  evaluating  the  aforementioned
31    risks,  but  no interviewee shall be considered as ineligible
32    for particular agency recommendations by  sole  reference  to
 
SB745 Engrossed             -1403-             LRB9101253EGfg
 1    such procedures.
 2    (Source: P.A. 84-1449; revised 10-31-98.)

 3        (725 ILCS 185/31) (from Ch. 38, par. 331)
 4        Sec.  31.   Information  and  records  maintained  by the
 5    pretrial services agency which have has not been disclosed in
 6    open court during a court proceeding shall not be released by
 7    the  pretrial  services   agency   to   any   individual   or
 8    organization,  other  than  any  employee  of a Probation and
 9    Court Service Department, without the express  permission  of
10    the  interviewed or supervised person at or near the time the
11    information is to be released.    An  individual  shall  have
12    access  to  all  information  and  records  about  himself or
13    herself maintained by or collected by the  pretrial  services
14    agency.  The  principle  of  confidentiality  shall not bar a
15    pretrial services agency from making its data  available  for
16    research  purposes  to  qualified personnel, provided that no
17    records or other information shall be made available in which
18    individuals interviewed or supervised are identified or  from
19    which their identities are ascertainable.
20    (Source: P.A. 84-1449; revised 10-31-98.)

21        Section 246.  The Sexually Violent Persons Commitment Act
22    is amended by changing Sections 10 and 15  as follows:

23        (725 ILCS 207/10)
24        Sec.  10.   Notice  to  the  Attorney General and State's
25    Attorney.
26        (a)  In this Act, "agency with  jurisdiction"  means  the
27    agency with the authority or duty to release or discharge the
28    person.
29        (b)  If  an  agency  with  jurisdiction  has  control  or
30    custody   over  a  person  who  may  meet  the  criteria  for
31    commitment as a sexually  violent  person,  the  agency  with
 
SB745 Engrossed             -1404-             LRB9101253EGfg
 1    jurisdiction  shall  inform  the  Attorney  General  and  the
 2    State's  Attorney  in  a  position  to  file a petition under
 3    paragraph (a)(2) of Section 15  of  this  Act  regarding  the
 4    person  as  soon  as possible beginning 3 months prior to the
 5    applicable date of the following:
 6             (1)  The anticipated release  from  imprisonment  or
 7        the  anticipated  entry into mandatory supervised release
 8        of a person who has been convicted of a sexually  violent
 9        offense.
10             (2)  The  anticipated  release  from a Department of
11        Corrections    correctional    facility    or    juvenile
12        correctional facility of a person adjudicated  delinquent
13        under Section 5-20 of the Juvenile Court Act of 1987 (now
14        repealed)  or  found  guilty  under Section 5-620 of that
15        Act, on the basis of a sexually violent offense.
16             (3)  The  discharge  or  conditional  release  of  a
17        person who has  been  found  not  guilty  of  a  sexually
18        violent offense by reason of insanity under Section 5-2-4
19        of the Unified Code of Corrections.
20        (c)  The  agency  with  jurisdiction  shall  provide  the
21    Attorney  General  and  the  State's Attorney with all of the
22    following:
23             (1)  The   person's   name,   identifying   factors,
24        anticipated future residence and offense history;
25             (2)  A  comprehensive  evaluation  of  the  person's
26        mental condition, the basis upon  which  a  determination
27        has  been  made  that the person is subject to commitment
28        under subsection (b) of Section 15  of  this  Act  and  a
29        recommendation  for action in furtherance of the purposes
30        of this Act; and
31             (3)  If applicable, documentation of  any  treatment
32        and   the   person's   adjustment  to  any  institutional
33        placement.
34        (d)  Any agency or  officer,  employee  or  agent  of  an
 
SB745 Engrossed             -1405-             LRB9101253EGfg
 1    agency  is  immune  from  criminal or civil liability for any
 2    acts or omissions as the result of a  good  faith  effort  to
 3    comply with this Section.
 4    (Source:  P.A.  90-40,  eff.  1-1-98;  90-793,  eff. 8-14-98;
 5    revised 8-26-98.)

 6        (725 ILCS 207/15)
 7        Sec. 15.  Sexually  violent  person  petition;  contents;
 8    filing.
 9        (a)  A  petition  alleging  that  a  person is a sexually
10    violent person may be filed by:
11             (1)  The Attorney General, at  the  request  of  the
12        agency  with  jurisdiction over the person, as defined in
13        subsection (a) of Section 10 of this Act, or  on  his  or
14        her   own   motion.    If  the  Attorney  General,  after
15        consulting with and advising the State's Attorney of  the
16        county  referenced  in  paragraph (a)(2) of this Section,
17        decides to file a petition under this Section, he or  she
18        shall file the petition before the date of the release or
19        discharge  of  the  person or within 30 days of placement
20        onto  parole  or  mandatory  supervised  release  for  an
21        offense enumerated in paragraph (e) of Section 5 of  this
22        Act.
23             (2)  If   the  Attorney  General  does  not  file  a
24        petition under this Section, the State's Attorney of  the
25        county  in  which  the person was convicted of a sexually
26        violent offense, adjudicated delinquent  for  a  sexually
27        violent offense or found not guilty of or not responsible
28        for  a  sexually  violent  offense by reason of insanity,
29        mental disease, or mental defect may file a petition.
30             (3)  The Attorney General and the  State's  Attorney
31        referenced in paragraph (a)(2) of this Section jointly.
32        (b)  A  petition  filed  under  this Section shall allege
33    that all of the following apply to the person alleged to be a
 
SB745 Engrossed             -1406-             LRB9101253EGfg
 1    sexually violent person:
 2             (1)  The  person  satisfies  any  of  the  following
 3        criteria:
 4                  (A)  The  person  has  been  convicted   of   a
 5             sexually violent offense;
 6                  (B)  The person has been found delinquent for a
 7             sexually violent offense; or
 8                  (C)  The  person has been found not guilty of a
 9             sexually violent  offense  by  reason  of  insanity,
10             mental disease, or mental defect.
11             (2)  The  person  is  within 90 days of discharge or
12        entry into mandatory supervised release from a Department
13        of Corrections correctional facility for a sentence  that
14        was  imposed  upon  a  conviction  for a sexually violent
15        offense  or  for  a  sentence  that   is   being   served
16        concurrently  or  consecutively  with  a sexually violent
17        offense or is within the initial 30 days of the  person's
18        entry  date  into parole or mandatory supervised release;
19        or
20             (3)  The person is within 90 days  of  discharge  or
21        release   from   a  Department  of  Corrections  juvenile
22        correctional facility, if the person was  placed  in  the
23        facility  for  being adjudicated delinquent under Section
24        5-20 of the Juvenile Court Act of 1987 (now repealed)  or
25        found  guilty  under  Section  5-620  of that Act, on the
26        basis of a sexually violent offense or from a  commitment
27        order  that was entered as a result of a sexually violent
28        offense.
29             (4)  The person has a mental disorder.
30             (5)  The person is dangerous to others  because  the
31        person's    mental   disorder   creates   a   substantial
32        probability that he or she will engage in acts of  sexual
33        violence.
34        (c)  A petition filed under this Section shall state with
 
SB745 Engrossed             -1407-             LRB9101253EGfg
 1    particularity  essential facts to establish probable cause to
 2    believe the person is a  sexually  violent  person.   If  the
 3    petition  alleges that a sexually violent offense or act that
 4    is a basis for the allegation under paragraph (b)(1) of  this
 5    Section  was  an  act that was sexually motivated as provided
 6    under paragraph (e)(2) of Section 5 of this Act, the petition
 7    shall state the grounds  on  which  the  offense  or  act  is
 8    alleged to be sexually motivated.
 9        (d)  A  petition  under  this  Section  shall be filed in
10    either of the following:
11             (1)  The circuit court for the county in  which  the
12        person  was  convicted  of  a  sexually  violent offense,
13        adjudicated delinquent for a sexually violent offense  or
14        found  not guilty of a sexually violent offense by reason
15        of insanity, mental disease or mental defect.
16             (2)  The circuit court for the county in  which  the
17        person  is  in custody under a sentence, a placement to a
18        Department  of  Corrections  correctional   facility   or
19        juvenile correctional facility, or a commitment order.
20    (Source:  P.A.  90-40,  eff.  1-1-98;  90-793,  eff. 8-14-98;
21    revised 8-26-98.)

22        Section 247.  The Unified Code of Corrections is  amended
23    by  changing  Sections  3-2-2,  3-6-3, 3-6-3.1, 5-4-1, 5-5-3,
24    5-5-3.1, 5-5-3.2, 5-6-1, 5-7-6, and 5-8A-4 as follows:

25        (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
26        Sec. 3-2-2.  Powers and Duties of the Department.
27        (1)  In   addition   to   the    powers,    duties    and
28    responsibilities  which  are  otherwise  provided by law, the
29    Department shall have the following powers:
30             (a)  To accept persons committed to it by the courts
31        of  this  State  for   care,   custody,   treatment   and
32        rehabilitation.
 
SB745 Engrossed             -1408-             LRB9101253EGfg
 1             (b)  To   develop   and   maintain   reception   and
 2        evaluation  units  for  purposes of analyzing the custody
 3        and rehabilitation needs of persons committed to  it  and
 4        to assign such persons to institutions and programs under
 5        its   control  or  transfer  them  to  other  appropriate
 6        agencies.   In  consultation  with  the   Department   of
 7        Alcoholism  and  Substance  Abuse  (now the Department of
 8        Human Services),  the  Department  of  Corrections  shall
 9        develop a master plan for the screening and evaluation of
10        persons committed to its custody who have alcohol or drug
11        abuse  problems,  and  for  making  appropriate treatment
12        available to such persons; the Department shall report to
13        the General Assembly on such plan not later than April 1,
14        1987.  The maintenance and implementation  of  such  plan
15        shall be contingent upon the availability of funds.
16             (b-5)  To   develop,   in   consultation   with  the
17        Department of State Police, a program  for  tracking  and
18        evaluating  each  inmate  from commitment through release
19        for recording his or her gang  affiliations,  activities,
20        or ranks.
21             (c)  To    maintain   and   administer   all   State
22        correctional  institutions  and  facilities   under   its
23        control and to establish new ones as needed.  Pursuant to
24        its  power  to establish new institutions and facilities,
25        the Department may, with  the  written  approval  of  the
26        Governor,  authorize the Department of Central Management
27        Services to enter into an agreement of the type described
28        in  subsection  (d)  of  Section  67.02  of   the   Civil
29        Administrative  Code  of  Illinois.  The Department shall
30        designate those institutions which shall  constitute  the
31        State Penitentiary System.
32             Pursuant  to its power to establish new institutions
33        and  facilities,  the  Department   may   authorize   the
34        Department  of Central Management Services to accept bids
 
SB745 Engrossed             -1409-             LRB9101253EGfg
 1        from counties and municipalities  for  the  construction,
 2        remodeling  or  conversion of a structure to be leased to
 3        the Department of Corrections for  the  purposes  of  its
 4        serving  as a correctional institution or facility.  Such
 5        construction, remodeling or conversion  may  be  financed
 6        with  revenue  bonds  issued  pursuant  to the Industrial
 7        Building Revenue Bond Act by the municipality or  county.
 8        The  lease  specified in a bid shall be for a term of not
 9        less than the time needed to  retire  any  revenue  bonds
10        used  to finance the project, but not to exceed 40 years.
11        The lease may grant to the State the option  to  purchase
12        the structure outright.
13             Upon receipt of the bids, the Department may certify
14        one or more of the bids and shall submit any such bids to
15        the  General  Assembly  for approval.  Upon approval of a
16        bid by a constitutional majority of both  houses  of  the
17        General  Assembly,  pursuant  to  joint  resolution,  the
18        Department  of Central Management Services may enter into
19        an agreement with the county or municipality pursuant  to
20        such bid.
21             (c-5)  To   build  and  maintain  regional  juvenile
22        detention centers  and  to  charge  a  per  diem  to  the
23        counties  as  established by the Department to defray the
24        costs of  housing  each  minor  in  a  center.   In  this
25        subsection  (c-5),  "juvenile  detention  center" means a
26        facility to house minors during  pendency  of  trial  who
27        have been transferred from proceedings under the Juvenile
28        Court Act of 1987 to prosecutions under the criminal laws
29        of  this  State  in  accordance with Section 5-805 of the
30        Juvenile Court Act of 1987, whether the transfer  was  by
31        operation  of  law or permissive under that Section.  The
32        Department shall designate the counties to be  served  by
33        each regional juvenile detention center.
34             (d)  To  develop  and  maintain programs of control,
 
SB745 Engrossed             -1410-             LRB9101253EGfg
 1        rehabilitation and employment of committed persons within
 2        its institutions.
 3             (e)  To  establish  a  system  of  supervision   and
 4        guidance of committed persons in the community.
 5             (f)  To establish in cooperation with the Department
 6        of  Transportation  to  supply  a  sufficient  number  of
 7        prisoners  for use by the Department of Transportation to
 8        clean up the  trash  and  garbage  along  State,  county,
 9        township,  or  municipal  highways  as  designated by the
10        Department  of   Transportation.    The   Department   of
11        Corrections,   at   the  request  of  the  Department  of
12        Transportation, shall furnish  such  prisoners  at  least
13        annually  for  a  period  to  be  agreed upon between the
14        Director   of   Corrections   and   the    Director    of
15        Transportation.  The prisoners used on this program shall
16        be  selected  by  the Director of Corrections on whatever
17        basis he deems proper in  consideration  of  their  term,
18        behavior  and  earned  eligibility to participate in such
19        program - where  they  will  be  outside  of  the  prison
20        facility  but  still  in the custody of the Department of
21        Corrections.  Prisoners convicted of first degree murder,
22        or a Class X felony, or  armed  violence,  or  aggravated
23        kidnapping,    or  criminal  sexual  assault,  aggravated
24        criminal sexual abuse  or  a  subsequent  conviction  for
25        criminal  sexual  abuse, or forcible detention, or arson,
26        or a prisoner adjudged a Habitual Criminal shall  not  be
27        eligible  for  selection  to participate in such program.
28        The prisoners shall remain as prisoners in the custody of
29        the Department of Corrections and such  Department  shall
30        furnish whatever security is necessary. The Department of
31        Transportation shall furnish trucks and equipment for the
32        highway  cleanup  program  and personnel to supervise and
33        direct the program. Neither the Department of Corrections
34        nor the Department of Transportation  shall  replace  any
 
SB745 Engrossed             -1411-             LRB9101253EGfg
 1        regular employee with a prisoner.
 2             (g)  To  maintain records of persons committed to it
 3        and to establish programs  of  research,  statistics  and
 4        planning.
 5             (h)  To  investigate  the  grievances  of any person
 6        committed to the Department, to inquire into any  alleged
 7        misconduct  by  employees  or  committed  persons, and to
 8        investigate the assets of committed persons to  implement
 9        Section 3-7-6 of this Code; and for these purposes it may
10        issue  subpoenas  and  compel the attendance of witnesses
11        and the  production  of  writings  and  papers,  and  may
12        examine  under  oath  any witnesses who may appear before
13        it; to also investigate alleged violations of a parolee's
14        or releasee's conditions of parole or  release;  and  for
15        this  purpose  it  may  issue  subpoenas  and  compel the
16        attendance of witnesses and the production  of  documents
17        only  if  there is reason to believe that such procedures
18        would  provide  evidence  that   such   violations   have
19        occurred.
20             If  any person fails to obey a subpoena issued under
21        this subsection, the Director may apply  to  any  circuit
22        court  to  secure  compliance  with  the  subpoena.   The
23        failure  to  comply with the order of the court issued in
24        response thereto  shall  be  punishable  as  contempt  of
25        court.
26             (i)  To  appoint and remove the chief administrative
27        officers,  and  administer  programs  of   training   and
28        development  of  personnel  of  the Department. Personnel
29        assigned by the Department  to  be  responsible  for  the
30        custody   and   control   of   committed  persons  or  to
31        investigate the alleged misconduct of  committed  persons
32        or  employees  or  alleged  violations  of a parolee's or
33        releasee's conditions of parole shall be conservators  of
34        the  peace  for  those  purposes, and shall have the full
 
SB745 Engrossed             -1412-             LRB9101253EGfg
 1        power of peace officers outside of the facilities of  the
 2        Department   in  the  protection,  arrest,  retaking  and
 3        reconfining of committed persons or where the exercise of
 4        such power is necessary  to  the  investigation  of  such
 5        misconduct or violations.
 6             (j)  To   cooperate   with   other  departments  and
 7        agencies and with local communities for  the  development
 8        of   standards   and  programs  for  better  correctional
 9        services in this State.
10             (k)  To administer all moneys and properties of  the
11        Department.
12             (l)  To  report  annually  to  the  Governor  on the
13        committed  persons,  institutions  and  programs  of  the
14        Department.
15             (l-5)  In  a  confidential  annual  report  to   the
16        Governor,  the Department shall identify all inmate gangs
17        by specifying each current gang's  name,  population  and
18        allied  gangs.   The Department shall further specify the
19        number of top leaders identified by  the  Department  for
20        each gang during the past year, and the measures taken by
21        the  Department  to segregate each leader from his or her
22        gang and allied  gangs.   The  Department  shall  further
23        report  the  current  status  of  leaders  identified and
24        segregated in previous years.  All leaders  described  in
25        the  report shall be identified by inmate number or other
26        designation   to   enable   tracking,    auditing,    and
27        verification  without revealing the names of the leaders.
28        Because this report contains law enforcement intelligence
29        information collected by the Department,  the  report  is
30        confidential and not subject to public disclosure.
31             (m)  To  make all rules and regulations and exercise
32        all powers and duties vested by law in the Department.
33             (n)  To  establish   rules   and   regulations   for
34        administering   a   system   of   good  conduct  credits,
 
SB745 Engrossed             -1413-             LRB9101253EGfg
 1        established in accordance with Section 3-6-3, subject  to
 2        review by the Prisoner Review Board.
 3             (o)  To  administer  the  distribution of funds from
 4        the State Treasury  to  reimburse  counties  where  State
 5        penal   institutions  are  located  for  the  payment  of
 6        assistant  state's  attorneys'  salaries  under   Section
 7        4-2001 of the Counties Code.
 8             (p)  To  exchange information with the Department of
 9        Human Services and the Illinois Department of Public  Aid
10        for  the purpose of verifying living arrangements and for
11        other purposes directly connected with the administration
12        of this Code and the Illinois Public Aid Code.
13             (q)  To establish a diversion program.
14             The program shall provide a  structured  environment
15        for  selected  technical  parole  or mandatory supervised
16        release violators and committed persons who have violated
17        the rules governing their conduct while in work  release.
18        This  program  shall  not apply to those persons who have
19        committed a  new  offense  while  serving  on  parole  or
20        mandatory  supervised  release or while committed to work
21        release.
22             Elements of the program shall include, but shall not
23        be limited to, the following:
24                  (1)  The staff of a  diversion  facility  shall
25             provide  supervision  in  accordance  with  required
26             objectives set by the facility.
27                  (2)  Participants shall be required to maintain
28             employment.
29                  (3)  Each  participant  shall  pay for room and
30             board at  the  facility  on  a  sliding-scale  basis
31             according to the participant's income.
32                  (4)  Each participant shall:
33                       (A)  provide  restitution  to  victims  in
34                  accordance with any court order;
 
SB745 Engrossed             -1414-             LRB9101253EGfg
 1                       (B)  provide   financial  support  to  his
 2                  dependents; and
 3                       (C)  make appropriate payments toward  any
 4                  other court-ordered obligations.
 5                  (5)  Each  participant shall complete community
 6             service in addition to employment.
 7                  (6)  Participants  shall  take  part  in   such
 8             counseling,  educational  and  other programs as the
 9             Department may deem appropriate.
10                  (7)  Participants  shall  submit  to  drug  and
11             alcohol screening.
12                  (8)  The  Department  shall  promulgate   rules
13             governing the administration of the program.
14             (r)  To  enter  into  intergovernmental  cooperation
15        agreements  under  which  persons  in  the custody of the
16        Department   may   participate   in   a   county   impact
17        incarceration program established under Section 3-6038 or
18        3-15003.5 of the Counties Code.
19             (r-5)  To enter into  intergovernmental  cooperation
20        agreements  under which minors adjudicated delinquent and
21        committed to  the  Department  of  Corrections,  Juvenile
22        Division,  may  participate  in  a county juvenile impact
23        incarceration program established under Section 3-6039 of
24        the Counties Code.
25             (r-10)  To  systematically  and  routinely  identify
26        with  respect  to  each  streetgang  active  within   the
27        correctional  system:  (1)  each  active  gang; (2) every
28        existing inter-gang affiliation or alliance; and (3)  the
29        current  leaders  in  each  gang.   The  Department shall
30        promptly segregate leaders from  inmates  who  belong  to
31        their  gangs  and  allied  gangs.   "Segregate"  means no
32        physical contact and, to the extent  possible  under  the
33        conditions   and  space  available  at  the  correctional
34        facility, prohibition of visual and sound  communication.
 
SB745 Engrossed             -1415-             LRB9101253EGfg
 1        For  the  purposes  of  this  paragraph (r-10), "leaders"
 2        means persons who:
 3                  (i)  are members of a criminal streetgang;
 4                  (ii)  with respect to other individuals  within
 5             the  streetgang,  occupy  a  position  of organizer,
 6             supervisor,  or  other  position  of  management  or
 7             leadership; and
 8                  (iii)  are actively and personally  engaged  in
 9             directing,   ordering,  authorizing,  or  requesting
10             commission of criminal acts  by  others,  which  are
11             punishable as a felony, in furtherance of streetgang
12             related  activity  both  within  and  outside of the
13             Department of Corrections.
14        "Streetgang", "gang", and "streetgang related"  have  the
15        meanings  ascribed  to them in Section 10 of the Illinois
16        Streetgang Terrorism Omnibus Prevention Act.
17             (s)  To    operate    a    super-maximum    security
18        institution, in order to manage and supervise inmates who
19        are disruptive or dangerous and provide  for  the  safety
20        and security of the staff and the other inmates.
21             (t)  To monitor any unprivileged conversation or any
22        unprivileged  communication,  whether  in  person  or  by
23        mail, telephone, or other means, between an  inmate  who,
24        before  commitment  to the Department, was a member of an
25        organized gang and any other person without the  need  to
26        show cause or satisfy any other requirement of law before
27        beginning  the  monitoring,  except  as  constitutionally
28        required. The monitoring may be by video, voice, or other
29        method  of  recording  or by any other means.  As used in
30        this subdivision (1)(t), "organized gang" has the meaning
31        ascribed to it in Section 10 of the  Illinois  Streetgang
32        Terrorism Omnibus Prevention Act.
33             As  used  in  this subdivision (1)(t), "unprivileged
34        conversation" or  "unprivileged  communication"  means  a
 
SB745 Engrossed             -1416-             LRB9101253EGfg
 1        conversation  or  communication  that is not protected by
 2        any privilege recognized by law or by decision, rule,  or
 3        order of the Illinois Supreme Court.
 4             (u)  To   establish   a   Women's   and   Children's
 5        Pre-release Community Supervision Program for the purpose
 6        of  providing  housing  and  services  to eligible female
 7        inmates, as  determined  by  the  Department,  and  their
 8        newborn and young children.
 9             (v)  To do all other acts necessary to carry out the
10        provisions of this Chapter.
11        (2)  The  Department  of  Corrections shall by January 1,
12    1998, consider building and operating a correctional facility
13    within 100 miles of a county of over  2,000,000  inhabitants,
14    especially a facility designed to house juvenile participants
15    in the impact incarceration program.
16    (Source:  P.A.  89-110,  eff.  1-1-96;  89-302, eff. 8-11-95;
17    89-312, eff. 8-11-95;  89-390,  eff.  8-20-95;  89-507,  eff.
18    7-1-97;  89-626,  eff.  8-9-96;  89-688, eff. 6-1-97; 89-689,
19    eff. 12-31-96;  90-14,  eff.  7-1-97;  90-590,  eff.  1-1-99;
20    90-658, eff. 1-1-99; revised 9-16-98.)

21        (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
22        Sec. 3-6-3.  Rules and Regulations for Early Release.
23             (a)(1)  The    Department   of   Corrections   shall
24        prescribe rules and regulations for the early release  on
25        account  of  good  conduct  of  persons  committed to the
26        Department which  shall  be  subject  to  review  by  the
27        Prisoner Review Board.
28             (2)  The  rules  and  regulations  on  early release
29        shall provide, with respect to offenses committed  on  or
30        after June 19, 1998 the effective date of this amendatory
31        Act of 1998, the following:
32                  (i)  that  a  prisoner who is serving a term of
33             imprisonment for first degree murder  shall  receive
 
SB745 Engrossed             -1417-             LRB9101253EGfg
 1             no  good  conduct  credit and shall serve the entire
 2             sentence imposed by the court;
 3                  (ii)  that a prisoner serving  a  sentence  for
 4             attempt  to commit first degree murder, solicitation
 5             of  murder,  solicitation  of   murder   for   hire,
 6             intentional  homicide  of an unborn child, predatory
 7             criminal  sexual  assault  of  a  child,  aggravated
 8             criminal sexual assault,  criminal  sexual  assault,
 9             aggravated  kidnapping,   aggravated  battery with a
10             firearm, heinous battery, aggravated  battery  of  a
11             senior  citizen,  or  aggravated  battery of a child
12             shall receive no more than 4.5 days of good  conduct
13             credit  for  each  month  of  his or her sentence of
14             imprisonment; and
15                  (iii)  that a prisoner serving a  sentence  for
16             home  invasion,  armed robbery, aggravated vehicular
17             hijacking, aggravated discharge  of  a  firearm,  or
18             armed  violence with a category I weapon or category
19             II weapon, when the court has  made  and  entered  a
20             finding,  pursuant  to  subsection  (c-1) of Section
21             5-4-1 of this Code,  that  the  conduct  leading  to
22             conviction  for  the  enumerated offense resulted in
23             great bodily harm to a victim, shall receive no more
24             than 4.5 days of good conduct credit for each  month
25             of his or her sentence of imprisonment.
26             (2.1)  For all offenses, other than those enumerated
27        in subdivision (a)(2) committed on or after June 19, 1998
28          the  effective date of this amendatory Act of 1998, and
29        other than the offense of reckless homicide as defined in
30        subsection (e) of Section 9-3 of  the  Criminal  Code  of
31        1961 committed on or after January 1, 1999, the rules and
32        regulations  shall provide that a prisoner who is serving
33        a term of imprisonment shall  receive  one  day  of  good
34        conduct  credit  for  each  day of his or her sentence of
 
SB745 Engrossed             -1418-             LRB9101253EGfg
 1        imprisonment or recommitment under  Section  3-3-9.  Each
 2        day  of  good  conduct credit shall reduce by one day the
 3        prisoner's period of imprisonment or  recommitment  under
 4        Section 3-3-9.
 5             (2.2)  A  prisoner  serving  a  term of natural life
 6        imprisonment or a prisoner  who  has  been  sentenced  to
 7        death shall receive no good conduct credit.
 8             (2.3)  The  rules  and  regulations on early release
 9        shall provide that a prisoner who is serving  a  sentence
10        for  reckless  homicide  as  defined in subsection (e) of
11        Section 9-3 of the Criminal Code of 1961 committed on  or
12        after January 1, 1999 shall receive no more than 4.5 days
13        of  good  conduct  credit  for  each  month of his or her
14        sentence of imprisonment.
15             (3)  The rules and regulations  shall  also  provide
16        that  the  Director  may  award up to 180 days additional
17        good conduct credit for meritorious service  in  specific
18        instances  as  the  Director deems proper; except that no
19        more than 90 days of good conduct credit for  meritorious
20        service shall be awarded to any prisoner who is serving a
21        sentence  for conviction of first degree murder, reckless
22        homicide while under the  influence  of  alcohol  or  any
23        other  drug, aggravated kidnapping, kidnapping, predatory
24        criminal sexual assault of a child,  aggravated  criminal
25        sexual  assault,  criminal sexual assault, deviate sexual
26        assault, aggravated  criminal  sexual  abuse,  aggravated
27        indecent  liberties with a child, indecent liberties with
28        a child, child pornography, heinous  battery,  aggravated
29        battery  of a spouse, aggravated battery of a spouse with
30        a  firearm,  stalking,  aggravated  stalking,  aggravated
31        battery of a child, endangering the life or health  of  a
32        child,  cruelty  to  a  child,  or narcotic racketeering.
33        Notwithstanding the foregoing, good  conduct  credit  for
34        meritorious service shall not be awarded on a sentence of
 
SB745 Engrossed             -1419-             LRB9101253EGfg
 1        imprisonment  imposed  for  conviction of: (i) one of the
 2        offenses  enumerated  in  subdivision  (a)(2)  when   the
 3        offense  is  committed  on or after June 19, 1998 or (ii)
 4        reckless homicide as defined in subsection (e) of Section
 5        9-3 of the Criminal Code of  1961  when  the  offense  is
 6        committed  on or after January 1, 1999 the effective date
 7        of this amendatory Act of 1998.
 8             (4)  The rules and regulations  shall  also  provide
 9        that  the  good  conduct  credit accumulated and retained
10        under paragraph (2.1) of subsection (a) of  this  Section
11        by  any  inmate  during specific periods of time in which
12        such inmate  is  engaged  full-time  in  substance  abuse
13        programs,    correctional    industry   assignments,   or
14        educational programs provided  by  the  Department  under
15        this  paragraph  (4)  and  satisfactorily  completes  the
16        assigned  program  as  determined by the standards of the
17        Department, shall be multiplied by a factor of  1.25  for
18        program participation before August 11, 1993 and 1.50 for
19        program participation on or after that date.  However, no
20        inmate  shall be eligible for the additional good conduct
21        credit under this paragraph (4) while assigned to a  boot
22        camp,  mental health unit, or electronic detention, or if
23        convicted of an offense enumerated in paragraph (a)(2) of
24        this Section that is committed on or after June 19, 1998
25        the effective date of this amendatory Act of 1998, or  if
26        convicted  of  reckless homicide as defined in subsection
27        (e) of Section 9-3 of the Criminal Code of  1961  if  the
28        offense  is  committed  on  or  after January 1, 1999, or
29        first degree murder, a Class X  felony,  criminal  sexual
30        assault,   felony   criminal   sexual  abuse,  aggravated
31        criminal sexual abuse, aggravated battery with a firearm,
32        or any predecessor or successor offenses with the same or
33        substantially the same elements, or any inchoate offenses
34        relating to the foregoing offenses.  No inmate  shall  be
 
SB745 Engrossed             -1420-             LRB9101253EGfg
 1        eligible  for  the  additional  good conduct credit under
 2        this  paragraph  (4)  who  (i)  has  previously  received
 3        increased good conduct credit under  this  paragraph  (4)
 4        and  has subsequently been convicted of a felony, or (ii)
 5        has previously served more than  one  prior  sentence  of
 6        imprisonment  for  a  felony  in  an  adult  correctional
 7        facility.
 8             Educational,   vocational,   substance   abuse   and
 9        correctional  industry  programs under which good conduct
10        credit may be increased under this paragraph (4) shall be
11        evaluated by the Department on the  basis  of  documented
12        standards.   The  Department  shall report the results of
13        these  evaluations  to  the  Governor  and  the   General
14        Assembly  by  September  30th  of each year.  The reports
15        shall include data relating to the recidivism rate  among
16        program participants.
17             Availability  of  these programs shall be subject to
18        the  limits  of  fiscal  resources  appropriated  by  the
19        General Assembly for these  purposes.   Eligible  inmates
20        who  are  denied immediate admission shall be placed on a
21        waiting  list   under   criteria   established   by   the
22        Department. The inability of any inmate to become engaged
23        in  any  such  programs by reason of insufficient program
24        resources or for any other reason established  under  the
25        rules  and  regulations  of  the  Department shall not be
26        deemed a cause of action under which  the  Department  or
27        any  employee  or agent of the Department shall be liable
28        for damages to the inmate.
29             (5)  Whenever  the  Department  is  to  release  any
30        inmate earlier than it otherwise would because of a grant
31        of good conduct credit for meritorious service  given  at
32        any  time  during  the  term,  the  Department shall give
33        reasonable advance notice of the impending release to the
34        State's Attorney of the county where the  prosecution  of
 
SB745 Engrossed             -1421-             LRB9101253EGfg
 1        the inmate took place.
 2        (b)  Whenever  a  person  is  or has been committed under
 3    several convictions, with separate sentences,  the  sentences
 4    shall  be  construed  under  Section  5-8-4  in  granting and
 5    forfeiting of good time.
 6        (c)  The Department shall prescribe rules and regulations
 7    for revoking good conduct credit, or suspending  or  reducing
 8    the  rate of accumulation of good conduct credit for specific
 9    rule  violations,  during  imprisonment.   These  rules   and
10    regulations  shall  provide  that  no inmate may be penalized
11    more than one  year  of  good  conduct  credit  for  any  one
12    infraction.
13        When  the  Department  seeks to revoke, suspend or reduce
14    the rate of accumulation of any good conduct credits  for  an
15    alleged  infraction  of  its  rules,  it  shall bring charges
16    therefor against the prisoner sought to  be  so  deprived  of
17    good  conduct  credits  before  the  Prisoner Review Board as
18    provided in subparagraph (a)(4)  of  Section  3-3-2  of  this
19    Code,  if  the  amount  of credit at issue exceeds 30 days or
20    when during any 12 month period,  the  cumulative  amount  of
21    credit revoked exceeds 30 days except where the infraction is
22    committed  or discovered within 60 days of scheduled release.
23    In those cases, the Department of Corrections may  revoke  up
24    to 30 days of good conduct credit. The Board may subsequently
25    approve  the revocation of additional good conduct credit, if
26    the Department seeks to revoke good conduct credit in  excess
27    of  30  days.   However,  the Board shall not be empowered to
28    review the Department's decision with respect to the loss  of
29    30  days  of good conduct credit within any calendar year for
30    any prisoner or to increase any  penalty  beyond  the  length
31    requested by the Department.
32        The   Director  of  the  Department  of  Corrections,  in
33    appropriate cases, may restore up to  30  days  good  conduct
34    credits  which  have  been revoked, suspended or reduced. Any
 
SB745 Engrossed             -1422-             LRB9101253EGfg
 1    restoration of good conduct credits  in  excess  of  30  days
 2    shall  be  subject  to  review  by the Prisoner Review Board.
 3    However, the Board may not restore  good  conduct  credit  in
 4    excess of the amount requested by the Director.
 5        Nothing  contained  in  this  Section  shall prohibit the
 6    Prisoner Review Board  from  ordering,  pursuant  to  Section
 7    3-3-9(a)(3)(i)(B),  that  a  prisoner serve up to one year of
 8    the sentence imposed by the court that was not served due  to
 9    the accumulation of good conduct credit.
10        (d)  If  a  lawsuit is filed by a prisoner in an Illinois
11    or  federal  court  against  the  State,  the  Department  of
12    Corrections, or the Prisoner Review Board, or against any  of
13    their  officers  or employees, and the court makes a specific
14    finding that a pleading, motion, or other paper filed by  the
15    prisoner  is  frivolous,  the Department of Corrections shall
16    conduct a hearing to revoke up to 180 days  of  good  conduct
17    credit  by bringing charges against the prisoner sought to be
18    deprived of the good  conduct  credits  before  the  Prisoner
19    Review  Board  as  provided in subparagraph (a)(8) of Section
20    3-3-2 of this Code. If the prisoner has not  accumulated  180
21    days  of good conduct credit at the time of the finding, then
22    the Prisoner Review Board may revoke all good conduct  credit
23    accumulated by the prisoner.
24        For purposes of this subsection (d):
25             (1)  "Frivolous"  means  that a pleading, motion, or
26        other filing which purports to be a legal document  filed
27        by  a  prisoner in his or her lawsuit meets any or all of
28        the following criteria:
29                  (A)  it lacks an arguable basis either  in  law
30             or in fact;
31                  (B)  it  is  being  presented  for any improper
32             purpose, such as to harass or to  cause  unnecessary
33             delay   or   needless   increase   in  the  cost  of
34             litigation;
 
SB745 Engrossed             -1423-             LRB9101253EGfg
 1                  (C)  the  claims,  defenses,  and  other  legal
 2             contentions therein are not  warranted  by  existing
 3             law or by a nonfrivolous argument for the extension,
 4             modification,  or  reversal  of  existing law or the
 5             establishment of new law;
 6                  (D)  the   allegations   and   other    factual
 7             contentions  do  not have evidentiary support or, if
 8             specifically so identified, are not likely  to  have
 9             evidentiary  support  after a reasonable opportunity
10             for further investigation or discovery; or
11                  (E)  the denials of factual contentions are not
12             warranted on the evidence,  or  if  specifically  so
13             identified,  are  not  reasonably based on a lack of
14             information or belief.
15             (2)  "Lawsuit" means a petition for  post-conviction
16        relief   under  Article  122  of  the  Code  of  Criminal
17        Procedure of 1963, a motion pursuant to Section 116-3  of
18        the  Code  of Criminal Procedure of 1963, a habeas corpus
19        action under Article X of the Code of Civil Procedure  or
20        under  federal law (28 U.S.C. 2254), a petition for claim
21        under the Court of Claims Act  or  an  action  under  the
22        federal Civil Rights Act (42 U.S.C. 1983).
23        (e)  Nothing  in  this amendatory Act of 1998 affects the
24    validity of Public Act 89-404.  and other than the offense of
25    reckless homicide as defined in subsection (e) of Section 9-3
26    of the Criminal Code  of  1961  committed  on  or  after  the
27    effective  date  of  this  amendatory Act of 1998, (2.3)  The
28    rules and regulations on early release shall provide  that  a
29    prisoner  who  is  serving  sentence for reckless homicide as
30    defined in subsection (e) of Section 9-3 of the Criminal Code
31    of 1961 committed on or after  the  effective  date  of  this
32    amendatory Act of 1998 shall receive no more than 4.5 days of
33    good  conduct credit for each month of his or her sentence of
34    imprisonment.: (i) or (ii) reckless homicide  as  defined  in
 
SB745 Engrossed             -1424-             LRB9101253EGfg
 1    subsection  (e)  of  Section 9-3 of the Criminal Code of 1961
 2    when the offense is committed on or after the effective  date
 3    of  this  amendatory  Act of 1998 or if convicted of reckless
 4    homicide as defined in subsection (e) of Section 9-3  of  the
 5    Criminal Code of 1961 if the offense is committed on or after
 6    the effective date of this amendatory Act of 1998,
 7    (Source: P.A.  90-592,  eff.  6-19-98;  90-593, eff. 6-19-98;
 8    90-655, eff. 7-30-98; 90-740, eff. 1-1-99; revised 11-25-98.)

 9        (730 ILCS 5/3-6-3.1)
10        Sec. 3-6-3.1.  Truth-in-Sentencing Commission.
11        (a)  Legislative findings.  The  General  Assembly  finds
12    that  violent  crime  continues  to  be  a  severe problem in
13    Illinois.  Criminals sentenced to prison  for  violating  the
14    laws  of Illinois are often released after serving a fraction
15    of their sentence under Illinois' early release statute.  The
16    early  release  of  criminals  from  prison  after  they  are
17    sentenced to longer terms in court  misleads  the  public  as
18    well  as victims of crime.  Many of these criminals return to
19    a life of crime immediately upon  their  early  release  from
20    prison,  committing  violent  acts including murder and rape.
21    Public safety, as  well  as  the  integrity  of  the  justice
22    system,  demands  that  criminals  serve the sentences handed
23    down by the courts, and that a Truth-in-Sentencing Commission
24    be established to effectuate this goal.
25        (b)  Truth-in-Sentencing Commission.   There  is  created
26    the Illinois Truth-in-Sentencing Commission, to consist of 13
27    members as follows:
28             (1)  Three members appointed by the Governor, one of
29        whom  shall  be  a member of the faculty of an accredited
30        Illinois law school;
31             (2)  The Attorney General or his or her designee;
32             (3)  One member appointed by the  President  of  the
33        Senate;
 
SB745 Engrossed             -1425-             LRB9101253EGfg
 1             (4)  One  member appointed by the Minority Leader of
 2        the Senate;
 3             (5)  One member appointed  by  the  Speaker  of  the
 4        House of Representatives;
 5             (6)  One  member appointed by the Minority Leader of
 6        the House of Representatives;
 7             (7)  The Director  of  the  Illinois  Department  of
 8        Corrections or his or her designee;
 9             (8)  The  State's  Attorney of Cook County or his or
10        her designee;
11             (9)  The Executive Director of the Illinois Criminal
12        Justice Information Authority or his or her designee;
13             (10)  The  President   of   the   Illinois   State's
14        Attorneys Association; and
15             (11)  The  President  of the Illinois Association of
16        Chiefs of Police.
17        All appointments shall be filed  with  the  Secretary  of
18    State by the appointing authority.
19        (c)  Duties of the Commission.  This Commission shall:
20             (1)  develop  and  monitor  legislation facilitating
21        the  implementation  of  Truth-in-Sentencing  laws  which
22        require  criminals  to  serve  at  least  85%  of   their
23        court-imposed   sentences,   using  any  information  and
24        recommendations available regarding those laws;
25             (2)  review the funding provisions  of  the  Violent
26        Crime  Control  Act  of  1994, and any subsequent federal
27        legislation  of  a  comparable  nature,  to  comment   in
28        appropriate  federal rulemaking and legislative processes
29        on  State  law  enforcement,  correctional,  and   fiscal
30        concerns,   and,   upon   the   finalization  of  federal
31        requirements, to determine what  is  required  to  obtain
32        maximum   federal   funding   to   assist  the  State  in
33        implementing Truth-in-Sentencing laws; and
34             (3)  study the possibility of changing sentences  in
 
SB745 Engrossed             -1426-             LRB9101253EGfg
 1        order to more accurately reflect the actual time spent in
 2        prison,  while  preserving the system's ability to punish
 3        criminals justly and equitably.
 4        (d)  Organization.  The Commission shall  elect  a  Chair
 5    and  Vice-Chair  from among its members at its first meeting.
 6    The  members  of   the   Commission   shall   serve   without
 7    compensation  but shall be reimbursed for reasonable expenses
 8    incurred in the course of performing their duties.
 9        (e)  Intergovernmental   cooperation.     The    Illinois
10    Criminal  Justice  Information  Authority  shall  assist  the
11    Commission  with  any and all research and drafting necessary
12    to  fulfill  its  duties.    The   Illinois   Department   of
13    Corrections  shall  give  any  reasonable  assistance  to the
14    Commission,  including   making   available   all   pertinent
15    statistical information at the Department's disposal.
16        (f)  The  Commission  shall  present  a full report and a
17    draft of appropriate Truth-in-Sentencing legislation  to  the
18    Governor and the General Assembly no later than September 30,
19    1998 March 1, 1999.
20    (Source:  P.A.  89-404,  eff. 8-20-95; 89-428, eff. 12-13-95;
21    89-689, eff. 12-31-96; 90-592,  eff.  6-19-98;  90-593,  eff.
22    6-19-98; revised 6-25-98)

23        (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
24        Sec. 5-4-1.  Sentencing Hearing.
25        (a)  Except  when  the  death  penalty  is  sought  under
26    hearing procedures otherwise specified, after a determination
27    of  guilt,  a  hearing  shall be held to impose the sentence.
28    However, prior to the imposition of sentence on an individual
29    being sentenced for an offense based  upon  a  charge  for  a
30    violation of Section 11-501 of the Illinois Vehicle Code or a
31    similar  provision  of a local ordinance, the individual must
32    undergo a professional evaluation to determine if an  alcohol
33    or  other  drug abuse problem exists and the extent of such a
 
SB745 Engrossed             -1427-             LRB9101253EGfg
 1    problem.  Programs  conducting  these  evaluations  shall  be
 2    licensed  by  the  Department of Human Services.  However, if
 3    the individual is not a resident of Illinois, the court  may,
 4    in its discretion, accept an evaluation from a program in the
 5    state  of  such  individual's residence. The court may in its
 6    sentencing order approve an eligible defendant for  placement
 7    in  a  Department of Corrections impact incarceration program
 8    as provided in Section 5-8-1.1.  At  the  hearing  the  court
 9    shall:
10             (1)  consider  the  evidence,  if any, received upon
11        the trial;
12             (2)  consider any presentence reports;
13             (3)  consider the financial impact of  incarceration
14        based  on  the  financial impact statement filed with the
15        clerk of the court by the Department of Corrections;
16             (4)  consider evidence and  information  offered  by
17        the parties in aggravation and mitigation;
18             (5)  hear arguments as to sentencing alternatives;
19             (6)  afford  the defendant the opportunity to make a
20        statement in his own behalf;
21             (7)  afford the victim  of  a  violent  crime  or  a
22        violation of Section 11-501 of the Illinois Vehicle Code,
23        or a similar provision of a local ordinance, committed by
24        the   defendant  the  opportunity  to  make  a  statement
25        concerning the impact on the victim and to offer evidence
26        in aggravation or mitigation; provided that the statement
27        and evidence offered in aggravation  or  mitigation  must
28        first  be  prepared  in  writing  in conjunction with the
29        State's Attorney before it may be presented orally at the
30        hearing. Any sworn testimony offered  by  the  victim  is
31        subject  to  the  defendant's right to cross-examine. All
32        statements and evidence offered under this paragraph  (7)
33        shall become part of the record of the court; and
34             (8)  in   cases  of  reckless  homicide  afford  the
 
SB745 Engrossed             -1428-             LRB9101253EGfg
 1        victim's spouse, guardians, parents  or  other  immediate
 2        family members an opportunity to make oral statements.
 3        (b)  All  sentences  shall  be imposed by the judge based
 4    upon his independent assessment  of  the  elements  specified
 5    above  and  any  agreement  as  to  sentence  reached  by the
 6    parties.  The judge who presided at the trial  or  the  judge
 7    who  accepted  the  plea  of guilty shall impose the sentence
 8    unless he is no longer sitting as  a  judge  in  that  court.
 9    Where  the judge does not impose sentence at the same time on
10    all defendants  who  are  convicted  as  a  result  of  being
11    involved  in  the  same offense, the defendant or the State's
12    Attorney may advise the sentencing court of  the  disposition
13    of any other defendants who have been sentenced.
14        (c)  In imposing a sentence for a violent crime or for an
15    offense  of  operating  or  being  in  physical  control of a
16    vehicle while under the influence of alcohol, any other  drug
17    or any combination thereof, or a similar provision of a local
18    ordinance,  when such offense resulted in the personal injury
19    to someone other than the defendant, the  trial  judge  shall
20    specify  on  the record the particular evidence, information,
21    factors in mitigation and aggravation or other  reasons  that
22    led to his sentencing determination. The full verbatim record
23    of  the  sentencing  hearing shall be filed with the clerk of
24    the court and shall be a public record.
25        (c-1)  In  imposing  a  sentence  for  the   offense   of
26    aggravated   kidnapping  for  ransom,  home  invasion,  armed
27    robbery, aggravated vehicular hijacking, aggravated discharge
28    of a firearm, or armed violence with a category I  weapon  or
29    category  II  weapon, the trial judge shall make a finding as
30    to whether the conduct leading to conviction for the  offense
31    resulted  in  great  bodily harm to a victim, and shall enter
32    that finding and the basis for that finding in the record.
33        (c-2)  If the defendant is  sentenced  to  prison,  other
34    than  when  a  sentence  of  natural  life  imprisonment or a
 
SB745 Engrossed             -1429-             LRB9101253EGfg
 1    sentence of death is imposed, at the  time  the  sentence  is
 2    imposed the judge shall state on the record in open court the
 3    approximate  period  of  time  the  defendant  will  serve in
 4    custody according to the then  current  statutory  rules  and
 5    regulations  for  early  release  found  in Section 3-6-3 and
 6    other related provisions of this  Code.   This  statement  is
 7    intended  solely to inform the public, has no legal effect on
 8    the defendant's actual release, and may not be relied  on  by
 9    the defendant on appeal.
10        The  judge's statement, to be given after pronouncing the
11    sentence, other than when the sentence is imposed for one  of
12    the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
13    shall include the following:
14        "The purpose of this statement is to inform the public of
15    the  actual  period of time this defendant is likely to spend
16    in prison as a result of this sentence.  The actual period of
17    prison time served is determined by the statutes of  Illinois
18    as  applied  to  this  sentence by the Illinois Department of
19    Corrections and the Illinois Prisoner Review Board.  In  this
20    case,  assuming the defendant receives all of his or her good
21    conduct credit, the period of estimated actual custody is ...
22    years and ... months, less up to  180  days  additional  good
23    conduct  credit  for  meritorious service.  If the defendant,
24    because of his or her own misconduct  or  failure  to  comply
25    with  the  institutional  regulations, does not receive those
26    credits, the actual time served in  prison  will  be  longer.
27    The  defendant  may  also  receive an additional one-half day
28    good  conduct  credit  for  each  day  of  participation   in
29    vocational,   industry,   substance  abuse,  and  educational
30    programs as provided for by Illinois statute."
31        When the sentence is imposed  for  one  of  the  offenses
32    enumerated  in  paragraph (a)(3) of Section 3-6-3, other than
33    when  the  sentence  is  imposed  for  one  of  the  offenses
34    enumerated in paragraph (a)(2) of Section 3-6-3 committed  on
 
SB745 Engrossed             -1430-             LRB9101253EGfg
 1    or  after June 19, 1998 the effective date of this amendatory
 2    Act of 1998, and other than when the sentence is imposed  for
 3    reckless homicide as defined in subsection (e) of Section 9-3
 4    of  the Criminal Code of 1961 if the offense was committed on
 5    or after January 1, 1999, the judge's statement, to be  given
 6    after pronouncing the sentence, shall include the following:
 7        "The purpose of this statement is to inform the public of
 8    the  actual  period of time this defendant is likely to spend
 9    in prison as a result of this sentence.  The actual period of
10    prison time served is determined by the statutes of  Illinois
11    as  applied  to  this  sentence by the Illinois Department of
12    Corrections and the Illinois Prisoner Review Board.  In  this
13    case,  assuming the defendant receives all of his or her good
14    conduct credit, the period of estimated actual custody is ...
15    years and ... months, less up  to  90  days  additional  good
16    conduct  credit  for  meritorious service.  If the defendant,
17    because of his or her own misconduct  or  failure  to  comply
18    with  the  institutional  regulations, does not receive those
19    credits, the actual time served in  prison  will  be  longer.
20    The  defendant  may  also  receive an additional one-half day
21    good  conduct  credit  for  each  day  of  participation   in
22    vocational,   industry,   substance  abuse,  and  educational
23    programs as provided for by Illinois statute."
24        When the sentence is imposed  for  one  of  the  offenses
25    enumerated  in  paragraph (a)(2) of Section 3-6-3, other than
26    first degree murder, and the  offense  was  committed  on  or
27    after June 19, 1998 the effective date of this amendatory Act
28    of  1998,  and  when  the  sentence  is  imposed for reckless
29    homicide as defined in subsection (e) of Section 9-3  of  the
30    Criminal  Code  of  1961  if  the offense was committed on or
31    after January 1, 1999, the judge's  statement,  to  be  given
32    after pronouncing the sentence, shall include the following:
33        "The purpose of this statement is to inform the public of
34    the  actual  period of time this defendant is likely to spend
 
SB745 Engrossed             -1431-             LRB9101253EGfg
 1    in prison as a result of this sentence.  The actual period of
 2    prison time served is determined by the statutes of  Illinois
 3    as  applied  to  this  sentence by the Illinois Department of
 4    Corrections and the Illinois Prisoner Review Board.  In  this
 5    case, the defendant is entitled to no more than 4 1/2 days of
 6    good  conduct credit for each month of his or her sentence of
 7    imprisonment.  Therefore, this defendant will serve at  least
 8    85%  of his or her sentence.  Assuming the defendant receives
 9    4 1/2 days credit for each month of his or her sentence,  the
10    period  of  estimated  actual  custody  is  ... years and ...
11    months.   If  the  defendant,  because  of  his  or  her  own
12    misconduct  or  failure  to  comply  with  the  institutional
13    regulations receives lesser credit, the actual time served in
14    prison will be longer."
15        When a sentence of  imprisonment  is  imposed  for  first
16    degree  murder and the offense was committed on or after June
17    19, 1998 the effective date of this amendatory Act  of  1998,
18    the  judge's  statement,  to  be  given after pronouncing the
19    sentence, shall include the following:
20        "The purpose of this statement is to inform the public of
21    the actual period of time this defendant is likely  to  spend
22    in prison as a result of this sentence.  The actual period of
23    prison  time served is determined by the statutes of Illinois
24    as applied to this sentence by  the  Illinois  Department  of
25    Corrections  and the Illinois Prisoner Review Board.  In this
26    case, the defendant is not entitled to good  conduct  credit.
27    Therefore,  this  defendant  will  serve  100%  of his or her
28    sentence."
29        (d)  When the defendant is committed to the Department of
30    Corrections, the State's Attorney shall and counsel  for  the
31    defendant may file a statement with the clerk of the court to
32    be  transmitted  to  the department, agency or institution to
33    which the defendant is committed to furnish such  department,
34    agency or institution with the facts and circumstances of the
 
SB745 Engrossed             -1432-             LRB9101253EGfg
 1    offense  for which the person was committed together with all
 2    other factual information accessible to them in regard to the
 3    person prior  to  his  commitment  relative  to  his  habits,
 4    associates,  disposition  and  reputation and any other facts
 5    and circumstances which may aid such  department,  agency  or
 6    institution  during  its  custody  of such person.  The clerk
 7    shall within 10 days  after  receiving  any  such  statements
 8    transmit a copy to such department, agency or institution and
 9    a copy to the other party, provided, however, that this shall
10    not  be  cause  for  delay  in  conveying  the  person to the
11    department, agency  or  institution  to  which  he  has  been
12    committed.
13        (e)  The  clerk  of  the  court  shall  transmit  to  the
14    department,  agency  or  institution,  if  any,  to which the
15    defendant is committed, the following:
16             (1)  the sentence imposed;
17             (2)  any statement by the court  of  the  basis  for
18        imposing the sentence;
19             (3)  any presentence reports;
20             (4)  the number of days, if any, which the defendant
21        has  been  in  custody  and  for  which he is entitled to
22        credit against the sentence, which information  shall  be
23        provided to the clerk by the sheriff;
24             (4.1)  any  finding of great bodily harm made by the
25        court with respect to an offense enumerated in subsection
26        (c-1);
27             (5)  all statements filed under  subsection  (d)  of
28        this Section;
29             (6)  any   medical   or  mental  health  records  or
30        summaries of the defendant;
31             (7)  the  municipality  where  the  arrest  of   the
32        offender  or  the commission of the offense has occurred,
33        where such municipality has a  population  of  more  than
34        25,000 persons;
 
SB745 Engrossed             -1433-             LRB9101253EGfg
 1             (8)  all  statements made and evidence offered under
 2        paragraph (7) of subsection (a) of this Section; and
 3             (9)  all additional matters which the court  directs
 4        the  clerk  to transmit. and other than when the sentence
 5        is imposed for reckless homicide as defined in subsection
 6        (e) of Section 9-3 of the Criminal Code of  1961  if  the
 7        offense  was  committed on or after the effective date of
 8        this amendatory Act of 1998, and  when  the  sentence  is
 9        imposed  for  reckless  homicide as defined in subsection
10        (e) of Section 9-3 of the Criminal Code of  1961  if  the
11        offense  was  committed on or after the effective date of
12        this amendatory Act of 1998,
13    (Source: P.A. 89-404,  eff.  8-20-95;  89-507,  eff.  7-1-97;
14    90-592,  eff.  6-19-98;  90-593,  eff.  6-19-98; 90-740, eff.
15    1-1-99; revised 9-16-98.)

16        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
17        Sec. 5-5-3.  Disposition.
18        (a)  Every  person  convicted  of  an  offense  shall  be
19    sentenced as provided in this Section.
20        (b)  The   following   options   shall   be   appropriate
21    dispositions, alone or in combination, for all  felonies  and
22    misdemeanors other than those identified in subsection (c) of
23    this Section:
24             (1)  A period of probation.
25             (2)  A term of periodic imprisonment.
26             (3)  A term of conditional discharge.
27             (4)  A term of imprisonment.
28             (5)  An order directing the offender to clean up and
29        repair  the  damage,  if the offender was convicted under
30        paragraph (h) of Section 21-1 of  the  Criminal  Code  of
31        1961.
32             (6)  A fine.
33             (7)  An   order   directing  the  offender  to  make
 
SB745 Engrossed             -1434-             LRB9101253EGfg
 1        restitution to the victim under  Section  5-5-6  of  this
 2        Code.
 3             (8)  A  sentence of participation in a county impact
 4        incarceration program under Section 5-8-1.2 of this Code.
 5        Whenever an individual is sentenced for an offense  based
 6    upon  an  arrest  for  a  violation  of Section 11-501 of the
 7    Illinois Vehicle Code, or a  similar  provision  of  a  local
 8    ordinance,   and   the   professional  evaluation  recommends
 9    remedial or rehabilitative treatment  or  education,  neither
10    the treatment nor the education shall be the sole disposition
11    and  either  or  both may be imposed only in conjunction with
12    another disposition. The court shall monitor compliance  with
13    any remedial education or treatment recommendations contained
14    in  the professional evaluation.  Programs conducting alcohol
15    or other  drug  evaluation  or  remedial  education  must  be
16    licensed  by  the  Department of Human Services.  However, if
17    the individual is not a resident of Illinois, the  court  may
18    accept  an  alcohol  or  other  drug  evaluation  or remedial
19    education  program  in  the  state   of   such   individual's
20    residence.   Programs  providing  treatment  must be licensed
21    under  existing  applicable  alcoholism  and  drug  treatment
22    licensure standards.
23        In addition to any other fine or penalty required by law,
24    any individual convicted of a violation of Section 11-501  of
25    the  Illinois  Vehicle  Code  or a similar provision of local
26    ordinance, whose  operation  of  a  motor  vehicle  while  in
27    violation  of  Section  11-501  or such ordinance proximately
28    caused an incident  resulting  in  an  appropriate  emergency
29    response,  shall  be required to make restitution to a public
30    agency for  the  costs  of  that  emergency  response.   Such
31    restitution  shall not exceed $500 per public agency for each
32    such emergency response.  For the purpose of this  paragraph,
33    emergency  response  shall  mean  any  incident  requiring  a
34    response  by: a police officer as defined under Section 1-162
 
SB745 Engrossed             -1435-             LRB9101253EGfg
 1    of the Illinois Vehicle Code; a fireman carried on the  rolls
 2    of  a regularly constituted fire department; and an ambulance
 3    as defined  under  Section  4.05  of  the  Emergency  Medical
 4    Services (EMS) Systems Act.
 5        Neither   a  fine  nor  restitution  shall  be  the  sole
 6    disposition for a felony and either or both  may  be  imposed
 7    only in conjunction with another disposition.
 8        (c) (1)  When a defendant is found guilty of first degree
 9        murder   the   State   may  either  seek  a  sentence  of
10        imprisonment under Section 5-8-1 of this Code,  or  where
11        appropriate seek a sentence of death under Section 9-1 of
12        the Criminal Code of 1961.
13             (2)  A  period  of  probation,  a  term  of periodic
14        imprisonment  or  conditional  discharge  shall  not   be
15        imposed  for  the  following  offenses.  The  court shall
16        sentence the offender to not less than the  minimum  term
17        of  imprisonment set forth in this Code for the following
18        offenses, and may order a fine or restitution or both  in
19        conjunction with such term of imprisonment:
20                  (A)  First   degree   murder  where  the  death
21             penalty is not imposed.
22                  (B)  Attempted first degree murder.
23                  (C)  A Class X felony.
24                  (D)  A violation of Section 401.1 or 407 of the
25             Illinois Controlled Substances Act, or  a  violation
26             of  subdivision  (c)(2)  of  Section 401 of that Act
27             which relates to more than 5 grams  of  a  substance
28             containing cocaine or an analog thereof.
29                  (E)  A  violation  of  Section  5.1 or 9 of the
30             Cannabis Control Act.
31                  (F)  A  Class  2  or  greater  felony  if   the
32             offender  had been convicted of a Class 2 or greater
33             felony within 10 years  of  the  date  on  which  he
34             committed   the   offense  for  which  he  is  being
 
SB745 Engrossed             -1436-             LRB9101253EGfg
 1             sentenced.
 2                  (G)  Residential burglary.
 3                  (H)  Criminal   sexual   assault,   except   as
 4             otherwise  provided  in  subsection  (e)   of   this
 5             Section.
 6                  (I)  Aggravated battery of a senior citizen.
 7                  (J)  A  forcible  felony  if  the  offense  was
 8             related to the activities of an organized gang.
 9                  Before  July  1, 1994, for the purposes of this
10             paragraph, "organized gang" means an association  of
11             5  or  more  persons, with an established hierarchy,
12             that  encourages  members  of  the  association   to
13             perpetrate crimes or provides support to the members
14             of the association who do commit crimes.
15                  Beginning  July  1,  1994,  for the purposes of
16             this paragraph, "organized  gang"  has  the  meaning
17             ascribed  to  it  in  Section  10  of  the  Illinois
18             Streetgang Terrorism Omnibus Prevention Act.
19                  (K)  Vehicular hijacking.
20                  (L)  A  second or subsequent conviction for the
21             offense of hate crime when  the  underlying  offense
22             upon  which  the  hate  crime  is  based  is  felony
23             aggravated assault or felony mob action.
24                  (M)  A  second or subsequent conviction for the
25             offense of institutional vandalism if the damage  to
26             the property exceeds $300.
27                  (N)  A  Class  3  felony violation of paragraph
28             (1) of subsection (a) of Section 2  of  the  Firearm
29             Owners Identification Card Act.
30                  (O)  A  violation  of  Section  12-6.1  of  the
31             Criminal Code of 1961.
32                  (P)  A  violation  of  paragraph (1), (2), (3),
33             (4), (5),  or  (7)  of  subsection  (a)  of  Section
34             11-20.1 of the Criminal Code of 1961.
 
SB745 Engrossed             -1437-             LRB9101253EGfg
 1                  (Q)  A  violation  of  Section  20-1.2  of  the
 2             Criminal Code of 1961.
 3                  (R)  (Q)  A  violation  of Section 24-3A of the
 4             Criminal Code of 1961.
 5             (3)  A minimum term of imprisonment of not less than
 6        48 consecutive hours or 100 hours of community service as
 7        may be determined by the court shall  be  imposed  for  a
 8        second  or  subsequent violation committed within 5 years
 9        of a previous violation of Section 11-501 of the Illinois
10        Vehicle Code or a similar provision of a local ordinance.
11             (4)  A minimum term of imprisonment of not less than
12        7 consecutive days or 30 days of community service  shall
13        be  imposed  for  a violation of paragraph (c) of Section
14        6-303 of the Illinois Vehicle Code.
15             (4.1)  A minimum term  of  30  consecutive  days  of
16        imprisonment, 40 days of 24 hour periodic imprisonment or
17        720  hours  of community service, as may be determined by
18        the court, shall be imposed for a  violation  of  Section
19        11-501  of  the  Illinois Vehicle Code during a period in
20        which the defendant's driving privileges are  revoked  or
21        suspended,  where  the revocation or suspension was for a
22        violation of Section 11-501 or Section 11-501.1  of  that
23        Code.
24             (5)  The court may sentence an offender convicted of
25        a business offense or a petty offense or a corporation or
26        unincorporated association convicted of any offense to:
27                  (A)  a period of conditional discharge;
28                  (B)  a fine;
29                  (C)  make   restitution  to  the  victim  under
30             Section 5-5-6 of this Code.
31             (6)  In no case shall an offender be eligible for  a
32        disposition  of  probation or conditional discharge for a
33        Class 1 felony committed while he was serving a  term  of
34        probation or conditional discharge for a felony.
 
SB745 Engrossed             -1438-             LRB9101253EGfg
 1             (7)  When   a   defendant  is  adjudged  a  habitual
 2        criminal under Article 33B of the Criminal Code of  1961,
 3        the  court  shall  sentence  the  defendant  to a term of
 4        natural life imprisonment.
 5             (8)  When a defendant, over the age of 21 years,  is
 6        convicted  of  a  Class 1 or Class 2 felony, after having
 7        twice been convicted of any  Class  2  or  greater  Class
 8        felonies  in  Illinois,  and  such charges are separately
 9        brought and tried and arise out of  different  series  of
10        acts,  such  defendant  shall  be  sentenced as a Class X
11        offender. This paragraph shall not apply unless  (1)  the
12        first  felony  was  committed after the effective date of
13        this amendatory Act of 1977; and (2)  the  second  felony
14        was  committed after conviction on the first; and (3) the
15        third  felony  was  committed  after  conviction  on  the
16        second.
17             (9)  A defendant convicted of a second or subsequent
18        offense of ritualized abuse of a child may  be  sentenced
19        to a term of natural life imprisonment.
20             (10)  Beginning  July  1,  1994,  unless  sentencing
21        under Section 33B-1 is applicable, a term of imprisonment
22        of not less than 15 years nor more than 50 years shall be
23        imposed  on a defendant who violates Section 33A-2 of the
24        Criminal Code of 1961 with a firearm,  when  that  person
25        has  been convicted in any state or federal court of 3 or
26        more of the following  offenses:  treason,  first  degree
27        murder,  second degree murder, aggravated criminal sexual
28        assault,  criminal  sexual  assault,  robbery,  burglary,
29        arson, kidnaping, aggravated battery resulting  in  great
30        bodily  harm or permanent disability or disfigurement, or
31        a violation of Section 401(a) of the Illinois  Controlled
32        Substances  Act,  when  the  third  offense was committed
33        after conviction on the second, the  second  offense  was
34        committed   after   conviction  on  the  first,  and  the
 
SB745 Engrossed             -1439-             LRB9101253EGfg
 1        violation of Section 33A-2 of the Criminal Code  of  1961
 2        was committed after conviction on the third.
 3             (11)  Beginning July 1, 1994, a term of imprisonment
 4        of  not  less  than  10  years and not more than 30 years
 5        shall be imposed on  a  defendant  who  violates  Section
 6        33A-2  with  a  Category  I  weapon where the offense was
 7        committed in any school, or any conveyance owned, leased,
 8        or contracted by a school to  transport  students  to  or
 9        from  school  or  a  school related activity, on the real
10        property comprising any school or public park, and  where
11        the offense was related to the activities of an organized
12        gang.    For   the   purposes  of  this  paragraph  (11),
13        "organized gang"  has  the  meaning  ascribed  to  it  in
14        Section  10  of the Illinois Streetgang Terrorism Omnibus
15        Prevention Act.
16        (d)  In any case in which a sentence  originally  imposed
17    is  vacated,  the  case shall be remanded to the trial court.
18    The trial court shall hold a hearing under Section  5-4-1  of
19    the Unified Code of Corrections which may include evidence of
20    the  defendant's  life, moral character and occupation during
21    the time since the original sentence was passed.   The  trial
22    court  shall  then  impose  sentence upon the defendant.  The
23    trial court may impose any sentence  which  could  have  been
24    imposed at the original trial subject to Section 5-5-4 of the
25    Unified Code of Corrections.
26        (e)  In  cases  where  prosecution  for  criminal  sexual
27    assault  or  aggravated  criminal  sexual abuse under Section
28    12-13 or 12-16 of  the  Criminal  Code  of  1961  results  in
29    conviction  of  a  defendant  who  was a family member of the
30    victim at the time of the  commission  of  the  offense,  the
31    court shall consider the safety and welfare of the victim and
32    may impose a sentence of probation only where:
33             (1)  the   court  finds  (A)  or  (B)  or  both  are
34        appropriate:
 
SB745 Engrossed             -1440-             LRB9101253EGfg
 1                  (A)  the defendant  is  willing  to  undergo  a
 2             court  approved  counseling  program  for  a minimum
 3             duration of 2 years; or
 4                  (B)  the defendant is willing to participate in
 5             a court approved plan including but not  limited  to
 6             the defendant's:
 7                       (i)  removal from the household;
 8                       (ii)  restricted contact with the victim;
 9                       (iii)  continued  financial support of the
10                  family;
11                       (iv)  restitution for  harm  done  to  the
12                  victim; and
13                       (v)  compliance  with  any  other measures
14                  that the court may deem appropriate; and
15             (2)  the court orders the defendant to pay  for  the
16        victim's  counseling  services,  to  the  extent that the
17        court finds, after considering the defendant's income and
18        assets, that the  defendant  is  financially  capable  of
19        paying  for  such  services,  if  the victim was under 18
20        years of age at the time the offense  was  committed  and
21        requires counseling as a result of the offense.
22        Probation  may be revoked or modified pursuant to Section
23    5-6-4; except where the court determines at the hearing  that
24    the  defendant  violated  a condition of his or her probation
25    restricting contact with the victim or other  family  members
26    or  commits  another  offense with the victim or other family
27    members, the court shall revoke the defendant's probation and
28    impose a term of imprisonment.
29        For the purposes of this  Section,  "family  member"  and
30    "victim"  shall have the meanings ascribed to them in Section
31    12-12 of the Criminal Code of 1961.
32        (f)  This Article shall not  deprive  a  court  in  other
33    proceedings  to order a forfeiture of property, to suspend or
34    cancel a license, to remove  a  person  from  office,  or  to
 
SB745 Engrossed             -1441-             LRB9101253EGfg
 1    impose any other civil penalty.
 2        (g)  Whenever  a  defendant  is  convicted  of an offense
 3    under Sections 11-14, 11-15, 11-15.1,  11-16,  11-17,  11-18,
 4    11-18.1,  11-19,  11-19.1,  11-19.2,  12-13,  12-14, 12-14.1,
 5    12-15 or 12-16 of the Criminal Code of  1961,  the  defendant
 6    shall  undergo  medical  testing  to  determine  whether  the
 7    defendant has any sexually transmissible disease, including a
 8    test for infection with human immunodeficiency virus (HIV) or
 9    any    other   identified   causative   agent   of   acquired
10    immunodeficiency syndrome  (AIDS).   Any  such  medical  test
11    shall  be  performed  only  by appropriately licensed medical
12    practitioners and may  include  an  analysis  of  any  bodily
13    fluids  as  well as an examination of the defendant's person.
14    Except as otherwise provided by law, the results of such test
15    shall be kept strictly confidential by all medical  personnel
16    involved in the testing and must be personally delivered in a
17    sealed  envelope  to  the  judge  of  the  court in which the
18    conviction was entered for the judge's inspection in  camera.
19    Acting  in  accordance  with the best interests of the victim
20    and the public,  the  judge  shall  have  the  discretion  to
21    determine  to whom, if anyone, the results of the testing may
22    be revealed. The court shall notify the defendant of the test
23    results.  The court shall also notify the victim if requested
24    by the victim, and if the victim is under the age of  15  and
25    if  requested  by the victim's parents or legal guardian, the
26    court shall notify the victim's parents or legal guardian  of
27    the test results.  The court shall provide information on the
28    availability  of  HIV testing and counseling at Department of
29    Public Health facilities to all parties to whom  the  results
30    of  the  testing  are  revealed  and shall direct the State's
31    Attorney to  provide  the  information  to  the  victim  when
32    possible. A State's Attorney may petition the court to obtain
33    the  results of any HIV test administered under this Section,
34    and the court shall  grant  the  disclosure  if  the  State's
 
SB745 Engrossed             -1442-             LRB9101253EGfg
 1    Attorney  shows it is relevant in order to prosecute a charge
 2    of criminal transmission of HIV under Section 12-16.2 of  the
 3    Criminal Code of 1961 against the defendant.  The court shall
 4    order  that  the  cost  of any such test shall be paid by the
 5    county and may  be  taxed  as  costs  against  the  convicted
 6    defendant.
 7        (g-5)  When   an   inmate   is  tested  for  an  airborne
 8    communicable  disease,  as   determined   by   the   Illinois
 9    Department  of  Public  Health  including  but not limited to
10    tuberculosis, the results of the  test  shall  be  personally
11    delivered  by  the  warden or his or her designee in a sealed
12    envelope to the judge of the court in which the  inmate  must
13    appear  for  the judge's inspection in camera if requested by
14    the judge.  Acting in accordance with the best  interests  of
15    those  in  the courtroom, the judge shall have the discretion
16    to determine what if any precautions  need  to  be  taken  to
17    prevent transmission of the disease in the courtroom.
18        (h)  Whenever  a  defendant  is  convicted  of an offense
19    under Section 1 or 2 of the Hypodermic Syringes  and  Needles
20    Act, the defendant shall undergo medical testing to determine
21    whether   the   defendant   has   been   exposed   to   human
22    immunodeficiency   virus   (HIV)   or  any  other  identified
23    causative agent of acquired immunodeficiency syndrome (AIDS).
24    Except as otherwise provided by law, the results of such test
25    shall be kept strictly confidential by all medical  personnel
26    involved in the testing and must be personally delivered in a
27    sealed  envelope  to  the  judge  of  the  court in which the
28    conviction was entered for the judge's inspection in  camera.
29    Acting  in  accordance with the best interests of the public,
30    the judge shall have the discretion to determine to whom,  if
31    anyone, the results of the testing may be revealed. The court
32    shall  notify  the  defendant  of  a positive test showing an
33    infection with the human immunodeficiency  virus  (HIV).  The
34    court  shall  provide  information on the availability of HIV
 
SB745 Engrossed             -1443-             LRB9101253EGfg
 1    testing  and  counseling  at  Department  of  Public   Health
 2    facilities  to all parties to whom the results of the testing
 3    are revealed and shall direct the State's Attorney to provide
 4    the information  to  the  victim  when  possible.  A  State's
 5    Attorney  may petition the court to obtain the results of any
 6    HIV test administered under  this   Section,  and  the  court
 7    shall  grant  the disclosure if the State's Attorney shows it
 8    is relevant in  order  to  prosecute  a  charge  of  criminal
 9    transmission  of  HIV  under  Section 12-16.2 of the Criminal
10    Code of 1961 against the defendant.  The  court  shall  order
11    that  the  cost  of any such test shall be paid by the county
12    and may be taxed as costs against the convicted defendant.
13        (i)  All fines and penalties imposed under  this  Section
14    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
15    Vehicle  Code,  or  a similar provision of a local ordinance,
16    and any violation of the Child Passenger Protection Act, or a
17    similar provision of a local ordinance,  shall  be  collected
18    and  disbursed by the circuit clerk as provided under Section
19    27.5 of the Clerks of Courts Act.
20        (j)  In cases  when  prosecution  for  any  violation  of
21    Section  11-6,  11-8,  11-9,  11-11,  11-14,  11-15, 11-15.1,
22    11-16,  11-17,  11-17.1,  11-18,  11-18.1,  11-19,   11-19.1,
23    11-19.2,  11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, or
24    12-16 of the Criminal Code of  1961,  any  violation  of  the
25    Illinois  Controlled  Substances Act, or any violation of the
26    Cannabis Control Act results in conviction, a disposition  of
27    court  supervision,  or  an  order of probation granted under
28    Section 10 of the Cannabis Control Act or Section 410 of  the
29    Illinois  Controlled  Substance Act of a defendant, the court
30    shall determine  whether  the  defendant  is  employed  by  a
31    facility  or  center  as  defined under the Child Care Act of
32    1969, a public or private elementary or secondary school,  or
33    otherwise  works  with  children  under  18 years of age on a
34    daily basis.  When a defendant  is  so  employed,  the  court
 
SB745 Engrossed             -1444-             LRB9101253EGfg
 1    shall  order  the  Clerk  of  the Court to send a copy of the
 2    judgment of conviction or order of supervision  or  probation
 3    to  the  defendant's  employer  by  certified  mail.  If  the
 4    employer of the defendant is a school, the Clerk of the Court
 5    shall  direct  the  mailing  of  a  copy  of  the judgment of
 6    conviction or  order  of  supervision  or  probation  to  the
 7    appropriate regional superintendent of schools.  The regional
 8    superintendent  of  schools  shall  notify the State Board of
 9    Education of any notification under this subsection.
10        (j-5)  A defendant at  least  17  years  of  age  who  is
11    convicted  of  a  felony  and  who  has  not  been previously
12    convicted of a misdemeanor or felony and who is sentenced  to
13    a   term  of  imprisonment  in  the  Illinois  Department  of
14    Corrections shall as a condition of his or  her  sentence  be
15    required  by the court to attend educational courses designed
16    to prepare the defendant for a high  school  diploma  and  to
17    work  toward  a high school diploma or to work toward passing
18    the high school level Test of General Educational Development
19    (GED) or to work  toward  completing  a  vocational  training
20    program  offered  by  the  Department  of  Corrections.  If a
21    defendant fails to complete the educational training required
22    by his or her sentence during the term of incarceration,  the
23    Prisoner  Review  Board  shall,  as  a condition of mandatory
24    supervised release, require the defendant, at his or her  own
25    expense,  to  pursue  a  course of study toward a high school
26    diploma or passage of the  GED  test.   The  Prisoner  Review
27    Board  shall  revoke  the  mandatory  supervised release of a
28    defendant who wilfully fails to comply with  this  subsection
29    (j-5)  upon  his  or  her release from confinement in a penal
30    institution while  serving  a  mandatory  supervised  release
31    term;  however, the inability of the defendant after making a
32    good faith effort to obtain financial  aid  or  pay  for  the
33    educational  training shall not be deemed a wilful failure to
34    comply.   The  Prisoner  Review  Board  shall  recommit   the
 
SB745 Engrossed             -1445-             LRB9101253EGfg
 1    defendant  whose  mandatory  supervised release term has been
 2    revoked under this subsection (j-5) as  provided  in  Section
 3    3-3-9.   This  subsection (j-5) does not apply to a defendant
 4    who has a high school diploma or has successfully passed  the
 5    GED test. This subsection (j-5) does not apply to a defendant
 6    who is determined by the court to be developmentally disabled
 7    or otherwise mentally incapable of completing the educational
 8    or vocational program.
 9        (k)  A court may not impose a sentence or disposition for
10    a  felony  or  misdemeanor  that requires the defendant to be
11    implanted or injected with  or  to  use  any  form  of  birth
12    control.
13        (l) (A)  Except   as   provided   in   paragraph  (C)  of
14        subsection (l), whenever a defendant, who is an alien  as
15        defined  by  the  Immigration  and  Nationality  Act,  is
16        convicted of any felony or misdemeanor offense, the court
17        after  sentencing  the  defendant may, upon motion of the
18        State's Attorney, hold sentence in  abeyance  and  remand
19        the  defendant  to the custody of the Attorney General of
20        the United States or his or her designated  agent  to  be
21        deported when:
22                  (1)  a  final  order  of  deportation  has been
23             issued against the defendant pursuant to proceedings
24             under the Immigration and Nationality Act, and
25                  (2)  the deportation of the defendant would not
26             deprecate the seriousness of the defendant's conduct
27             and would not  be  inconsistent  with  the  ends  of
28             justice.
29             Otherwise,  the  defendant  shall  be  sentenced  as
30        provided in this Chapter V.
31             (B)  If the defendant has already been sentenced for
32        a  felony  or  misdemeanor offense, or has been placed on
33        probation under Section 10 of the Cannabis Control Act or
34        Section 410 of the Illinois  Controlled  Substances  Act,
 
SB745 Engrossed             -1446-             LRB9101253EGfg
 1        the  court  may,  upon  motion of the State's Attorney to
 2        suspend the sentence imposed, commit the defendant to the
 3        custody of the Attorney General of the United  States  or
 4        his or her designated agent when:
 5                  (1)  a  final  order  of  deportation  has been
 6             issued against the defendant pursuant to proceedings
 7             under the Immigration and Nationality Act, and
 8                  (2)  the deportation of the defendant would not
 9             deprecate the seriousness of the defendant's conduct
10             and would not  be  inconsistent  with  the  ends  of
11             justice.
12             (C)  This subsection (l) does not apply to offenders
13        who  are  subject  to  the provisions of paragraph (2) of
14        subsection (a) of Section 3-6-3.
15             (D)  Upon motion  of  the  State's  Attorney,  if  a
16        defendant  sentenced  under  this  Section returns to the
17        jurisdiction of the United States, the defendant shall be
18        recommitted to the custody of the county from which he or
19        she was sentenced. Thereafter,  the  defendant  shall  be
20        brought before the sentencing court, which may impose any
21        sentence  that  was  available under Section 5-5-3 at the
22        time of initial sentencing.  In addition,  the  defendant
23        shall  not be eligible for additional good conduct credit
24        for meritorious service as provided under Section 3-6-6.
25        (m)  A  person  convicted  of  criminal   defacement   of
26    property  under  Section 21-1.3 of the Criminal Code of 1961,
27    in which the property damage exceeds $300  and  the  property
28    damaged  is  a  school  building, shall be ordered to perform
29    community service  that  may  include  cleanup,  removal,  or
30    painting over the defacement.
31    (Source: P.A.   89-8,  eff.  3-21-95;  89-314,  eff.  1-1-96;
32    89-428, eff. 12-13-95; 89-462,  eff.  5-29-96;  89-477,  eff.
33    6-18-96;  89-507,  eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
34    eff. 7-31-96;  89-627,  eff.  1-1-97;  89-688,  eff.  6-1-97;
 
SB745 Engrossed             -1447-             LRB9101253EGfg
 1    90-14,  eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, eff. 1-1-99;
 2    90-685, eff. 1-1-99; 90-787, eff. 8-14-98; revised 9-16-98.)

 3        (730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
 4        Sec. 5-5-3.1.  Factors in Mitigation.
 5        (a) The following grounds shall  be  accorded  weight  in
 6    favor   of   withholding   or   minimizing   a   sentence  of
 7    imprisonment:
 8             (1)  The defendant's criminal conduct neither caused
 9        nor threatened serious physical harm to another.;
10             (2)  The defendant  did  not  contemplate  that  his
11        criminal conduct would cause or threaten serious physical
12        harm to another.;
13             (3)  The defendant acted under a strong provocation.
14        ;
15             (4)  There   were  substantial  grounds  tending  to
16        excuse  or  justify  the  defendant's  criminal  conduct,
17        though failing to establish a defense.;
18             (5)  The defendant's criminal conduct was induced or
19        facilitated by someone other than the defendant.;
20             (6)  The   defendant   has   compensated   or   will
21        compensate the victim of his  criminal  conduct  for  the
22        damage or injury that he sustained.;
23             (7)  The   defendant   has   no   history  of  prior
24        delinquency or criminal activity or has led a law-abiding
25        life  for  a  substantial  period  of  time  before   the
26        commission of the present crime.;
27             (8)  The defendant's criminal conduct was the result
28        of circumstances unlikely to recur.;
29             (9)  The  character  and  attitudes of the defendant
30        indicate that he is unlikely to commit another crime.;
31             (10)  The defendant is particularly likely to comply
32        with the terms of a period of probation.;
33             (11)  The imprisonment of the defendant would entail
 
SB745 Engrossed             -1448-             LRB9101253EGfg
 1        excessive hardship to his dependents.;
 2             (12)  The  imprisonment  of  the   defendant   would
 3        endanger his or her medical condition.
 4             (13)  The defendant was mentally retarded as defined
 5        in Section 5-1-13 of this Code.
 6        (b)  If the court, having due regard for the character of
 7    the offender, the nature and circumstances of the offense and
 8    the  public interest finds that a sentence of imprisonment is
 9    the most appropriate disposition of the  offender,  or  where
10    other provisions of this Code mandate the imprisonment of the
11    offender,  the  grounds  listed  in  paragraph  (a)  of  this
12    subsection  shall  be  considered as factors in mitigation of
13    the term imposed.
14    (Source: P.A. 86-903; revised 10-31-98.)

15        (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
16        Sec. 5-5-3.2.  Factors in Aggravation.
17        (a)  The following factors shall be  accorded  weight  in
18    favor of imposing a term of imprisonment or may be considered
19    by  the  court  as  reasons  to impose a more severe sentence
20    under Section 5-8-1:
21             (1)  the defendant's conduct  caused  or  threatened
22        serious harm;
23             (2)  the   defendant   received   compensation   for
24        committing the offense;
25             (3)  the   defendant   has   a   history   of  prior
26        delinquency or criminal activity;
27             (4)  the defendant, by the duties of his  office  or
28        by  his  position,  was obliged to prevent the particular
29        offense committed or to bring the offenders committing it
30        to justice;
31             (5)  the defendant held public office at the time of
32        the offense, and the offense related to  the  conduct  of
33        that office;
 
SB745 Engrossed             -1449-             LRB9101253EGfg
 1             (6)  the   defendant   utilized   his   professional
 2        reputation  or  position  in  the community to commit the
 3        offense, or to afford him an easier means  of  committing
 4        it;
 5             (7)  the  sentence is necessary to deter others from
 6        committing the same crime;
 7             (8)  the defendant committed the offense  against  a
 8        person  60  years  of  age  or  older  or  such  person's
 9        property;
10             (9)  the  defendant  committed the offense against a
11        person who is physically  handicapped  or  such  person's
12        property;
13             (10)  by  reason  of  another individual's actual or
14        perceived race, color, creed, religion, ancestry, gender,
15        sexual orientation, physical  or  mental  disability,  or
16        national  origin,  the  defendant  committed  the offense
17        against (i) the person or property  of  that  individual;
18        (ii)  the  person  or  property  of  a  person who has an
19        association with, is married to, or has a friendship with
20        the other individual; or (iii) the person or property  of
21        a  relative  (by blood or marriage) of a person described
22        in clause (i) or (ii).  For the purposes of this Section,
23        "sexual     orientation"      means      heterosexuality,
24        homosexuality, or bisexuality;
25             (11)  the  offense  took place in a place of worship
26        or on the grounds of  a  place  of  worship,  immediately
27        prior   to,   during  or  immediately  following  worship
28        services.  For purposes of this subparagraph,  "place  of
29        worship"  shall  mean  any  church,  synagogue  or  other
30        building, structure or place used primarily for religious
31        worship;
32             (12)  the   defendant  was  convicted  of  a  felony
33        committed while he  was  released  on  bail  or  his  own
34        recognizance  pending  trial  for  a prior felony and was
 
SB745 Engrossed             -1450-             LRB9101253EGfg
 1        convicted of such prior  felony,  or  the  defendant  was
 2        convicted  of  a  felony committed while he was serving a
 3        period of probation, conditional discharge, or  mandatory
 4        supervised  release under subsection (d) of Section 5-8-1
 5        for a prior felony;
 6             (13)  the defendant committed or attempted to commit
 7        a felony while he was wearing a  bulletproof  vest.   For
 8        the  purposes  of this paragraph (13), a bulletproof vest
 9        is any device  which  is  designed  for  the  purpose  of
10        protecting  the wearer from bullets, shot or other lethal
11        projectiles;
12             (14)  the defendant held  a  position  of  trust  or
13        supervision such as, but not limited to, family member as
14        defined  in  Section  12-12 of the Criminal Code of 1961,
15        teacher, scout leader, baby sitter, or day  care  worker,
16        in  relation  to  a victim under 18 years of age, and the
17        defendant committed an offense in  violation  of  Section
18        11-6,  11-11,  11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
19        12-14, 12-14.1, 12-15 or 12-16 of the  Criminal  Code  of
20        1961 against that victim;
21             (15)  the  defendant committed an offense related to
22        the activities of an organized gang.  For the purposes of
23        this factor, "organized gang" has the meaning ascribed to
24        it in Section 10  of  the  Streetgang  Terrorism  Omnibus
25        Prevention Act;
26             (16)  the   defendant   committed   an   offense  in
27        violation of one of the following  Sections  while  in  a
28        school, regardless of the time of day or time of year; on
29        any  conveyance  owned, leased, or contracted by a school
30        to transport students to  or  from  school  or  a  school
31        related activity; on the real property of a school; or on
32        a  public  way  within  1,000  feet  of the real property
33        comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
34        11-17.1, 11-18.1, 11-19.1, 11-19.2,  12-2, 12-4,  12-4.1,
 
SB745 Engrossed             -1451-             LRB9101253EGfg
 1        12-4.2,  12-4.3,  12-6,  12-6.1,   12-13, 12-14, 12-14.1,
 2        12-15, 12-16,  18-2, or 33A-2 of  the  Criminal  Code  of
 3        1961;
 4             (17)  the  defendant committed the offense by reason
 5        of  any  person's  activity  as  a   community   policing
 6        volunteer  or  to  prevent  any  person  from engaging in
 7        activity as a  community  policing  volunteer.   For  the
 8        purpose  of  this Section, "community policing volunteer"
 9        has the meaning ascribed to it in Section  2-3.5  of  the
10        Criminal Code of 1961.
11        For  the purposes of this Section, "school" is defined as
12    a public or private elementary or secondary school, community
13    college, college, or university.
14        (b)  The following factors may be considered by the court
15    as reasons to impose an extended term sentence under  Section
16    5-8-2 upon any offender:
17             (1)  When  a  defendant  is convicted of any felony,
18        after having been previously convicted in Illinois or any
19        other jurisdiction of the same or similar class felony or
20        greater class felony, when such conviction  has  occurred
21        within  10 years after the previous conviction, excluding
22        time spent in custody, and such  charges  are  separately
23        brought  and  tried  and arise out of different series of
24        acts; or
25             (2)  When a defendant is convicted of any felony and
26        the court finds  that  the  offense  was  accompanied  by
27        exceptionally  brutal  or  heinous behavior indicative of
28        wanton cruelty; or
29             (3)  When a  defendant  is  convicted  of  voluntary
30        manslaughter,    second    degree   murder,   involuntary
31        manslaughter or reckless homicide in which the  defendant
32        has  been convicted of causing the death of more than one
33        individual; or
34             (4)  When a defendant is  convicted  of  any  felony
 
SB745 Engrossed             -1452-             LRB9101253EGfg
 1        committed against:
 2                  (i)  a person under 12 years of age at the time
 3             of the offense or such person's property;
 4                  (ii)  a  person 60 years of age or older at the
 5             time of the offense or such person's property; or
 6                  (iii)  a person physically handicapped  at  the
 7             time of the offense or such person's property; or
 8             (5)  In   the  case  of  a  defendant  convicted  of
 9        aggravated criminal sexual  assault  or  criminal  sexual
10        assault,  when  the  court finds that aggravated criminal
11        sexual  assault  or  criminal  sexual  assault  was  also
12        committed on  the  same  victim  by  one  or  more  other
13        individuals,  and  the defendant voluntarily participated
14        in the crime with the knowledge of the  participation  of
15        the  others in the crime, and the commission of the crime
16        was part of a single course of conduct during which there
17        was no substantial change in the nature of  the  criminal
18        objective; or
19             (6)  When a defendant is convicted of any felony and
20        the  offense  involved  any  of  the  following  types of
21        specific misconduct committed  as  part  of  a  ceremony,
22        rite,  initiation,  observance,  performance, practice or
23        activity  of  any   actual   or   ostensible   religious,
24        fraternal, or social group:
25                  (i)  the  brutalizing or torturing of humans or
26             animals;
27                  (ii)  the theft of human corpses;
28                  (iii)  the kidnapping of humans;
29                  (iv)  the   desecration   of   any    cemetery,
30             religious,    fraternal,   business,   governmental,
31             educational, or other building or property; or
32                  (v)  ritualized abuse of a child; or
33             (7)  When a defendant is convicted of  first  degree
34        murder,   after   having  been  previously  convicted  in
 
SB745 Engrossed             -1453-             LRB9101253EGfg
 1        Illinois of any offense listed under paragraph (c)(2)  of
 2        Section  5-5-3,  when such conviction has occurred within
 3        10 years after the previous  conviction,  excluding  time
 4        spent in custody, and such charges are separately brought
 5        and tried and arise out of different series of acts; or
 6             (8)  When a defendant is convicted of a felony other
 7        than  conspiracy  and the court finds that the felony was
 8        committed under an agreement with 2 or more other persons
 9        to commit that offense and the defendant, with respect to
10        the other individuals, occupied a position of  organizer,
11        supervisor,   financier,   or   any   other  position  of
12        management or leadership, and  the  court  further  finds
13        that   the   felony   committed  was  related  to  or  in
14        furtherance of the criminal activities  of  an  organized
15        gang or was motivated by the defendant's leadership in an
16        organized gang; or
17             (9)  When  a  defendant  is  convicted  of  a felony
18        violation of Section 24-1 of the Criminal  Code  of  1961
19        and  the court finds that the defendant is a member of an
20        organized gang.
21        (b-1)  For the purposes of this Section, "organized gang"
22    has the meaning ascribed to it in Section 10 of the  Illinois
23    Streetgang Terrorism Omnibus Prevention Act.
24        (c)  The court may impose an extended term sentence under
25    Section   5-8-2  upon  any  offender  who  was  convicted  of
26    aggravated criminal sexual assault where the victim was under
27    18 years of age at the time of the commission of the offense.
28        (d)  The court may impose an extended term sentence under
29    Section 5-8-2 upon any offender who was convicted of unlawful
30    use of weapons under Section 24-1 of  the  Criminal  Code  of
31    1961   for   possessing   a   weapon   that  is  not  readily
32    distinguishable as one of the weapons enumerated  in  Section
33    24-1 of the Criminal Code of 1961.
34    (Source: P.A.  89-235,  eff.  8-4-95;  89-377,  eff. 8-18-95;
 
SB745 Engrossed             -1454-             LRB9101253EGfg
 1    89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections
 2    65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97; 90-651,  eff.
 3    1-1-99; 90-686, eff. 1-1-99; revised 9-16-98.)

 4        (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
 5        Sec.  5-6-1.  Sentences  of  Probation and of Conditional
 6    Discharge  and  Disposition  of  Supervision.   The   General
 7    Assembly  finds  that  in  order  to  protect the public, the
 8    criminal justice  system  must  compel  compliance  with  the
 9    conditions  of  probation  by  responding  to violations with
10    swift,  certain  and  fair   punishments   and   intermediate
11    sanctions.  The  Chief  Judge  of  each circuit shall adopt a
12    system of structured, intermediate sanctions  for  violations
13    of  the  terms  and  conditions  of  a sentence of probation,
14    conditional discharge or disposition of supervision.
15        (a)  Except  where  specifically  prohibited   by   other
16    provisions of this Code, the court shall impose a sentence of
17    probation  or  conditional discharge upon an offender unless,
18    having regard to the nature and circumstance of the  offense,
19    and  to the history, character and condition of the offender,
20    the court is of the opinion that:
21             (1)  his imprisonment or  periodic  imprisonment  is
22        necessary for the protection of the public; or
23             (2)  probation   or   conditional   discharge  would
24        deprecate the seriousness of the offender's  conduct  and
25        would be inconsistent with the ends of justice.
26        The  court  shall  impose as a condition of a sentence of
27    probation, conditional discharge, or  supervision,  that  the
28    probation  agency  may  invoke  any sanction from the list of
29    intermediate sanctions adopted by  the  chief  judge  of  the
30    circuit  court  for violations of the terms and conditions of
31    the  sentence  of  probation,   conditional   discharge,   or
32    supervision,  subject  to  the provisions of Section 5-6-4 of
33    this Act.
 
SB745 Engrossed             -1455-             LRB9101253EGfg
 1        (b)  The court  may  impose  a  sentence  of  conditional
 2    discharge  for an offense if the court is of the opinion that
 3    neither  a  sentence  of   imprisonment   nor   of   periodic
 4    imprisonment nor of probation supervision is appropriate.
 5        (c)  The   court   may,  upon  a  plea  of  guilty  or  a
 6    stipulation by the defendant  of  the  facts  supporting  the
 7    charge  or  a finding of guilt, defer further proceedings and
 8    the  imposition  of  a  sentence,  and  enter  an  order  for
 9    supervision of the defendant, if the defendant is not charged
10    with a Class A  misdemeanor,  as  defined  by  the  following
11    provisions  of  the  Criminal  Code of 1961: Sections 12-3.2;
12    12-15; 31-1; 31-6; 31-7; subsections (b) and (c)  of  Section
13    21-1;  paragraph  (1)  through  (5),  (8),  (10), and (11) of
14    subsection (a) of Section 24-1; and Section 1 of the Boarding
15    Aircraft With Weapon Act; or a felony. If  the  defendant  is
16    not  barred  from  receiving  an  order  for  supervision  as
17    provided in this subsection, the court may enter an order for
18    supervision   after  considering  the  circumstances  of  the
19    offense, and the history,  character  and  condition  of  the
20    offender, if the court is of the opinion that:
21             (1)  the  offender  is  not likely to commit further
22        crimes;
23             (2)  the defendant and  the  public  would  be  best
24        served  if  the  defendant were not to receive a criminal
25        record; and
26             (3)  in the best interests of justice  an  order  of
27        supervision is more appropriate than a sentence otherwise
28        permitted under this Code.
29        (d)  The provisions of paragraph (c) shall not apply to a
30    defendant  charged  with  violating  Section  11-501  of  the
31    Illinois  Vehicle  Code  or  a  similar  provision of a local
32    ordinance when the defendant has previously been:
33             (1)  convicted for a violation of Section 11-501  of
34        the  Illinois  Vehicle  Code  or a similar provision of a
 
SB745 Engrossed             -1456-             LRB9101253EGfg
 1        local ordinance; or
 2             (2)  assigned supervision for a violation of Section
 3        11-501  of  the  Illinois  Vehicle  Code  or  a   similar
 4        provision of a local ordinance; or
 5             (3)  pleaded  guilty  to  or stipulated to the facts
 6        supporting a charge or a finding of guilty to a violation
 7        of Section 11-503 of  the  Illinois  Vehicle  Code  or  a
 8        similar  provision  of a local ordinance, and the plea or
 9        stipulation was the result of a plea agreement.
10        The court shall consider the statement of the prosecuting
11    authority with regard to the  standards  set  forth  in  this
12    Section.
13        (e)  The provisions of paragraph (c) shall not apply to a
14    defendant   charged  with  violating  Section  16A-3  of  the
15    Criminal Code of 1961 if said defendant has within the last 5
16    years been:
17             (1)  convicted for a violation of Section  16A-3  of
18        the Criminal Code of 1961; or
19             (2)  assigned supervision for a violation of Section
20        16A-3 of the Criminal Code of 1961.
21        The court shall consider the statement of the prosecuting
22    authority  with  regard  to  the  standards set forth in this
23    Section.
24        (f)  The provisions of paragraph (c) shall not apply to a
25    defendant charged with  violating  Sections  15-111,  15-112,
26    15-301,  paragraph  (b)  of Section 6-104, Section 11-605, or
27    Section 11-1414 of the Illinois Vehicle  Code  or  a  similar
28    provision of a local ordinance.
29        (g)  Except  as  otherwise  provided  in paragraph (i) of
30    this Section, the provisions of paragraph (c) shall not apply
31    to a defendant charged with violating Section  3-707,  3-708,
32    3-710,  or  5-401.3 of the Illinois Vehicle Code or a similar
33    provision of a local ordinance if the  defendant  has  within
34    the last 5 years been:
 
SB745 Engrossed             -1457-             LRB9101253EGfg
 1             (1)  convicted  for  a  violation  of Section 3-707,
 2        3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code  or
 3        a similar provision of a local ordinance; or
 4             (2)  assigned supervision for a violation of Section
 5        3-707,  3-708,  3-710, or 5-401.3 of the Illinois Vehicle
 6        Code or a similar provision of a local ordinance.
 7        The court shall consider the statement of the prosecuting
 8    authority with regard to the  standards  set  forth  in  this
 9    Section.
10        (h)  The provisions of paragraph (c) shall not apply to a
11    defendant  under the age of 21 years charged with violating a
12    serious traffic offense as defined in  Section  1-187.001  of
13    the Illinois Vehicle Code:
14             (1)  unless  the  defendant,  upon  payment  of  the
15        fines,  penalties,  and  costs provided by law, agrees to
16        attend and successfully complete a traffic safety program
17        approved  by  the  court  under  standards  set  by   the
18        Conference of Chief Circuit Judges.  The accused shall be
19        responsible  for  payment  of  any traffic safety program
20        fees.  If the accused fails  to  file  a  certificate  of
21        successful  completion  on or before the termination date
22        of  the  supervision  order,  the  supervision  shall  be
23        summarily revoked and conviction entered.  The provisions
24        of Supreme Court Rule 402 relating to pleas of guilty  do
25        not  apply in cases when a defendant enters a guilty plea
26        under this provision; or
27             (2)  if the defendant has previously been  sentenced
28        under the provisions of paragraph (c) on or after January
29        1,  1998  for  any  serious traffic offense as defined in
30        Section 1-187.001 of the Illinois Vehicle Code.
31        (i)  The provisions of paragraph (c) shall not apply to a
32    defendant  charged  with  violating  Section  3-707  of   the
33    Illinois  Vehicle  Code  or  a  similar  provision of a local
34    ordinance if the defendant has been assigned supervision  for
 
SB745 Engrossed             -1458-             LRB9101253EGfg
 1    a  violation of Section 3-707 of the Illinois Vehicle Code or
 2    a similar provision of a local ordinance.
 3        (j) (i)  The provisions of paragraph (c) shall not  apply
 4    to  a  defendant  charged with violating Section 6-303 of the
 5    Illinois Vehicle Code or  a  similar  provision  of  a  local
 6    ordinance  when  the  revocation  or  suspension  was  for  a
 7    violation of Section 11-501 or a similar provision of a local
 8    ordinance,  a  violation of Section 11-501.1 or paragraph (b)
 9    of  Section  11-401  of  the  Illinois  Vehicle  Code,  or  a
10    violation of Section 9-3 of the Criminal Code of 1961 if  the
11    defendant has within the last 10 years been:
12             (1)  convicted  for  a violation of Section 6-303 of
13        the Illinois Vehicle Code or a  similar  provision  of  a
14        local ordinance; or
15             (2)  assigned supervision for a violation of Section
16        6-303 of the Illinois Vehicle Code or a similar provision
17        of a local ordinance.
18    (Source: P.A.  89-198,  eff.  7-21-95;  89-210,  eff. 8-2-95;
19    89-626,  eff.  8-9-96;  89-637,  eff.  1-1-97;  90-369,  eff.
20    1-1-98; 90-738, eff. 1-1-99;  90-784,  eff.  1-1-99;  revised
21    9-21-98.)

22        (730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6)
23        Sec. 5-7-6.  Duty of Clerk of Court or the Department of
24    Corrections   Correction;   collection   and  disposition  of
25    compensation.
26        (a)  Every   gainfully   employed   offender   shall   be
27    responsible for managing his or her earnings.  The  clerk  of
28    the  circuit  court  shall  have  only those responsibilities
29    regarding an offender's earnings as are  set  forth  in  this
30    Section.
31        Every  offender, including offenders who are sentenced to
32    periodic imprisonment for weekends only,  gainfully  employed
33    shall  pay  a  fee  for room and board at a rate established,
 
SB745 Engrossed             -1459-             LRB9101253EGfg
 1    with the concurrence of  the  chief  judge  of  the  judicial
 2    circuit,  by  the  county  board  of  the county in which the
 3    offender is incarcerated.  The concurrence of the chief judge
 4    shall  be  in  the  form  of  an  administrative  order.   In
 5    establishing the fee for room and board consideration may  be
 6    given  to  all  costs  incidental  to  the  incarceration  of
 7    offenders.  If  an  offender  is  necessarily absent from the
 8    institution at mealtime he or she shall,  without  additional
 9    charge,  be  furnished  with  a  meal to carry to work.  Each
10    week, on a day designated by the clerk of the circuit  court,
11    every   offender  shall  pay  the  clerk  the  fees  for  the
12    offender's room and board. Failure to pay the  clerk  on  the
13    day  designated  shall  result  in  the  termination  of  the
14    offender's  release. All fees for room and board collected by
15    the circuit court clerk shall be disbursed into the  county's
16    General Corporate Fund.
17        By  order  of the court, all or a portion of the earnings
18    of employed offenders shall be turned over to the clerk to be
19    distributed for the following purposes, in the order stated:
20             (1)  the room and board of the offender;
21             (2)  necessary travel expenses to and from work  and
22        other  incidental  expenses  of  the offender, when those
23        expenses  are  incurred  by  the  administrator  of   the
24        offender's imprisonment;
25             (3)  support of the offender's dependents, if any.
26        (b)  If  the  offender has one or more dependents who are
27    recipients of financial assistance pursuant to  the  Illinois
28    Public  Aid  Code,  or who are residents of a State hospital,
29    State school or foster care facility provided by  the  State,
30    the  court  shall  order  the  offender to turn over all or a
31    portion of his earnings to the clerk who shall, after  making
32    the  deductions  provided for under paragraph (a), distribute
33    those earnings to the appropriate agency as reimbursement for
34    the cost of care of such dependents. The order  shall  permit
 
SB745 Engrossed             -1460-             LRB9101253EGfg
 1    the  Department of Human Services (acting as successor to the
 2    Illinois Department of Public Aid  under  the  Department  of
 3    Human  Services  Act)  or the local governmental unit, as the
 4    case may be, to request the clerk that subsequent payments be
 5    made directly to the dependents, or to some agency or  person
 6    in  their  behalf,  upon  removal  of the dependents from the
 7    public aid rolls; and upon such direction and removal of  the
 8    recipients from the public aid rolls, the Department of Human
 9    Services   or  the  local  governmental  unit,  as  the  case
10    requires, shall give written notice of  such  action  to  the
11    court.  Payments received by the Department of Human Services
12    or  by  governmental  units in behalf of recipients of public
13    aid shall be deposited into the General Revenue Fund  of  the
14    State Treasury or General Assistance Fund of the governmental
15    unit, under Section 10-19 of the Illinois Public Aid Code.
16        (c)  The clerk of the circuit court shall keep individual
17    accounts  of  all  money collected by him as required by this
18    Article.  He  shall  deposit  all  moneys  as  trustee  in  a
19    depository designated by the  county  board  and  shall  make
20    payments  required  by  the  court's  order from such trustee
21    account. Such accounts shall be subject to audit in the  same
22    manner as accounts of the county are audited.
23        (d)  If  an  institution or the Department of Corrections
24    certifies to the court that it can  administer  this  Section
25    with  respect  to persons committed to it under this Article,
26    the clerk of the court shall be relieved of its duties  under
27    this Section and they shall be assumed by such institution or
28    the Department.
29    (Source:  P.A.  89-507,  eff.  7-1-97;  89-532, eff. 7-19-96;
30    90-14, eff. 7-1-97; revised 10-31-98.)

31        (730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
32        Sec.  5-8A-4.   Program  description.   The   supervising
33    authority  may  promulgate  rules  that  prescribe reasonable
 
SB745 Engrossed             -1461-             LRB9101253EGfg
 1    guidelines under which an electronic home  detention  program
 2    shall  operate.  These rules shall include but not be limited
 3    to the following:
 4        (A)  The participant shall  remain  within  the  interior
 5    premises  or  within  the  property  boundaries of his or her
 6    residence at all times during the  hours  designated  by  the
 7    supervising  authority.   Such instances of approved absences
 8    from the  home  may  include  but  are  not  limited  to  the
 9    following:
10             (1)  working  or employment approved by the court or
11        traveling to or from approved employment;
12             (2)  unemployed and seeking employment approved  for
13        the participant by the court;
14             (3)  undergoing  medical, psychiatric, mental health
15        treatment,  counseling,  or  other   treatment   programs
16        approved for the participant by the court;
17             (4)  attending   an  educational  institution  or  a
18        program approved for the participant by the court;
19             (5)  attending  a  regularly   scheduled   religious
20        service at a place of worship;
21             (6)  participating  in  community  work  release  or
22        community  service  programs approved for the participant
23        by the supervising authority; or
24             (7)  for another compelling reason  consistent  with
25        the  public  interest,  as  approved  by  the supervising
26        authority.
27        (B)  The participant shall  admit  any  person  or  agent
28    designated  by  the  supervising  authority  into  his or her
29    residence  at  any  time  for  purposes  of   verifying   the
30    participant's  compliance  with  the conditions of his or her
31    detention.
32        (C)  The   participant   shall   make    the    necessary
33    arrangements  to  allow for any person or agent designated by
34    the supervising authority to visit the participant's place of
 
SB745 Engrossed             -1462-             LRB9101253EGfg
 1    education or employment at any time, based upon the  approval
 2    of  the  educational  institution  employer  or both, for the
 3    purpose of verifying the participant's  compliance  with  the
 4    conditions of his or her detention.
 5        (D)  The  participant  shall  acknowledge and participate
 6    with the approved electronic monitoring device as  designated
 7    by  the  supervising authority at any time for the purpose of
 8    verifying the participant's compliance with the conditions of
 9    his or her detention.
10        (E)  The participant shall maintain the following:
11             (1)  a working telephone in the participant's home;
12             (2)  a monitoring device in the participant's  home,
13        or on the participant's person, or both; and
14             (3)  a  monitoring  device in the participant's home
15        and on the participant's  person  in  the  absence  of  a
16        telephone.
17        (F)  The  participant  shall  obtain  approval  from  the
18    supervising   authority   before   the   participant  changes
19    residence or the schedule described in subsection (A) of this
20    Section Section 5-8A-4.
21        (G)  The  participant  shall  not  commit  another  crime
22    during the period of home detention ordered by the Court.
23        (H)  Notice to the  participant  that  violation  of  the
24    order  for  home  detention  may  subject  the participant to
25    prosecution for the crime of escape as described  in  Section
26    5-8A-4.1.
27        (I)  The  participant  shall abide by other conditions as
28    set by the supervising authority.
29    (Source: P.A. 89-647, eff. 1-1-97; revised 10-31-98.)

30        Section 248.  The Probation and Probation Officers Act is
31    amended by changing Section 13 as follows:

32        (730 ILCS 110/13) (from Ch. 38, par. 204-5)
 
SB745 Engrossed             -1463-             LRB9101253EGfg
 1        Sec. 13.  It shall be the duty of  the  director  of  the
 2    court  services  department  or  the chief probation officer,
 3    appointed as provided in this act, to supervise  and  control
 4    the  work  of  all  subordinate  court  services or probation
 5    officers under his or her jurisdiction subject to the general
 6    administrative and supervisory authority of the Chief Circuit
 7    Judge or another judge designated by the Chief Circuit Judge,
 8    and to control and supervise, as herein provided, the conduct
 9    of probationers to such extent as the court may direct.
10        The Chief Circuit Judge, or another judge  designated  by
11    the  Chief  Circuit  Judge to have general administrative and
12    supervisory authority over the director of the court services
13    department or the chief probation officer, or  may  authorize
14    the  director  or  chief  probation  officer  to  appoint all
15    subordinate court services department officers  or  probation
16    officers,  who shall serve at the pleasure of the director or
17    chief probation officer.
18        In  addition  to  the   authority   to   discharge   such
19    subordinate officers, the director or chief probation officer
20    may impose lesser disciplinary sanctions as the circumstances
21    warrant  in  the  judgment of the director or chief probation
22    officer.  Any disciplinary action taken by  the  director  or
23    chief probation officer shall be in accordance with any State
24    or federal laws that may be applicable.
25        It  shall  be  the  duty  of  the county board to furnish
26    suitable rooms and accommodations, equipment and supplies for
27    said probation  officers  and  clerical  assistants  in  that
28    jurisdiction,  and  for the keeping of the records, equipment
29    and  supplies  of  the  office.   The  number   of   clerical
30    assistants  shall be determined by the Chief Circuit Judge or
31    another judge designated by the Chief Circuit Judge  to  have
32    general  administrative  and  supervisory  authority over the
33    director of  the  court  services  department  or  the  chief
34    probation  officer  and shall be appointed by the director or
 
SB745 Engrossed             -1464-             LRB9101253EGfg
 1    chief  probation  officer.    Salaries   of   said   clerical
 2    assistants shall be fixed by the county board.
 3    (Source: P.A. 86-639; revised 1-14-99.)

 4        Section   249.   The  Sex  Offender  and  Child  Murderer
 5    Community Notification Law is amended by changing Section 120
 6    as follows:

 7        (730 ILCS 152/120)
 8        Sec. 120.  Community notification of sex offenders.
 9        (a)  The sheriff of the county, except Cook County, shall
10    disclose to the following the name, address, date  of  birth,
11    and  offense or adjudication of all sex offenders required to
12    register under Section 3 of  the  Sex  Offender  Registration
13    Act:
14             (1)  (Blank);
15             (2)  School  boards  of  public school districts and
16        the principal or other appropriate administrative officer
17        of each nonpublic school located in the county where  the
18        sex offender resides; and
19             (3)  Child  care  facilities  located  in the county
20        where the sex offender resides.;
21        (a-2)  The sheriff of Cook County shall disclose  to  the
22    following  the  name,  address, date of birth, and offense or
23    adjudication of all sex offenders required to register  under
24    Section 3 of the Sex Offender Registration Act:
25             (1)  School  boards  of  public school districts and
26        the principal or other appropriate administrative officer
27        of each nonpublic school located  within  the  region  of
28        Cook   County,  as  those  public  school  districts  and
29        nonpublic schools are identified in LEADS, other than the
30        City of Chicago, where the sex offender resides; and
31             (2)  Child care facilities located within the region
32        of Cook  County,  as  those  child  care  facilities  are
 
SB745 Engrossed             -1465-             LRB9101253EGfg
 1        identified  in  LEADS,  other  than  the City of Chicago,
 2        where the sex offender resides.
 3        (a-3)  The Chicago Police Department  shall  disclose  to
 4    the  following  the name, address, date of birth, and offense
 5    or adjudication of all sex  offenders  required  to  register
 6    under Section 3 of the Sex Offender Registration Act:
 7             (1)  School  boards  of  public school districts and
 8        the principal or other appropriate administrative officer
 9        of each nonpublic school located in the  police  district
10        where the sex offender resides if the offender resides in
11        the City of Chicago; and
12             (2)  Child  care  facilities  located  in the police
13        district where the sex offender resides if  the  offender
14        resides in the City of Chicago.
15        (a-4)  The  Department  of  State  Police shall provide a
16    list of sex offenders required to register  to  the  Illinois
17    Department of Children and Family Services.
18        (b)  The   Department   of   State  Police  and  any  law
19    enforcement agency having jurisdiction may disclose,  in  the
20    Department's    or   agency's   discretion,   the   following
21    information to any person likely to encounter a sex  offender
22    required  to  register  under  Section  3 of the Sex Offender
23    Registration Act:
24             (1)  The  offender's  name,  address,  and  date  of
25        birth.
26             (2)  The  offense  for  which   the   offender   was
27        convicted.
28             (3)  Adjudication as a sexually dangerous person.
29        (c)  The  name,  address,  date  of birth, and offense or
30    adjudication for sex offenders  required  to  register  under
31    Section  3 of the Sex Offender Registration Act shall be open
32    to inspection by the public  as  provided  in  this  Section.
33    Every municipal police department shall make available at its
34    headquarters  the  information  on  all sex offenders who are
 
SB745 Engrossed             -1466-             LRB9101253EGfg
 1    required to  register  in  the  municipality  under  the  Sex
 2    Offender  Registration  Act.   The  sheriff  shall  also make
 3    available at his or her headquarters the information  on  all
 4    sex offenders who are required to register under that Act and
 5    who   live  in  unincorporated  areas  of  the  county.   The
 6    information shall be made  available  for  public  inspection
 7    according  to  procedures  set  by the department or sheriff,
 8    upon request of any person presented in writing,  in  person,
 9    or  by  telephone.   The  law  enforcement  agency  may  make
10    available  the  information  on  all  sex  offenders residing
11    within the county.
12    (Source: P.A.  89-428,  eff.  6-1-96;  89-462,  eff.  6-1-96;
13    89-707, eff. 6-1-97; 90-193, eff. 7-24-97; revised 10-31-98.)

14        Section  250.   The Code of Civil Procedure is amended by
15    changing  Sections  2-109,  4-109,  4-227,  7-103,   9-111.1,
16    12-101,  12-147,  12-153, 12-164, 12-183, and 15-1504 and the
17    caption to Part 2  of  Article  IX  and  by  adding  Sections
18    7-103.1,   7-103.3,   7-103.5  through  7-103.41,  7-103.41a,
19    7-103.42 through 7-103.49, and 7-103.51 through  7-103.70  as
20    follows:

21        (735 ILCS 5/2-109) (from Ch. 110, par. 2-109)
22        Sec. 2-109.  Malicious prosecution - medical malpractice.
23    In  all  cases  alleging malicious prosecution arising out of
24    proceedings which sought damages for  injuries  or  death  by
25    reason   of   medical,   hospital,   or   other  healing  art
26    malpractice, the plaintiff need not plead  or  prove  special
27    injury  to  sustain  his  or her cause of action. In all such
28    cases  alleging  malicious  prosecution,  no   exemplary   or
29    punitive damages shall be allowed.
30    (Source: P.A. 84-1308, revised 10-31-98.)

31        (735 ILCS 5/4-109) (from Ch. 110, par. 4-109)
 
SB745 Engrossed             -1467-             LRB9101253EGfg
 1        Sec.  4-109. Condition of bond. The condition of the bond
 2    shall be applicable to additional  certified  copies  of  the
 3    order  for  attachment as well as to the first certified copy
 4    of the order for attachment and shall be substantially in the
 5    following form:
 6        The condition of this obligation is  such,  that  whereas
 7    the  plaintiff has on (insert date) ..... 19..... applied for
 8    an order for attachment in the above entitled action of  ....
 9    against the estate of the above named .....  Now, if the ....
10    shall  prosecute  the  action  with effect, or in the case of
11    failure therein shall satisfy all costs which may be  awarded
12    to  ....  or  to  any  person  or  persons  interested in the
13    property attached, and all damages and costs which  shall  be
14    recovered  against the plaintiff for wrongfully obtaining the
15    order for attachment, then the above obligation to  be  void;
16    otherwise to remain in full force and effect.
17        Additional  bonds  shall  not  be  required for obtaining
18    additional certified copies, except as  provided  in  Section
19    4-115 of this Act.
20    (Source: P.A. 83-707; revised 10-19-98.)

21        (735 ILCS 5/4-227) (from Ch. 110, par. 4-227)
22        Sec. 4-227.  Remnants.  Any portion of the sum so paid by
23    the  sheriff  to  the  clerk, or of a deposit remaining after
24    such  distribution  as   hereinabove   provided,   shall   be
25    denominated  remnants  and  surplus  proceeds,  and where any
26    claim or complaint is filed against the same as  provided  in
27    Part  2  of  or Article IV of this Act, distribution shall be
28    directed by the court after judgment upon motion and  notice,
29    as  provided  in  Section  4-226  of  this Act, and after the
30    following order:
31        First - All costs upon claims passing into judgment which
32    were filed after distribution.
33        Second - All other liens  enforceable  under  Part  2  of
 
SB745 Engrossed             -1468-             LRB9101253EGfg
 1    Article  IV  of  this  Act  against  the water craft prior to
 2    distribution.
 3        Third - All claims upon mortgages of such water craft  or
 4    other  incumbrances  by  the  owner,  in  proportion  to  the
 5    interest they cover and priority.
 6        Fourth  -  Upon  petition  of the creditor, all judgments
 7    against the owner, and which ought equitably to be  paid  out
 8    of the proceeds in preference to the owner.
 9        Fifth - The owner.
10    (Source: P.A. 82-280; revised 10-31-98.)

11        (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
12        Sec. 7-103.  "Quick-take".
13        (a)  This  Section applies only to proceedings under this
14    Article that are authorized in the  Sections  following  this
15    Section and preceding Section 7-104.:
16             (1)  by  the  State  of  Illinois, the Illinois Toll
17        Highway Authority or  the  St.  Louis  Metropolitan  Area
18        Airport   Authority   for  the  acquisition  of  land  or
19        interests therein for highway purposes;
20             (2)  (blank);
21             (3)  by the Department  of  Commerce  and  Community
22        Affairs  for  the  purpose specified in the Illinois Coal
23        Development Bond Act;
24             (4)  (blank);
25             (5)  for the purpose  specified  in  the  St.  Louis
26        Metropolitan Area Airport Authority Act;
27             (6)  for  a  period of 24 months after May 24, 1996,
28        by  the  Southwestern  Illinois   Development   Authority
29        pursuant   to   the   Southwestern  Illinois  Development
30        Authority Act;
31             (7)  for a period of  3  years  after  December  30,
32        1987,  by  the  Quad Cities Regional Economic Development
33        Authority  (except  for  the  acquisition  of   land   or
 
SB745 Engrossed             -1469-             LRB9101253EGfg
 1        interests  therein  that  is  farmland,  or upon which is
 2        situated a farm dwelling and appurtenant  structures,  or
 3        upon  which  is  situated a residence, or which is wholly
 4        within  an  area  that  is  zoned  for  residential  use)
 5        pursuant to the Quad Cities Regional Economic Development
 6        Authority Act;
 7             (8)  by  a  sanitary  district  created  under   the
 8        Metropolitan  Water  Reclamation  District  Act   for the
 9        acquisition of land or  interests  therein  for  purposes
10        specified in that Act;
11             (9)  by  a  rail carrier within the time limitations
12        and subject to the terms  and  conditions  set  forth  in
13        Section 18c-7501 of the Illinois Vehicle Code;
14             (10)  for  a  period  of 18 months after January 26,
15        1987, for  the  purpose  specified  in  Division  135  of
16        Article   11   of  the  Illinois  Municipal  Code,  by  a
17        commission  created  under  Section  2   of   the   Water
18        Commission Act of 1985;
19             (11)  by  a  village containing a population of less
20        than 15,000 for the purpose of acquiring property  to  be
21        used  for  a  refuse  derived  fuel  system   designed to
22        generate  steam  and  electricity,  and  for   industrial
23        development that will utilize such steam and electricity,
24        pursuant  to  Section  11-19-10 of the Illinois Municipal
25        Code;
26             (12)  after receiving the prior approval of the City
27        Council, by a municipality having a  population  of  more
28        than  500,000  for  the  purposes  set  forth  in Section
29        11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
30        Illinois Municipal Code, and for the same  purposes  when
31        established pursuant to home rule powers;
32             (13)  by  a  home  rule municipality, after a public
33        hearing  held  by  the  corporate  authorities  or  by  a
34        committee of the corporate authorities and after approval
 
SB745 Engrossed             -1470-             LRB9101253EGfg
 1        by a majority of the  corporate  authorities,  within  an
 2        area designated as an enterprise zone by the municipality
 3        under the Illinois Enterprise Zone Act;
 4             (14)  by  the  Illinois  Sports Facilities Authority
 5        for the purpose specified in Section 12 of  the  Illinois
 6        Sports Facilities Authority Act;
 7             (15)  by  a municipality having a population of more
 8        than 2,000,000 for the purpose of acquiring the  property
 9        described in Section 3 of the Sports Stadium Act;
10             (16)  for a period of 18 months after July 29, 1986,
11        in  any  proceeding  by  the  Board  of  Trustees  of the
12        University of Illinois for the  acquisition  of  land  in
13        Champaign  County  or  interests  therein as a site for a
14        building or for any educational purpose;
15             (17)  for a period of 2 years after July 1, 1990, by
16        a  home  rule  municipality  and  a  county  board,  upon
17        approval of a majority of the  corporate  authorities  of
18        both  the  county  board  and the municipality, within an
19        area designated as an enterprise zone by the municipality
20        and  the  county  board  through   an   intergovernmental
21        agreement  under  the  Illinois Enterprise Zone Act, when
22        the purpose of the condemnation proceeding is to  acquire
23        land  for  the construction of an industrial harbor port,
24        and when the total amount of land to be acquired for that
25        purpose is less than 75 acres  and  is  adjacent  to  the
26        Illinois River;
27             (18)  by  an airport authority located solely within
28        the boundaries of Madison County, Illinois, and which  is
29        organized  pursuant  to  the  provisions  of  the Airport
30        Authorities Act, (i) for the acquisition of 160 acres, or
31        less, of land  or  interests  therein  for  the  purposes
32        specified  in  that Act which may be necessary to extend,
33        mark, and light runway 11/29 for a distance of 1600  feet
34        in  length by 100 feet in width with parallel taxiway, to
 
SB745 Engrossed             -1471-             LRB9101253EGfg
 1        relocate and mark  County  Highway  19,  Madison  County,
 2        known  as  Moreland  Road,  to  relocate  the  instrument
 3        landing system including the approach lighting system and
 4        to  construct  associated  drainage,  fencing and seeding
 5        required for the foregoing project and (ii) for a  period
 6        of  6 months after December 28, 1989, for the acquisition
 7        of 75 acres, or less, of land or  interests  therein  for
 8        the purposes specified in that Act which may be necessary
 9        to  extend,  mark and light the south end of runway 17/35
10        at such airport;
11             (19)  by  any  unit  of  local  government   for   a
12        permanent   easement  for  the  purpose  of  maintaining,
13        dredging or cleaning the Little Calumet River;
14             (20)  by  any  unit  of  local  government   for   a
15        permanent   easement  for  the  purpose  of  maintaining,
16        dredging or cleaning the Salt Creek in DuPage County;
17             (21)  by  St.  Clair  County,  Illinois,   for   the
18        development  of  a  joint use facility at Scott Air Force
19        Base;
20             (22)  by the Village of Summit, Illinois, to acquire
21        land for a waste to energy plant;
22             (23)  for a period of 15 months after  September  7,
23        1990,  by the Department of Transportation or by any unit
24        of   local   government   under   the   terms    of    an
25        intergovernmental   cooperation   agreement  between  the
26        Department  of  Transportation  and  the  unit  of  local
27        government  for  the  purpose  of   developing   aviation
28        facilities  in  and  around  Chanute  Air  Force  Base in
29        Champaign County, Illinois;
30             (24)  for a period of  1  year  after  December  12,
31        1990,  by  the  City of Morris for the development of the
32        Morris Municipal Airport;
33             (25)  for a period of 1 year after June 19, 1991, by
34        the  Greater  Rockford  Airport  Authority  for   airport
 
SB745 Engrossed             -1472-             LRB9101253EGfg
 1        expansion purposes;
 2             (26)  for a period of 24 months after June 30, 1991,
 3        by  the  City  of  Aurora for completion of an instrument
 4        landing system and construction of an east-west runway at
 5        the Aurora Municipal Airport;
 6             (27)  for the acquisition by the  Metropolitan  Pier
 7        and   Exposition   Authority  of  property  described  in
 8        subsection (f) of Section 5 of the Metropolitan Pier  and
 9        Exposition  Authority  Act  for the purposes of providing
10        additional grounds, buildings, and facilities related  to
11        the  purposes  of  the  Metropolitan  Pier and Exposition
12        Authority;
13             (28)  for a period of 24 months after March 1, 1992,
14        by the Village of  Wheeling  and  the  City  of  Prospect
15        Heights,  owners  of  the Palwaukee Municipal Airport, to
16        allow for the acquisition of right of way to complete the
17        realignment of Hintz Road and Wolf Road;
18             (29)  for a period of one year  from  the  effective
19        date   of   this   amendatory   Act   of   1992,  by  the
20        Bloomington-Normal   Airport   Authority   for    airport
21        expansion purposes;
22             (30)  for  a period of 24 months after September 10,
23        1993, by the Cook  County  Highway  Department  and  Lake
24        County  Department  of  Transportation  to  allow for the
25        acquisition of necessary right-of-way for construction of
26        underpasses   for   Lake-Cook   Road   at   the   Chicago
27        Northwestern Railroad crossing, west of Skokie Boulevard,
28        and the Chicago, Milwaukee, St. Paul and Pacific Railroad
29        crossing, west of Waukegan Road;
30             (31)  for a period of one year  after  December  23,
31        1993,  by  the City of Arcola and the City of Tuscola for
32        the development of the Arcola/Tuscola Water  Transmission
33        Pipeline   Project   pursuant  to  the  intergovernmental
34        agreement between the City of  Arcola  and  the  City  of
 
SB745 Engrossed             -1473-             LRB9101253EGfg
 1        Tuscola;
 2             (32)  for  a  period  of 24 months from December 23,
 3        1993, by the Village of Bensenville for  the  acquisition
 4        of  property bounded by Illinois Route 83 to the west and
 5        O'Hare International Airport to the east  to  complete  a
 6        flood control project known as the Bensenville Ditch;
 7             (33)  for  a  period  of  9 months after November 1,
 8        1993, by the Medical Center Commission for the purpose of
 9        acquiring a site for the Illinois State  Police  Forensic
10        Science  Laboratory  at  Chicago, on the block bounded by
11        Roosevelt Road on the north, Wolcott Street on the  east,
12        Washburn  Street  on  the  south, and Damen Avenue on the
13        west in Chicago, Illinois;
14             (34)  for a period of 36 months after July 14, 1995,
15        by White County for  the  acquisition  of  a  3 1/2  mile
16        section  of Bellaire Road, which is described as follows:
17        Commencing at the Northwest Corner of the  Southeast  1/4
18        of Section 28, Township 6 South, Range 10 East of the 3rd
19        Principal  Meridian;  thence  South  to  a  point  at the
20        Southwest Corner of  the  Southeast  1/4  of  Section  9,
21        Township  7  South,  Range  10  East of the 3rd Principal
22        Meridian;
23             (35)  for a period of one year after July 14,  1995,
24        by  the  City  of  Aurora  for  permanent  and  temporary
25        easements  except  over land adjacent to Indian Creek and
26        west of Selmarten Creek located within the City of Aurora
27        for the construction of Phase  II  of  the  Indian  Creek
28        Flood Control Project;
29             (35.1)  for  a  period  beginning June 24, 1995 (the
30        day following the effective date of Public Act 89-29) and
31        ending on July 13, 1995 (the day preceding the  effective
32        date  of  Public  Act  89-134), by the City of Aurora for
33        permanent and temporary easements for the construction of
34        Phase II of the Indian Creek Flood Control Project;
 
SB745 Engrossed             -1474-             LRB9101253EGfg
 1             (36)  for a period of 6 years from July 14, 1995, by
 2        the Grand Avenue Railroad Relocation  Authority  for  the
 3        Grand Avenue Railroad Grade Separation Project within the
 4        Village of Franklin Park, Illinois;
 5             (37)  for  a  period of 3 years after July 14, 1995,
 6        by the Village  of  Romeoville  for  the  acquisition  of
 7        rights-of-way  for the 135th Street Bridge Project, lying
 8        within the South 1/2 of Section 34,  Township  37  North,
 9        Range  10  East and the South 1/2 of Section 35, Township
10        37 North, Range 10 East of the Third Principal  Meridian,
11        and  the North 1/2 of Section 2, Township 36 North, Range
12        10 East and the North  1/2  of  Section  3,  Township  36
13        North,  Range  10  East of the 3rd Principal Meridian, in
14        Will County, Illinois;
15             (37.1)  for a period of 3 years after June 23, 1995,
16        by the Illinois  Department  of  Transportation  for  the
17        acquisition  of rights-of-way for the 135th Street Bridge
18        Project between the Des  Plaines  River  and  New  Avenue
19        lying  within  the  South  1/2 of Section 35, Township 37
20        North, Range 10 East of the Third Principal Meridian  and
21        the North 1/2 of Section 2, Township 36 North,  Range  10
22        East  of  the  3rd  Principal  Meridian,  in Will County,
23        Illinois;
24             (38)  for a period beginning June 24, 1995 (the  day
25        after  the effective date of Public Act 89-29) and ending
26        18 months after July 14,  1995  (the  effective  date  of
27        Public   Act   89-134),   by   the  Anna-Jonesboro  Water
28        Commission for the acquisition of land and easements  for
29        improvements   to   its   water   treatment  and  storage
30        facilities and water transmission pipes;
31             (39)  for a period of 36 months after July 14, 1995,
32        by the City of Effingham for the acquisition of  property
33        which is described as follows:
34        Tract 1:
 
SB745 Engrossed             -1475-             LRB9101253EGfg
 1             Lots  26  and  27 in Block 4 in RAILROAD ADDITION TO
 2        THE TOWN (NOW CITY) OF EFFINGHAM (reference made to  Plat
 3        thereof recorded in Book "K", Page 769, in the Recorder's
 4        Office  of  Effingham  County),  situated  in the City of
 5        Effingham, County of Effingham and State of Illinois.
 6             Tract 2:
 7             The alley lying South  and  adjoining  Tract  1,  as
 8        vacated  by  Ordinance  recorded on July 28, 1937 in Book
 9        183, Page 465, and all right, title and interest  in  and
10        to said alley as established by the Contract for Easement
11        recorded on August 4, 1937 in Book 183, Page 472;
12             (40)  for  a period of one year after July 14, 1995,
13        by  the  Village  of  Palatine  for  the  acquisition  of
14        property located along the  south  side  of  Dundee  Road
15        between  Rand  Road  and  Hicks  Road  for  redevelopment
16        purposes;
17             (41)  for  a  period  of 6 years after July 1, 1995,
18        for the acquisition by the  Medical  Center  District  of
19        property  described  in Section 3 of the Illinois Medical
20        District Act within  the  District  Development  Area  as
21        described  in  Section 4 of that Act for the purposes set
22        forth in that Act;
23             (41.5)  for a period of 24  months  after  June  21,
24        1996  by  the City of Effingham, Illinois for acquisition
25        of  property  for  the  South  Raney  Street  Improvement
26        Project Phase I;
27             (42)  for a period of 3 years after June  21,  1996,
28        by  the  Village  of  Deerfield  for  the  acquisition of
29        territory  within  the  Deerfield  Village   Center,   as
30        designated as of that date by the Deerfield Comprehensive
31        Plan,  with  the  exception  of that area north of Jewett
32        Park Drive  (extended)  between  Waukegan  Road  and  the
33        Milwaukee Railroad Tracks, for redevelopment purposes;
34             (43)  for a period of 12 months after June 21, 1996,
 
SB745 Engrossed             -1476-             LRB9101253EGfg
 1        by  the  City  of Harvard for the acquisition of property
 2        lying west of Harvard Hills Road of  sufficient  size  to
 3        widen  the Harvard Hills Road right of way and to install
 4        and maintain city utility services not more than 200 feet
 5        west of the center line of Harvard Hills Road;
 6             (44)  for a period of 5 years after June  21,  1996,
 7        by the Village of River Forest, Illinois, within the area
 8        designated as a tax increment financing district when the
 9        purpose of the condemnation proceeding is to acquire land
10        for any of the purposes contained in the River Forest Tax
11        Increment   Financing  Plan  or  authorized  by  the  Tax
12        Increment Allocation  Redevelopment  Act,  provided  that
13        condemnation  of  any property zoned and used exclusively
14        for residential purposes shall be prohibited;
15             (45)  for a period of 18 months after June 28, 1996,
16        by the Village of Schaumburg for the acquisition of land,
17        easements, and aviation easements for the  purpose  of  a
18        public airport in Cook and DuPage Counties; provided that
19        if  any  proceedings under the provisions of this Article
20        are pending on that date, "quick-take" may be utilized by
21        the Village of Schaumburg;
22             (46)  for a period of one year after June 28,  1996,
23        by  the City of Pinckneyville for the acquisition of land
24        and easements to provide for improvements  to  its  water
25        treatment  and  storage facilities and water transmission
26        pipes, and for the construction of a  sewerage  treatment
27        facility  and  sewerage  transmission  pipes to serve the
28        Illinois   Department   of   Corrections    Pinckneyville
29        Correctional Facility;
30             (47)  for  a period of 6 months after June 28, 1996,
31        by the City of Streator for the acquisition  of  property
32        described  as  follows  for  a first flush basin sanitary
33        sewer system:
34                  Tract 5:  That part of lots 20 and 21 in  Block
 
SB745 Engrossed             -1477-             LRB9101253EGfg
 1             6  in  Moore  and  Plumb's  addition  to the city of
 2             Streator, Illinois, lying south of the right of  way
 3             of  the  switch  track  of  the  Norfolk and Western
 4             Railroad (now abandoned) in the county  of  LaSalle,
 5             state of Illinois;
 6                  Tract  6:   That  part of lots 30, 31 and 32 in
 7             Block 7 in Moore and Plumb's Addition to the city of
 8             Streator, Illinois, lying north of the centerline of
 9             Coal Run Creek and south of the right of way of  the
10             switch  track  of  the  Norfolk and Western Railroad
11             (now abandoned) in the county of LaSalle,  state  of
12             Illinois;
13             (48)  for  a  period  of 36 months after January 16,
14        1997,  by  the  Bi-State  Development   Agency   of   the
15        Missouri-Illinois    Metropolitan    District   for   the
16        acquisition  of  rights  of  way  and  related   property
17        necessary  for  the  construction  and  operation  of the
18        MetroLink Light Rail System, beginning in East St. Louis,
19        Illinois, and terminating at  Mid  America  Airport,  St.
20        Clair County, Illinois;
21             (49)  for  a  period  of  2  years after January 16,
22        1997, by the Village of Schaumburg for the acquisition of
23        rights-of-way,   permanent   easements,   and   temporary
24        easements  for  the  purpose  of  improving  the  Roselle
25        Road/Illinois  Route  58/Illinois  Route   72   corridor,
26        including  rights-of-way  along  Roselle  Road, Remington
27        Road, Valley Lake Drive, State Parkway,  Commerce  Drive,
28        Kristin  Circle,  and  Hillcrest  Boulevard,  a permanent
29        easement along  Roselle  Road,  and  temporary  easements
30        along  Roselle  Road,  State  Parkway, Valley Lake Drive,
31        Commerce Drive, Kristin Circle, and Hillcrest  Boulevard,
32        in Cook County;
33             (50)   (blank);
34             (51)  for a period of 12 months after July 25, 1997,
 
SB745 Engrossed             -1478-             LRB9101253EGfg
 1        by  the  Village  of Bloomingdale for utility relocations
 2        necessitated by the Lake Street  Improvement  Project  on
 3        Lake Street between Glen Ellyn Road and Springfield Drive
 4        in the Village of Bloomingdale;
 5             (52)  for a period of 36 months after July 25, 1997,
 6        by  the City of Freeport, owners of the Freeport Albertus
 7        Municipal Airport, to allow for acquisition of any  land,
 8        rights,  or  other  property lying between East Lamm Road
 9        and East Borchers Road to complete realignment  of  South
10        Hollywood  Road  and  to  establish  the necessary runway
11        safety  zone  in   accordance   with   Federal   Aviation
12        Administration  and Illinois Department of Transportation
13        design criteria;
14             (53)  for a period of 3 years after July 1, 1997, by
15        the Village of Elmwood Park  to  be  used  only  for  the
16        acquisition  of  commercially  zoned  property within the
17        area  designated  as  the  Tax  Increment   Redevelopment
18        Project Area by ordinance passed and approved on December
19        15,  1986, as well as to be used only for the acquisition
20        of commercially zoned property located at  the  northwest
21        corner of North Avenue and Harlem Avenue and commercially
22        zoned  property located at the southwest corner of Harlem
23        Avenue and Armitage Avenue for redevelopment purposes, as
24        set forth in Division 74.3 of Article 11 of the  Illinois
25        Municipal Code;
26             (54)  for  a  period of 3 years after July 25, 1997,
27        by the  Village  of  Oak  Park  for  the  acquisition  of
28        property  located  along  the  south side of North Avenue
29        between Austin Boulevard and Harlem Avenue or  along  the
30        north  and  south  side of Harrison Street between Austin
31        Boulevard and Elmwood Avenue, not including residentially
32        zoned  properties  within  these  areas,  for  commercial
33        redevelopment goals;
34             (54.1)  for a period of 3  years  after  August  14,
 
SB745 Engrossed             -1479-             LRB9101253EGfg
 1        1997,  by  the Village of Oak Park for the acquisition of
 2        property within  the  areas  designated  as  the  Greater
 3        Downtown  Area  Tax  Increment  Financing  District,  the
 4        Harlem/Garfield Tax Increment Financing District, and the
 5        Madison  Street  Tax  Increment  Financing  District, not
 6        including residentially  zoned  properties  within  these
 7        areas, for commercial redevelopment goals;
 8             (54.2)  for  a  period  of  3 years after August 14,
 9        1997, by the Village of Oak Park for the  acquisition  of
10        property  within the areas designated as the North Avenue
11        Commercial Strip and the Harrison Street  Business  Area,
12        not including residentially zoned properties within these
13        areas, for commercial redevelopment goals;
14             (55)  for  a period of 3 years after August 14, 1997
15        by  the  Village  of  Morton  Grove,  within   the   area
16        designated  as  the Waukegan Road Tax Increment Financing
17        District to be used only for acquiring commercially zoned
18        properties located on Waukegan  Road  for  tax  increment
19        redevelopment  projects  contained  in  the redevelopment
20        plan for the area;
21             (56)  For a period of 2 years after August 14, 1997,
22        by the Village of Rosemont for  the  acquisition  of  the
23        property described as Tract 1, and the acquisition of any
24        leasehold  interest of the property described as Tract 2,
25        both described as follows:
26                               Tract 1
27        PARCEL 1:
28        THAT PART OF THE SOUTHWEST 1/4 OF  SECTION  33,  TOWNSHIP
29        41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
30        DESCRIBED AS FOLLOWS:
31        COMMENCING  AT  THE INTERSECTION OF A LINE 50.00 FEET, AS
32        MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH  THE
33        SOUTH LINE OF SAID  SOUTHWEST  1/4  WITH  A  LINE  484.69
34        FEET,  AS  MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
 
SB745 Engrossed             -1480-             LRB9101253EGfg
 1        WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE  WEST  LINE
 2        OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF  NORTH
 3        00  DEGREES  00  MINUTES  00 SECONDS EAST FOR THIS  LEGAL
 4        DESCRIPTION); THENCE NORTH 00  DEGREES  00  MINUTES    00
 5        SECONDS  EAST  ALONG  SAID  LAST DESCRIBED PARALLEL LINE,
 6        427.26 FEET TO A POINT FOR A PLACE OF  BEGINNING;  THENCE
 7        CONTINUING  NORTH  00  DEGREES 00 MINUTES 00 SECONDS EAST
 8        ALONG SAID LAST DESCRIBED  PARALLEL  LINE,  251.92  FEET;
 9        THENCE  NORTH  45  DEGREES  00  MINUTES  00 SECONDS EAST,
10        32.53  FEET;  THENCE  NORTH  90  DEGREES  00  MINUTES  00
11        SECONDS EAST, 53.70 FEET;  THENCE  SOUTH  72  DEGREES  34
12        MINUTES  18  SECONDS  EAST,  149.63 FEET; THENCE SOUTH 00
13        DEGREES 00 MINUTES 00 SECONDS WEST, 230.11  FEET;  THENCE
14        SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET,
15        TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
16        PARCEL 2:
17        THAT  PART  OF  THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
18        41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
19        DESCRIBED AS FOLLOWS:
20        COMMENCING AT THE INTERSECTION OF A LINE 50.00  FEET,  AS
21        MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH  THE
22        SOUTH  LINE  OF  SAID  SOUTHWEST  1/4  WITH A LINE 484.69
23        FEET, AS MEASURED AT RIGHT ANGLES, EAST OF  AND  PARALLEL
24        WITH  THE  WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
25        OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF  NORTH
26        00 DEGREES, 00 MINUTES, 00 SECONDS EAST FOR THIS    LEGAL
27        DESCRIPTION);  THENCE  NORTH  00 DEGREES, 00 MINUTES,  00
28        SECONDS EAST ALONG SAID  LAST  DESCRIBED  PARALLEL  LINE,
29        153.00  FEET;  THENCE  NORTH  90  DEGREES, 00 MINUTES, 00
30        SECONDS EAST, 89.18 FEET; THENCE  NORTH  00  DEGREES,  00
31        MINUTES,  00  SECONDS  EAST,  48.68 FEET; THENCE NORTH 90
32        DEGREES, 00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE
33        SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET;
34        THENCE NORTH 90 DEGREES, 00  MINUTES,  00  SECONDS  EAST,
 
SB745 Engrossed             -1481-             LRB9101253EGfg
 1        44.23  FEET;  THENCE  NORTH  45  DEGREES,  00 MINUTES, 00
 2        SECONDS EAST, 60.13 FEET; THENCE  NORTH  00  DEGREES,  00
 3        MINUTES,  00  SECONDS  EAST, 141.06 FEET TO A POINT FOR A
 4        PLACE OF BEGINNING, SAID POINT BEING  447.18  FEET  NORTH
 5        AND    704.15  FEET  EAST  OF THE SOUTHWEST CORNER OF THE
 6        SOUTHWEST 1/4 OF SAID SECTION 33, AS MEASURED  ALONG  THE
 7        WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT
 8        ANGLES  THERETO;  THENCE NORTH 00 DEGREES, 00 MINUTES, 00
 9        SECONDS EAST, 280.11 FEET; THENCE NORTH  72  DEGREES,  34
10        MINUTES,  18  SECONDS  WEST, 149.63 FEET; THENCE SOUTH 90
11        DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 FEET; THENCE
12        SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET
13        TO A POINT ON A LINE 484.69 FEET, AS  MEASURED  AT  RIGHT
14        ANGLES,  EAST  OF AND PARALLEL WITH THE WEST LINE OF SAID
15        SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS MEASURED
16        ALONG SAID PARALLEL LINE,  NORTH  OF  THE  AFOREDESCRIBED
17        POINT  OF  COMMENCEMENT;  THENCE  NORTH  00  DEGREES,  00
18        MINUTES,  00  SECONDS  EAST  ALONG  SAID  LAST  DESCRIBED
19        PARALLEL  LINE,  158.10 FEET; THENCE NORTH 39 DEGREES, 39
20        MINUTES, 24 SECONDS EAST, 27.09 FEET TO  AN  INTERSECTION
21        WITH  THE  SOUTHERLY  LINE  OF HIGGINS ROAD, BEING A LINE
22        50.00 FEET, AS MEASURED AT  RIGHT  ANGLES,  SOUTHERLY  OF
23        AND  PARALLEL  WITH  THE CENTER LINE OF SAID ROAD; THENCE
24        SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID
25        LAST  DESCRIBED  SOUTHERLY  LINE,  382.55  FEET   TO   AN
26        INTERSECTION  WITH  THE WESTERLY RIGHT OF WAY LINE OF THE
27        MINNEAPOLIS, ST.  PAUL  AND  SAULT  STE.  MARIE  RAILROAD
28        (FORMERLY  THE  CHICAGO  AND  WISCONSIN RAILROAD); THENCE
29        SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID
30        LAST DESCRIBED WESTERLY LINE, 378.97 FEET;  THENCE  SOUTH
31        90  DEGREES,  00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO
32        THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
33             Generally comprising approximately 3.8  acres  along
34        the south side of  Higgins Road, East of Mannheim Road.
 
SB745 Engrossed             -1482-             LRB9101253EGfg
 1                               Tract 2
 2        PARCEL 1:
 3             Any   leasehold  interest  of  any  portion  of  the
 4        property legally described as  follows:
 5        THAT PART OF THE EAST 8  ACRES  OF  LOT  2  IN  FREDERICK
 6        JOSS'S  DIVISION OF LAND IN SECTION 9, TOWNSHIP 40 NORTH,
 7        RANGE 12  EAST OF THE THIRD  PRINCIPAL  MERIDIAN  (EXCEPT
 8        THE NORTH  500 FEET THEREOF AS MEASURED ON THE EAST LINE)
 9        LYING      EASTERLY  OF  THE  FOLLOWING  DESCRIBED  LINE:
10        BEGINNING AT A  POINT ON THE NORTH LINE OF  SAID  LOT  2,
11        19.07  FEET WEST OF  THE NORTHEAST CORNER THEREOF; THENCE
12        SOUTHWESTERLY  ALONG  A  LINE  FORMING  AN  ANGLE  OF  73
13        DEGREES  46 MINUTES  40 SECONDS (AS MEASURED FROM WEST TO
14        SOUTHWEST) WITH  THE AFORESAID NORTH LINE  OF  LOT  2,  A
15        DISTANCE OF 626.69  FEET TO A POINT; THENCE SOUTHEASTERLY
16        ALONG  A  LINE  FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
17        25 SECONDS  (AS MEASURED TO THE LEFT) WITH A PROLONGATION
18        OF THE  LAST DESCRIBED COURSE A DISTANCE OF  721.92  FEET
19        TO  A  POINT IN THE SOUTH LINE OF SAID LOT WHICH IS 85.31
20        FEET  WEST  OF  THE  SOUTHEAST  CORNER  OF  SAID  LOT  2,
21        EXCEPTING    THEREFROM  THE FOLLOWING DESCRIBED PREMISES:
22        THE SOUTH  50 FEET OF LOT 2 LYING EAST OF  THE  FOLLOWING
23        DESCRIBED    LINE; BEGINNING AT A POINT IN THE SOUTH LINE
24        OF LOT 2, WHICH  IS 85.31  FEET  WEST  OF  THE  SOUTHEAST
25        CORNER  OF  SAID  LOT;   THENCE NORTHERLY ON A LINE WHICH
26        FORMS AN ANGLE OF 85  DEGREES 13 MINUTES  25  SECONDS  IN
27        THE  NORTHWEST  1/4  WITH    SAID  LAST DESCRIBED LINE IN
28        FREDERICK JOSS'S DIVISION OF  LANDS IN THE NORTHEAST  1/4
29        OF  SECTION  9,  TOWNSHIP 40  NORTH, RANGE 12 EAST OF THE
30        THIRD PRINCIPAL MERIDIAN.
31        PARCEL 2:
32             Plus any rights of ingress and egress which the said
33        holder of the  leasehold interest may  have  pursuant  to
34        the following described easement:
 
SB745 Engrossed             -1483-             LRB9101253EGfg
 1        GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS  CREATED
 2        BY  GRANT FROM FRACAP SHEET METAL  MANUFACTURING COMPANY,
 3        INC. TO JUNE WEBER POLLY DATED   NOVEMBER  16,  1970  AND
 4        RECORDED   APRIL  7,  1971  AS  DOCUMENT    21442818  FOR
 5        PASSAGEWAY OVER THE EAST 20 FEET AS   MEASURED  AT  RIGHT
 6        ANGLES TO THE EAST LINE THEREOF OF  THE NORTH 500 FEET OF
 7        THAT  PART  OF  THE  EAST  8 ACRES OF  LOT 2 IN FREDERICK
 8        JOSS'S DIVISION OF LAND IN SECTION 9,  TOWNSHIP 40 NORTH,
 9        RANGE 12 EAST OF THE THIRD  PRINCIPAL    MERIDIAN,  LYING
10        EASTERLY OF THE FOLLOWING DESCRIBED  LINE: BEGINNING AT A
11        POINT  ON  THE NORTH LINE OF SAID LOT 2,  19.07 FEET WEST
12        OF THE NORTHEAST CORNER THEREOF;    THENCE  SOUTHWESTERLY
13        ALONG  A  LINE FORMING AN ANGLE OF  73 DEGREES 46 MINUTES
14        40 SECONDS (AS MEASURED FROM  WEST TO SOUTHWEST) WITH THE
15        AFORESAID NORTH LINE OF LOT  2, A DISTANCE OF 626.69 FEET
16        TO A POINT; THENCE  SOUTHEASTERLY ALONG A LINE FORMING AN
17        ANGLE OF 20  DEGREES 58 MINUTES 25 SECONDS  (AS  MEASURED
18        TO  THE  LEFT)  WITH A PROLONGATION OF THE LAST DESCRIBED
19        COURSE A  DISTANCE OF 721.92 FEET TO A POINT IN THE SOUTH
20        LINE OF  SAID LOT 2, WHICH IS  85.31  FEET  WEST  OF  THE
21        SOUTHEAST    CORNER  OF  SAID  LOT  2,  IN  COOK  COUNTY,
22        ILLINOIS;
23             (57)  for  a  period  of  24  months from August 14,
24        1997, by the City of Champaign  for  the  acquisition  of
25        land  and  easements  in  and  adjacent  to  the  City of
26        Champaign for the improvement of Windsor Road and  Duncan
27        Road  and  for  the  construction  of  the Boneyard Creek
28        Improvement Project;
29             (58) for a period of 24 months  from  the  effective
30        date  of  this  amendatory  Act  of  1998, by the City of
31        Rochelle, to allow the acquisition of easements  for  the
32        construction  and  maintenance  of overhead utility lines
33        and poles along a route within and adjacent  to  existing
34        roadway easements on Twombley, Mulford, and Paw Paw roads
 
SB745 Engrossed             -1484-             LRB9101253EGfg
 1        in Ogle and Lee counties;
 2             (59)  For  a  period  of 3 years after the effective
 3        date of this amendatory Act of 1998, by  the  Village  of
 4        Bolingbrook for acquisition of property within a Regional
 5        Stormwater  Detention  Project  Area, when the purpose of
 6        the condemnation proceeding is to acquire land for one or
 7        more  of  the  following   public   purposes:   drainage,
 8        stormwater    management,    open    space,   recreation,
 9        improvements for water service and related appurtenances,
10        or wetland mitigation and banking; the project area is in
11        Wheatland Township, Will  County,  bounded  generally  by
12        Essington  Road, 127th Street, and Kings Road and is more
13        particularly described as follows: That part  of  Section
14        25  Township 37 N Range 9 E of the 3rd Principal Meridian
15        all  in  Wheatland  Township,  Will  County,  except  the
16        Northeast  Quarter;  the  North  1/2  of  the   Northwest
17        Quarter;  and  the  Southwest  Quarter  of  the Southwest
18        Quarter;
19             (60)  for a period of 36 months after July 1,  1998,
20        by  the Village of Franklin Park, for the acquisition for
21        school purposes, including, but not  limited  to,  school
22        parking  lot purposes, of property bounded on the west by
23        Rose Street, on the north by Nerbonne Street, on the east
24        by Pearl Street extended north on Nerbonne Street, and on
25        the south by King Street, except that no portion used for
26        residential purposes shall be taken;
27             (61) for a period of 5 years after June 1,  1998  by
28        the  Village  of  Melrose  Park  to acquire the following
29        described  property,  for  the  purpose  of  redeveloping
30        blighted areas:
31                              Golfland
32             That part of  the  North  half  of  the  South  East
33        Quarter of the South West quarter of Section 35, Township
34        40 North, Range 12, East of the Third Principal Meridian,
 
SB745 Engrossed             -1485-             LRB9101253EGfg
 1        lying Northeast of the Northeasterly right-of-way line of
 2        the  Minneapolis, St. Paul and Sault Ste. Marie Railroad;
 3        lying South of a line 443.00 feet North of  and  parallel
 4        to  the  South  line  of the North half of the South East
 5        Quarter  of  the  South  West  Quarter  of  Section   35,
 6        aforesaid;  and  lying  west of the West line of the East
 7        490 feet of the North half of the South East  Quarter  of
 8        the   South   West   Quarter  of  Section  35,  aforesaid
 9        (excepting therefrom the East 50 feet  of  the  North  80
10        feet thereof and except that part taken and dedicated for
11        5th Avenue);
12                                ALSO
13             That  part  of  the  South  half  of  the South East
14        Quarter of the South West Quarter of Section 35, Township
15        30 North, Range 12, East of the Third Principal Meridian,
16        lying Northeast of the Northeasterly right-of-way line of
17        the Minneapolis, St. Paul and Sault Ste. Marie  Railroad,
18        described  as  follows: commencing at the intersection of
19        the West line of the South East Quarter of the South West
20        Quarter of Section 35, aforesaid, with the North line  of
21        the  South  half  of  the South East Quarter of the South
22        West Quarter of said Section 35; thence  East  along  the
23        aforementioned  North  line  67.91  Feet  to the point of
24        beginning of land herein described; thence continue  East
25        along  said  North line 297.59 feet; thence Southwesterly
26        along a line forming an angle of 17 degrees 41 minutes 34
27        seconds, measured from  West  to  South  West  with  last
28        described  course,  from  a  distance of 240.84 feet to a
29        point 100 feet Southeasterly of the point  of  beginning;
30        thence  Northwesterly 100 feet to the point of beginning;
31        all in Cook County;
32             (62)  For a period of 3 years after June 1, 1998, by
33        the Village of Melrose Park to acquire property described
34        as follows  for  the  purpose  of  redeveloping  blighted
 
SB745 Engrossed             -1486-             LRB9101253EGfg
 1        areas:
 2             THAT PART OF THE WEST 340 FEET OF THE EAST 1360 FEET
 3        OF  THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 2,
 4        TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD  PRINCIPAL
 5        MERIDIAN,  LYING  NORTH  OF THE CENTERLINE OF DES PLAINES
 6        RIVER (EXCEPT THAT PART OF THE WEST 340 FEET OF THE  EAST
 7        1360  FEET  OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
 8        SECTION 2, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD
 9        PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF  DES
10        PLAINES  RIVER  AND  LYING  SOUTH  OF A LINE DESCRIBED AS
11        COMMENCING ON THE EAST LINE OF SAID TRACT 880 FEET  SOUTH
12        OF THE NORTH LINE OF SAID SECTION 2 RUNNING WESTERLY TO A
13        POINT  IN  THE  WEST LINE OF SAID TRACT WHICH IS 976 FEET
14        SOUTH OF THE NORTH LINE OF SAID SECTION  AND  EXCEPT  THE
15        NORTH  99.2 FEET AS MEASURED ON THE WEST LINE AND BY 99.6
16        FEET AS MEASURED ON THE EAST LINE OF SAID WEST  340  FEET
17        AND  DEDICATED AND CONVEYED TO STATE OF ILLINOIS FOR ROAD
18        OR PUBLIC HIGHWAY PURPOSES), IN COOK COUNTY, ILLINOIS.
19             THAT PART OF THE WEST 170 FEET OF THE EAST 1530 FEET
20        OF THE NORTH 1/2 OF  THE  NORTHEAST  1/4  OF  SECTION  2,
21        TOWNSHIP  39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
22        MERIDIAN, LYING NORTH OF THE CENTER LINE OF  DES  PLAINES
23        RIVER.    (EXCEPT  THAT  PART OF THE WEST 170 FEET OF THE
24        EAST 1530 FEET OF THE NORTH 1/2 OF THE NORTHEAST  1/4  OF
25        SECTION 2, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD
26        PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTER LINE OF DES
27        PLAINES  RIVER  AND  LYING  SOUTH  OF A LINE DESCRIBED AS
28        COMMENCING ON THE EAST LINE OF SAID TRACT 976 FEET  SOUTH
29        OF  THE NORTH LINE OF SAID SECTION 2, RUNNING WESTERLY TO
30        A POINT IN THE WEST LINE OF SAID TRACT WHICH  IS  1095.50
31        FEET  SOUTH  OF THE NORTH LINE OF SAID SECTION AND EXCEPT
32        THE NORTH 100.00 FEET AS MEASURED ON THE WEST LINE AND BY
33        99.2 FEET AS MEASURED ON THE EAST LINE OF SAID  WEST  170
34        FEET  AND DEDICATED AND CONVEYED TO THE STATE OF ILLINOIS
 
SB745 Engrossed             -1487-             LRB9101253EGfg
 1        FOR ROAD OR PUBLIC HIGHWAY  PURPOSES),  IN  COOK  COUNTY,
 2        ILLINOIS;
 3             (63)  for  a period of 24 months after the effective
 4        date of this amendatory Act of 1998 by the City  of  Peru
 5        for  removal of existing residential deed restrictions on
 6        the use of property, and the  rights  of  other  property
 7        owners  in the subdivision to enforce those restrictions,
 8        as they apply to lots 10, 11, 12, 13, 14, 15, and  16  in
 9        Urbanowski's  Subdivision  to  the  City  of Peru, all of
10        which are owned by the Illinois Valley Community Hospital
11        and adjacent to the existing hospital building,  for  the
12        limited purpose of allowing the Illinois Valley Community
13        Hospital  to  expand  its  hospital  facility,  including
14        expansion   for  needed  emergency  room  and  outpatient
15        services; under this paragraph (62) compensation shall be
16        paid to those other property owners for  the  removal  of
17        their rights to enforce the residential deed restrictions
18        on  property  owned  by  the  Illinois  Valley  Community
19        Hospital,  but  no  real  estate  owned  by  those  other
20        property owners may be taken;
21             (64)  for  a  period  of 3 years after the effective
22        date of this amendatory Act of 1998, by  the  Village  of
23        South   Barrington   for  the  acquisition  of  land  and
24        temporary and permanent easements  for  the  purposes  of
25        construction  and  maintenance of sewerage facilities and
26        sewerage transmission pipes along an area not  to  exceed
27        100   feet   north   of  the  Northwest  Tollway  between
28        Barrington Road and Route 72;
29             (65) for a period of 18 months after  the  effective
30        date  of  this  amendatory Act of 1998, by the Village of
31        Northlake for the acquisition of the following  described
32        property  for stormwater management and public recreation
33        purposes:
34             LOT 10 IN BLOCK 7 IN TOWN MANOR SUBDIVISION  OF  THE
 
SB745 Engrossed             -1488-             LRB9101253EGfg
 1        NORTH  100  ACRES  OF  THE  NORTH  EAST 1/4 OF SECTION 5,
 2        TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD  PRINCIPAL
 3        MERIDIAN, IN COOK COUNTY, ILLINOIS.
 4             Commonly  known  as  315  E. Morse Drive, Northlake,
 5        Illinois, 60164;
 6             LOT 17 IN BLOCK 2 IN MIDLAND  DEVELOPMENT  COMPANY'S
 7        NORTHLAKE VILLAGE, A SUBDIVISION OF THE NORTH HALF OF THE
 8        NORTHWEST  QUARTER OF SECTION 5, TOWNSHIP 39 NORTH, RANGE
 9        12, EAST OF THE  THIRD  PRINCIPAL  MERIDIAN  (EXCEPT  THE
10        SOUTH 208.7 FEET OF THE WEST 208.7 FEET EAST OF WOLF ROAD
11        OF  THE  NORTH HALF OF THE NORTHWEST QUARTER, AFORESAID),
12        IN COOK COUNTY, ILLINOIS.
13        PIN: 15-05-115-001
14             Commonly known  as  101  S.  Wolf  Road,  Northlake,
15        Illinois, 60164;
16             (66)  for  a period of 48 months after the effective
17        date of this amendatory Act  of  1998,  by  the  City  of
18        Carbondale,  for  the  acquisition of property bounded by
19        the following lines for the Mill Street Underpass Project
20        (which is part  of  the  Carbondale  Railroad  Relocation
21        Project):  a  line  300  feet  west  of the centerline of
22        Thompson Street; a line 100 feet east of  the  centerline
23        of  Wall  Street; a line 700 feet north of the centerline
24        of College Street; and the centerline of Grand Avenue;
25             (67) for a period of 3  years  after  the  effective
26        date  of  this  amendatory  Act of 1998 by the Village of
27        Round  Lake  Park  in  Lake  County  for  acquisition  of
28        temporary construction easements and  permanent  easement
29        corridors  for providing off-site water and sewer service
30        for the  Alter  Business  Park,  generally  described  as
31        follows:
32             Commencing  at  the Joint Action Water Agency (JAWA)
33        facility on the south side  of  Winchester  Road  (County
34        Route  A34)  and  west  of  Midlothian Road, the proposed
 
SB745 Engrossed             -1489-             LRB9101253EGfg
 1        public water line will be located in the Winchester  Road
 2        (County  Route  A34) right-of-way or immediately adjacent
 3        to the  right-of-way  from  the  JAWA  facility  west  to
 4        Illinois  State Route 83. The water line will then extend
 5        under  Illinois  State  Route  83  and  continue  in  the
 6        Winchester  Road  (County  Route  A34)  right-of-way   or
 7        immediately  adjacent  to  the right-of-way as it extends
 8        westerly from Illinois State Route  83  to  the  proposed
 9        pump station and delivery structure at the most southerly
10        west property line of the Alter property located south of
11        Peterson  Road  (County  Route  A33) and west of Illinois
12        State Route 83. Also, the proposed public water line will
13        be located  in  the  Peterson  Road  (County  Route  A33)
14        right-of-way  or immediately adjacent to the right-of-way
15        from  Illinois  State  Route  83  west  to  the  westerly
16        property line of the Alter property, which property  line
17        lies  approximately  2600' west of Alleghany Road (County
18        Route V68).
19             The proposed sanitary sewer route will commence at a
20        location on Fairfield Road (County Route  V61)  north  of
21        Illinois  State  Route 134 at the Lake County Interceptor
22        (which ultimately extends  into  the  Fox  Lake  Sanitary
23        District  System);  the  route of the sanitary sewer will
24        continue  south  of  Illinois  State  Route  134  in  the
25        right-of-way of Fairfield  Road  (County  Route  V61)  or
26        immediately  adjacent thereto from its extension north of
27        Illinois  State  Route  134  to  its  intersection   with
28        Townline  Road.  The sanitary sewer will then extend east
29        in the  right-of-way  of  Townline  Road  or  immediately
30        adjacent thereto to its intersection with Bacon Road. The
31        sanitary  sewer  will  then  extend  in  the  Bacon  Road
32        right-of-way   line   or   immediately  adjacent  thereto
33        continuing  in  a  southeasterly  direction   until   its
34        intersection  with  Illinois State Route 60. The sanitary
 
SB745 Engrossed             -1490-             LRB9101253EGfg
 1        line will then extend in  the  Illinois  State  Route  60
 2        right-of-way  by  permit  or immediately adjacent thereto
 3        continuing easterly along said right-of-way to the  point
 4        of  intersection  with  Peterson Road (County Route A33).
 5        The sanitary line will  then  continue  easterly  in  the
 6        right-of-way  of  Peterson  Road  (County  Route  A33) or
 7        immediately adjacent thereto to the point of intersection
 8        with Alleghany Road (County  Route  V68)  and  then  will
 9        extend within the Alter property;
10             (68)  For  a  period  of 3 years after the effective
11        date of this amendatory Act of 1998, by  the  Village  of
12        Rosemont    for    redevelopment    purposes,   including
13        infrastructure  improvements,  construction  of  streets,
14        stormwater facilities,  and  drainage  areas,  and  flood
15        plain  improvements,  for  the  acquisition  of  property
16        described as follows:
17             That  part of the Northwest Quarter and that part of
18        the Southwest Quarter of Section 3,  Township  40  North,
19        Range 12, East of the Third Principal Meridian, and being
20        more particularly described as follows:
21             Beginning  at  the point of intersection of the west
22        right-of-way line of River Road (as shown on the plat  of
23        subdivision   for  Gerhart  Huehl  Estates  Division  per
24        document number 4572711) and the southerly line of Lot  7
25        in  said  Gerhart Huehl Estates Division; thence north 14
26        degrees 38 minutes 19 seconds west, along  the  aforesaid
27        west   right-of-way  of  River  Road,  to  the  point  of
28        intersection with a line drawn 490.0 feet  south  of  and
29        parallel  to  the north line of Lot 3 in the said Gerhart
30        Huehl  Estates  Division;  thence  north  89  degrees  07
31        minutes 41 seconds west, along the  previously  described
32        parallel  line 554.77 feet to the point, said point being
33        540.00 feet east of the  easterly  right-of-way  line  of
34        Schafer   Court   (Schafer   Court  being  an  unrecorded
 
SB745 Engrossed             -1491-             LRB9101253EGfg
 1        roadway); thence, north 0 degrees 00 minutes  00  seconds
 2        east, 284.12 feet to the point of intersection with south
 3        line  of  the aforesaid Lot 3 (said south line also being
 4        the  north  line  of  Lot  6  in  Gerhart  Huehl  Estates
 5        Division); thence north 89 degrees 04 minutes 45  seconds
 6        west,  along the said south line of Lot 3, 478.29 feet to
 7        the point of intersection  with  the  aforesaid  easterly
 8        right-of-way  line  of  Schafer  Court;  thence  south 12
 9        degrees 16  minutes  34  seconds  west,  along  the  said
10        easterly  right-of-way line, 312.83 feet; thence south 18
11        degrees 09 minutes 05 seconds west, continuing along  the
12        said easterly right-of-way line, 308.16 feet to the point
13        of  intersection  with the northerly right-of-way line of
14        Higgins Road as dedicated per document  number  11056708;
15        thence, north 66 degrees 43 minutes 09 seconds west along
16        said  northerly  right-of-way line of Higgins Road to the
17        easterly right-of-way of the Northwest Toll Road;  thence
18        southerly   along   said  easterly  right-of-way  of  the
19        Northwest Toll Road  to  the  southerly  right-of-way  of
20        Maple  Avenue  extended  westerly;  thence easterly along
21        said  southerly  right-of-way  line   of   Maple   Avenue
22        (recorded  as  Bock  Avenue) to the easterly right-of-way
23        line of Gage Street; thence northerly along said easterly
24        right-of-way line of Gage Street to the southerly line of
25        Lot 2 in River  Rose  Subdivision  Unit  2  per  document
26        number 19594706; thence easterly along the southerly line
27        of said Lot 2 in River Rose Subdivision Unit Number 2 and
28        said  southerly  line  extended  easterly to the easterly
29        right-of-way line of Glen Lake  Drive  (as  dedicated  in
30        River  Rose  Subdivision per Document Number 19352146 and
31        dedicated as Willow Creek  Drive);  thence  southwesterly
32        along  said  easterly  right-of-way line to the northwest
33        corner of Lot 1 in said River  Rose  Subdivision;  thence
34        south  59  degrees  08 minutes 47 seconds east, along the
 
SB745 Engrossed             -1492-             LRB9101253EGfg
 1        northerly lines of Lots 1 through 13 (both inclusive)  in
 2        the  said River Rose subdivision, 757.48 feet to the most
 3        northeasterly corner of said  Lot  13;  thence  south  11
 4        degrees  05  minutes  25 seconds west, along the easterly
 5        line of said lot 13 in said River Rose Subdivision, 14.08
 6        feet to the northerly line of Glen J. Nixon's subdivision
 7        as per document  19753046;  thence  easterly  along  said
 8        northerly  line, 237.43 feet to the westerly right-of-way
 9        of said Des Plaines River Road;
10             Thence southerly along said westerly right-of-way of
11        Des Plaines River Road  to  the  southerly  line  of  the
12        Northerly  90  feet  of  Lot  2  in  said Glen J. Nixon's
13        subdivision; thence westerly along said southerly line to
14        the westerly line of said Glen  J.  Nixon's  subdivision;
15        thence  southerly along the said westerly line of Glen J.
16        Nixon's subdivision to the southerly right-of-way  of  an
17        unrecorded roadway; thence south 70 degrees 43 minutes 16
18        seconds  west, along the southerly line of the unrecorded
19        roadway,  108.23  feet;  thence  continuing   along   the
20        southerly  right-of-way  of the unrecorded roadway, 95.34
21        feet along an arc of a circle whose radius is 110.00 feet
22        and being convex to the south; thence north 56 degrees 32
23        minutes 25 seconds west, continuing along  the  southerly
24        right-of-way  of the said unrecorded roadway, 216.00 feet
25        to the southwest  corner  of  said  Glen  Lake  Drive  as
26        dedicated in the aforesaid River Rose subdivision; thence
27        north  59  degrees  10 minutes 12 seconds west, along the
28        southerly right-of-way of said Glen  Lake  Drive,  327.48
29        feet,  to the point of intersection with east line of Lot
30        8 in Block 1 in Higgins Road Ranchettes  Subdivision  per
31        Document Number 13820089; thence northerly along the east
32        line  of  said  Lot  8, 97.24 feet to a point; said point
33        being 66.00 feet south of the northeast  corner  of  said
34        Lot  8;  thence  north  89  degrees 36 minutes 54 seconds
 
SB745 Engrossed             -1493-             LRB9101253EGfg
 1        west, along a line which  is  66.00  feet  south  of  and
 2        parallel  to  the north line of Lots 3, 4, 5, 6, 7, and 8
 3        in  said  Higgins  Road  Ranchettes   Subdivision   (said
 4        parallel  line also being the south line of an unrecorded
 5        street known as Glenlake  Street),  621.61  feet  to  the
 6        point of intersection with the northeasterly right-of-way
 7        line  of Toll Road; the next four courses being along the
 8        said northeasterly right-of-way line of  the  Toll  Road;
 9        thence  south  21  degrees  28  minutes  12 seconds east,
10        219.81 feet;  thence  south  34  degrees  29  minutes  34
11        seconds  east,  261.77  feet;  thence south 52 degrees 02
12        minutes 04 seconds east, 114.21  feet;  thence  south  52
13        degrees  07  minutes 21 seconds east to the westerly line
14        (extended northerly) of Lots 83 through 87  inclusive  in
15        Frederick  H.  Bartlett's  River View Estates recorded as
16        Document Number 853426 in Cook County;  thence  southerly
17        along  said  westerly  line to the southerly right-of-way
18        line of Thorndale  Avenue;  thence  easterly  along  said
19        southerly  right-of-way  line  of  Thorndale Avenue 14.65
20        feet; thence southerly along a  line  parallel  with  the
21        said  westerly  line  of Lots 83 through 87 inclusive and
22        14.38 feet easterly, 139.45  feet;  thence  southwesterly
23        along a line which ends in the southerly line of said Lot
24        84  extended  westerly,  85.35  feet  westerly  from  the
25        southwest  corner  of  said Lot 84; thence easterly along
26        said southerly line to the westerly right-of-way  of  Des
27        Plaines  River Road; thence northerly along said westerly
28        right-of-way line to the said northerly line of the  Toll
29        Road; thence south 52 degrees 07 minutes 21 seconds east,
30        along  said  right-of-way  to  the centerline of said Des
31        Plaines River Road; thence south 11 degrees 06 minutes 48
32        seconds west, along said centerline,  1.47  feet;  thence
33        south  55  degrees 56 minutes 09 seconds east, continuing
34        along the said northeasterly  right-of-way  line  of  the
 
SB745 Engrossed             -1494-             LRB9101253EGfg
 1        Toll  Road  (said line also being the south line of Lot 1
 2        in  Rosemont  Industrial  Center  per   Document   Number
 3        20066369),  411.98  feet;  thence  south  61  degrees  51
 4        minutes  06  seconds  east,  continuing  along  the  said
 5        northeasterly  right-of-way  line  of the Toll Road (said
 6        line also being along the south line of Lots 1, 2, and  5
 7        in  said  Rosemont Industrial Center), 599.13 feet to the
 8        southeast corner of said Lot 5; thence north  12  degrees
 9        45  minutes 47 seconds east, along the east lines of Lots
10        3 and 5 in said Rosemont Industrial Center, 424.40  feet;
11        thence north 33 degrees 51 minutes 39 seconds east, along
12        the  east  lines  of  Lots  3  and 4 in the said Rosemont
13        Industrial Center, 241.42 feet to the northeast corner of
14        said Lot 4; thence north 33 degrees 51 minutes 40 seconds
15        east, 189.38 feet to the center of said Section 3; thence
16        north 2 degrees 42 minutes 55  seconds  east,  along  the
17        east  line  of  the  northwest quarter of said Section 3,
18        375.90 feet to the point of intersection with  the  south
19        line  of  Higgins  Road,  as  widened per Document Number
20        11045055; the next three courses  being  along  the  said
21        south  right-of-way line of Higgins Road; thence north 64
22        degrees 30 minutes 51 seconds west,  53.65  feet;  thence
23        northwesterly, 436.47 feet along an arc of a circle whose
24        radius   is   1,482.69  feet  and  being  convex  to  the
25        southwest; thence north 47 degrees 57 minutes 51  seconds
26        west, 73.57 feet; thence northeasterly, along an arc of a
27        circle  whose radius is 5,679.65 feet and being convex to
28        the  northeast,  to  a  point  of  intersection  of  said
29        southerly  right-of-way   of   Higgins   Road   and   the
30        southeasterly line of the land conveyed to James H. Lomax
31        by  Document  Number  1444990; thence northeasterly along
32        said southeasterly line extended, 197 feet to the  center
33        line of the Des Plaines River; thence north 49 degrees 11
34        minutes 20 seconds west 325.90 feet; thence continuing in
 
SB745 Engrossed             -1495-             LRB9101253EGfg
 1        the  said  center line of the Des Plaines River, north 27
 2        degrees 56 minutes 17 seconds west  370.53  feet;  thence
 3        north  12  degrees 10 minutes 40 seconds east, 16.0 feet;
 4        thence southwesterly along said southeasterly line of Lot
 5        7 extended in Gerhart Huehl  Estates  Division,  to  said
 6        place of beginning;
 7             Plus,
 8             That  part of the West half of the Northwest quarter
 9        of Section 3, Township 40 North, Range  12  East  of  the
10        Third  Principal  Meridian,  in  Cook  County,  Illinois,
11        described as follows:
12             Beginning  at  the intersection of the South line of
13        Devon Avenue with the East line of Shafer Court  being  a
14        point   281.01   feet  East  of  the  West  line  of  the
15        aforementioned West half  of  the  Northwest  quarter  of
16        Section  33; thence Southerly along the East line of said
17        Shafer Court, 193.91 feet to the South line of Lot  3  in
18        Gerhart  Huehl  Estate  Division  according  to  the plat
19        thereof recorded June 3, 1910, as Document 4572711, being
20        a point 241.74 feet East of the aforementioned West  half
21        of the Northwest quarter of Section 33; thence East along
22        the South line of said Lot 3, a distance of 508.5 feet to
23        a point 487.69 feet West of the centerline of River Road;
24        thence  continuing easterly along the last described line
25        as extended to  the  west  line  of  River  Road;  thence
26        northerly  along the west line of River Road to the South
27        line of Devon Avenue; thence  westerly  along  the  south
28        line of Devon Avenue to the point of beginning;
29             Plus,
30             That  part  of  the  Southwest quarter of Section 3,
31        Township 40 North, Range 12 East of the  Third  Principal
32        Meridian, in Cook County, Illinois, described as follows:
33             Beginning   at  the  Southeast  corner  of  Rosemont
34        Industrial Center, being a subdivision recorded  February
 
SB745 Engrossed             -1496-             LRB9101253EGfg
 1        17, 1967 as Document 20066369; thence Northwesterly along
 2        the  South  line of Rosemont Industrial Center aforesaid,
 3        and said South line extended  to  the  Westerly  line  of
 4        River  Road to the South; thence Southwesterly along said
 5        Westerly line, to  the  North  line  of  Interstate  290;
 6        thence  Easterly  along said North line, to the West line
 7        of property owned by the Forest  Preserve;  thence  along
 8        and  then  Northerly  along  the  irregular  West line of
 9        property owned by the Forest Preserve and extended across
10        the  Interstate  290  right-of-way,  to  the   point   of
11        beginning;
12             Plus,
13             The  Northerly  90  feet of Lot 2 in Glen J. Nixon's
14        Subdivision of part of Lot 15 in Assessor's  Division  of
15        part  of  Section 3, Township 40 North, Range 12, East of
16        the Third  Principal  Meridian,  according  to  the  plat
17        thereof  recorded  March 1, 1966 as Document 19753046, in
18        Cook County, Illinois, (except therefrom that  part  used
19        for River Road), all in Cook County.
20             AREA 1:
21             That  part  of the South West Quarter of Section 33,
22        Township 41 North, Range 12 East of the  third  Principal
23        Meridian,  lying North of a line 575 feet north (measured
24        at 90 degrees) of the  South  line  of  said  South  West
25        Quarter,  lying West of a line 451.45 feet East (measured
26        at 90 degrees) of  the  West  line  of  said  South  West
27        Quarter  and  South  of  the  center line of Higgins Road
28        (except  parts  taken  or  used  for  highway   purposes,
29        including the land taken by condemnation in Case No. 65 L
30        8179 Circuit Court of Cook County, Illinois, described as
31        follows:  That  part of the South West Quarter of Section
32        33, Township  41  North,  Range  12  East  of  the  Third
33        Principal  Meridian,  bounded  and  described as follows:
34        Beginning at a point of intersection of the  center  line
 
SB745 Engrossed             -1497-             LRB9101253EGfg
 1        of  Higgins Road, as now located and established with the
 2        West line of the South West Quarter of said  Section  33;
 3        thence  South  along  said  West  line  of the South West
 4        Quarter of said Section, a distance of 560.2  feet  to  a
 5        point  in  the North line of the South 575.0 feet of said
 6        South West Quarter of said Section 33; thence East  along
 7        said North line of the South 575.0 feet of the South West
 8        Quarter  of said Section 33, a distance of 45.0 feet to a
 9        point; thence Northeasterly in a straight line a distance
10        of 179.27 feet to  a  point,  distance  50.0  feet  East,
11        measured  at right angles from the West line of the South
12        West Quarter of said Section 33; thence Northeasterly  in
13        a  straight  line  a  distance of 187.38 feet to a point,
14        distant 62.0 feet East, measured  at  right  angles  from
15        said  West line of the South West Quarter of said Section
16        33; thence North parallel with the said West line of  the
17        South West Quarter of said Section 33 a distance of 44.74
18        feet  to a point of curvature; thence Northeasterly along
19        a curved line, concave to the Southeast, having a  radius
20        of  50.0  feet  and  a  central  angle  of 107 degrees 28
21        minutes, a distance of 93.73 feet to a point of tangency,
22        distant 50.0 feet Southwest measured at right angles from
23        the center line of  Higgins  Road;  thence  Southeasterly
24        parallel with the center line of Higgins Road, a distance
25        of  345.09  feet  to a point on a line distant, 16.0 feet
26        west of the east line of the  west  467.34  feet  of  the
27        South  West Quarter of said Section 33; thence North in a
28        straight line a distance of 58.71 feet to a point on said
29        center line of Higgins Road; thence  Northwesterly  along
30        said  center  line  of  Higgins Road a distance of 478.23
31        feet to the place of beginning) in Cook County, Illinois.
32             AREA 2:
33             That part of the  South  West  1/4  of  Section  33,
34        Township  41 North, Range 12, East of the Third Principal
 
SB745 Engrossed             -1498-             LRB9101253EGfg
 1        Meridian, lying West of the West Right of Way Line of the
 2        Minneapolis, St.  Paul  and  Sault  Ste.  Marie  Railroad
 3        (formerly  the  Chicago and Wisconsin Railroad) and South
 4        of the center line of Higgins Road (except therefrom  the
 5        South 200 feet of the West 467.84 feet of said South West
 6        1/4  and also excepting therefrom that part of said South
 7        West 1/4 lying North of the North line of the  South  575
 8        feet  of  said  South West 1/4 and West of a line 16 feet
 9        West of and parallel with the West line of the  Tract  of
10        land described in a Deed dated May 22, 1929, and recorded
11        July  9,  1929,  as  Document  Number 10422646 (the Tract
12        described in said Deed being the East 10  acres  of  that
13        part  of  the  South  West 1/4 of Section 33, Township 41
14        North, Range 12, East of  the Third  Principal  Meridian,
15        lying  South  of the Center line of Higgins Road and West
16        of the West line extended North to  the  center  of  said
17        Higgins  Road  of the East 20.62 chains of the North West
18        1/4 of Section 4, Township 40 North, Range  12,  East  of
19        the  Third  Principal  Meridian  (excepting therefrom the
20        right of way of the Minneapolis, St. Paul and Sault  Ste.
21        Marie   Railroad,  formerly  the  Chicago  and  Wisconsin
22        Railroad) and also excepting the South  50  feet  of  the
23        said  South  West  1/4 lying East of the West 467.84 feet
24        thereof) and also excepting  that  portion  of  the  land
25        condemned  for  the widening of Higgins Road and Mannheim
26        Road in Case Number 65 L7109, in Cook County, Illinois.
27             AREA 3:
28             The North 150 feet of the South  200  feet  of  that
29        part  of  the  South  West 1/4 of Section 33, Township 41
30        North, Range 12 East  of  the  Third  Principal  Meridian
31        (except   the   East   10   acres   conveyed   by  George
32        Deamantopulas and others, to Krowka by Document 10422646)
33        lying South of the Center of Higgins Road (so called) and
34        West of the West line extended North to center of Higgins
 
SB745 Engrossed             -1499-             LRB9101253EGfg
 1        Road of East 20.62  chains  in  the  North  West  1/4  of
 2        Section  4, Township 40 North, Range 12 East of the Third
 3        Principal Meridian (except the Right of  Way  of  Chicago
 4        and Wisconsin Railroad) in Cook County, Illinois.
 5             AREA 4:
 6             That  part  of  the Southwest quarter of Section 33,
 7        Township 41 North, Range 12 East of the  Third  Principal
 8        Meridian, in Cook County, Illinois, described as follows:
 9             Beginning  at  the intersection of the South line of
10        the Southwest quarter of Section 33  aforesaid  with  the
11        West  line,  extended  South,  of  Lot  7 in Frederick H.
12        Bartlett's  Higgins  Road  Farms,  being  a   subdivision
13        recorded  December  8,  1938 as Document 12246559; thence
14        North along the aforementioned West line of Lot 7, to the
15        center line of Higgins Road; thence  Westerly  along  the
16        center line of Higgins Road, to the Westerly right-of-way
17        line  of  the  Minneapolis, St. Paul and Sault Ste. Marie
18        Railroad;   thence   Southerly   along   said    Westerly
19        right-of-way  line,  to  the  South line of the Southwest
20        quarter of Section 33 aforesaid; thence East  along  said
21        South line to the point of beginning.
22             Area 5
23             The North 195.00 feet of the west 365.67 feet of the
24        West  1/2  of the Northeast 1/4 of Section 4, Township 40
25        North, Range 12 East of the Third Principal Meridian.
26             And also
27             The  north  50.00  feet  of  the  East  1/2  of  the
28        Northwest 1/4 of said Section 4 (except that  part  lying
29        westerly   of  the  easterly  right-of-way  line  of  the
30        Wisconsin  Central  Railroad,  formerly  known   as   the
31        Minneapolis, St. Paul and Sault Ste. Marie Railroad), the
32        east 40.00 feet of the north 195.00 feet except the north
33        50.00 feet thereof of said East 1/2, and all that part of
34        said  East  1/2  described  as follows:  Beginning at the
 
SB745 Engrossed             -1500-             LRB9101253EGfg
 1        northwest  corner  of  Origer  and  Davis'  Addition   to
 2        Rosemont, being a subdivision of part of said 1/4 Section
 3        according  to  the  plat thereof recorded May 27, 1963 as
 4        Document  Number  18807143,  in  Cook  County,  Illinois;
 5        thence  westerly  along  the  northerly  line   of   said
 6        Subdivision  extended  westerly to said easterly Railroad
 7        right-of-way  line;  thence  northwesterly   along   said
 8        right-of-way  line  to  the southerly line of north 50.00
 9        feet of said 1/4  Section;  thence  easterly  along  said
10        southerly  line  to  the  easterly  right-of-way  line of
11        Kirschoff   Avenue;   thence   southerly    along    said
12        right-of-way  line to its intersection with the southerly
13        line of Schullo's Resubdivision extended  easterly,  said
14        Resubdivision  being  a Resubdivision of part of said 1/4
15        section according to the plat thereof recorded  June  17,
16        1960   as   Document  Number  17885160  in  Cook  County,
17        Illinois;  thence  westerly  along  said  southerly  line
18        extended and said southerly line to the southwest  corner
19        of  said  Resubdivision;  thence  northwesterly along the
20        westerly line of  said  Resubdivision  to  the  northwest
21        corner  thereof; thence westerly along the northerly line
22        of  said  Resubdivision  extended  westerly  to  a   line
23        parallel  with  and  40.00  feet easterly of the easterly
24        right-of-way line of said Railroad; thence  northwesterly
25        along said parallel line to said point of beginning.
26             And also
27             That  part  of  the  Southwest  1/4  of  Section 33,
28        Township 41 North, Range 12 East of the  Third  Principal
29        Meridian  lying  southerly  of  the centerline of Higgins
30        Road and easterly of a north line parallel to  the  south
31        line  of  said 1/4 Section, beginning 565.84 feet west of
32        the northeast corner of the Northwest 1/4 of  Section  4,
33        Township  40  North, Range 12 East of the Third Principal
34        Meridian all in Cook County, Illinois.
 
SB745 Engrossed             -1501-             LRB9101253EGfg
 1             That part of the Southwest quarter of Section 3, the
 2        Southeast quarter of Section 4, the Northeast quarter  of
 3        Section  9,  and  the  Northwest  quarter  of Section 10,
 4        Township 40 North, Range 12 East of the  Third  Principal
 5        Meridian,  in  the  Village  of  Rosemont,  Cook  County,
 6        Illinois, described as follows:
 7             Beginning  in the West half of the Northeast quarter
 8        of Section 9 aforesaid, at the intersection of the  South
 9        line  of  61st Street with the Easterly right of way line
10        of  the  Minneapolis,  St.  Paul  and  Sault  Ste.  Marie
11        Railroad right-of-way; thence East along the  South  line
12        of  61st  Street  and its Easterly extension, to the East
13        line of Pearl Street; thence North along the East line of
14        Pearl Street to the South line  of  62nd  Street;  thence
15        East  along the South line of 62nd Street to the Westerly
16        right-of-way line of the Illinois State Toll Road; thence
17        Southerly along the Westerly  right-of-way  line  of  the
18        Toll Road to a point on a Westerly extension of the South
19        line  of  Allen  Avenue;  thence East along said Westerly
20        extension, and along the South line of  Allen  Avenue  to
21        the West line of Otto Avenue; thence South along the West
22        line of Otto Avenue to a point on a Westerly extension of
23        the  North  line  of the South 30 feet of Lot 12 in First
24        Addition to B.L. Carlsen's Industrial Subdivision,  being
25        a  Resubdivision  in  the  Northeast quarter of Section 9
26        aforesaid, according to the plat thereof  recorded  March
27        5,  1962  as  Document  18416079;  thence East along said
28        Westerly extension, and along  the  aforementioned  North
29        line  of the South 30 feet of Lot 12, to the East line of
30        Lot 12; thence North along the East line of Lot 12, being
31        also the East line of the Northeast quarter of Section 9,
32        to the North line of Owner's Division of parts of Lots  4
33        and  5  of Henry Hachmeister's Division, in the Northwest
34        quarter of Section 10, aforesaid, according to  the  plat
 
SB745 Engrossed             -1502-             LRB9101253EGfg
 1        thereof  recorded  April  25,  1949 as Document 14539019;
 2        thence East along the North line of said Owner's Division
 3        to the West line of  Lot  3  in  said  Owner's  Division;
 4        thence  South  along  the  West  line  of  Lot  3  to the
 5        Southwest corner thereof; thence  East  along  the  South
 6        line  of  Lot  3 to the Northwest corner of Lot 4 in said
 7        Owner's Division; thence South along the West line of Lot
 8        4 to the Southwest corner thereof; thence East along  the
 9        South  line  of  Lot  4,  and  said  South  line extended
10        Easterly, to the Easterly right  of  way  line  of  River
11        Road;  thence  Northerly along the Easterly line of River
12        Road to the South line  of  Crossroads  Industrial  Park,
13        being  a  Subdivision in the Northwest quarter of Section
14        10 aforesaid, according  to  the  plat  thereof  recorded
15        August  8,  1957  as Document 16980725; thence East along
16        the South line of said Crossroads Industrial Park to  the
17        Southeast  corner thereof; thence Northeasterly along the
18        Easterly line of said  Crossroads  Industrial  Park,  and
19        said  Easterly  line  extended, to the North line of Bryn
20        Mawr Avenue,  in  the  Southwest  quarter  of  Section  3
21        aforesaid;  thence  Northerly  along the Westerly line of
22        the Forest Preserve  District  of  Cook  County,  to  the
23        Southerly  right-of-way  line  of the Kennedy Expressway,
24        thence   west   along   and   following   the   southerly
25        right-of-way  line  of  the  Kennedy  Expressway  to  the
26        Easterly right-of-way line of the Minneapolis, St.  Paul,
27        and   Sault  Ste.  Marie  Railroad  right-of-way;  thence
28        Southeasterly along said Easterly  right-of-way  line  to
29        the point of beginning;
30             (69)  for  a  period of one year after the effective
31        date of this amendatory Act  of  1998,  by  the  City  of
32        Evanston  for  the acquisition for redevelopment purposes
33        of the real property legally described as:
34                  Lots 5 and 6 in Dempster's Subdivision of Block
 
SB745 Engrossed             -1503-             LRB9101253EGfg
 1             66 in the Village (now  City)  of  Evanston  in  the
 2             South  West  1/4  of  Section 18, Township 41 North,
 3             Range 14 East of the Third  Principal  Meridian,  in
 4             Cook  County,  Illinois and commonly known as 906-08
 5             Church Street, Evanston, Illinois; and
 6                  Lots 7, 8, 9, 10,  11,  and  12  in  Dempster's
 7             Subdivision  of  Block  66  in Village (now City) of
 8             Evanston, in the  South  West  1/4  of  Section  18,
 9             Township  41  North,  Range  14  East  of  the Third
10             Principal Meridian, in  Cook  County,  Illinois  and
11             commonly  known  as 910-926 Church Street, Evanston,
12             Illinois.
13             (58)  for a period from the effective date  of  this
14        amendatory  Act  of  1998  to  August  30,  2000,  by the
15        Southwestern Illinois Development Authority  pursuant  to
16        the Southwestern Illinois Development Authority Act for a
17        project as defined in Section 3 of that Act.
18        (b)  In   a  proceeding  subject  to  this  Section,  the
19    plaintiff, at any time after the complaint has been filed and
20    before judgment is entered in  the  proceeding,  may  file  a
21    written  motion  requesting  that,  immediately  or  at  some
22    specified later date, the plaintiff either be vested with the
23    fee   simple  title  (or  such  lesser  estate,  interest  or
24    easement, as may  be  required)  to  the  real  property,  or
25    specified  portion  thereof,  which  is  the  subject  of the
26    proceeding, and be authorized to take possession of  and  use
27    such  property;  or  only be authorized to take possession of
28    and to use such property, if such possession and use, without
29    the vesting of title, are sufficient to permit the  plaintiff
30    to  proceed with the project until the final ascertainment of
31    compensation; however, no land or interests  therein  now  or
32    hereafter  owned, leased, controlled or operated and used by,
33    or necessary for the actual operation of, any common  carrier
34    engaged  in  interstate commerce, or any other public utility
 
SB745 Engrossed             -1504-             LRB9101253EGfg
 1    subject  to  the  jurisdiction  of  the   Illinois   Commerce
 2    Commission,  shall  be taken or appropriated hereunder by the
 3    State of Illinois, the Illinois Toll Highway  Authority,  the
 4    sanitary  district,  the  St. Louis Metropolitan Area Airport
 5    Authority or the Board  of  Trustees  of  the  University  of
 6    Illinois   without   first  securing  the  approval  of  such
 7    Commission.
 8        Except as hereinafter stated, the motion for taking shall
 9    state: (1) an accurate description of the property  to  which
10    the  motion  relates  and the estate or interest sought to be
11    acquired therein; (2) the formally adopted schedule  or  plan
12    of  operation  for  the execution of the plaintiff's project;
13    (3) the  situation  of  the  property  to  which  the  motion
14    relates,  with  respect  to  the  schedule  or  plan; (4) the
15    necessity for taking such property in the manner requested in
16    the  motion;  and  (5)  if  the  property  (except   property
17    described in Section 3 of the Sports Stadium Act, or property
18    described as Site B in Section 2 of the Metropolitan Pier and
19    Exposition  Authority  Act)  to  be  taken  is owned, leased,
20    controlled or operated and used  by,  or  necessary  for  the
21    actual  operation  of, any interstate common carrier or other
22    public utility subject to the jurisdiction  of  the  Illinois
23    Commerce  Commission,  a  statement  to  the  effect that the
24    approval of such proposed taking has been secured  from  such
25    Commission,  and attaching to such motion a certified copy of
26    the order of such Commission granting such approval.  If  the
27    schedule  or  plan of operation is not set forth fully in the
28    motion, a copy of such schedule or plan shall be attached  to
29    the motion.
30    (Source: P.A.  89-29,  eff.  6-23-95;  89-134,  eff. 7-14-95;
31    89-343, eff. 8-17-95;  89-356,  eff.  8-17-95;  89-445,  eff.
32    2-7-96;  89-460,  eff. 5-24-96; 89-494, eff. 6-21-96; 89-502,
33    eff. 6-28-96; 89-504,  eff.  6-28-96;  89-592,  eff.  8-1-96;
34    89-626,  eff.  8-9-96;  89-683,  eff.  6-1-97;  89-699,  eff.
 
SB745 Engrossed             -1505-             LRB9101253EGfg
 1    1-16-97;  90-6, eff. 6-3-97; 90-14, eff. 7-1-97; 90-232, eff.
 2    7-25-97; 90-370, eff. 8-14-97; 90-581, eff. 5-22-98;  90-655,
 3    eff. 7-30-98; 90-663, eff. 7-30-98.)

 4        (735 ILCS 5/7-103.1 new)
 5        Sec.  7-103.1.  Quick-take; highway purposes.  Quick-take
 6    proceedings under Section 7-103 may be used by the  State  of
 7    Illinois,  the  Illinois  Toll  Highway  Authority or the St.
 8    Louis Metropolitan Area Airport Authority for the acquisition
 9    of land or interests therein for highway purposes.

10        (735 ILCS 5/7-103.3 new)
11        Sec.  7-103.3.  Quick-take;  coal  development  purposes.
12    Quick-take proceedings under Section 7-103 may be used by the
13    Department of Commerce and Community Affairs for the  purpose
14    specified in the Illinois Coal Development Bond Act.

15        (735 ILCS 5/7-103.5 new)
16        Sec.  7-103.5.  Quick-take;  St.  Louis Metropolitan Area
17    Airport Authority  purposes.   Quick-take  proceedings  under
18    Section  7-103  may  be used for the purpose specified in the
19    St. Louis Metropolitan Area Airport Authority Act.

20        (735 ILCS 5/7-103.6 new)
21        Sec.    7-103.6.  Quick-take;    Southwestern    Illinois
22    Development Authority purposes.  Quick-take proceedings under
23    Section 7-103 may be used for a period of 24 months after May
24    24, 1996, by the Southwestern Illinois Development  Authority
25    pursuant  to  the Southwestern Illinois Development Authority
26    Act.

27        (735 ILCS 5/7-103.7 new)
28        Sec. 7-103.7.  Quick-take; Quad Cities Regional  Economic
29    Development Authority purposes.  Quick-take proceedings under
 
SB745 Engrossed             -1506-             LRB9101253EGfg
 1    Section  7-103  may  be  used  for  a period of 3 years after
 2    December 30, 1987,  by  the  Quad  Cities  Regional  Economic
 3    Development  Authority (except for the acquisition of land or
 4    interests therein that is farmland, or upon which is situated
 5    a farm dwelling and appurtenant structures, or upon which  is
 6    situated  a residence, or which is wholly within an area that
 7    is zoned for residential use) pursuant  to  the  Quad  Cities
 8    Regional Economic Development Authority Act.

 9        (735 ILCS 5/7-103.8 new)
10        Sec. 7-103.8.  Quick-take; Metropolitan Water Reclamation
11    District  purposes.   Quick-take  proceedings  under  Section
12    7-103  may  be  used by a sanitary district created under the
13    Metropolitan  Water  Reclamation   District   Act   for   the
14    acquisition   of  land  or  interests  therein  for  purposes
15    specified in that Act.

16        (735 ILCS 5/7-103.9 new)
17        Sec. 7-103.9.  Quick-take;  rail  carriers.    Quick-take
18    proceedings under Section 7-103 may be used by a rail carrier
19    within  the  time  limitations  and  subject to the terms and
20    conditions set forth in  Section  18c-7501  of  the  Illinois
21    Vehicle Code.

22        (735 ILCS 5/7-103.10 new)
23        Sec.     7-103.10.  Quick-take;     water    commissions.
24    Quick-take proceedings under Section 7-103 may be used for  a
25    period  of  18 months after January 26, 1987, for the purpose
26    specified in Division 135  of  Article  11  of  the  Illinois
27    Municipal  Code,  by  a commission created under Section 2 of
28    the Water Commission Act of 1985.

29        (735 ILCS 5/7-103.11 new)
30        Sec. 7-103.11.  Quick-take;  refuse-derived  fuel  system
 
SB745 Engrossed             -1507-             LRB9101253EGfg
 1    purposes.   Quick-take proceedings under Section 7-103 may be
 2    used by a village containing a population of less than 15,000
 3    for the purpose of acquiring property to be used for a refuse
 4    derived  fuel  system    designed  to  generate   steam   and
 5    electricity, and for industrial development that will utilize
 6    such  steam  and electricity, pursuant to Section 11-19-10 of
 7    the Illinois Municipal Code.

 8        (735 ILCS 5/7-103.12 new)
 9        Sec. 7-103.12.  Quick-take; certain  municipal  purposes.
10    Quick-take  proceedings under Section 7-103 may be used after
11    receiving the prior  approval  of  the  City  Council,  by  a
12    municipality having a population of more than 500,000 for the
13    purposes set forth in Section 11-61-1a and Divisions 74.2 and
14    74.3  of  Article  11 of the Illinois Municipal Code, and for
15    the same purposes when  established  pursuant  to  home  rule
16    powers.

17        (735 ILCS 5/7-103.13 new)
18        Sec.  7-103.13.  Quick-take;  enterprise  zone  purposes.
19    Quick-take  proceedings  under Section 7-103 may be used by a
20    home rule municipality, after a public hearing  held  by  the
21    corporate  authorities  or  by  a  committee of the corporate
22    authorities and after approval by a majority of the corporate
23    authorities, within an area designated as an enterprise  zone
24    by the municipality under the Illinois Enterprise Zone Act.

25        (735 ILCS 5/7-103.14 new)
26        Sec.  7-103.14.  Quick-take;  Illinois  Sports Facilities
27    Authority purposes.   Quick-take  proceedings  under  Section
28    7-103 may be used by the Illinois Sports Facilities Authority
29    for  the  purpose  specified  in  Section  12 of the Illinois
30    Sports Facilities Authority Act.
 
SB745 Engrossed             -1508-             LRB9101253EGfg
 1        (735 ILCS 5/7-103.15 new)
 2        Sec.  7-103.15.  Quick-take;  sports  stadium   purposes.
 3    Quick-take  proceedings  under Section 7-103 may be used by a
 4    municipality having a population of more than  2,000,000  for
 5    the  purpose of acquiring the property described in Section 3
 6    of the Sports Stadium Act.

 7        (735 ILCS 5/7-103.16 new)
 8        Sec.  7-103.16.  Quick-take;  University   of   Illinois.
 9    Quick-take  proceedings under Section 7-103 may be used for a
10    period of 18 months after July 29, 1986, in any proceeding by
11    the Board of Trustees of the University of Illinois  for  the
12    acquisition  of land in Champaign County or interests therein
13    as a site for a building or for any educational purpose.

14        (735 ILCS 5/7-103.17 new)
15        Sec.  7-103.17.  Quick-take;  industrial  harbour   port.
16    Quick-take  proceedings under Section 7-103 may be used for a
17    period of 2  years  after  July  1,  1990,  by  a  home  rule
18    municipality  and a county board, upon approval of a majority
19    of the corporate authorities of both the county board and the
20    municipality, within an area designated as an enterprise zone
21    by  the  municipality  and  the  county  board   through   an
22    intergovernmental  agreement  under  the  Illinois Enterprise
23    Zone Act, when the purpose of the condemnation proceeding  is
24    to  acquire land for the construction of an industrial harbor
25    port, and when the total amount of land to  be  acquired  for
26    that  purpose  is  less  than 75 acres and is adjacent to the
27    Illinois River.

28        (735 ILCS 5/7-103.18 new)
29        Sec. 7-103.18.  Quick-take; airport  authority  purposes.
30    Quick-take  proceedings under Section 7-103 may be used by an
31    airport authority located solely  within  the  boundaries  of
 
SB745 Engrossed             -1509-             LRB9101253EGfg
 1    Madison  County, Illinois, and which is organized pursuant to
 2    the provisions of the Airport Authorities Act,  (i)  for  the
 3    acquisition  of  160  acres,  or  less,  of land or interests
 4    therein for the purposes specified in that Act which  may  be
 5    necessary  to  extend,  mark,  and  light  runway 11/29 for a
 6    distance of 1600 feet in length by 100  feet  in  width  with
 7    parallel  taxiway,  to  relocate  and mark County Highway 19,
 8    Madison County, known  as  Moreland  Road,  to  relocate  the
 9    instrument  landing  system  including  the approach lighting
10    system and to  construct  associated  drainage,  fencing  and
11    seeding  required  for  the  foregoing project and (ii) for a
12    period  of  6  months  after  December  28,  1989,  for   the
13    acquisition  of  75  acres,  or  less,  of  land or interests
14    therein for the purposes specified in that Act which  may  be
15    necessary  to  extend, mark and light the south end of runway
16    17/35 at such airport.

17        (735 ILCS 5/7-103.19 new)
18        Sec.   7-103.19.  Quick-take;   Little   Calumet   River.
19    Quick-take proceedings under Section 7-103 may be used by any
20    unit of local government for a  permanent  easement  for  the
21    purpose  of  maintaining,  dredging  or  cleaning  the Little
22    Calumet River.

23        (735 ILCS 5/7-103.20 new)
24        Sec.  7-103.20.  Quick-take;  Salt  Creek.     Quick-take
25    proceedings  under  Section  7-103 may be used by any unit of
26    local government for a permanent easement for the purpose  of
27    maintaining,  dredging  or  cleaning the Salt Creek in DuPage
28    County.

29        (735 ILCS 5/7-103.21 new)
30        Sec.  7-103.21.  Quick-take;  Scott   Air   Force   Base.
31    Quick-take proceedings under Section 7-103 may be used by St.
 
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 1    Clair  County,  Illinois,  for the development of a joint use
 2    facility at Scott Air Force Base.

 3        (735 ILCS 5/7-103.22 new)
 4        Sec.   7-103.22.  Quick-take;    Village    of    Summit.
 5    Quick-take proceedings under Section 7-103 may be used by the
 6    Village  of  Summit, Illinois, to acquire land for a waste to
 7    energy plant.

 8        (735 ILCS 5/7-103.23 new)
 9        Sec.  7-103.23.  Quick-take;  Chanute  Air  Force   Base.
10    Quick-take  proceedings under Section 7-103 may be used for a
11    period  of  15  months  after  September  7,  1990,  by   the
12    Department   of  Transportation  or  by  any  unit  of  local
13    government  under   the   terms   of   an   intergovernmental
14    cooperation    agreement    between    the    Department   of
15    Transportation and the  unit  of  local  government  for  the
16    purpose  of  developing  aviation  facilities  in  and around
17    Chanute Air Force Base in Champaign County, Illinois.

18        (735 ILCS 5/7-103.24 new)
19        Sec.  7-103.24.  Quick-take;  Morris  Municipal  Airport.
20    Quick-take proceedings under Section 7-103 may be used for  a
21    period  of  1  year  after  December 12, 1990, by the City of
22    Morris for the development of the Morris Municipal Airport.

23        (735 ILCS 5/7-103.25 new)
24        Sec.  7-103.25.  Quick-take;  Greater  Rockford   Airport
25    Authority.  Quick-take proceedings under Section 7-103 may be
26    used  for  a  period  of  1  year after June 19, 1991, by the
27    Greater Rockford  Airport  Authority  for  airport  expansion
28    purposes.

29        (735 ILCS 5/7-103.26 new)
 
SB745 Engrossed             -1511-             LRB9101253EGfg
 1        Sec.  7-103.26.  Quick-take;  Aurora  Municipal  Airport.
 2    Quick-take  proceedings under Section 7-103 may be used for a
 3    period of 24 months after June  30,  1991,  by  the  City  of
 4    Aurora  for  completion  of  an instrument landing system and
 5    construction of an east-west runway at the  Aurora  Municipal
 6    Airport.

 7        (735 ILCS 5/7-103.27 new)
 8        Sec.   7-103.27.  Quick-take;   Metropolitan   Pier   and
 9    Exposition  Authority purposes.  Quick-take proceedings under
10    Section  7-103  may  be  used  for  the  acquisition  by  the
11    Metropolitan  Pier  and  Exposition  Authority  of   property
12    described  in subsection (f) of Section 5 of the Metropolitan
13    Pier  and  Exposition  Authority  Act  for  the  purposes  of
14    providing  additional  grounds,  buildings,  and   facilities
15    related   to  the  purposes  of  the  Metropolitan  Pier  and
16    Exposition Authority.

17        (735 ILCS 5/7-103.28 new)
18        Sec. 7-103.28.  Quick-take; road realignment.  Quick-take
19    proceedings under Section 7-103 may be used for a  period  of
20    24 months after March 1, 1992, by the Village of Wheeling and
21    the  City  of  Prospect  Heights,  owners  of  the  Palwaukee
22    Municipal  Airport,  to allow for the acquisition of right of
23    way to complete the realignment of Hintz Road and Wolf Road.

24        (735 ILCS 5/7-103.29 new)
25        Sec.  7-103.29.  Quick-take;  Bloomington-Normal  Airport
26    Authority.  Quick-take proceedings under Section 7-103 may be
27    used for a period of one year from the effective date of this
28    amendatory Act of 1992,  by  the  Bloomington-Normal  Airport
29    Authority for airport expansion purposes.

30        (735 ILCS 5/7-103.30 new)
 
SB745 Engrossed             -1512-             LRB9101253EGfg
 1        Sec.  7-103.30.  Quick-take;  Lake-Cook Road.  Quick-take
 2    proceedings under Section 7-103 may be used for a  period  of
 3    24  months  after  September  10,  1993,  by  the Cook County
 4    Highway   Department   and   Lake   County   Department    of
 5    Transportation  to  allow  for  the  acquisition of necessary
 6    right-of-way for construction of  underpasses  for  Lake-Cook
 7    Road  at  the Chicago Northwestern Railroad crossing, west of
 8    Skokie Boulevard, and the Chicago, Milwaukee,  St.  Paul  and
 9    Pacific Railroad crossing, west of Waukegan Road.

10        (735 ILCS 5/7-103.31 new)
11        Sec.    7-103.31.  Quick-take;    Arcola/Tuscola    Water
12    Transmission  Pipeline Project.  Quick-take proceedings under
13    Section 7-103 may be used for a  period  of  one  year  after
14    December  23,  1993,  by  the  City of Arcola and the City of
15    Tuscola for  the  development  of  the  Arcola/Tuscola  Water
16    Transmission     Pipeline    Project    pursuant    to    the
17    intergovernmental agreement between the City  of  Arcola  and
18    the City of Tuscola.

19        (735 ILCS 5/7-103.32 new)
20        Sec.     7-103.32.  Quick-take;     Bensenville    Ditch.
21    Quick-take proceedings under Section 7-103 may be used for  a
22    period of 24 months from December 23, 1993, by the Village of
23    Bensenville  for  the  acquisition  of  property  bounded  by
24    Illinois  Route  83  to  the  west  and  O'Hare International
25    Airport to the east to complete a flood control project known
26    as the Bensenville Ditch.

27        (735 ILCS 5/7-103.33 new)
28        Sec. 7-103.33.  Quick-take;  Medical  Center  Commission.
29    Quick-take  proceedings under Section 7-103 may be used for a
30    period of 9 months after November 1,  1993,  by  the  Medical
31    Center Commission for the purpose of acquiring a site for the
 
SB745 Engrossed             -1513-             LRB9101253EGfg
 1    Illinois State Police Forensic Science Laboratory at Chicago,
 2    on  the block bounded by Roosevelt Road on the north, Wolcott
 3    Street on the east, Washburn Street on the south,  and  Damen
 4    Avenue on the west in Chicago, Illinois.

 5        (735 ILCS 5/7-103.34 new)
 6        Sec.  7-103.34.  Quick-take;  White  County.   Quick-take
 7    proceedings under Section 7-103 may be used for a  period  of
 8    36  months  after  July  14,  1995,  by  White County for the
 9    acquisition of a 3 1/2 mile section of Bellaire  Road,  which
10    is  described  as follows: Commencing at the Northwest Corner
11    of the Southeast 1/4 of Section 28, Township 6  South,  Range
12    10  East  of  the  3rd  Principal Meridian; thence South to a
13    point at the Southwest Corner of the Southeast 1/4 of Section
14    9, Township 7 South, Range  10  East  of  the  3rd  Principal
15    Meridian.

16        (735 ILCS 5/7-103.35 new)
17        Sec.  7-103.35.  Quick-take;  Indian  Creek Flood Control
18    Project.
19        (a)  Quick-take proceedings under Section  7-103  may  be
20    used  for  a  period  of one year after July 14, 1995, by the
21    City of Aurora for permanent and temporary  easements  except
22    over  land  adjacent  to  Indian  Creek and west of Selmarten
23    Creek located within the City of Aurora for the  construction
24    of Phase II of the Indian Creek Flood Control Project.
25        (b)  Quick-take  proceedings  under  Section 7-103 may be
26    used for a period beginning June 24, 1995 (the day  following
27    the  effective  date  of Public Act 89-29) and ending on July
28    13, 1995 (the day preceding the effective date of Public  Act
29    89-134),  by  the  City of Aurora for permanent and temporary
30    easements for the construction of  Phase  II  of  the  Indian
31    Creek Flood Control Project.
 
SB745 Engrossed             -1514-             LRB9101253EGfg
 1        (735 ILCS 5/7-103.36 new)
 2        Sec.   7-103.36.  Quick-take;   Grand   Avenue   Railroad
 3    Relocation  Authority.   Quick-take proceedings under Section
 4    7-103 may be used for a period of 6 years from July 14, 1995,
 5    by the Grand Avenue Railroad  Relocation  Authority  for  the
 6    Grand  Avenue  Railroad  Grade  Separation Project within the
 7    Village of Franklin Park, Illinois.

 8        (735 ILCS 5/7-103.37 new)
 9        Sec. 7-103.37.  Quick-take; 135th Street Bridge Project.
10        (a)  Quick-take proceedings under Section  7-103  may  be
11    used  for  a  period  of  3 years after July 14, 1995, by the
12    Village of Romeoville for the  acquisition  of  rights-of-way
13    for  the  135th Street Bridge Project, lying within the South
14    1/2 of Section 34, Township 37 North, Range 10 East  and  the
15    South  1/2 of Section 35, Township 37 North, Range 10 East of
16    the Third Principal Meridian, and the North 1/2 of Section 2,
17    Township 36 North, Range 10 East and the North 1/2 of Section
18    3, Township 36 North, Range 10  East  of  the  3rd  Principal
19    Meridian, in Will County, Illinois.
20        (b)  Quick-take  proceedings  under  Section 7-103 may be
21    used for a period of 3 years after  June  23,  1995,  by  the
22    Illinois  Department of Transportation for the acquisition of
23    rights-of-way for the 135th Street Bridge Project between the
24    Des Plaines River and New Avenue lying within the  South  1/2
25    of  Section 35, Township 37 North, Range 10 East of the Third
26    Principal Meridian  and the North 1/2 of Section 2,  Township
27    36  North,  Range  10  East of the 3rd Principal Meridian, in
28    Will County, Illinois.

29        (735 ILCS 5/7-103.38 new)
30        Sec.    7-103.38.  Quick-take;    Anna-Jonesboro    Water
31    Commission.  Quick-take proceedings under Section  7-103  may
32    be  used  for a period beginning June 24, 1995 (the day after
 
SB745 Engrossed             -1515-             LRB9101253EGfg
 1    the effective date of Public Act 89-29) and ending 18  months
 2    after  July  14,  1995  (the  effective  date  of  Public Act
 3    89-134), by  the  Anna-Jonesboro  Water  Commission  for  the
 4    acquisition  of  land  and  easements for improvements to its
 5    water treatment and storage facilities and water transmission
 6    pipes.

 7        (735 ILCS 5/7-103.39 new)
 8        Sec.   7-103.39.  Quick-take;    City    of    Effingham.
 9    Quick-take  proceedings under Section 7-103 may be used for a
10    period of 36 months after July  14,  1995,  by  the  City  of
11    Effingham  for the acquisition of property which is described
12    as follows:
13        Tract 1:
14             Lots 26 and 27 in Block 4 in  RAILROAD  ADDITION  TO
15        THE  TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
16        thereof recorded in Book "K", Page 769, in the Recorder's
17        Office of Effingham County),  situated  in  the  City  of
18        Effingham, County of Effingham and State of Illinois.
19             Tract 2:
20             The  alley  lying  South  and  adjoining Tract 1, as
21        vacated by Ordinance recorded on July 28,  1937  in  Book
22        183,  Page  465, and all right, title and interest in and
23        to said alley as established by the Contract for Easement
24        recorded on August 4, 1937 in Book 183, Page 472.

25        (735 ILCS 5/7-103.40 new)
26        Sec.   7-103.40.  Quick-take;   Village   of    Palatine.
27    Quick-take  proceedings under Section 7-103 may be used for a
28    period of one year after July 14, 1995,  by  the  Village  of
29    Palatine  for  the  acquisition of property located along the
30    south side of Dundee Road between Rand Road  and  Hicks  Road
31    for redevelopment purposes.


 
SB745 Engrossed             -1516-             LRB9101253EGfg
 1        (735 ILCS 5/7-103.41 new)
 2        Sec.   7-103.41.  Quick-take;  Medical  Center  District.
 3    Quick-take proceedings under Section 7-103 may be used for  a
 4    period  of 6 years after July 1, 1995, for the acquisition by
 5    the Medical Center District of property described in  Section
 6    3  of  the  Illinois Medical District Act within the District
 7    Development Area as described in Section 4 of  that  Act  for
 8    the purposes set forth in that Act.

 9        (735 ILCS 5/7-103.41a new)
10        Sec.    7-103.41a.  Quick-take;    South   Raney   Street
11    Improvement Project Phase I.   Quick-take  proceedings  under
12    Section  7-103  may  be  used for a period of 24 months after
13    June  21,  1996  by  the  City  of  Effingham,  Illinois  for
14    acquisition  of  property  for   the   South   Raney   Street
15    Improvement Project Phase I.

16        (735 ILCS 5/7-103.42 new)
17        Sec.   7-103.42.  Quick-take;   Village   of   Deerfield.
18    Quick-take  proceedings under Section 7-103 may be used for a
19    period of 3 years after June 21,  1996,  by  the  Village  of
20    Deerfield   for  the  acquisition  of  territory  within  the
21    Deerfield Village Center, as designated as of  that  date  by
22    the  Deerfield Comprehensive Plan, with the exception of that
23    area north of Jewett Park Drive (extended)  between  Waukegan
24    Road  and  the  Milwaukee  Railroad Tracks, for redevelopment
25    purposes.

26        (735 ILCS 5/7-103.43 new)
27        Sec. 7-103.43.  Quick-take; City of Harvard.   Quick-take
28    proceedings  under  Section 7-103 may be used for a period of
29    12 months after June 21, 1996, by the City of Harvard for the
30    acquisition of property lying west of Harvard Hills  Road  of
31    sufficient  size to widen the Harvard Hills Road right of way
 
SB745 Engrossed             -1517-             LRB9101253EGfg
 1    and to install and maintain city utility  services  not  more
 2    than 200 feet west of the center line of Harvard Hills Road.

 3        (735 ILCS 5/7-103.44 new)
 4        Sec.  7-103.44.  Quick-take;  Village  of  River  Forest.
 5    Quick-take  proceedings under Section 7-103 may be used for a
 6    period of 5 years after June 21,  1996,  by  the  Village  of
 7    River  Forest,  Illinois, within the area designated as a tax
 8    increment  financing  district  when  the  purpose   of   the
 9    condemnation  proceeding  is  to  acquire land for any of the
10    purposes  contained  in  the  River  Forest   Tax   Increment
11    Financing  Plan or authorized by the Tax Increment Allocation
12    Redevelopment Act, provided that condemnation of any property
13    zoned and used exclusively for residential purposes shall  be
14    prohibited.

15        (735 ILCS 5/7-103.45 new)
16        Sec.   7-103.45.  Quick-take;   Village   of  Schaumburg.
17    Quick-take proceedings under Section 7-103 may be used for  a
18    period  of  18  months after June 28, 1996, by the Village of
19    Schaumburg  for  the  acquisition  of  land,  easements,  and
20    aviation easements for the purpose of  a  public  airport  in
21    Cook  and  DuPage  Counties; provided that if any proceedings
22    under the provisions of this  Article  are  pending  on  that
23    date,   "quick-take"  may  be  utilized  by  the  Village  of
24    Schaumburg.

25        (735 ILCS 5/7-103.46 new)
26        Sec.  7-103.46.  Quick-take;   City   of   Pinckneyville.
27    Quick-take  proceedings under Section 7-103 may be used for a
28    period of one year after  June  28,  1996,  by  the  City  of
29    Pinckneyville  for  the  acquisition of land and easements to
30    provide for improvements to its water treatment  and  storage
31    facilities   and   water  transmission  pipes,  and  for  the
 
SB745 Engrossed             -1518-             LRB9101253EGfg
 1    construction of a sewerage treatment  facility  and  sewerage
 2    transmission  pipes  to  serve  the  Illinois  Department  of
 3    Corrections Pinckneyville Correctional Facility.

 4        (735 ILCS 5/7-103.47 new)
 5        Sec. 7-103.47.  Quick-take; City of Streator.  Quick-take
 6    proceedings under Section 7-103 may be used for a period of 6
 7    months  after  June 28, 1996, by the City of Streator for the
 8    acquisition of property described  as  follows  for  a  first
 9    flush basin sanitary sewer system:
10             Tract  5:  That part of lots 20 and 21 in Block 6 in
11        Moore and Plumb's  addition  to  the  city  of  Streator,
12        Illinois,  lying  south of the right of way of the switch
13        track of the Norfolk and Western Railroad (now abandoned)
14        in the county of LaSalle, state of Illinois;
15             Tract 6:  That part of lots 30, 31 and 32 in Block 7
16        in Moore and Plumb's Addition to the  city  of  Streator,
17        Illinois, lying north of the centerline of Coal Run Creek
18        and  south of the right of way of the switch track of the
19        Norfolk and  Western  Railroad  (now  abandoned)  in  the
20        county of LaSalle, state of Illinois.

21        (735 ILCS 5/7-103.48 new)
22        Sec. 7-103.48.  Quick-take; MetroLink Light Rail System.
23    Quick-take  proceedings under Section 7-103 may be used for a
24    period of 36 months after January 16, 1997, by  the  Bi-State
25    Development  Agency  of  the  Missouri-Illinois  Metropolitan
26    District  for  the  acquisition  of rights of way and related
27    property necessary for the construction and operation of  the
28    MetroLink  Light  Rail  System,  beginning in East St. Louis,
29    Illinois, and terminating at Mid America Airport,  St.  Clair
30    County, Illinois.

31        (735 ILCS 5/7-103.49 new)
 
SB745 Engrossed             -1519-             LRB9101253EGfg
 1        Sec.   7-103.49.  Quick-take;   Village   of  Schaumburg.
 2    Quick-take proceedings under Section 7-103 may be used for  a
 3    period  of  2 years after January 16, 1997, by the Village of
 4    Schaumburg for the acquisition  of  rights-of-way,  permanent
 5    easements,   and  temporary  easements  for  the  purpose  of
 6    improving the Roselle Road/Illinois Route  58/Illinois  Route
 7    72  corridor,  including  rights-of-way  along  Roselle Road,
 8    Remington Road, Valley Lake Drive,  State  Parkway,  Commerce
 9    Drive,  Kristin  Circle, and Hillcrest Boulevard, a permanent
10    easement along Roselle Road, and  temporary  easements  along
11    Roselle  Road,  State  Parkway,  Valley  Lake Drive, Commerce
12    Drive, Kristin  Circle,  and  Hillcrest  Boulevard,  in  Cook
13    County.

14        (735 ILCS 5/7-103.51 new)
15        Sec.   7-103.51.  Quick-take;  Village  of  Bloomingdale.
16    Quick-take proceedings under Section 7-103 may be used for  a
17    period  of  12  months after July 25, 1997, by the Village of
18    Bloomingdale for utility relocations necessitated by the Lake
19    Street Improvement Project on Lake Street between Glen  Ellyn
20    Road and Springfield Drive in the Village of Bloomingdale.

21        (735 ILCS 5/7-103.52 new)
22        Sec. 7-103.52.  Quick-take; City of Freeport.  Quick-take
23    proceedings  under  Section 7-103 may be used for a period of
24    36 months after July 25,  1997,  by  the  City  of  Freeport,
25    owners  of  the Freeport Albertus Municipal Airport, to allow
26    for acquisition of any land, rights, or other property  lying
27    between  East  Lamm  Road  and East Borchers Road to complete
28    realignment of South Hollywood  Road  and  to  establish  the
29    necessary  runway  safety  zone  in  accordance  with Federal
30    Aviation   Administration   and   Illinois   Department    of
31    Transportation design criteria.
 
SB745 Engrossed             -1520-             LRB9101253EGfg
 1        (735 ILCS 5/7-103.53 new)
 2        Sec.  7-103.53.  Quick-take;  Village  of  Elmwood  Park.
 3    Quick-take  proceedings under Section 7-103 may be used for a
 4    period of 3 years after July  1,  1997,  by  the  Village  of
 5    Elmwood   Park  to  be  used  only  for  the  acquisition  of
 6    commercially zoned property within the area designated as the
 7    Tax Increment Redevelopment Project Area by ordinance  passed
 8    and approved on December 15, 1986, as well as to be used only
 9    for the acquisition of commercially zoned property located at
10    the  northwest  corner  of North Avenue and Harlem Avenue and
11    commercially zoned property located at the  southwest  corner
12    of  Harlem  Avenue  and  Armitage  Avenue  for  redevelopment
13    purposes,  as set forth in Division 74.3 of Article 11 of the
14    Illinois Municipal Code.

15        (735 ILCS 5/7-103.54 new)
16        Sec. 7-103.54.  Quick-take; Village of Oak Park.
17        (a)  Quick-take proceedings under Section  7-103  may  be
18    used  for  a  period  of  3 years after July 25, 1997, by the
19    Village of Oak Park for the acquisition of  property  located
20    along the south side of North Avenue between Austin Boulevard
21    and  Harlem  Avenue  or  along  the  north  and south side of
22    Harrison Street between Austin Boulevard and Elmwood  Avenue,
23    not  including  residentially  zoned  properties within these
24    areas, for commercial redevelopment goals.
25        (b)  Quick-take proceedings under Section  7-103  may  be
26    used  for  a  period of 3 years after August 14, 1997, by the
27    Village of Oak Park for the acquisition  of  property  within
28    the  areas  designated  as  the  Greater  Downtown  Area  Tax
29    Increment   Financing   District,   the  Harlem/Garfield  Tax
30    Increment Financing District,  and  the  Madison  Street  Tax
31    Increment  Financing  District,  not  including residentially
32    zoned  properties  within   these   areas,   for   commercial
33    redevelopment goals.
 
SB745 Engrossed             -1521-             LRB9101253EGfg
 1        (c)  Quick-take  proceedings  under  Section 7-103 may be
 2    used for a period of 3 years after August 14,  1997,  by  the
 3    Village  of  Oak  Park for the acquisition of property within
 4    the areas designated as the North Avenue Commercial Strip and
 5    the   Harrison   Street   Business   Area,   not    including
 6    residentially   zoned  properties  within  these  areas,  for
 7    commercial redevelopment goals.

 8        (735 ILCS 5/7-103.55 new)
 9        Sec.  7-103.55.  Quick-take;  Village  of  Morton  Grove.
10    Quick-take proceedings under Section 7-103 may be used for  a
11    period  of  3  years  after August 14, 1997 by the Village of
12    Morton Grove, within the area designated as the Waukegan Road
13    Tax  Increment  Financing  District  to  be  used  only   for
14    acquiring  commercially  zoned properties located on Waukegan
15    Road for tax increment redevelopment  projects  contained  in
16    the redevelopment plan for the area.

17        (735 ILCS 5/7-103.56 new)
18        Sec.    7-103.56.  Quick-take;   Village   of   Rosemont.
19    Quick-take proceedings under Section 7-103 may be used for  a
20    period  of  2  years after August 14, 1997, by the Village of
21    Rosemont for the acquisition of  the  property  described  as
22    Tract 1, and the acquisition of any leasehold interest of the
23    property described as Tract 2, both described as follows:
24                               Tract 1
25        PARCEL 1:
26        THAT  PART  OF  THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
27        41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
28        DESCRIBED AS FOLLOWS:
29        COMMENCING AT THE INTERSECTION OF A LINE 50.00  FEET,  AS
30        MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH  THE
31        SOUTH  LINE  OF  SAID  SOUTHWEST  1/4  WITH A LINE 484.69
32        FEET, AS MEASURED AT RIGHT ANGLES, EAST OF  AND  PARALLEL
 
SB745 Engrossed             -1522-             LRB9101253EGfg
 1        WITH  THE  WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
 2        OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF  NORTH
 3        00 DEGREES 00 MINUTES 00 SECONDS EAST  FOR  THIS    LEGAL
 4        DESCRIPTION);  THENCE  NORTH  00  DEGREES  00 MINUTES  00
 5        SECONDS EAST ALONG SAID  LAST  DESCRIBED  PARALLEL  LINE,
 6        427.26  FEET  TO A POINT FOR A PLACE OF BEGINNING; THENCE
 7        CONTINUING NORTH 00 DEGREES 00 MINUTES  00  SECONDS  EAST
 8        ALONG  SAID  LAST  DESCRIBED  PARALLEL LINE, 251.92 FEET;
 9        THENCE NORTH 45  DEGREES  00  MINUTES  00  SECONDS  EAST,
10        32.53  FEET;  THENCE  NORTH  90  DEGREES  00  MINUTES  00
11        SECONDS  EAST,  53.70  FEET;  THENCE  SOUTH 72 DEGREES 34
12        MINUTES 18 SECONDS EAST, 149.63  FEET;  THENCE  SOUTH  00
13        DEGREES  00  MINUTES 00 SECONDS WEST, 230.11 FEET; THENCE
14        SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET,
15        TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
16        PARCEL 2:
17        THAT PART OF THE SOUTHWEST 1/4 OF  SECTION  33,  TOWNSHIP
18        41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
19        DESCRIBED AS FOLLOWS:
20        COMMENCING  AT  THE INTERSECTION OF A LINE 50.00 FEET, AS
21        MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH  THE
22        SOUTH LINE OF SAID  SOUTHWEST  1/4  WITH  A  LINE  484.69
23        FEET,  AS  MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
24        WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE  WEST  LINE
25        OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF  NORTH
26        00  DEGREES,  00 MINUTES, 00 SECONDS EAST FOR THIS  LEGAL
27        DESCRIPTION); THENCE NORTH 00 DEGREES, 00  MINUTES,    00
28        SECONDS  EAST  ALONG  SAID  LAST DESCRIBED PARALLEL LINE,
29        153.00 FEET; THENCE NORTH  90  DEGREES,  00  MINUTES,  00
30        SECONDS  EAST,  89.18  FEET;  THENCE NORTH 00 DEGREES, 00
31        MINUTES, 00 SECONDS EAST, 48.68  FEET;  THENCE  NORTH  90
32        DEGREES, 00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE
33        SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET;
34        THENCE  NORTH  90  DEGREES,  00 MINUTES, 00 SECONDS EAST,
 
SB745 Engrossed             -1523-             LRB9101253EGfg
 1        44.23 FEET; THENCE  NORTH  45  DEGREES,  00  MINUTES,  00
 2        SECONDS  EAST,  60.13  FEET;  THENCE NORTH 00 DEGREES, 00
 3        MINUTES, 00 SECONDS EAST, 141.06 FEET TO A  POINT  FOR  A
 4        PLACE  OF  BEGINNING,  SAID POINT BEING 447.18 FEET NORTH
 5        AND  704.15 FEET EAST OF  THE  SOUTHWEST  CORNER  OF  THE
 6        SOUTHWEST  1/4  OF SAID SECTION 33, AS MEASURED ALONG THE
 7        WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT
 8        ANGLES THERETO; THENCE NORTH 00 DEGREES, 00  MINUTES,  00
 9        SECONDS  EAST,  280.11  FEET; THENCE NORTH 72 DEGREES, 34
10        MINUTES, 18 SECONDS WEST, 149.63 FEET;  THENCE  SOUTH  90
11        DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 FEET; THENCE
12        SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET
13        TO  A  POINT  ON A LINE 484.69 FEET, AS MEASURED AT RIGHT
14        ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE  OF  SAID
15        SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS MEASURED
16        ALONG  SAID  PARALLEL  LINE,  NORTH OF THE AFOREDESCRIBED
17        POINT  OF  COMMENCEMENT;  THENCE  NORTH  00  DEGREES,  00
18        MINUTES,  00  SECONDS  EAST  ALONG  SAID  LAST  DESCRIBED
19        PARALLEL LINE, 158.10 FEET; THENCE NORTH 39  DEGREES,  39
20        MINUTES,  24  SECONDS EAST, 27.09 FEET TO AN INTERSECTION
21        WITH THE SOUTHERLY LINE OF HIGGINS  ROAD,  BEING  A  LINE
22        50.00  FEET,  AS  MEASURED  AT RIGHT ANGLES, SOUTHERLY OF
23        AND PARALLEL WITH THE CENTER LINE OF  SAID  ROAD;  THENCE
24        SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID
25        LAST   DESCRIBED   SOUTHERLY  LINE,  382.55  FEET  TO  AN
26        INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE  OF  THE
27        MINNEAPOLIS,  ST.  PAUL  AND  SAULT  STE.  MARIE RAILROAD
28        (FORMERLY THE CHICAGO  AND  WISCONSIN  RAILROAD);  THENCE
29        SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID
30        LAST  DESCRIBED  WESTERLY LINE, 378.97 FEET; THENCE SOUTH
31        90 DEGREES, 00 MINUTES, 00 SECONDS WEST, 260.00  FEET  TO
32        THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
33             Generally  comprising  approximately 3.8 acres along
34        the south side of  Higgins Road, East of Mannheim Road.
 
SB745 Engrossed             -1524-             LRB9101253EGfg
 1                               Tract 2
 2        PARCEL 1:
 3             Any  leasehold  interest  of  any  portion  of   the
 4        property legally described as  follows:
 5        THAT  PART  OF  THE  EAST  8  ACRES OF LOT 2 IN FREDERICK
 6        JOSS'S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40  NORTH,
 7        RANGE  12    EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT
 8        THE NORTH  500 FEET THEREOF AS MEASURED ON THE EAST LINE)
 9        LYING    EASTERLY  OF  THE  FOLLOWING   DESCRIBED   LINE:
10        BEGINNING  AT  A   POINT ON THE NORTH LINE OF SAID LOT 2,
11        19.07 FEET WEST OF  THE NORTHEAST CORNER THEREOF;  THENCE
12        SOUTHWESTERLY    ALONG  A  LINE  FORMING  AN  ANGLE OF 73
13        DEGREES 46 MINUTES  40 SECONDS (AS MEASURED FROM WEST  TO
14        SOUTHWEST)  WITH    THE  AFORESAID NORTH LINE OF LOT 2, A
15        DISTANCE OF 626.69  FEET TO A POINT; THENCE SOUTHEASTERLY
16        ALONG A LINE  FORMING AN ANGLE OF 20 DEGREES  58  MINUTES
17        25 SECONDS  (AS MEASURED TO THE LEFT) WITH A PROLONGATION
18        OF  THE   LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
19        TO A  POINT IN THE SOUTH LINE OF SAID LOT WHICH IS  85.31
20        FEET    WEST  OF  THE  SOUTHEAST  CORNER  OF  SAID LOT 2,
21        EXCEPTING  THEREFROM THE  FOLLOWING  DESCRIBED  PREMISES:
22        THE  SOUTH   50 FEET OF LOT 2 LYING EAST OF THE FOLLOWING
23        DESCRIBED  LINE; BEGINNING AT A POINT IN THE  SOUTH  LINE
24        OF  LOT  2,  WHICH    IS 85.31 FEET WEST OF THE SOUTHEAST
25        CORNER OF SAID LOT;  THENCE NORTHERLY  ON  A  LINE  WHICH
26        FORMS  AN  ANGLE  OF 85  DEGREES 13 MINUTES 25 SECONDS IN
27        THE NORTHWEST 1/4 WITH    SAID  LAST  DESCRIBED  LINE  IN
28        FREDERICK  JOSS'S DIVISION OF  LANDS IN THE NORTHEAST 1/4
29        OF SECTION 9, TOWNSHIP 40  NORTH, RANGE 12  EAST  OF  THE
30        THIRD PRINCIPAL MERIDIAN.
31        PARCEL 2:
32             Plus any rights of ingress and egress which the said
33        holder  of  the   leasehold interest may have pursuant to
34        the following described easement:
 
SB745 Engrossed             -1525-             LRB9101253EGfg
 1        GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS  CREATED
 2        BY GRANT FROM FRACAP SHEET METAL  MANUFACTURING  COMPANY,
 3        INC.  TO  JUNE  WEBER  POLLY DATED  NOVEMBER 16, 1970 AND
 4        RECORDED  APRIL  7,  1971  AS  DOCUMENT    21442818   FOR
 5        PASSAGEWAY  OVER  THE  EAST 20 FEET AS  MEASURED AT RIGHT
 6        ANGLES TO THE EAST LINE THEREOF OF  THE NORTH 500 FEET OF
 7        THAT PART OF THE EAST 8 ACRES OF    LOT  2  IN  FREDERICK
 8        JOSS'S DIVISION OF LAND IN SECTION 9,  TOWNSHIP 40 NORTH,
 9        RANGE  12  EAST  OF  THE THIRD PRINCIPAL  MERIDIAN, LYING
10        EASTERLY OF THE FOLLOWING DESCRIBED  LINE: BEGINNING AT A
11        POINT ON THE NORTH LINE OF SAID LOT 2,  19.07  FEET  WEST
12        OF  THE  NORTHEAST  CORNER THEREOF;  THENCE SOUTHWESTERLY
13        ALONG A LINE FORMING AN ANGLE OF  73 DEGREES  46  MINUTES
14        40 SECONDS (AS MEASURED FROM  WEST TO SOUTHWEST) WITH THE
15        AFORESAID NORTH LINE OF LOT  2, A DISTANCE OF 626.69 FEET
16        TO A POINT; THENCE  SOUTHEASTERLY ALONG A LINE FORMING AN
17        ANGLE  OF  20  DEGREES 58 MINUTES 25 SECONDS (AS MEASURED
18        TO THE LEFT)  WITH A PROLONGATION OF THE  LAST  DESCRIBED
19        COURSE A  DISTANCE OF 721.92 FEET TO A POINT IN THE SOUTH
20        LINE  OF    SAID  LOT  2, WHICH IS 85.31 FEET WEST OF THE
21        SOUTHEAST    CORNER  OF  SAID  LOT  2,  IN  COOK  COUNTY,
22        ILLINOIS.

23        (735 ILCS 5/7-103.57 new)
24        Sec.   7-103.57.  Quick-take;    City    of    Champaign.
25    Quick-take  proceedings under Section 7-103 may be used for a
26    period of 24 months from August 14,  1997,  by  the  City  of
27    Champaign  for  the  acquisition of land and easements in and
28    adjacent to the City of  Champaign  for  the  improvement  of
29    Windsor  Road and Duncan Road and for the construction of the
30    Boneyard Creek Improvement Project.

31        (735 ILCS 5/7-103.58 new)
32        Sec. 7-103.58.  Quick-take; City of Rochelle.  Quick-take
 
SB745 Engrossed             -1526-             LRB9101253EGfg
 1    proceedings under Section 7-103 may be used for a  period  of
 2    24  months  from  July  30, 1998, by the City of Rochelle, to
 3    allow the acquisition of easements for the  construction  and
 4    maintenance of overhead utility lines and poles along a route
 5    within   and   adjacent  to  existing  roadway  easements  on
 6    Twombley,  Mulford,  and  Paw  Paw  roads  in  Ogle  and  Lee
 7    counties.

 8        (735 ILCS 5/7-103.59 new)
 9        Sec.  7-103.59.  Quick-take;  Village   of   Bolingbrook.
10    Quick-take  proceedings under Section 7-103 may be used for a
11    period of 3 years after July 30,  1998,  by  the  Village  of
12    Bolingbrook  for  acquisition  of  property within a Regional
13    Stormwater Detention Project Area, when the  purpose  of  the
14    condemnation proceeding is to acquire land for one or more of
15    the   following   public   purposes:   drainage,   stormwater
16    management,  open  space,  recreation, improvements for water
17    service and related appurtenances, or wetland mitigation  and
18    banking;  the  project  area  is  in Wheatland Township, Will
19    County, bounded generally by Essington  Road,  127th  Street,
20    and Kings Road and is more particularly described as follows:
21    That  part  of  Section 25 Township 37 N Range 9 E of the 3rd
22    Principal Meridian all in Wheatland  Township,  Will  County,
23    except  the Northeast Quarter; the North 1/2 of the Northwest
24    Quarter; and the Southwest Quarter of the Southwest Quarter.

25        (735 ILCS 5/7-103.60 new)
26        Sec. 7-103.60.  Quick-take;  Village  of  Franklin  Park.
27    Quick-take  proceedings under Section 7-103 may be used for a
28    period of 36 months after July 1, 1998,  by  the  Village  of
29    Franklin  Park,  for  the  acquisition  for  school purposes,
30    including, but not limited to, school parking  lot  purposes,
31    of  property bounded on the west by Rose Street, on the north
32    by Nerbonne Street, on the  east  by  Pearl  Street  extended
 
SB745 Engrossed             -1527-             LRB9101253EGfg
 1    north  on  Nerbonne  Street, and on the south by King Street,
 2    except that no portion used for residential purposes shall be
 3    taken.

 4        (735 ILCS 5/7-103.61 new)
 5        Sec.  7-103.61.  Quick-take;  Village  of  Melrose  Park.
 6    Quick-take proceedings under Section 7-103 may be used for  a
 7    period  of  5  years  after  June  1,  1998 by the Village of
 8    Melrose Park to acquire the following described property, for
 9    the purpose of redeveloping blighted areas:
10                              Golfland
11             That part of  the  North  half  of  the  South  East
12        Quarter of the South West quarter of Section 35, Township
13        40 North, Range 12, East of the Third Principal Meridian,
14        lying Northeast of the Northeasterly right-of-way line of
15        the  Minneapolis, St. Paul and Sault Ste. Marie Railroad;
16        lying South of a line 443.00 feet North of  and  parallel
17        to  the  South  line  of the North half of the South East
18        Quarter  of  the  South  West  Quarter  of  Section   35,
19        aforesaid;  and  lying  west of the West line of the East
20        490 feet of the North half of the South East  Quarter  of
21        the   South   West   Quarter  of  Section  35,  aforesaid
22        (excepting therefrom the East 50 feet  of  the  North  80
23        feet thereof and except that part taken and dedicated for
24        5th Avenue);
25                                ALSO
26             That  part  of  the  South  half  of  the South East
27        Quarter of the South West Quarter of Section 35, Township
28        30 North, Range 12, East of the Third Principal Meridian,
29        lying Northeast of the Northeasterly right-of-way line of
30        the Minneapolis, St. Paul and Sault Ste. Marie  Railroad,
31        described  as  follows: commencing at the intersection of
32        the West line of the South East Quarter of the South West
33        Quarter of Section 35, aforesaid, with the North line  of
 
SB745 Engrossed             -1528-             LRB9101253EGfg
 1        the  South  half  of  the South East Quarter of the South
 2        West Quarter of said Section 35; thence  East  along  the
 3        aforementioned  North  line  67.91  Feet  to the point of
 4        beginning of land herein described; thence continue  East
 5        along  said  North line 297.59 feet; thence Southwesterly
 6        along a line forming an angle of 17 degrees 41 minutes 34
 7        seconds, measured from  West  to  South  West  with  last
 8        described  course,  from  a  distance of 240.84 feet to a
 9        point 100 feet Southeasterly of the point  of  beginning;
10        thence  Northwesterly 100 feet to the point of beginning;
11        all in Cook County.

12        (735 ILCS 5/7-103.62 new)
13        Sec.  7-103.62.  Quick-take;  Village  of  Melrose  Park.
14    Quick-take proceedings under Section 7-103 may be used for  a
15    period  of  3  years  after  June  1, 1998, by the Village of
16    Melrose Park to acquire property described as follows for the
17    purpose of redeveloping blighted areas:
18             THAT PART OF THE WEST 340 FEET OF THE EAST 1360 FEET
19        OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION  2,
20        TOWNSHIP  39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
21        MERIDIAN, LYING NORTH OF THE CENTERLINE  OF  DES  PLAINES
22        RIVER  (EXCEPT THAT PART OF THE WEST 340 FEET OF THE EAST
23        1360 FEET OF THE NORTH HALF OF THE NORTHEAST  QUARTER  OF
24        SECTION 2, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD
25        PRINCIPAL  MERIDIAN, LYING NORTH OF THE CENTERLINE OF DES
26        PLAINES RIVER AND LYING SOUTH  OF  A  LINE  DESCRIBED  AS
27        COMMENCING  ON THE EAST LINE OF SAID TRACT 880 FEET SOUTH
28        OF THE NORTH LINE OF SAID SECTION 2 RUNNING WESTERLY TO A
29        POINT IN THE WEST LINE OF SAID TRACT WHICH  IS  976  FEET
30        SOUTH  OF  THE  NORTH LINE OF SAID SECTION AND EXCEPT THE
31        NORTH 99.2 FEET AS MEASURED ON THE WEST LINE AND BY  99.6
32        FEET  AS  MEASURED ON THE EAST LINE OF SAID WEST 340 FEET
33        AND DEDICATED AND CONVEYED TO STATE OF ILLINOIS FOR  ROAD
 
SB745 Engrossed             -1529-             LRB9101253EGfg
 1        OR PUBLIC HIGHWAY PURPOSES), IN COOK COUNTY, ILLINOIS.
 2             THAT PART OF THE WEST 170 FEET OF THE EAST 1530 FEET
 3        OF  THE  NORTH  1/2  OF  THE  NORTHEAST 1/4 OF SECTION 2,
 4        TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD  PRINCIPAL
 5        MERIDIAN,  LYING  NORTH OF THE CENTER LINE OF DES PLAINES
 6        RIVER.  (EXCEPT THAT PART OF THE WEST  170  FEET  OF  THE
 7        EAST  1530  FEET OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF
 8        SECTION 2, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD
 9        PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTER LINE OF DES
10        PLAINES RIVER AND LYING SOUTH  OF  A  LINE  DESCRIBED  AS
11        COMMENCING  ON THE EAST LINE OF SAID TRACT 976 FEET SOUTH
12        OF THE NORTH LINE OF SAID SECTION 2, RUNNING WESTERLY  TO
13        A  POINT  IN THE WEST LINE OF SAID TRACT WHICH IS 1095.50
14        FEET SOUTH OF THE NORTH LINE OF SAID SECTION  AND  EXCEPT
15        THE NORTH 100.00 FEET AS MEASURED ON THE WEST LINE AND BY
16        99.2  FEET  AS MEASURED ON THE EAST LINE OF SAID WEST 170
17        FEET AND DEDICATED AND CONVEYED TO THE STATE OF  ILLINOIS
18        FOR  ROAD  OR  PUBLIC  HIGHWAY PURPOSES), IN COOK COUNTY,
19        ILLINOIS.

20        (735 ILCS 5/7-103.63 new)
21        Sec. 7-103.63.  Quick-take; City  of  Peru.    Quick-take
22    proceedings  under  Section 7-103 may be used for a period of
23    24 months after July 30, 1998 by the City of Peru for removal
24    of existing residential  deed  restrictions  on  the  use  of
25    property,  and  the  rights  of  other property owners in the
26    subdivision to enforce those restrictions, as they  apply  to
27    lots  10,  11,  12,  13,  14,  15,  and  16  in  Urbanowski's
28    Subdivision  to  the  City of Peru, all of which are owned by
29    the Illinois Valley Community Hospital and  adjacent  to  the
30    existing  hospital  building,  for  the  limited  purpose  of
31    allowing the Illinois Valley Community Hospital to expand its
32    hospital  facility,  including expansion for needed emergency
33    room and outpatient services;  under  this  Section  7-103.63
 
SB745 Engrossed             -1530-             LRB9101253EGfg
 1    compensation shall be paid to those other property owners for
 2    the  removal of  their rights to enforce the residential deed
 3    restrictions  on  property  owned  by  the  Illinois   Valley
 4    Community  Hospital,  but no real estate owned by those other
 5    property owners may be taken.

 6        (735 ILCS 5/7-103.64 new)
 7        Sec. 7-103.64.  Quick-take; Village of South Barrington.
 8    Quick-take proceedings under Section 7-103 may be used for  a
 9    period  of  3  years  after  July 30, 1998, by the Village of
10    South Barrington for the acquisition of  land  and  temporary
11    and  permanent easements for the purposes of construction and
12    maintenance of sewerage facilities and sewerage  transmission
13    pipes  along  an  area  not  to  exceed 100 feet north of the
14    Northwest Tollway between Barrington Road and Route 72.

15        (735 ILCS 5/7-103.65 new)
16        Sec.   7-103.65.  Quick-take;   Village   of   Northlake.
17    Quick-take proceedings under Section 7-103 may be used for  a
18    period  of  18  months after July 30, 1998, by the Village of
19    Northlake for the  acquisition  of  the  following  described
20    property  for  stormwater  management  and  public recreation
21    purposes:
22             LOT 10 IN BLOCK 7 IN TOWN MANOR SUBDIVISION  OF  THE
23        NORTH  100  ACRES  OF  THE  NORTH  EAST 1/4 OF SECTION 5,
24        TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD  PRINCIPAL
25        MERIDIAN, IN COOK COUNTY, ILLINOIS.
26             Commonly  known  as  315  E. Morse Drive, Northlake,
27        Illinois, 60164;
28             LOT 17 IN BLOCK 2 IN MIDLAND  DEVELOPMENT  COMPANY'S
29        NORTHLAKE VILLAGE, A SUBDIVISION OF THE NORTH HALF OF THE
30        NORTHWEST  QUARTER OF SECTION 5, TOWNSHIP 39 NORTH, RANGE
31        12, EAST OF THE  THIRD  PRINCIPAL  MERIDIAN  (EXCEPT  THE
32        SOUTH 208.7 FEET OF THE WEST 208.7 FEET EAST OF WOLF ROAD
 
SB745 Engrossed             -1531-             LRB9101253EGfg
 1        OF  THE  NORTH HALF OF THE NORTHWEST QUARTER, AFORESAID),
 2        IN COOK COUNTY, ILLINOIS.
 3        PIN: 15-05-115-001
 4             Commonly known  as  101  S.  Wolf  Road,  Northlake,
 5        Illinois, 60164.

 6        (735 ILCS 5/7-103.66 new)
 7        Sec.    7-103.66.  Quick-take;    City   of   Carbondale.
 8    Quick-take proceedings under Section 7-103 may be used for  a
 9    period  of  48  months  after  July  30, 1998, by the City of
10    Carbondale, for the acquisition of property  bounded  by  the
11    following  lines for the Mill Street Underpass Project (which
12    is part of the Carbondale  Railroad  Relocation  Project):  a
13    line  300  feet  west of the centerline of Thompson Street; a
14    line 100 feet east of the centerline of Wall Street;  a  line
15    700  feet  north of the centerline of College Street; and the
16    centerline of Grand Avenue.

17        (735 ILCS 5/7-103.67 new)
18        Sec. 7-103.67.  Quick-take; Village of Round  Lake  Park.
19    Quick-take  proceedings under Section 7-103 may be used for a
20    period of 3 years after July 30,  1998,  by  the  Village  of
21    Round  Lake  Park in Lake County for acquisition of temporary
22    construction easements and permanent easement  corridors  for
23    providing  off-site  water  and  sewer  service for the Alter
24    Business Park, generally described as follows:
25             Commencing at the Joint Action Water  Agency  (JAWA)
26        facility  on  the  south  side of Winchester Road (County
27        Route A34) and west  of  Midlothian  Road,  the  proposed
28        public  water line will be located in the Winchester Road
29        (County Route A34) right-of-way or  immediately  adjacent
30        to  the  right-of-way  from  the  JAWA  facility  west to
31        Illinois State Route 83.  The water line will then extend
32        under  Illinois  State  Route  83  and  continue  in  the
 
SB745 Engrossed             -1532-             LRB9101253EGfg
 1        Winchester  Road  (County  Route  A34)  right-of-way   or
 2        immediately  adjacent  to  the right-of-way as it extends
 3        westerly from Illinois State Route  83  to  the  proposed
 4        pump station and delivery structure at the most southerly
 5        west property line of the Alter property located south of
 6        Peterson  Road  (County  Route  A33) and west of Illinois
 7        State Route 83.  Also, the  proposed  public  water  line
 8        will  be  located in the Peterson Road (County Route A33)
 9        right-of-way or immediately adjacent to the  right-of-way
10        from  Illinois  State  Route  83  west  to  the  westerly
11        property  line of the Alter property, which property line
12        lies approximately 2600' west of Alleghany  Road  (County
13        Route V68).
14             The proposed sanitary sewer route will commence at a
15        location  on  Fairfield  Road (County Route V61) north of
16        Illinois State Route 134 at the Lake  County  Interceptor
17        (which  ultimately  extends  into  the  Fox Lake Sanitary
18        District System); the route of the  sanitary  sewer  will
19        continue  south  of  Illinois  State  Route  134  in  the
20        right-of-way  of  Fairfield  Road  (County  Route V61) or
21        immediately adjacent thereto from its extension north  of
22        Illinois   State  Route  134  to  its  intersection  with
23        Townline Road.  The sanitary sewer will then extend  east
24        in  the  right-of-way  of  Townline  Road  or immediately
25        adjacent thereto to its intersection with Bacon Road. The
26        sanitary  sewer  will  then  extend  in  the  Bacon  Road
27        right-of-way  line  or   immediately   adjacent   thereto
28        continuing   in   a  southeasterly  direction  until  its
29        intersection with Illinois State Route 60.  The  sanitary
30        line  will  then  extend  in  the Illinois State Route 60
31        right-of-way by permit or  immediately  adjacent  thereto
32        continuing  easterly along said right-of-way to the point
33        of intersection with Peterson Road  (County  Route  A33).
34        The  sanitary  line  will  then  continue easterly in the
 
SB745 Engrossed             -1533-             LRB9101253EGfg
 1        right-of-way of  Peterson  Road  (County  Route  A33)  or
 2        immediately adjacent thereto to the point of intersection
 3        with  Alleghany  Road  (County  Route  V68) and then will
 4        extend within the Alter property.

 5        (735 ILCS 5/7-103.68 new)
 6        Sec.   7-103.68.  Quick-take;   Village   of    Rosemont.
 7    Quick-take  proceedings under Section 7-103 may be used for a
 8    period of 3 years after July 30,  1998,  by  the  Village  of
 9    Rosemont for redevelopment purposes, including infrastructure
10    improvements, construction of streets, stormwater facilities,
11    and  drainage  areas,  and  flood plain improvements, for the
12    acquisition of property described as follows:
13             That part of the Northwest Quarter and that part  of
14        the  Southwest  Quarter  of Section 3, Township 40 North,
15        Range 12, East of the Third Principal Meridian, and being
16        more particularly described as follows:
17             Beginning at the point of intersection of  the  west
18        right-of-way  line of River Road (as shown on the plat of
19        subdivision  for  Gerhart  Huehl  Estates  Division   per
20        document  number 4572711) and the southerly line of Lot 7
21        in said Gerhart Huehl Estates Division; thence  north  14
22        degrees  38  minutes 19 seconds west, along the aforesaid
23        west  right-of-way  of  River  Road,  to  the  point   of
24        intersection  with  a  line drawn 490.0 feet south of and
25        parallel to the north line of Lot 3 in the  said  Gerhart
26        Huehl  Estates  Division;  thence  north  89  degrees  07
27        minutes  41  seconds west, along the previously described
28        parallel line 554.77 feet to the point, said point  being
29        540.00  feet  east  of  the easterly right-of-way line of
30        Schafer  Court  (Schafer  Court   being   an   unrecorded
31        roadway);  thence,  north 0 degrees 00 minutes 00 seconds
32        east, 284.12 feet to the point of intersection with south
33        line of the aforesaid Lot 3 (said south line  also  being
 
SB745 Engrossed             -1534-             LRB9101253EGfg
 1        the  north  line  of  Lot  6  in  Gerhart  Huehl  Estates
 2        Division);  thence north 89 degrees 04 minutes 45 seconds
 3        west, along the said south line of Lot 3, 478.29 feet  to
 4        the  point  of  intersection  with the aforesaid easterly
 5        right-of-way line  of  Schafer  Court;  thence  south  12
 6        degrees  16  minutes  34  seconds  west,  along  the said
 7        easterly right-of-way line, 312.83 feet; thence south  18
 8        degrees  09 minutes 05 seconds west, continuing along the
 9        said easterly right-of-way line, 308.16 feet to the point
10        of intersection with the northerly right-of-way  line  of
11        Higgins  Road  as dedicated per document number 11056708;
12        thence, north 66 degrees 43 minutes 09 seconds west along
13        said northerly right-of-way line of Higgins Road  to  the
14        easterly  right-of-way of the Northwest Toll Road; thence
15        southerly  along  said  easterly  right-of-way   of   the
16        Northwest  Toll  Road  to  the  southerly right-of-way of
17        Maple Avenue extended  westerly;  thence  easterly  along
18        said   southerly   right-of-way   line  of  Maple  Avenue
19        (recorded as Bock Avenue) to  the  easterly  right-of-way
20        line of Gage Street; thence northerly along said easterly
21        right-of-way line of Gage Street to the southerly line of
22        Lot  2  in  River  Rose  Subdivision  Unit 2 per document
23        number 19594706; thence easterly along the southerly line
24        of said Lot 2 in River Rose Subdivision Unit Number 2 and
25        said southerly line extended  easterly  to  the  easterly
26        right-of-way  line  of  Glen  Lake Drive (as dedicated in
27        River Rose Subdivision per Document Number  19352146  and
28        dedicated  as  Willow  Creek Drive); thence southwesterly
29        along said easterly right-of-way line  to  the  northwest
30        corner  of  Lot  1 in said River Rose Subdivision; thence
31        south 59 degrees 08 minutes 47 seconds  east,  along  the
32        northerly  lines of Lots 1 through 13 (both inclusive) in
33        the said River Rose subdivision, 757.48 feet to the  most
34        northeasterly  corner  of  said  Lot  13; thence south 11
 
SB745 Engrossed             -1535-             LRB9101253EGfg
 1        degrees 05 minutes 25 seconds west,  along  the  easterly
 2        line of said lot 13 in said River Rose Subdivision, 14.08
 3        feet to the northerly line of Glen J. Nixon's subdivision
 4        as  per  document  19753046;  thence  easterly along said
 5        northerly line, 237.43 feet to the westerly  right-of-way
 6        of said Des Plaines River Road;
 7             Thence southerly along said westerly right-of-way of
 8        Des  Plaines  River  Road  to  the  southerly line of the
 9        Northerly 90 feet of  Lot  2  in  said  Glen  J.  Nixon's
10        subdivision; thence westerly along said southerly line to
11        the  westerly  line  of said Glen J. Nixon's subdivision;
12        thence southerly along the said westerly line of Glen  J.
13        Nixon's  subdivision  to the southerly right-of-way of an
14        unrecorded roadway; thence south 70 degrees 43 minutes 16
15        seconds west, along the southerly line of the  unrecorded
16        roadway,   108.23   feet;  thence  continuing  along  the
17        southerly right-of-way of the unrecorded  roadway,  95.34
18        feet along an arc of a circle whose radius is 110.00 feet
19        and being convex to the south; thence north 56 degrees 32
20        minutes  25  seconds west, continuing along the southerly
21        right-of-way of the said unrecorded roadway, 216.00  feet
22        to  the  southwest  corner  of  said  Glen  Lake Drive as
23        dedicated in the aforesaid River Rose subdivision; thence
24        north 59 degrees 10 minutes 12 seconds  west,  along  the
25        southerly  right-of-way  of  said Glen Lake Drive, 327.48
26        feet, to the point of intersection with east line of  Lot
27        8  in  Block 1 in Higgins Road Ranchettes Subdivision per
28        Document Number 13820089; thence northerly along the east
29        line of said Lot 8, 97.24 feet to  a  point;  said  point
30        being  66.00  feet  south of the northeast corner of said
31        Lot 8; thence north 89  degrees  36  minutes  54  seconds
32        west,  along  a  line  which  is  66.00 feet south of and
33        parallel to the north line of Lots 3, 4, 5, 6, 7,  and  8
34        in   said   Higgins  Road  Ranchettes  Subdivision  (said
 
SB745 Engrossed             -1536-             LRB9101253EGfg
 1        parallel line also being the south line of an  unrecorded
 2        street  known  as  Glenlake  Street),  621.61 feet to the
 3        point of intersection with the northeasterly right-of-way
 4        line of Toll Road; the next four courses being along  the
 5        said  northeasterly  right-of-way  line of the Toll Road;
 6        thence south 21  degrees  28  minutes  12  seconds  east,
 7        219.81  feet;  thence  south  34  degrees  29  minutes 34
 8        seconds east, 261.77 feet; thence  south  52  degrees  02
 9        minutes  04  seconds  east,  114.21 feet; thence south 52
10        degrees 07 minutes 21 seconds east to the  westerly  line
11        (extended  northerly)  of Lots 83 through 87 inclusive in
12        Frederick H. Bartlett's River View  Estates  recorded  as
13        Document  Number  853426 in Cook County; thence southerly
14        along said westerly line to  the  southerly  right-of-way
15        line  of  Thorndale  Avenue;  thence  easterly along said
16        southerly right-of-way line  of  Thorndale  Avenue  14.65
17        feet;  thence  southerly  along  a line parallel with the
18        said westerly line of Lots 83 through  87  inclusive  and
19        14.38  feet  easterly,  139.45 feet; thence southwesterly
20        along a line which ends in the southerly line of said Lot
21        84  extended  westerly,  85.35  feet  westerly  from  the
22        southwest corner of said Lot 84;  thence  easterly  along
23        said  southerly  line to the westerly right-of-way of Des
24        Plaines River Road; thence northerly along said  westerly
25        right-of-way  line to the said northerly line of the Toll
26        Road; thence south 52 degrees 07 minutes 21 seconds east,
27        along said right-of-way to the  centerline  of  said  Des
28        Plaines River Road; thence south 11 degrees 06 minutes 48
29        seconds  west,  along  said centerline, 1.47 feet; thence
30        south 55 degrees 56 minutes 09 seconds  east,  continuing
31        along  the  said  northeasterly  right-of-way line of the
32        Toll Road (said line also being the south line of  Lot  1
33        in   Rosemont   Industrial  Center  per  Document  Number
34        20066369),  411.98  feet;  thence  south  61  degrees  51
 
SB745 Engrossed             -1537-             LRB9101253EGfg
 1        minutes  06  seconds  east,  continuing  along  the  said
 2        northeasterly right-of-way line of the  Toll  Road  (said
 3        line  also being along the south line of Lots 1, 2, and 5
 4        in said Rosemont Industrial Center), 599.13 feet  to  the
 5        southeast  corner  of said Lot 5; thence north 12 degrees
 6        45 minutes 47 seconds east, along the east lines of  Lots
 7        3  and 5 in said Rosemont Industrial Center, 424.40 feet;
 8        thence north 33 degrees 51 minutes 39 seconds east, along
 9        the east lines of Lots 3  and  4  in  the  said  Rosemont
10        Industrial Center, 241.42 feet to the northeast corner of
11        said Lot 4; thence north 33 degrees 51 minutes 40 seconds
12        east, 189.38 feet to the center of said Section 3; thence
13        north  2  degrees  42  minutes 55 seconds east, along the
14        east line of the northwest quarter  of  said  Section  3,
15        375.90  feet  to the point of intersection with the south
16        line of Higgins Road,  as  widened  per  Document  Number
17        11045055;  the  next  three  courses being along the said
18        south right-of-way line of Higgins Road; thence north  64
19        degrees  30  minutes  51 seconds west, 53.65 feet; thence
20        northwesterly, 436.47 feet along an arc of a circle whose
21        radius  is  1,482.69  feet  and  being  convex   to   the
22        southwest;  thence north 47 degrees 57 minutes 51 seconds
23        west, 73.57 feet; thence northeasterly, along an arc of a
24        circle whose radius is 5,679.65 feet and being convex  to
25        the  northeast,  to  a  point  of  intersection  of  said
26        southerly   right-of-way   of   Higgins   Road   and  the
27        southeasterly line of the land conveyed to James H. Lomax
28        by Document Number 1444990;  thence  northeasterly  along
29        said  southeasterly line extended, 197 feet to the center
30        line of the Des Plaines River; thence north 49 degrees 11
31        minutes 20 seconds west 325.90 feet; thence continuing in
32        the said center line of the Des Plaines River,  north  27
33        degrees  56  minutes  17 seconds west 370.53 feet; thence
34        north 12 degrees 10 minutes 40 seconds east,  16.0  feet;
 
SB745 Engrossed             -1538-             LRB9101253EGfg
 1        thence southwesterly along said southeasterly line of Lot
 2        7  extended  in  Gerhart  Huehl Estates Division, to said
 3        place of beginning;
 4             Plus,
 5             That part of the West half of the Northwest  quarter
 6        of  Section  3,  Township  40 North, Range 12 East of the
 7        Third  Principal  Meridian,  in  Cook  County,  Illinois,
 8        described as follows:
 9             Beginning at the intersection of the South  line  of
10        Devon  Avenue  with the East line of Shafer Court being a
11        point  281.01  feet  East  of  the  West  line   of   the
12        aforementioned  West  half  of  the  Northwest quarter of
13        Section 33; thence Southerly along the East line of  said
14        Shafer  Court,  193.91 feet to the South line of Lot 3 in
15        Gerhart Huehl  Estate  Division  according  to  the  plat
16        thereof recorded June 3, 1910, as Document 4572711, being
17        a  point 241.74 feet East of the aforementioned West half
18        of the Northwest quarter of Section 33; thence East along
19        the South line of said Lot 3, a distance of 508.5 feet to
20        a point 487.69 feet West of the centerline of River Road;
21        thence continuing easterly along the last described  line
22        as  extended  to  the  west  line  of  River Road; thence
23        northerly along the west line of River Road to the  South
24        line  of  Devon  Avenue;  thence westerly along the south
25        line of Devon Avenue to the point of beginning;
26             Plus,
27             That part of the Southwest  quarter  of  Section  3,
28        Township  40  North, Range 12 East of the Third Principal
29        Meridian, in Cook County, Illinois, described as follows:
30             Beginning  at  the  Southeast  corner  of   Rosemont
31        Industrial  Center, being a subdivision recorded February
32        17, 1967 as Document 20066369; thence Northwesterly along
33        the South line of Rosemont Industrial  Center  aforesaid,
34        and  said  South  line  extended  to the Westerly line of
 
SB745 Engrossed             -1539-             LRB9101253EGfg
 1        River Road to the South; thence Southwesterly along  said
 2        Westerly  line,  to  the  North  line  of Interstate 290;
 3        thence Easterly along said North line, to the  West  line
 4        of  property  owned  by the Forest Preserve; thence along
 5        and then Northerly  along  the  irregular  West  line  of
 6        property owned by the Forest Preserve and extended across
 7        the   Interstate   290  right-of-way,  to  the  point  of
 8        beginning;
 9             Plus,
10             The Northerly 90 feet of Lot 2 in  Glen  J.  Nixon's
11        Subdivision  of  part of Lot 15 in Assessor's Division of
12        part of Section 3, Township 40 North, Range 12,  East  of
13        the  Third  Principal  Meridian,  according  to  the plat
14        thereof recorded March 1, 1966 as Document  19753046,  in
15        Cook  County,  Illinois, (except therefrom that part used
16        for River Road), all in Cook County.
17             AREA 1:
18             That part of the South West Quarter of  Section  33,
19        Township  41  North, Range 12 East of the third Principal
20        Meridian, lying North of a line 575 feet north  (measured
21        at  90  degrees)  of  the  South  line of said South West
22        Quarter, lying West of a line 451.45 feet East  (measured
23        at  90  degrees)  of  the  West  line  of said South West
24        Quarter and South of the  center  line  of  Higgins  Road
25        (except   parts  taken  or  used  for  highway  purposes,
26        including the land taken by condemnation in Case No. 65 L
27        8179 Circuit Court of Cook County, Illinois, described as
28        follows: That part of the South West Quarter  of  Section
29        33,  Township  41  North,  Range  12  East  of  the Third
30        Principal Meridian, bounded  and  described  as  follows:
31        Beginning  at  a point of intersection of the center line
32        of Higgins Road, as now located and established with  the
33        West  line  of the South West Quarter of said Section 33;
34        thence South along said  West  line  of  the  South  West
 
SB745 Engrossed             -1540-             LRB9101253EGfg
 1        Quarter  of  said  Section, a distance of 560.2 feet to a
 2        point in the North line of the South 575.0 feet  of  said
 3        South  West Quarter of said Section 33; thence East along
 4        said North line of the South 575.0 feet of the South West
 5        Quarter of said Section 33, a distance of 45.0 feet to  a
 6        point; thence Northeasterly in a straight line a distance
 7        of  179.27  feet  to  a  point,  distance 50.0 feet East,
 8        measured at right angles from the West line of the  South
 9        West  Quarter of said Section 33; thence Northeasterly in
10        a straight line a distance of 187.38  feet  to  a  point,
11        distant  62.0  feet  East,  measured at right angles from
12        said West line of the South West Quarter of said  Section
13        33;  thence North parallel with the said West line of the
14        South West Quarter of said Section 33 a distance of 44.74
15        feet to a point of curvature; thence Northeasterly  along
16        a  curved line, concave to the Southeast, having a radius
17        of 50.0 feet and  a  central  angle  of  107  degrees  28
18        minutes, a distance of 93.73 feet to a point of tangency,
19        distant 50.0 feet Southwest measured at right angles from
20        the  center  line  of  Higgins Road; thence Southeasterly
21        parallel with the center line of Higgins Road, a distance
22        of 345.09 feet to a point on a line  distant,  16.0  feet
23        west  of  the  east  line  of the west 467.34 feet of the
24        South West Quarter of said Section 33; thence North in  a
25        straight line a distance of 58.71 feet to a point on said
26        center  line  of Higgins Road; thence Northwesterly along
27        said center line of Higgins Road  a  distance  of  478.23
28        feet to the place of beginning) in Cook County, Illinois.
29             AREA 2:
30             That  part  of  the  South  West  1/4 of Section 33,
31        Township 41 North, Range 12, East of the Third  Principal
32        Meridian, lying West of the West Right of Way Line of the
33        Minneapolis,  St.  Paul  and  Sault  Ste.  Marie Railroad
34        (formerly the Chicago and Wisconsin Railroad)  and  South
 
SB745 Engrossed             -1541-             LRB9101253EGfg
 1        of  the center line of Higgins Road (except therefrom the
 2        South 200 feet of the West 467.84 feet of said South West
 3        1/4 and also excepting therefrom that part of said  South
 4        West  1/4  lying North of the North line of the South 575
 5        feet of said South West 1/4 and West of a  line  16  feet
 6        West  of  and parallel with the West line of the Tract of
 7        land described in a Deed dated May 22, 1929, and recorded
 8        July 9, 1929, as  Document  Number  10422646  (the  Tract
 9        described  in  said  Deed being the East 10 acres of that
10        part of the South West 1/4 of  Section  33,  Township  41
11        North,  Range  12,  East of the Third Principal Meridian,
12        lying South of the Center line of Higgins Road  and  West
13        of  the  West  line  extended North to the center of said
14        Higgins Road of the East 20.62 chains of the  North  West
15        1/4  of  Section  4, Township 40 North, Range 12, East of
16        the Third Principal  Meridian  (excepting  therefrom  the
17        right  of way of the Minneapolis, St. Paul and Sault Ste.
18        Marie  Railroad,  formerly  the  Chicago  and   Wisconsin
19        Railroad)  and  also  excepting  the South 50 feet of the
20        said South West 1/4 lying East of the  West  467.84  feet
21        thereof)  and  also  excepting  that  portion of the land
22        condemned for the widening of Higgins Road  and  Mannheim
23        Road in Case Number 65 L7109, in Cook County, Illinois.
24             AREA 3:
25             The  North  150  feet  of the South 200 feet of that
26        part of the South West 1/4 of  Section  33,  Township  41
27        North,  Range  12  East  of  the Third Principal Meridian
28        (except  the   East   10   acres   conveyed   by   George
29        Deamantopulas and others, to Krowka by Document 10422646)
30        lying South of the Center of Higgins Road (so called) and
31        West of the West line extended North to center of Higgins
32        Road  of  East  20.62  chains  in  the  North West 1/4 of
33        Section 4, Township 40 North, Range 12 East of the  Third
34        Principal  Meridian  (except  the Right of Way of Chicago
 
SB745 Engrossed             -1542-             LRB9101253EGfg
 1        and Wisconsin Railroad) in Cook County, Illinois.
 2             AREA 4:
 3             That part of the Southwest quarter  of  Section  33,
 4        Township  41  North, Range 12 East of the Third Principal
 5        Meridian, in Cook County, Illinois, described as follows:
 6             Beginning at the intersection of the South  line  of
 7        the  Southwest  quarter  of Section 33 aforesaid with the
 8        West line, extended South,  of  Lot  7  in  Frederick  H.
 9        Bartlett's   Higgins  Road  Farms,  being  a  subdivision
10        recorded December 8, 1938 as  Document  12246559;  thence
11        North along the aforementioned West line of Lot 7, to the
12        center  line  of  Higgins Road; thence Westerly along the
13        center line of Higgins Road, to the Westerly right-of-way
14        line of the Minneapolis, St. Paul and  Sault  Ste.  Marie
15        Railroad;    thence   Southerly   along   said   Westerly
16        right-of-way line, to the South  line  of  the  Southwest
17        quarter  of  Section 33 aforesaid; thence East along said
18        South line to the point of beginning.
19             Area 5
20             The North 195.00 feet of the west 365.67 feet of the
21        West 1/2 of the Northeast 1/4 of Section 4,  Township  40
22        North, Range 12 East of the Third Principal Meridian.
23             And also
24             The  north  50.00  feet  of  the  East  1/2  of  the
25        Northwest  1/4  of said Section 4 (except that part lying
26        westerly  of  the  easterly  right-of-way  line  of   the
27        Wisconsin   Central   Railroad,  formerly  known  as  the
28        Minneapolis, St. Paul and Sault Ste. Marie Railroad), the
29        east 40.00 feet of the north 195.00 feet except the north
30        50.00 feet thereof of said East 1/2, and all that part of
31        said East 1/2 described as  follows:   Beginning  at  the
32        northwest   corner  of  Origer  and  Davis'  Addition  to
33        Rosemont, being a subdivision of part of said 1/4 Section
34        according to the plat thereof recorded May  27,  1963  as
 
SB745 Engrossed             -1543-             LRB9101253EGfg
 1        Document  Number  18807143,  in  Cook  County,  Illinois;
 2        thence   westerly   along  the  northerly  line  of  said
 3        Subdivision extended westerly to said  easterly  Railroad
 4        right-of-way   line;   thence  northwesterly  along  said
 5        right-of-way line to the southerly line  of  north  50.00
 6        feet  of  said  1/4  Section;  thence easterly along said
 7        southerly line  to  the  easterly  right-of-way  line  of
 8        Kirschoff    Avenue;    thence   southerly   along   said
 9        right-of-way line to its intersection with the  southerly
10        line  of  Schullo's Resubdivision extended easterly, said
11        Resubdivision being a Resubdivision of part of  said  1/4
12        section  according  to the plat thereof recorded June 17,
13        1960  as  Document  Number  17885160  in   Cook   County,
14        Illinois;  thence  westerly  along  said  southerly  line
15        extended  and said southerly line to the southwest corner
16        of said Resubdivision;  thence  northwesterly  along  the
17        westerly  line  of  said  Resubdivision  to the northwest
18        corner thereof; thence westerly along the northerly  line
19        of   said  Resubdivision  extended  westerly  to  a  line
20        parallel with and 40.00 feet  easterly  of  the  easterly
21        right-of-way  line of said Railroad; thence northwesterly
22        along said parallel line to said point of beginning.
23             And also
24             That part  of  the  Southwest  1/4  of  Section  33,
25        Township  41  North, Range 12 East of the Third Principal
26        Meridian lying southerly of  the  centerline  of  Higgins
27        Road  and  easterly of a north line parallel to the south
28        line of said 1/4 Section, beginning 565.84 feet  west  of
29        the  northeast  corner of the Northwest 1/4 of Section 4,
30        Township 40 North, Range 12 East of the  Third  Principal
31        Meridian all in Cook County, Illinois.
32             That part of the Southwest quarter of Section 3, the
33        Southeast  quarter of Section 4, the Northeast quarter of
34        Section 9, and  the  Northwest  quarter  of  Section  10,
 
SB745 Engrossed             -1544-             LRB9101253EGfg
 1        Township  40  North, Range 12 East of the Third Principal
 2        Meridian,  in  the  Village  of  Rosemont,  Cook  County,
 3        Illinois, described as follows:
 4             Beginning in the West half of the Northeast  quarter
 5        of  Section 9 aforesaid, at the intersection of the South
 6        line of 61st Street with the Easterly right of  way  line
 7        of  the  Minneapolis,  St.  Paul  and  Sault  Ste.  Marie
 8        Railroad  right-of-way;  thence East along the South line
 9        of 61st Street and its Easterly extension,  to  the  East
10        line of Pearl Street; thence North along the East line of
11        Pearl  Street  to  the  South line of 62nd Street; thence
12        East along the South line of 62nd Street to the  Westerly
13        right-of-way line of the Illinois State Toll Road; thence
14        Southerly  along  the  Westerly  right-of-way line of the
15        Toll Road to a point on a Westerly extension of the South
16        line of Allen Avenue; thence  East  along  said  Westerly
17        extension,  and  along  the South line of Allen Avenue to
18        the West line of Otto Avenue; thence South along the West
19        line of Otto Avenue to a point on a Westerly extension of
20        the North line of the South 30 feet of Lot  12  in  First
21        Addition  to B.L. Carlsen's Industrial Subdivision, being
22        a Resubdivision in the Northeast  quarter  of  Section  9
23        aforesaid,  according  to the plat thereof recorded March
24        5, 1962 as Document  18416079;  thence  East  along  said
25        Westerly  extension,  and  along the aforementioned North
26        line of the South 30 feet of Lot 12, to the East line  of
27        Lot 12; thence North along the East line of Lot 12, being
28        also the East line of the Northeast quarter of Section 9,
29        to  the North line of Owner's Division of parts of Lots 4
30        and 5 of Henry Hachmeister's Division, in  the  Northwest
31        quarter  of  Section 10, aforesaid, according to the plat
32        thereof recorded April 25,  1949  as  Document  14539019;
33        thence East along the North line of said Owner's Division
34        to  the  West  line  of  Lot  3 in said Owner's Division;
 
SB745 Engrossed             -1545-             LRB9101253EGfg
 1        thence South  along  the  West  line  of  Lot  3  to  the
 2        Southwest  corner  thereof;  thence  East along the South
 3        line of Lot 3 to the Northwest corner of Lot  4  in  said
 4        Owner's Division; thence South along the West line of Lot
 5        4  to the Southwest corner thereof; thence East along the
 6        South line  of  Lot  4,  and  said  South  line  extended
 7        Easterly,  to  the  Easterly  right  of way line of River
 8        Road; thence Northerly along the Easterly line  of  River
 9        Road  to  the  South  line of Crossroads Industrial Park,
10        being a Subdivision in the Northwest quarter  of  Section
11        10  aforesaid,  according  to  the  plat thereof recorded
12        August 8, 1957 as Document 16980725;  thence  East  along
13        the  South line of said Crossroads Industrial Park to the
14        Southeast corner thereof; thence Northeasterly along  the
15        Easterly  line  of  said  Crossroads Industrial Park, and
16        said Easterly line extended, to the North  line  of  Bryn
17        Mawr  Avenue,  in  the  Southwest  quarter  of  Section 3
18        aforesaid; thence Northerly along the  Westerly  line  of
19        the  Forest  Preserve  District  of  Cook  County, to the
20        Southerly right-of-way line of  the  Kennedy  Expressway,
21        thence   west   along   and   following   the   southerly
22        right-of-way  line  of  the  Kennedy  Expressway  to  the
23        Easterly  right-of-way line of the Minneapolis, St. Paul,
24        and  Sault  Ste.  Marie  Railroad  right-of-way;   thence
25        Southeasterly  along  said  Easterly right-of-way line to
26        the point of beginning.

27        (735 ILCS 5/7-103.69 new)
28        Sec. 7-103.69.  Quick-take; City of Evanston.  Quick-take
29    proceedings under Section 7-103 may be used for a  period  of
30    one year after July 30, 1998, by the City of Evanston for the
31    acquisition  for  redevelopment purposes of the real property
32    legally described as:
33             Lots 5 and 6 in Dempster's Subdivision of  Block  66
 
SB745 Engrossed             -1546-             LRB9101253EGfg
 1        in  the  Village (now City) of Evanston in the South West
 2        1/4 of Section 18, Township 41 North, Range  14  East  of
 3        the  Third  Principal  Meridian, in Cook County, Illinois
 4        and commonly known as  906-08  Church  Street,  Evanston,
 5        Illinois; and
 6             Lots   7,  8,  9,  10,  11,  and  12  in  Dempster's
 7        Subdivision  of  Block  66  in  Village  (now  City)   of
 8        Evanston,  in  the South West 1/4 of Section 18, Township
 9        41 North, Range 14 East of the Third Principal  Meridian,
10        in  Cook  County,  Illinois and commonly known as 910-926
11        Church Street, Evanston, Illinois.

12        (735 ILCS 5/7-103.70 new)
13        Sec.   7-103.70.  Quick-take;    Southwestern    Illinois
14    Development  Authority.  Quick-take proceedings under Section
15    7-103 may be used for a period from May 22,  1998  to  August
16    30,  2000, by the Southwestern Illinois Development Authority
17    pursuant to the Southwestern Illinois  Development  Authority
18    Act for a project as defined in Section 3 of that Act.

19        (735 ILCS 5/9-111.1)
20        Sec. 9-111.1.  Lease to bona fide tenant.  Upon the entry
21    of  a judgment in favor of a board of managers for possession
22    of property under the Condominium Property Act,  as  provided
23    in Section 9-111 of this Act, and upon delivery of possession
24    of  the  premises by the sheriff or other authorized official
25    to the board of  managers  pursuant  to  execution  upon  the
26    judgment,  the  board  of  managers  shall have the right and
27    authority, incidental to the right of possession  of  a  unit
28    under the judgment, but not the obligation, to lease the unit
29    to  a bona fide tenant (whether the tenant is in occupancy or
30    not) pursuant to a written lease for a term not to exceed  13
31    months  from  the  date of expiration of the stay of judgment
32    unless  extended  by  order  of  court  upon  notice  to  the
 
SB745 Engrossed             -1547-             LRB9101253EGfg
 1    dispossessed unit owner.  The board of managers  shall  first
 2    apply all rental income to assessments and other charges sued
 3    upon  in the action for possession plus statutory interest on
 4    a monetary judgment, if any, attorneys' fees, and court costs
 5    incurred; and then to other  expenses  lawfully  agreed  upon
 6    (including  late  charges), any fines and reasonable expenses
 7    necessary  to  make  the  unit  rentable,   and   lastly   to
 8    assessments accrued thereafter until assessments are current.
 9    Any  surplus  shall be remitted to the unit owner.  The court
10    shall retain jurisdiction to determine the reasonableness  of
11    the expense of making the unit rentable.
12    (Source: P.A. 88-417, revised 10-31-98.)

13        (735 ILCS 5/Art. IX, Part 2 heading)
14     Part 2.  Recovery of Rent; Termination of Certain Tenancies

15        (735 ILCS 5/12-101) (from Ch. 110, par. 12-101)
16        Sec.  12-101.   Lien  of  judgment.   With respect to the
17    creation of liens on  real  estate  by  judgments,  all  real
18    estate in the State of Illinois is divided into 2 classes.
19        The  first class consists of all real property, the title
20    to which is registered under "An Act concerning land titles",
21    approved May 1, 1897, as amended.
22        The second  class  consists  of  all  real  property  not
23    registered under "An Act concerning land titles".
24        As  to  real estate in class one, a judgment is a lien on
25    the real estate of the person against whom it is entered  for
26    the  same  period as in class two, when Section 85 of "An Act
27    concerning land titles", has been complied with.
28        As to real estate included within class two,  a  judgment
29    is a lien on the real estate of the person against whom it is
30    entered  in any county in this State, including the county in
31    which it  is  entered,  only  from  the  time  a  transcript,
32    certified  copy or memorandum of the judgment is filed in the
 
SB745 Engrossed             -1548-             LRB9101253EGfg
 1    office of the recorder in the county in which the real estate
 2    is located.  A judgment resulting from the entry of an  order
 3    requiring  child  support  payments  shall be a lien upon the
 4    real estate of the person obligated to make the child support
 5    payments, but shall not be enforceable in any county of  this
 6    State  until  a  transcript, certified copy, or memorandum of
 7    the lien is filed in the office of the recorder in the county
 8    in which the real estate is  located.    Any  lien  hereunder
 9    arising  out  of an order for support shall be a lien only as
10    to and from the time that an installment or  payment  is  due
11    under the terms of the order.  Further, the order for support
12    shall  not be a lien on real estate to the extent of payments
13    made as evidenced by the records of the Clerk of the  Circuit
14    Court  or  State  agency  receiving  payments pursuant to the
15    order.  In the event payments made pursuant to that order are
16    not paid to the Clerk of the Circuit Court or a State agency,
17    then each lien imposed by this Section may be released in the
18    following manner:
19             (a)  A Notice of Filing  and  an  affidavit  stating
20        that  all  installments  of  child support required to be
21        paid pursuant to the order under which the lien or  liens
22        were  imposed  have  been  paid  shall  be filed with the
23        office of recorder in each county in which each such lien
24        appears of record, together with proof of service of such
25        notice and affidavit upon the recipient of such payments.
26             (b)  Service of such affidavit shall be by any means
27        authorized under Sections 2-203 and 2-208 of the Code  of
28        Civil  Procedure  or  under  Supreme  Court  Rules  11 or
29        105(b).
30             (c)  The Notice of Filing shall set forth  the  name
31        and  address  of  the  judgment  debtor  and the judgment
32        creditor, the court file number of the order giving  rise
33        to  the  judgment  and, in capital letters, the following
34        statement:
 
SB745 Engrossed             -1549-             LRB9101253EGfg
 1        YOU ARE HEREBY NOTIFIED THAT ON (insert date) ...., 19..,
 2     THE ATTACHED AFFIDAVIT  WAS  FILED  IN  THE  OFFICE  OF  THE
 3    RECORDER OF .... COUNTY, ILLINOIS, WHOSE ADDRESS IS ........,
 4    ILLINOIS.  IF, WITHIN 28 DAYS OF THE DATE OF THIS NOTICE, YOU
 5    FAIL  TO  FILE  AN  AFFIDAVIT OBJECTING TO THE RELEASE OF THE
 6    STATED JUDGMENT LIEN OR LIENS,  IN  THE  ABOVE  OFFICE,  SUCH
 7    JUDGMENT  LIEN  WILL  BE  DEEMED TO BE RELEASED AND NO LONGER
 8    SUBJECT TO FORECLOSURE.  THIS RELEASE OF LIEN WILL NOT ACT AS
 9    A SATISFACTION OF SUCH JUDGMENT.
10             (d)  If no affidavit objecting to the release of the
11        lien or liens is filed  within  28  days  of  the  Notice
12        described  in  paragraph (c) of this Section such lien or
13        liens shall be  deemed  to  be  released  and  no  longer
14        subject to foreclosure.
15        A judgment is not a lien on real estate for longer than 7
16    years from the time it is entered or revived.
17        When  a  judgment  is  revived  it  is a lien on the real
18    estate of the person against  whom  it  was  entered  in  any
19    county  in  this  State from the time a transcript, certified
20    copy or memorandum of the order of revival is  filed  in  the
21    office of the recorder in the county in which the real estate
22    is located.
23        A foreign judgment registered pursuant to Sections 12-601
24    through  12-618 of this Act is a lien upon the real estate of
25    the person against whom it was entered only from the time (1)
26    a certified copy of the verified petition for registration of
27    the foreign judgment or (2) a transcript, certified  copy  or
28    memorandum  of  the final judgment of the court of this State
29    entered on that foreign judgment is filed in  the  office  of
30    the  recorder  in  the  county  in  which  the real estate is
31    located. However, no such judgment shall be  a  lien  on  any
32    real estate registered under "An Act concerning land titles",
33    as  amended,  until  Section 85 of that Act has been complied
34    with.
 
SB745 Engrossed             -1550-             LRB9101253EGfg
 1        The  release  of  any  transcript,  certified   copy   or
 2    memorandum  of  judgment  or  order of revival which has been
 3    recorded shall be filed by the person receiving  the  release
 4    in the office of the recorder in which such judgment or order
 5    has been recorded.
 6        Such release shall contain in legible letters a statement
 7    as follows:
 8        FOR  THE  PROTECTION  OF THE OWNER, THIS RELEASE SHALL BE
 9         FILED WITH THE  RECORDER  OR  THE  REGISTRAR  OF  TITLES
10            IN WHOSE OFFICE THE LIEN WAS FILED.
11        The  term  "memorandum"  as  used in this Section means a
12    memorandum or copy of the judgment signed by  a  judge  or  a
13    copy  attested  by  the  clerk  of  the court entering it and
14    showing the court in which entered, date, amount,  number  of
15    the  case in which it was entered, name of the party in whose
16    favor and name and last known address of  the  party  against
17    whom  entered.   If the address of the party against whom the
18    judgment was entered is not known, the memorandum or copy  of
19    judgment shall so state.
20        The  term "memorandum" as used in this Section also means
21    a memorandum or copy of a child support  order  signed  by  a
22    judge  or  a copy attested by the clerk of the court entering
23    it or a copy attested by the administrative body entering it.
24        This  Section  shall  not  be  construed  as  showing  an
25    intention of the legislature to create a  new  classification
26    of  real  estate,  but  shall  be  construed  as  showing  an
27    intention  of  the  legislature  to continue a classification
28    already existing.
29    (Source: P.A. 90-18, eff. 7-1-97; revised 10-19-98.)

30        (735 ILCS 5/12-147) (from Ch. 110, par. 12-147)
31        Sec.  12-147.   Form  of   deed.    The   deed   may   be
32    substantially, in the following form:
33        Whereas,  A.B.  ....  in  the  ....  court of .... county
 
SB745 Engrossed             -1551-             LRB9101253EGfg
 1    recovered a judgment against C.D. for the  sum  of  ....  and
 2    costs  on (insert date) ..... 19...., and a certified copy of
 3    the judgment, issued  on  (insert  date),  .......  19..,  by
 4    virtue  of  which  ....  levied upon the premises hereinafter
 5    described, and the time and place of the sale thereof  having
 6    been  duly  advertised according to law, the same were struck
 7    off and sold to ...., he or she being the  highest  and  best
 8    bidder  therefor.   (If the certificate has been transferred,
 9    recite the fact.)
10        Now, therefore, I,  ....,  of  the  county  of  ....,  in
11    consideration  of the premises, hereby convey to ...., his or
12    her heirs and assigns, the following described lot or  parcel
13    of  land (here describe the premises) to have and to hold the
14    same with all the appurtenances thereto belonging forever.
15    ............(Date)               .................(Signature)
16    (Source: P.A. 83-707; revised 10-19-98.)

17        (735 ILCS 5/12-153) (from Ch. 110, par. 12-153)
18        Sec. 12-153.  Form of certificate.  The  certificate  may
19    be substantially in the following form:
20    STATE OF ILLINOIS,)
21                      ) ss.
22    ..... County.     )
23        I  (here  state  the name of the officer and the title of
24    his or her office) do hereby certify  that  by  virtue  of  a
25    judgment  from  the  ....  court  of .... county, in favor of
26    ...., against ...., dated (insert  date),  the  ....  day  of
27    ....,  19..,  I  did, on (insert date), the .... day of ....,
28    19.., levy upon the following premises.  (Here  describe  the
29    premises.)
30                            (Signature.)
31    (Source: P.A. 82-280; revised 10-20-98.)

32        (735 ILCS 5/12-164) (from Ch. 110, par. 12-164)
 
SB745 Engrossed             -1552-             LRB9101253EGfg
 1        Sec.  12-164.   Proceedings  on  delivery  bond.   If the
 2    officer does not obtain satisfaction of the judgment,  he  or
 3    she  shall  return  the  bond  with the certified copy of the
 4    judgment, and  the  creditor  shall  be  allowed  to  recover
 5    thereon  the amount of the judgment, with interest and costs,
 6    or if the value of the property so levied upon  is  shown  by
 7    the  judgment debtor to be less than such judgment and costs,
 8    the value thereof, with 10%. damages for the delay.
 9    (Source: P.A. 82-280; revised 10-31-98.)

10        (735 ILCS 5/12-183) (from Ch. 110, par. 12-183)
11        Sec. 12-183.  Release of judgment.
12        (a)  Every judgment creditor,  his  or  her  assignee  of
13    record  or  other  legal  representative having received full
14    satisfaction or payment of all such  sums  of  money  as  are
15    really  due  to  him  or  her from the judgment debtor on any
16    judgment rendered in a court shall, at  the  request  of  the
17    judgment  debtor  or his or her legal representative, execute
18    and deliver to the  judgment  debtor  or  his  or  her  legal
19    representative   an  instrument  in  writing  releasing  such
20    judgment.
21        (b)  If the judgment creditor,  his  or  her  assigns  of
22    record  or other legal representative to whom tender has been
23    made of all sums of money due him or her  from  the  judgment
24    debtor  including  interest,  on  any  judgment  entered by a
25    court, wilfully fails or  refuses,  at  the  request  of  the
26    judgment debtor or his or her legal representative to execute
27    and  deliver  to  the  judgment  debtor  or  his or her legal
28    representative  an  instrument  in  writing  releasing   such
29    judgment, the judgment debtor may petition the court in which
30    such  judgment  is  of record, making tender therewith to the
31    court of all sums due  in  principal  and  interest  on  such
32    judgment,  for  the  use of the judgment creditor, his or her
33    executors, administrators or  assigns,  whereupon  the  court
 
SB745 Engrossed             -1553-             LRB9101253EGfg
 1    shall  enter  an  order satisfying the judgment and releasing
 2    all liens based on such judgment.
 3        (c)  For the recording of  assignment of any judgment the
 4    clerk of the court in which such judgment  is  of  record  is
 5    allowed a fee of $2.
 6        (d)  A satisfaction of a judgment may be delivered to the
 7    judgment  debtor,  his or her attorney or to the clerk of the
 8    court in which such judgment is of record.
 9        (e)  The clerk shall not be allowed any fee for recording
10    the satisfaction of judgment. The clerk of  the  court  shall
11    make  appropriate notation on the judgment docket of the book
12    and page where any release or assignment of any  judgment  is
13    recorded.
14        (f)  No judgment shall be released of record except by an
15    instrument  in  writing  recorded  in the court in which such
16    judgment is of record.  However, nothing  contained  in  this
17    Section  affects in any manner the validity of any release of
18    judgment made, prior to January  1,  1952,  in  judgment  and
19    execution  dockets  by  the  judgment  creditor,  his  or her
20    attorney, assignee or other legal representative.
21        (g)  The writ of audita  querela  is  abolished  and  all
22    relief  heretofore  obtainable  and  grounds  for such relief
23    heretofore available, whether by the writ of  audita  querela
24    or  otherwise,  shall  be available in every case by petition
25    hereunder, regardless of the nature of the order or  judgment
26    from  which relief is sought or of the proceeding in which it
27    was entered. There shall be no  distinction  between  actions
28    and   other   proceedings,  statutory  or  otherwise,  as  to
29    availability  of  relief,  grounds  for  relief   or   relief
30    obtainable.   The   petition  shall  be  filed  in  the  same
31    proceeding in which the order or  judgment  was  entered  and
32    shall  be supported by affidavit or other appropriate showing
33    as to matters not of record.  All  parties  to  the  petition
34    shall be notified as provided by rule.
 
SB745 Engrossed             -1554-             LRB9101253EGfg
 1        (h)  Upon the filing of a release or satisfaction in full
 2    satisfaction  of judgment, signed by the party in whose favor
 3    the judgment was entered or his or her  attorney,  the  court
 4    shall vacate the judgment, and dismiss the action.
 5        (i)  Any  judgment  arising  out  of an order for support
 6    shall not be a judgment to the extent  of  payments  made  as
 7    evidenced by the records of the Clerk of the Circuit Court or
 8    State  agency  receiving  payments pursuant to the order.  In
 9    the event payments made pursuant to that order are  not  paid
10    to the Clerk of the Circuit Court or a State agency, then any
11    judgment  arising  out  of  each  order  for  support  may be
12    released in the following manner:
13        (1)  A Notice of Filing and an affidavit stating that all
14    installments of child support required to be paid pursuant to
15    the order under which the judgment or judgments were  entered
16    have been paid shall be filed with the office of the court or
17    agency  entering  said order for support, together with proof
18    of service of such notice and affidavit upon the recipient of
19    such payments.
20        (2)  Service of such affidavit  shall  be  by  any  means
21    authorized  under  Sections  2-203  and  2-208 of the Code of
22    Civil Procedure or under Supreme Court Rules 11 or 105(b).
23        (3)  The Notice of Filing shall set forth  the  name  and
24    address of the judgment debtor and the judgment creditor, the
25    court  file  number  of the order giving rise to the judgment
26    and, in capital letters, the following statement:
27        YOU ARE HEREBY NOTIFIED THAT ON (insert date) ....,  19..
28    , THE ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE CLERK
29    OF  THE CIRCUIT COURT OF .... COUNTY, ILLINOIS, WHOSE ADDRESS
30    IS ........, ILLINOIS.  IF, WITHIN 28 DAYS  OF  THE  DATE  OF
31    THIS  NOTICE,  YOU FAIL TO FILE AN AFFIDAVIT OBJECTING TO THE
32    SATISFACTION OF THE STATED JUDGMENT OR JUDGMENTS IN THE ABOVE
33    OFFICE, THE SAID JUDGMENTS WILL BE DEEMED TO BE SATISFIED AND
34    NOT ENFORCEABLE.  THE SATISFACTION WILL NOT PREVENT YOU  FROM
 
SB745 Engrossed             -1555-             LRB9101253EGfg
 1    ENFORCING THE ORDER FOR SUPPORT THROUGH THE COURT.
 2        (4)  If no affidavit objecting to the satisfaction of the
 3    judgment  or  judgments is filed within 28 days of the Notice
 4    described in paragraph  (3)  of  this  subsection  (i),  such
 5    judgment or judgments shall be deemed to be satisfied and not
 6    enforceable.
 7    (Source: P.A. 85-1156; revised 10-19-98.)

 8        (735 ILCS 5/15-1504) (from Ch. 110, par. 15-1504)
 9        Sec. 15-1504.  Pleadings and service.
10        (a)  Form  of  Complaint.  A foreclosure complaint may be
11    in substantially the following form:
12             (1)  Plaintiff files this complaint to foreclose the
13        mortgage  (or  other  conveyance  in  the  nature  of   a
14        mortgage)  (hereinafter  called  "mortgage")  hereinafter
15        described  and  joins the following person as defendants:
16        (here insert names of all defendants).
17             (2)  Attached as  Exhibit  "A"  is  a  copy  of  the
18        mortgage and as Exhibit "B" is a copy of the note secured
19        thereby.
20             (3)  Information concerning mortgage:
21                  (A)  Nature of instrument: (here insert whether
22             a  mortgage,  trust  deed or other instrument in the
23             nature of a mortgage, etc.)
24                  (B)  Date of mortgage:
25                  (C)  Name of mortgagor:
26                  (D)  Name of mortgagee:
27                  (E)  Date and place of recording:
28                  (F)  Identification of recording: (here  insert
29             book and page number or document number)
30                  (G)  Interest  subject  to the mortgage:  (here
31             insert  whether  fee  simple,  estate   for   years,
32             undivided interest, etc.)
33                  (H)  Amount of original indebtedness, including
 
SB745 Engrossed             -1556-             LRB9101253EGfg
 1             subsequent advances made under the mortgage:
 2                  (I)  Both   the   legal   description   of  the
 3             mortgaged real estate  and  the  common  address  or
 4             other  information  sufficient  to  identify it with
 5             reasonable certainty:
 6                  (J)  Statement as to defaults,  including,  but
 7             not necessarily limited to, date of default, current
 8             unpaid   principal   balance,   per   diem  interest
 9             accruing, and any further information concerning the
10             default:
11                  (K)  Name of present owner of the real estate:
12                  (L)  Names of other persons who are  joined  as
13             defendants  and  whose  interest  in  or lien on the
14             mortgaged real estate is sought to be terminated:
15                  (M)  Names  of   defendants   claimed   to   be
16             personally liable for deficiency, if any:
17                  (N)  Capacity  in  which  plaintiff brings this
18             foreclosure (here indicate whether plaintiff is  the
19             legal  holder  of  the  indebtedness,  a pledgee, an
20             agent, the trustee under a trust deed or  otherwise,
21             as appropriate):
22                  (O)  Facts  in  support  of  redemption  period
23             shorter  than  the  longer  of (i) 7 months from the
24             date the mortgagor or, if more  than  one,  all  the
25             mortgagors  (I)  have been served with summons or by
26             publication or (II) have otherwise submitted to  the
27             jurisdiction of the court, or (ii) 3 months from the
28             entry  of  the  judgment  of  foreclosure, if sought
29             (here indicate whether based upon  the  real  estate
30             not  being  residential, abandonment, or real estate
31             value less than 90% of amount owed, etc.):
32                  (P)  Statement that the right of redemption has
33             been  waived  by  all  owners  of   redemption,   if
34             applicable:
 
SB745 Engrossed             -1557-             LRB9101253EGfg
 1                  (Q)  Facts in support of request for attorneys'
 2             fees and of costs and expenses, if applicable:
 3                  (R)  Facts   in   support   of  a  request  for
 4             appointment  of  mortgagee  in  possession  or   for
 5             appointment   of  receiver,  and  identity  of  such
 6             receiver, if sought:
 7                  (S)  Offer  to  mortgagor  in  accordance  with
 8             Section 15-1402 to accept title to the  real  estate
 9             in  satisfaction of all indebtedness and obligations
10             secured by the mortgage without  judicial  sale,  if
11             sought:
12                  (T)  Name or names of defendants whose right to
13             possess   the   mortgaged  real  estate,  after  the
14             confirmation of a foreclosure sale, is sought to  be
15             terminated  and,  if not elsewhere stated, the facts
16             in support thereof:

17                         REQUEST FOR RELIEF
18        Plaintiff requests:
19             (i)  A judgment of foreclosure and sale.
20             (ii)  An  order  granting  a  shortened   redemption
21        period, if sought.
22             (iii)  A  personal  judgment  for  a  deficiency, if
23        sought.
24             (iv)  An order granting possession, if sought.
25             (v)  An order placing the mortgagee in possession or
26        appointing a receiver, if sought.
27             (vi)  A judgment  for  attorneys'  fees,  costs  and
28        expenses, if sought.

29        (b)  Required  Information.  A foreclosure complaint need
30    contain only such statements and requests called for  by  the
31    form set forth in subsection (a) of Section 15-1504 as may be
32    appropriate  for  the  relief  sought.  Such complaint may be
33    filed as a counterclaim, may be joined with other  counts  or
 
SB745 Engrossed             -1558-             LRB9101253EGfg
 1    may include in the same count additional matters or a request
 2    for any additional relief permitted by Article II of the Code
 3    of Civil Procedure.
 4        (c)  Allegations.    The   statements   contained   in  a
 5    complaint in the form set forth in subsection (a) of  Section
 6    15-1504  are  deemed  and construed to include allegations as
 7    follows:
 8             (1)  on  the  date  indicated  the  obligor  of  the
 9        indebtedness or other obligations secured by the mortgage
10        was justly  indebted  in  the  amount  of  the  indicated
11        original  indebtedness to the original mortgagee or payee
12        of the mortgage note;
13             (2)  that the exhibits attached are true and correct
14        copies of the mortgage and note and are incorporated  and
15        made a part of the complaint by express reference;
16             (3)  that the mortgagor was at the date indicated an
17        owner of the interest in the real estate described in the
18        complaint  and  that  as  of that date made, executed and
19        delivered the mortgage as security for the note or  other
20        obligations;
21             (4)  that the mortgage was recorded in the county in
22        which  the  mortgaged real estate is located, on the date
23        indicated, in the book and page or as the document number
24        indicated;
25             (5)  that defaults occurred as indicated;
26             (6)  that at the time of the filing of the complaint
27        the persons named as present owners are the owners of the
28        indicated interests in and to the real estate described;
29             (7)  that the mortgage constitutes  a  valid,  prior
30        and  paramount  lien  upon  the indicated interest in the
31        mortgaged real estate, which lien is prior  and  superior
32        to  the  right,  title,  interest,  claim  or lien of all
33        parties and nonrecord claimants whose  interests  in  the
34        mortgaged real estate are sought to be terminated;
 
SB745 Engrossed             -1559-             LRB9101253EGfg
 1             (8)  that  by reason of the defaults alleged, if the
 2        indebtedness has not matured by its terms, the  same  has
 3        become  due  by  the  exercise, by the plaintiff or other
 4        persons having such power, of a right or power to declare
 5        immediately due and payable the whole of all indebtedness
 6        secured by the mortgage;
 7             (9)  that any and all notices of default or election
 8        to declare the indebtedness  due  and  payable  or  other
 9        notices  required to be given have been duly and properly
10        given;
11             (10)  that any and all periods  of  grace  or  other
12        period  of  time  allowed  for  the  performance  of  the
13        covenants or conditions claimed to be breached or for the
14        curing of any breaches have expired; and
15             (11)  that the amounts indicated in the statement in
16        the  complaint are correctly stated and if such statement
17        indicates  any  advances  made  or  to  be  made  by  the
18        plaintiff or owner of  the  mortgage  indebtedness,  that
19        such  advances were, in fact, made or will be required to
20        be made, and under and by virtue of the mortgage the same
21        constitute  additional  indebtedness   secured   by   the
22        mortgage; and .
23             (12)  that,  upon  confirmation  of  the  sale,  the
24        holder of the certificate of sale or deed issued pursuant
25        to  that  certificate  or,  if no certificate or deed was
26        issued, the purchaser at the sale  will  be  entitled  to
27        full  possession of the mortgaged real estate against the
28        parties  named  in  clause  (T)  of  paragraph   (3)   of
29        subsection  (a)  of  Section  15-1504 or elsewhere to the
30        same effect; the omission of  any  party  indicates  that
31        plaintiff  will  not seek a possessory order in the order
32        confirming sale unless the request is  subsequently  made
33        under  subsection  (h)  of Section 15-1701 or by separate
34        action under Article 9 of this Code.
 
SB745 Engrossed             -1560-             LRB9101253EGfg
 1        (d)  Request for Fees and  Costs.   A  statement  in  the
 2    complaint  that  plaintiff  seeks the inclusion of attorneys'
 3    fees and of costs and expenses shall be deemed and  construed
 4    to include allegations that:
 5             (1)  plaintiff  has  been  compelled  to  employ and
 6        retain attorneys to prepare and file the complaint and to
 7        represent and advise the plaintiff in the foreclosure  of
 8        the mortgage and the plaintiff will thereby become liable
 9        for  the  usual,  reasonable  and  customary  fees of the
10        attorneys in that behalf;
11             (2)  that  the  plaintiff  has  been  compelled   to
12        advance  or will be compelled to advance, various sums of
13        money  in  payment   of   costs,   fees,   expenses   and
14        disbursements    incurred    in   connection   with   the
15        foreclosure, including, without limiting  the  generality
16        of  the  foregoing,  filing  fees,  stenographer's  fees,
17        witness  fees,  costs  of publication, costs of procuring
18        and preparing documentary evidence and costs of procuring
19        abstracts of  title,  Torrens  certificates,  foreclosure
20        minutes and a title insurance policy;
21             (3)  that  under the terms of the mortgage, all such
22        advances, costs, attorneys' fees and other fees, expenses
23        and disbursements are made a lien upon the mortgaged real
24        estate and the plaintiff is entitled to recover all  such
25        advances,    costs,   attorneys'   fees,   expenses   and
26        disbursements, together with interest on all advances  at
27        the  rate  provided  in  the  mortgage, or, if no rate is
28        provided therein, at the statutory  judgment  rate,  from
29        the date on which such advances are made;
30             (4)  that  in  order  to  protect  the  lien  of the
31        mortgage, it may become necessary for  plaintiff  to  pay
32        taxes  and  assessments  which have been or may be levied
33        upon the mortgaged real estate;
34             (5)  that in  order  to  protect  and  preserve  the
 
SB745 Engrossed             -1561-             LRB9101253EGfg
 1        mortgaged  real  estate, it may also become necessary for
 2        the plaintiff to pay liability (protecting mortgagor  and
 3        mortgagee),  fire  and other hazard insurance premiums on
 4        the mortgaged real  estate,  make  such  repairs  to  the
 5        mortgaged   real  estate  as  may  reasonably  be  deemed
 6        necessary for the proper  preservation  thereof,  advance
 7        for  costs  to  inspect  the  mortgaged real estate or to
 8        appraise it,  or  both,  and  advance  for  premiums  for
 9        pre-existing  private  or governmental mortgage insurance
10        to the extent required after a foreclosure  is  commenced
11        in order to keep such insurance in force; and
12             (6)  that under the terms of the mortgage, any money
13        so   paid   or   expended   will   become  an  additional
14        indebtedness  secured  by  the  mortgage  and  will  bear
15        interest from the date such monies are  advanced  at  the
16        rate  provided  in  the  mortgage,  or,  if  no  rate  is
17        provided, at the statutory judgment rate.
18        (e)  Request    for   Foreclosure.    The   request   for
19    foreclosure  is  deemed  and  construed  to  mean  that   the
20    plaintiff requests that:
21             (1)  an  accounting may be taken under the direction
22        of the  court  of  the  amounts  due  and  owing  to  the
23        plaintiff;
24             (2)  that  the  defendants  be ordered to pay to the
25        plaintiff before expiration of any redemption period (or,
26        if no redemption period, before a short date fixed by the
27        court) whatever sums may appear to be due upon the taking
28        of such account, together with attorneys' fees and  costs
29        of  the  proceedings  (to  the  extent  provided  in  the
30        mortgage or by law);
31             (3)  that  in  default of such payment in accordance
32        with the judgment, the mortgaged real estate be  sold  as
33        directed  by  the court, to satisfy the amount due to the
34        plaintiff as set forth in the judgment, together with the
 
SB745 Engrossed             -1562-             LRB9101253EGfg
 1        interest thereon at the statutory judgment rate from  the
 2        date of the judgment;
 3             (4)  that  in the event the plaintiff is a purchaser
 4        of the mortgaged real estate at such sale, the  plaintiff
 5        may offset against the purchase price of such real estate
 6        the  amounts  due  under  the judgment of foreclosure and
 7        order confirming the sale;
 8             (5)  that in the event of such sale and the  failure
 9        of  any  person  entitled thereto to redeem prior to such
10        sale  pursuant  to  this  Article,  the  defendants  made
11        parties  to  the  foreclosure  in  accordance  with  this
12        Article, and all nonrecord claimants given notice of  the
13        foreclosure  in  accordance  with  this  Article, and all
14        persons claiming by, through or under them, and each  and
15        any and all of them, may be forever barred and foreclosed
16        of  any  right, title, interest, claim, lien, or right to
17        redeem in and to the mortgaged real estate; and
18             (6)  that if no redemption is  made  prior  to  such
19        sale,  a  deed  may  be  issued  to the purchaser thereat
20        according  to  law  and  such  purchaser  be   let   into
21        possession  of  the  mortgaged  real estate in accordance
22        with Part 17 of this Article.
23        (f)  Request for Deficiency Judgment.  A  request  for  a
24    personal judgment for a deficiency in a foreclosure complaint
25    if  the  sale of the mortgaged real estate fails to produce a
26    sufficient amount to pay the amount found due,  the plaintiff
27    may have  a  personal  judgment  against  any  party  in  the
28    foreclosure indicated as being personally liable therefor and
29    the enforcement thereof be had as provided by law.
30        (g)  Request  for  Possession  or Receiver. A request for
31    possession or appointment of a receiver has  the  meaning  as
32    stated in subsection (b) of Section 15-1706.
33        (h)  Answers   by  Parties.  Any  party  may  assert  its
34    interest by counterclaim and such  counterclaim  may  at  the
 
SB745 Engrossed             -1563-             LRB9101253EGfg
 1    option of that party stand in lieu of answer to the complaint
 2    for  foreclosure  and  all  counter  complaints previously or
 3    thereafter filed in the foreclosure.  Any  such  counterclaim
 4    shall  be  deemed  to constitute a statement that the counter
 5    claimant does not have sufficient knowledge to form a  belief
 6    as  to  the  truth  or  falsity  of  the  allegations  of the
 7    complaint and all other counterclaims, except to  the  extent
 8    that  the  counterclaim  admits  or  specifically denies such
 9    allegations.
10    (Source: P.A. 88-265; revised 10-31-98.)

11        Section 251.  The Interference With Utility Services  Act
12    is amended by changing Section 4 as follows:

13        (740 ILCS 95/4) (from Ch. 111 2/3, par. 1504)
14        Sec.   4.    The   rebuttable   presumption  provided  in
15    subsection (c) of Section 16-14 of the Criminal Code of 1961,
16    as now or hereafter amended, shall be fully applicable to all
17    causes  of  actions  brought  pursuant  to  this  Act.    The
18    presumption  provided  shall  only  shift the burden of going
19    forward with evidence, and shall in no event shift the burden
20    of proof to  the  defendant.   Any  evidence  of  a  judgment
21    entered  based  on  a  finding  of  guilt,  plea of guilty or
22    stipulation of guilt in a criminal cause  of  action  brought
23    pursuant  to  Section  16-14 of the Criminal Code of 1961, as
24    now or hereafter amended, shall be admissible  admissable  in
25    any  civil  action  brought pursuant to this Act to prove any
26    fact essential to sustaining a judgment.  The pendency of  an
27    appeal  may  be  shown  but does not affect the admissibility
28    admissability of evidence under this Section.
29    (Source: P.A. 86-379; revised 3-10-98.)

30        Section  252.   The  Mental  Health   and   Developmental
31    Disabilities  Confidentiality  Act  is  amended  by  changing
 
SB745 Engrossed             -1564-             LRB9101253EGfg
 1    Section 11 as follows:

 2        (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
 3        Sec.  11.   Disclosure  of  records  and  communications.
 4    Records  and communications may be disclosed:,
 5             (i)  in accordance with the provisions of the Abused
 6        and Neglected Child Reporting Act;
 7             (ii)  when,  and  to the extent, a therapist, in his
 8        or her sole discretion,  determines  that  disclosure  is
 9        necessary   to  initiate  or  continue  civil  commitment
10        proceedings under the laws of this State or to  otherwise
11        protect  the  recipient  or other person against a clear,
12        imminent risk of serious physical  or  mental  injury  or
13        disease or death being inflicted upon the recipient or by
14        the recipient on himself or another;
15             (iii)  when, and to the extent disclosure is, in the
16        sole  discretion  of  the  therapist,  necessary  to  the
17        provision of emergency medical care to a recipient who is
18        unable to assert or waive his or her rights hereunder;
19             (iv)  when  disclosure  is necessary to collect sums
20        or receive third party payment representing  charges  for
21        mental  health  or  developmental  disabilities  services
22        provided  by  a  therapist or agency to a recipient under
23        Chapter  V  of  the  Mental  Health   and   Developmental
24        Disabilities   Code   or  to  transfer  debts  under  the
25        Uncollected State Claims Act; however,  disclosure  shall
26        be  limited  to  information needed to pursue collection,
27        and the information so disclosed shall not  be  used  for
28        any  other purposes nor shall it be redisclosed except in
29        connection with collection activities;
30             (v)  when  requested  by  a   family   member,   the
31        Department  of  Human Services may assist in the location
32        of the interment site of  a  deceased  recipient  who  is
33        interred  in  a cemetery established under Section 100-26
 
SB745 Engrossed             -1565-             LRB9101253EGfg
 1        of  the  Mental  Health  and  Developmental  Disabilities
 2        Administrative Act;
 3             (vi)  in judicial proceedings under Article VIII  of
 4        Chapter  III  and  Article  V of Chapter IV of the Mental
 5        Health   and   Developmental   Disabilities   Code    and
 6        proceedings  and  investigations  preliminary thereto, to
 7        the State's Attorney for the county  or  residence  of  a
 8        person  who  is  the  subject  of such proceedings, or in
 9        which the person is found, or in which  the  facility  is
10        located,  to  the  attorney representing the recipient in
11        the  judicial  proceedings,  to  any  person  or   agency
12        providing  mental health services that are the subject of
13        the  proceedings  and  to  that  person's   or   agency's
14        attorney,  to  any  court  personnel,  including  but not
15        limited to judges and circuit  court  clerks,  and  to  a
16        guardian ad litem if one has been appointed by the court,
17        provided  that  the information so disclosed shall not be
18        utilized for any other purpose nor be redisclosed  except
19        in connection with the proceedings or investigations;
20             (vii)  when,   and   to  the  extent  disclosure  is
21        necessary to comply with the requirements of  the  Census
22        Bureau in taking the federal Decennial Census;
23             (viii)  when,  and to the extent, in the therapist's
24        sole discretion,  disclosure  is  necessary  to  warn  or
25        protect  a  specific  individual against whom a recipient
26        has made a specific threat of violence where there exists
27        a   therapist-recipient   relationship   or   a   special
28        recipient-individual relationship;
29             (ix)  in   accordance   with   the   Sex    Offender
30        Registration Act; and
31             (x)  in  accordance with the Rights of Crime Victims
32        and Witnesses Act.
33        Any person,  institution,  or  agency,  under  this  Act,
34    participating  in  good faith in the making of a report under
 
SB745 Engrossed             -1566-             LRB9101253EGfg
 1    the Abused and  Neglected  Child  Reporting  Act  or  in  the
 2    disclosure  of records and communications under this Section,
 3    shall have immunity from any liability,  civil,  criminal  or
 4    otherwise,  that  might  result by reason of such action. For
 5    the purpose of any proceeding, civil or criminal, arising out
 6    of a report or disclosure under this Section, the good  faith
 7    of  any  person,  institution,  or  agency  so  reporting  or
 8    disclosing shall be presumed.
 9    (Source:  P.A.  89-439,  eff.  6-1-96;  89-507,  eff. 7-1-97;
10    90-423, eff. 8-15-97;  90-538,  eff.  12-1-97;  90-655,  eff.
11    7-30-98; revised 10-31-98.)

12        Section  253.   The Oil Spill Responders Liability Act is
13    amended by changing Section 5 as follows:

14        (740 ILCS 113/5)
15        Sec. 5. Definitions. As used in this Act:.
16        "Damages" means damages of any kind for  which  liability
17    may  exist  under  the  laws  of  this  State resulting from,
18    arising out of, or related to  the  discharge  or  threatened
19    discharge of oil.
20        "Discharge"   means   an  emission,  other  than  natural
21    seepage, intentional or unintentional, and includes,  but  is
22    not   limited   to,   spilling,  leaking,  pumping,  pouring,
23    emitting, emptying, or dumping.
24        "Federal on-scene coordinator" means the federal official
25    predesignated by the United States  Environmental  Protection
26    Agency  or  the  United  States Coast Guard to coordinate and
27    direct federal responses under subpart  D,  or  the  official
28    designated  by  the  lead  agency  to  coordinate  and direct
29    removal under subpart E, of the National Contingency Plan.
30        "National   Contingency   Plan"   means   the    National
31    Contingency  Plan prepared and published under Section 311(d)
32    of  the  federal  Water  Pollution  Control  Act,  33  U.S.C.
 
SB745 Engrossed             -1567-             LRB9101253EGfg
 1    1321(d), as amended by the Oil Pollution Act of 1980,  Public
 2    Law No. 101-380.
 3        "Oil"  means  oil  of any kind or in any form, including,
 4    but not limited to, petroleum, fuel oil, sludge, oil  refuse,
 5    and  oil  mixed with waste other than dredged spoil, but does
 6    not include petroleum, including crude oil or any fraction of
 7    crude oil, that is specifically listed  or  designated  as  a
 8    hazardous  substance  under  subparagraphs (A) through (F) of
 9    Section 101(14) of the  federal  Comprehensive  Environmental
10    Response  Compensation and Liability Act (42 U.S.C. 9601) and
11    that is subject to the provision of that Act.
12        "Person"  means   an   individual,   a   corporation,   a
13    partnership,  an  association,  the  State, a municipality, a
14    commission, or a political subdivision of the  State,  or  an
15    interstate body.
16        "Removal costs" means the costs of removal incurred after
17    a  discharge of oil or, when there is a substantial threat of
18    a discharge of  oil,  the  costs  to  prevent,  minimize,  or
19    mitigate oil pollution from an incident.
20        "Responsible  party" means a responsible party as defined
21    under Section 1001 of the Oil Pollution Act of  1990,  Public
22    Law No. 101-380.
23    (Source: P.A. 88-521; revised 10-31-98.)

24        Section 254.  The Illinois Wage Assignment Act is amended
25    by changing Sections 2.1 and 4.1 as follows:

26        (740 ILCS 170/2.1) (from Ch. 48, par. 39.2a)
27        Sec. 2.1.  A demand shall be in the following form:
28        "Demand  is  hereby  made  upon  an assignment of salary,
29    wages,  commissions  or  other  compensation  for   services,
30    executed  by .... and delivered to .... on (insert date), the
31    .... day of ....,  19..,  to  secure  a  debt  contracted  on
32    (insert date). the .... day of ...., 19...
 
SB745 Engrossed             -1568-             LRB9101253EGfg
 1        The  total  amount of the debt is $.....  Payments in the
 2    amount of $.... have been made.  The duration of the contract
 3    is  ....   months.   There  is  now  due  and  owing  without
 4    acceleration the sum of $...., the last payment  having  been
 5    made on (insert date). the ....  day of 19...
 6        The  employee  herein  named  has  been in default in his
 7    payments in the amount of $...., of which $.... has been  due
 8    and owing for more than 40 days.
 9        Unless  you  have received within the past 20 days, or do
10    receive within 5 days after the service hereof, a  notice  of
11    defense  from  the employee herein named, you are required by
12    law to make  payment  in  accordance  with  such  assignment.
13    ...., first being duly sworn, deposes and says that the facts
14    stated  in the demand above are true and correct; and further
15    deposes and says that he (or his principal, if he is an agent
16    for the assignee) has  no  notice  of  any  defenses  of  the
17    debtor.
18                                      ...........................
19        Subscribed  and sworn to before me on (insert date). this
20    ....  day of ...., 19...
21                                      ...........................
22                                                  Notary Public".
23    (Source: P.A. 84-1438; revised 10-20-98.)

24        (740 ILCS 170/4.1) (from Ch. 48, par. 39.4a)
25        Sec. 4.1. Within  20  days  after  receiving  the  notice
26    required  by  Section 2 or within 5 days after service of the
27    demand, the employee may notify his employer, in writing,  of
28    any  defense  he  may have to the wage assignment.  A copy of
29    such notice shall be served upon the creditor  by  registered
30    or  certified mail.  If served upon the creditor prior to the
31    creditor's service of demand upon the employer,  such  demand
32    shall  not be served by the creditor.  The notice shall be by
33    affidavit and shall be in substantially the following form:
 
SB745 Engrossed             -1569-             LRB9101253EGfg
 1        "I, ...., hereby (swear) (affirm) that I have a bona fide
 2    defense to the claim of ...., which claim is based on a  debt
 3    contracted  on (insert date), the .... day of ...., 19.., and
 4    for security on which debt a wage assignment was executed.
 5                                   ..............................
 6                                   Address for service of summons
 7                                   ..............................
 8                                             Employee
 9        Subscribed and sworn to before me on (insert date).  this
10    .... day of ...., 19...
11                                   ............................."
12                                           Notary Public
13    (Source: P.A. 77-2767; revised 10-20-98.)

14        Section  255.   The  Local  Governmental and Governmental
15    Employees Tort Immunity Act is amended  by  changing  Section
16    6-107 as follows:

17        (745 ILCS 10/6-107) (from Ch. 85, par. 6-107)
18        Sec.  6-107.  (a)  Neither  a  local  public entity nor a
19    public employee acting within the scope of his employment  is
20    liable   for   any   injury  resulting  from  determining  in
21    accordance with any applicable enactment:
22             (1)  Whether to confine a person for mental  illness
23        or addiction.
24             (2)  The  terms  and  conditions  of confinement for
25        mental  illness  or  addiction  in  a  medical   facility
26        operated or maintained by a local public entity.
27             (3)  Whether  to  parole  or  release  a person from
28        confinement for mental illness or addiction in a  medical
29        facility operated or maintained by a local public entity.
30        (a)  A  public  employee is not liable for carrying out a
31    determination described in this subdivision (a).
32        (b)  Nothing in this Section exonerates a public employee
 
SB745 Engrossed             -1570-             LRB9101253EGfg
 1    from liability for false arrest or false imprisonment.
 2    (Source: Laws 1965, p. 2983, revised 10-31-98.)

 3        Section 256.  The Illinois Marriage  and  Dissolution  of
 4    Marriage Act is amended by changing Sections 504, 505.1, 507,
 5    607, 705, and 706.1 as follows:

 6        (750 ILCS 5/504) (from Ch. 40, par. 504)
 7        Sec. 504.  Maintenance.
 8        (a)  In a proceeding for dissolution of marriage or legal
 9    separation  or  declaration  of  invalidity of marriage, or a
10    proceeding  for  maintenance  following  dissolution  of  the
11    marriage by a court which lacked personal  jurisdiction  over
12    the  absent  spouse,  the  court  may  grant  a  temporary or
13    permanent maintenance award for either spouse in amounts  and
14    for  periods  of time as the court deems just, without regard
15    to marital misconduct, in gross or for  fixed  or  indefinite
16    periods  of  time,  and  the maintenance may be paid from the
17    income or property of the other spouse after consideration of
18    all relevant factors, including:
19             (1)  the  income  and  property   of   each   party,
20        including  marital  property  apportioned and non-marital
21        property assigned to the party seeking maintenance;
22             (2)  the needs of each party;
23             (3)  the present and future earning capacity of each
24        party;
25             (4)  any  impairment  of  the  present  and   future
26        earning  capacity of the party seeking maintenance due to
27        that party devoting time to  domestic  duties  or  having
28        forgone   foregone   or   delayed   education,  training,
29        employment, or career opportunities due to the marriage;
30             (5)  the time necessary to enable the party  seeking
31        maintenance  to  acquire appropriate education, training,
32        and employment, and whether that party is able to support
 
SB745 Engrossed             -1571-             LRB9101253EGfg
 1        himself or herself through appropriate employment  or  is
 2        the  custodian  of a child making it appropriate that the
 3        custodian not seek employment;
 4             (6)  the standard of living established  during  the
 5        marriage;
 6             (7)  the duration of the marriage;
 7             (8)  the   age   and   the  physical  and  emotional
 8        condition of both parties;
 9             (9)  the tax consequences of the  property  division
10        upon   the   respective  economic  circumstances  of  the
11        parties;
12             (10)  contributions  and  services  by   the   party
13        seeking maintenance to the education, training, career or
14        career potential, or license of the other spouse;
15             (11)  any valid agreement of the parties; and
16             (12)  any  other  factor  that  the  court expressly
17        finds to be just and equitable.
18        (b)  (Blank).
19        (c)  The court may  grant  and  enforce  the  payment  of
20    maintenance  during  the  pendency  of an appeal as the court
21    shall deem reasonable and proper.
22        (d)  No maintenance shall accrue  during  the  period  in
23    which  a  party  is imprisoned for failure to comply with the
24    court's order for the payment of such maintenance.
25        (e)  When maintenance is to be paid through the clerk  of
26    the  court  in a county of 1,000,000 inhabitants or less, the
27    order shall direct the  obligor  to  pay  to  the  clerk,  in
28    addition to the maintenance payments, all fees imposed by the
29    county board under paragraph (3) of subsection (u) of Section
30    27.1  of  the  Clerks  of Courts Act.  Unless paid in cash or
31    pursuant to an order for withholding, the payment of the  fee
32    shall  be  by  a separate instrument from the support payment
33    and shall be made to the order of the Clerk.
34    (Source: P.A. 86-969; 87-881; revised 10-31-98.)
 
SB745 Engrossed             -1572-             LRB9101253EGfg
 1        (750 ILCS 5/505.1) (from Ch. 40, par. 505.1)
 2        Sec.  505.1.   (a)  Whenever  it  is  determined   in   a
 3    proceeding  to  establish  or  enforce  a  child  support  or
 4    maintenance  obligation  that  the  person  owing  a  duty of
 5    support is unemployed, the court may order the person to seek
 6    employment and report periodically to the court with a diary,
 7    listing  or  other  memorandum  of  his  or  her  efforts  in
 8    accordance with such order. Additionally, the court may order
 9    the  unemployed  person  to  report  to  the  Department   of
10    Employment  Security  for  job  search  services  or  to make
11    application with the local Job Jobs Training Partnership  Act
12    provider  for  participation  in job search, training or work
13    programs and where the duty of support is  owed  to  a  child
14    receiving  support  services  under Article X of the Illinois
15    Public  Aid  Code,  as  amended,  the  court  may  order  the
16    unemployed person to report to  the  Illinois  Department  of
17    Public  Aid for participation in job search, training or work
18    programs established under Section 9-6  and  Article  IXA  of
19    that Code.
20        (b)  Whenever   it  is  determined  that  a  person  owes
21    past-due support for a child or for a child  and  the  parent
22    with  whom  the  child  is living, and the child is receiving
23    assistance under the Illinois  Public  Aid  Code,  the  court
24    shall  order  at  the  request  of the Illinois Department of
25    Public Aid:
26             (1)  that the person pay  the  past-due  support  in
27        accordance with a plan approved by the court; or
28             (2)  if   the   person  owing  past-due  support  is
29        unemployed, is  subject  to  such  a  plan,  and  is  not
30        incapacitated,  that  the  person participate in such job
31        search, training,  or  work  programs  established  under
32        Section  9-6  and  Article IXA of the Illinois Public Aid
33        Code as the court deems appropriate.
34    (Source: P.A. 90-18, eff. 7-1-97; revised 10-31-98.)
 
SB745 Engrossed             -1573-             LRB9101253EGfg
 1        (750 ILCS 5/507) (from Ch. 40, par. 507)
 2        Sec. 507.  Payment of maintenance or support to court.
 3        (a)  In actions instituted  under  this  Act,  the  court
 4    shall  order that maintenance and support payments be made to
 5    the clerk of court as trustee for remittance  to  the  person
 6    entitled  to receive the payments.  However, the court in its
 7    discretion  may  direct  otherwise  where  circumstances   so
 8    warrant.
 9    in accordance with the Income Withholding for Support
10        Upon   notification   in   writing   or   by   electronic
11    transmission  from  the  Illinois Department of Public Aid to
12    the clerk of the court that a person who is receiving support
13    payments under this Section is receiving services  under  the
14    Child  Support  Enforcement Program established by Title IV-D
15    of the Social Security Act, any support payments subsequently
16    received by the clerk of the court shall  be  transmitted  in
17    accordance  with  the instructions of the Illinois Department
18    of Public Aid until the Department gives notice to the  clerk
19    of  the  court  to cease the transmittal. After providing the
20    notification authorized under this  paragraph,  the  Illinois
21    Department  of  Public  Aid  shall  be entitled as a party to
22    notice of any further proceedings in the case.  The clerk  of
23    the  court  shall  file  a copy of the Illinois Department of
24    Public Aid's notification in the court file.  The failure  of
25    the  clerk  to  file  a copy of the notification in the court
26    file shall not, however, affect the  Illinois  Department  of
27    Public Aid's right to receive notice of further proceedings.
28        (b)  The  clerk  of  court shall maintain records listing
29    the amount of payments, the date payments are required to  be
30    made  and  the names and addresses of the parties affected by
31    the order. For those cases in which support is payable to the
32    clerk of the circuit court for transmittal  to  the  Illinois
33    Department  of  Public  Aid  by  order  of  the court or upon
34    notification of the Illinois Department of  Public  Aid,  and
 
SB745 Engrossed             -1574-             LRB9101253EGfg
 1    the  Illinois  Department  of  Public Aid collects support by
 2    assignment, offset, withholding, deduction or  other  process
 3    permitted  by  law,  the Illinois Department shall notify the
 4    clerk of  the  date  and  amount  of  such  collection.  Upon
 5    notification,  the  clerk  shall record the collection on the
 6    payment record for the case.
 7        (c)  The parties affected by the order shall  inform  the
 8    clerk of court of any change of address or of other condition
 9    that may affect the administration of the order.
10        (d)  The  provisions  of  this Section shall not apply to
11    cases that come under the provisions of Sections 709  through
12    712.
13    (Source:  P.A.  90-18,  eff.  7-1-97;  90-673,  eff.  1-1-99;
14    90-790, eff. 8-14-98; revised 9-14-98.)

15        (750 ILCS 5/607) (from Ch. 40, par. 607)
16        (Text of Section before amendment by P.A. 90-801)
17        Sec. 607. Visitation.
18        (a)  A  parent  not  granted  custody  of  the  child  is
19    entitled  to  reasonable  visitation  rights unless the court
20    finds,  after  a  hearing,  that  visitation  would  endanger
21    seriously the child's physical, mental,  moral  or  emotional
22    health.  If the custodian's street address is not identified,
23    pursuant  to Section 708, the court shall require the parties
24    to   identify   reasonable   alternative   arrangements   for
25    visitation by  a  non-custodial  parent,  including  but  not
26    limited  to visitation of the minor child at the residence of
27    another person or at a local public or private facility.
28        (b) (1)  The  court  may  grant   reasonable   visitation
29    privileges to a grandparent, great-grandparent, or sibling of
30    any   minor   child   upon  petition  to  the  court  by  the
31    grandparents  or  great-grandparents  or  on  behalf  of  the
32    sibling, with notice to the parties required to  be  notified
33    under  Section  601 of this Act, if the court determines that
 
SB745 Engrossed             -1575-             LRB9101253EGfg
 1    it is in the best interests and welfare of the child, and may
 2    issue  any  necessary  orders  to  enforce  such   visitation
 3    privileges.   Except  as  provided  in  paragraph (2) of this
 4    subsection (b), a petition for visitation privileges  may  be
 5    filed  under  this  paragraph  (1)  whether or not a petition
 6    pursuant  to  this  Act  has  been  previously  filed  or  is
 7    currently  pending  if  one  or   more   of   the   following
 8    circumstances exist:
 9             (A)  the  parents  are not currently cohabiting on a
10        permanent or an indefinite basis;
11             (B)  one of the parents has  been  absent  from  the
12        marital  abode for more than one month without the spouse
13        knowing his or her whereabouts;
14             (C)  one of the parents is deceased;
15             (D)  one of the parents joins in the  petition  with
16        the grandparents, great-grandparents, or sibling; or
17             (E)  a sibling is in State custody.
18        (1.5)  The   Court   may   grant   reasonable  visitation
19    privileges to a stepparent upon petition to the court by  the
20    stepparent,  with  notice  to  the  parties  required  to  be
21    notified  under  Section  601  of  this  Act,  if  the  court
22    determines  that  it  is in the best interests and welfare of
23    the child, and may issue  any  necessary  orders  to  enforce
24    those  visitation  privileges.     A  petition for visitation
25    privileges may be filed under this paragraph (1.5) whether or
26    not a petition pursuant to this Act has been previously filed
27    or is currently pending if the  following  circumstances  are
28    met:
29             (A)  the child is at least 12 years old;
30             (B)  the  child resided continuously with the parent
31        and stepparent for at least 5 years;
32             (C)  the parent is deceased or is  disabled  and  is
33        unable to care for the child;
34             (D)  the  child wishes to have reasonable visitation
 
SB745 Engrossed             -1576-             LRB9101253EGfg
 1        with the stepparent; and
 2             (E)  the stepparent  was  providing  for  the  care,
 3        control, and welfare to the child prior to the initiation
 4        of the petition for visitation.
 5        (2)(A)  A petition for visitation privileges shall not be
 6    filed  pursuant  to  this  subsection  (b)  by the parents or
 7    grandparents of a putative father if  the  paternity  of  the
 8    putative father has not been legally established.
 9        (B)  A  petition  for  visitation  privileges  may not be
10    filed under this subsection (b)  if  the  child  who  is  the
11    subject  of the grandparents' or great-grandparents' petition
12    has been voluntarily surrendered by the  parent  or  parents,
13    except for a surrender to the Illinois Department of Children
14    and  Family  Services  or a foster care facility, or has been
15    previously adopted by an individual or  individuals  who  are
16    not  related to the biological parents of the child or is the
17    subject of a pending adoption petition by  an  individual  or
18    individuals  who are not related to the biological parents of
19    the child.
20        (3)  When one parent is deceased,  the  surviving  parent
21    shall  not  interfere  with  the  visitation  rights  of  the
22    grandparents.
23        (c)  The  court  may  modify an order granting or denying
24    visitation rights whenever modification would serve the  best
25    interest  of  the  child; but the court shall  not restrict a
26    parent's  visitation  rights  unless  it   finds   that   the
27    visitation  would  endanger  seriously  the child's physical,
28    mental, moral or emotional health.
29        (d)  If any court has  entered  an  order  prohibiting  a
30    non-custodial parent of a child from any contact with a child
31    or  restricting  the  non-custodial parent's contact with the
32    child, the following provisions shall apply:
33             (1)  If  an  order   has   been   entered   granting
34        visitation  privileges with the child to a grandparent or
 
SB745 Engrossed             -1577-             LRB9101253EGfg
 1        great-grandparent who is related to the child through the
 2        non-custodial parent, the visitation  privileges  of  the
 3        grandparent or great-grandparent may be revoked if:
 4                  (i)  a  court  has entered an order prohibiting
 5             the non-custodial parent from any contact  with  the
 6             child,  and  the grandparent or great-grandparent is
 7             found to have used his or her visitation  privileges
 8             to  facilitate  contact  between  the  child and the
 9             non-custodial parent; or
10                  (ii)  a court has entered an order  restricting
11             the  non-custodial  parent's contact with the child,
12             and the grandparent or great-grandparent is found to
13             have  used  his  or  her  visitation  privileges  to
14             facilitate  contact  between  the  child   and   the
15             non-custodial  parent  in a manner that violates the
16             terms of the  order  restricting  the  non-custodial
17             parent's contact with the child.
18             Nothing in this subdivision (1) limits the authority
19        of  the  court  to  enforce  its  orders  in  any  manner
20        permitted by law.
21             (2)  Any  order  granting visitation privileges with
22        the child to a grandparent or  great-grandparent  who  is
23        related  to  the  child  through the non-custodial parent
24        shall contain the following provision:
25             "If the (grandparent or great-grandparent, whichever
26        is applicable) who has been granted visitation privileges
27        under  this  order  uses  the  visitation  privileges  to
28        facilitate contact between  the  child  and  the  child's
29        non-custodial  parent,  the visitation privileges granted
30        under this order shall be permanently revoked."
31        (e)  No parent, not granted  custody  of  the  child,  or
32    grandparent,  or great-grandparent, or stepparent, or sibling
33    of any minor child, convicted of  any  offense  involving  an
34    illegal  sex act perpetrated upon a victim less than 18 years
 
SB745 Engrossed             -1578-             LRB9101253EGfg
 1    of age including but not limited to offenses  for  violations
 2    of  Article  12  of the Criminal Code of 1961, is entitled to
 3    visitation rights while  incarcerated  or  while  on  parole,
 4    probation,  conditional  discharge, periodic imprisonment, or
 5    mandatory supervised  release  for  that  offense,  and  upon
 6    discharge  from  incarceration  for  a misdemeanor offense or
 7    upon discharge from parole, probation, conditional discharge,
 8    periodic imprisonment, or mandatory supervised release for  a
 9    felony  offense,  visitation shall be denied until the person
10    successfully completes a treatment program  approved  by  the
11    court.
12    (Source: P.A. 89-488, eff. 6-21-96; 90-782, eff. 8-14-98.)

13        (Text of Section after amendment by P.A. 90-801)
14        Sec. 607. Visitation.
15        (a)  A  parent  not  granted  custody  of  the  child  is
16    entitled  to  reasonable  visitation  rights unless the court
17    finds,  after  a  hearing,  that  visitation  would  endanger
18    seriously the child's physical, mental,  moral  or  emotional
19    health.  If the custodian's street address is not identified,
20    pursuant  to Section 708, the court shall require the parties
21    to   identify   reasonable   alternative   arrangements   for
22    visitation by  a  non-custodial  parent,  including  but  not
23    limited  to visitation of the minor child at the residence of
24    another person or at a local public or private facility.
25        (b) (1)  The  court  may  grant   reasonable   visitation
26    privileges to a grandparent, great-grandparent, or sibling of
27    any   minor   child   upon  petition  to  the  court  by  the
28    grandparents  or  great-grandparents  or  on  behalf  of  the
29    sibling, with notice to the parties required to  be  notified
30    under  Section  601 of this Act, if the court determines that
31    it is in the best interests and welfare of the child, and may
32    issue  any  necessary  orders  to  enforce  such   visitation
33    privileges.   Except  as  provided  in  paragraph (2) of this
34    subsection (b), a petition for visitation privileges  may  be
 
SB745 Engrossed             -1579-             LRB9101253EGfg
 1    filed  under  this  paragraph  (1)  whether or not a petition
 2    pursuant  to  this  Act  has  been  previously  filed  or  is
 3    currently  pending  if  one  or   more   of   the   following
 4    circumstances exist:
 5             (A)  the  parents  are not currently cohabiting on a
 6        permanent or an indefinite basis;
 7             (B)  one of the parents has  been  absent  from  the
 8        marital  abode for more than one month without the spouse
 9        knowing his or her whereabouts;
10             (C)  one of the parents is deceased;
11             (D)  one of the parents joins in the  petition  with
12        the grandparents, great-grandparents, or sibling; or
13             (E)  a sibling is in State custody.
14        (1.5)  The   Court   may   grant   reasonable  visitation
15    privileges to a stepparent upon petition to the court by  the
16    stepparent,  with  notice  to  the  parties  required  to  be
17    notified  under  Section  601  of  this  Act,  if  the  court
18    determines  that  it  is in the best interests and welfare of
19    the child, and may issue  any  necessary  orders  to  enforce
20    those  visitation  privileges.    A  petition  for visitation
21    privileges may be filed under this paragraph (1.5) whether or
22    not a petition pursuant to this Act has been previously filed
23    or is currently pending if the  following  circumstances  are
24    met:
25             (A)  the child is at least 12 years old;
26             (B)  the  child resided continuously with the parent
27        and stepparent for at least 5 years;
28             (C)  the parent is deceased or is  disabled  and  is
29        unable to care for the child;
30             (D)  the  child wishes to have reasonable visitation
31        with the stepparent; and
32             (E)  the stepparent  was  providing  for  the  care,
33        control, and welfare to the child prior to the initiation
34        of the petition for visitation.
 
SB745 Engrossed             -1580-             LRB9101253EGfg
 1        (2)(A)  A petition for visitation privileges shall not be
 2    filed  pursuant  to  this  subsection  (b)  by the parents or
 3    grandparents of a putative father if  the  paternity  of  the
 4    putative father has not been legally established.
 5        (B)  A  petition  for  visitation  privileges  may not be
 6    filed under this subsection (b)  if  the  child  who  is  the
 7    subject  of the grandparents' or great-grandparents' petition
 8    has been voluntarily surrendered by the  parent  or  parents,
 9    except for a surrender to the Illinois Department of Children
10    and  Family  Services  or a foster care facility, or has been
11    previously adopted by an individual or  individuals  who  are
12    not  related to the biological parents of the child or is the
13    subject of a pending adoption petition by  an  individual  or
14    individuals  who are not related to the biological parents of
15    the child.
16        (3)  When one parent is deceased,  the  surviving  parent
17    shall  not  interfere  with  the  visitation  rights  of  the
18    grandparents.
19        (c)  The  court  may  modify an order granting or denying
20    visitation rights whenever modification would serve the  best
21    interest  of  the  child; but the court shall  not restrict a
22    parent's  visitation  rights  unless  it   finds   that   the
23    visitation  would  endanger  seriously  the child's physical,
24    mental, moral or emotional health.
25        (d)  If any court has  entered  an  order  prohibiting  a
26    non-custodial parent of a child from any contact with a child
27    or  restricting  the  non-custodial parent's contact with the
28    child, the following provisions shall apply:
29             (1)  If  an  order   has   been   entered   granting
30        visitation  privileges with the child to a grandparent or
31        great-grandparent who is related to the child through the
32        non-custodial parent, the visitation  privileges  of  the
33        grandparent or great-grandparent may be revoked if:
34                  (i)  a  court  has entered an order prohibiting
 
SB745 Engrossed             -1581-             LRB9101253EGfg
 1             the non-custodial parent from any contact  with  the
 2             child,  and  the grandparent or great-grandparent is
 3             found to have used his or her visitation  privileges
 4             to  facilitate  contact  between  the  child and the
 5             non-custodial parent; or
 6                  (ii)  a court has entered an order  restricting
 7             the  non-custodial  parent's contact with the child,
 8             and the grandparent or great-grandparent is found to
 9             have  used  his  or  her  visitation  privileges  to
10             facilitate  contact  between  the  child   and   the
11             non-custodial  parent  in a manner that violates the
12             terms of the  order  restricting  the  non-custodial
13             parent's contact with the child.
14             Nothing in this subdivision (1) limits the authority
15        of  the  court  to  enforce  its  orders  in  any  manner
16        permitted by law.
17             (2)  Any  order  granting visitation privileges with
18        the child to a grandparent or  great-grandparent  who  is
19        related  to  the  child  through the non-custodial parent
20        shall contain the following provision:
21             "If the (grandparent or great-grandparent, whichever
22        is applicable) who has been granted visitation privileges
23        under  this  order  uses  the  visitation  privileges  to
24        facilitate contact between  the  child  and  the  child's
25        non-custodial  parent,  the visitation privileges granted
26        under this order shall be permanently revoked."
27        (e)  No parent, not granted  custody  of  the  child,  or
28    grandparent,  or great-grandparent, or stepparent, or sibling
29    of any minor child, convicted of  any  offense  involving  an
30    illegal  sex act perpetrated upon a victim less than 18 years
31    of age including but not limited to offenses  for  violations
32    of  Article  12  of the Criminal Code of 1961, is entitled to
33    visitation rights while  incarcerated  or  while  on  parole,
34    probation,  conditional  discharge, periodic imprisonment, or
 
SB745 Engrossed             -1582-             LRB9101253EGfg
 1    mandatory supervised  release  for  that  offense,  and  upon
 2    discharge  from  incarceration  for  a misdemeanor offense or
 3    upon discharge from parole, probation, conditional discharge,
 4    periodic imprisonment, or mandatory supervised release for  a
 5    felony  offense,  visitation shall be denied until the person
 6    successfully completes a treatment program  approved  by  the
 7    court.
 8        (f)  Unless  the  court determines, after considering all
 9    relevant factors, including but  not  limited  to  those  set
10    forth  in  Section  602(a),  that  it  would  be  in the best
11    interests of the child to allow visitation, the  court  shall
12    not  enter  an order providing visitation rights and pursuant
13    to a motion to  modify  visitation  shall  revoke  visitation
14    rights  previously  granted to any person who would otherwise
15    be entitled to petition  for  visitation  rights  under  this
16    Section  who has been convicted of first degree murder of the
17    parent, grandparent, great-grandparent,  or  sibling  of  the
18    child  who  is  the  subject of the order.  Until an order is
19    entered pursuant to this subsection, no person  shall  visit,
20    with  the  child  present, a person who has been convicted of
21    first   degree   murder   of   the    parent,    grandparent,
22    great-grandparent,  or  sibling  of  the  child  without  the
23    consent  of the child's parent, other than a parent convicted
24    of  first  degree  murder  as  set  forth  herein,  or  legal
25    guardian.
26    (Source: P.A. 89-488, eff.  6-21-96;  90-782,  eff.  8-14-98;
27    90-801, eff. 6-1-99; revised 12-22-98.)

28        (750 ILCS 5/705) (from Ch. 40, par. 705)
29        Sec.  705.   Support  payments;  receiving and disbursing
30    agents.
31        (1)  The provisions of this Section shall  apply,  except
32    as provided in Sections 709 through 712.
33        (2)  In  a  dissolution  of  marriage  action  filed in a
 
SB745 Engrossed             -1583-             LRB9101253EGfg
 1    county of less than 3 million population in which an order or
 2    judgment for child support is entered, and  in  supplementary
 3    proceedings  in  any such county to enforce or vary the terms
 4    of such order or  judgment  arising  out  of  an  action  for
 5    dissolution  of  marriage  filed  in  such county, the court,
 6    except as it otherwise orders, under subsection (4)  of  this
 7    Section,  may  direct  that child support payments be made to
 8    the clerk of the court.
 9        (3)  In a dissolution of marriage  action  filed  in  any
10    county  of  3 million or more 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
17    either to the clerk of the court  or  to  the  Court  Service
18    Division  of  the County Department of Public Aid.  After the
19    effective date of this Act, the court, except as it otherwise
20    orders under subsection (4) of this Section, may direct  that
21    child  support  payments  be  made either to the clerk of the
22    court or to the Illinois Department of Public Aid.
23        (4)  In a dissolution of marriage action or supplementary
24    proceedings involving maintenance or child support  payments,
25    or  both,  to  persons  who  are  recipients of aid under the
26    Illinois Public Aid Code, the court shall  direct  that  such
27    payments be made to (a) the Illinois Department of Public Aid
28    if the persons are recipients under Articles III, IV, or V of
29    the  Code, or (b) the local governmental unit responsible for
30    their support if they are recipients under Articles VI or VII
31    of the Code. In accordance with federal law and  regulations,
32    the Illinois Department of Public Aid may continue to collect
33    current  maintenance  payments  or child support payments, or
34    both, after those persons cease to receive public  assistance
 
SB745 Engrossed             -1584-             LRB9101253EGfg
 1    and  until  termination  of  services  under Article X of the
 2    Illinois Public Aid Code.  The Illinois Department of  Public
 3    Aid shall pay the net amount collected to those persons after
 4    deducting  any costs incurred in making the collection or any
 5    collection fee from the amount of  any  recovery  made.   The
 6    order  shall  permit the Illinois Department of Public Aid or
 7    the local governmental unit, as the case may  be,  to  direct
 8    that  payments  be  made  directly  to the former spouse, the
 9    children, or both, or to  some  person  or  agency  in  their
10    behalf,  upon  removal  of the former spouse or children from
11    the public aid rolls or upon termination  of  services  under
12    Article  X  of  the  Illinois  Public Aid Code; and upon such
13    direction, the  Illinois  Department  or  local  governmental
14    unit,  as the case requires, shall give notice of such action
15    to the court in writing or by electronic transmission.
16        (5)  All clerks  of  the  court  and  the  Court  Service
17    Division  of a County Department of Public Aid and, after the
18    effective date of this Act, all clerks of the court  and  the
19    Illinois  Department  of  Public Aid, receiving child support
20    payments under subsections (2) and (3) of this Section  shall
21    disburse  the  payments  to  the  person  or persons entitled
22    thereto under the terms of the order or judgment.  They shall
23    establish and maintain current records of all moneys received
24    and disbursed and of defaults and delinquencies  in  required
25    payments.  The  court, by order or rule, shall make provision
26    for the carrying out of these duties.
27    in effect in  accordance  with  the  Income  Withholding  for
28    Support
29        Upon   notification   in   writing   or   by   electronic
30    transmission  from  the  Illinois Department of Public Aid to
31    the clerk of the court that a person who is receiving support
32    payments under this Section is receiving services  under  the
33    Child  Support  Enforcement Program established by Title IV-D
34    of the Social Security Act, any support payments subsequently
 
SB745 Engrossed             -1585-             LRB9101253EGfg
 1    received by the clerk of the court shall  be  transmitted  in
 2    accordance  with  the instructions of the Illinois Department
 3    of Public Aid until the Department gives notice to the  clerk
 4    of  the  court  to cease the transmittal. After providing the
 5    notification authorized under this  paragraph,  the  Illinois
 6    Department  of  Public  Aid  shall  be entitled as a party to
 7    notice of any further proceedings in the case.  The clerk  of
 8    the  court  shall  file  a copy of the Illinois Department of
 9    Public Aid's notification in the court file.  The failure  of
10    the  clerk  to  file  a copy of the notification in the court
11    file shall not, however, affect the  Illinois  Department  of
12    Public Aid's right to receive notice of further proceedings.
13        Payments under this Section to the Illinois Department of
14    Public  Aid pursuant to the Child Support Enforcement Program
15    established by Title IV-D of the Social Security Act shall be
16    paid into the Child Support Enforcement Trust Fund. All other
17    payments under this Section to  the  Illinois  Department  of
18    Public  Aid  shall  be  deposited  in  the  Public Assistance
19    Recoveries Trust Fund. Disbursements from these  funds  shall
20    be  as  provided  in  the  Illinois Public Aid Code. Payments
21    received by a local governmental unit shall be  deposited  in
22    that  unit's  General  Assistance  Fund.  Any  order of court
23    directing payment of child support to a clerk of court or the
24    Court Service Division of a County Department of Public  Aid,
25    which order has been entered on or after August 14, 1961, and
26    prior  to  the  effective date of this Act, may be amended by
27    the court  in  line  with  this  Act;  and  orders  involving
28    payments  of  maintenance  or  child support to recipients of
29    public aid may in like manner be amended to conform  to  this
30    Act.
31        (6)  No  filing  fee  or  costs  will  be required in any
32    action brought at the request of the Illinois  Department  of
33    Public  Aid  in  any proceeding under this Act.  However, any
34    such fees or costs may be assessed by the court  against  the
 
SB745 Engrossed             -1586-             LRB9101253EGfg
 1    respondent   in   the   court's   order  of  support  or  any
 2    modification thereof in a proceeding under this Act.
 3        (7)  For those cases in which child support is payable to
 4    the clerk  of  the  circuit  court  for  transmittal  to  the
 5    Illinois  Department  of Public Aid by order of court or upon
 6    notification by the Illinois Department of  Public  Aid,  the
 7    clerk shall transmit all such payments, within 4 working days
 8    of  receipt, to insure that funds are available for immediate
 9    distribution by  the  Department  to  the  person  or  entity
10    entitled  thereto  in  accordance with standards of the Child
11    Support Enforcement Program established under Title  IV-D  of
12    the   Social  Security  Act.   The  clerk  shall  notify  the
13    Department of the date of receipt and amount thereof  at  the
14    time  of  transmittal.   Where  the clerk has entered into an
15    agreement of cooperation with the Department  to  record  the
16    terms  of  child  support orders and payments made thereunder
17    directly into  the  Department's  automated  data  processing
18    system,  the  clerk shall account for, transmit and otherwise
19    distribute child support payments  in  accordance  with  such
20    agreement in lieu of the requirements contained herein.
21        In  any  action  filed  in  a county with a population of
22    1,000,000  or  less,  the  court  shall  assess  against  the
23    respondent in any order of maintenance or child  support  any
24    sum  up to $36 annually authorized by ordinance of the county
25    board to be collected by the clerk of the court as costs  for
26    administering  the collection and disbursement of maintenance
27    and child support payments.  Such sum shall be in addition to
28    and separate from amounts ordered to be paid  as  maintenance
29    or child support.
30    (Source:  P.A.  90-18,  eff.  7-1-97;  90-673,  eff.  1-1-99;
31    90-790, eff. 8-14-98; revised 9-14-98.)

32        (750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
33        Sec.  706.1.  Withholding  of Income to Secure Payment of
 
SB745 Engrossed             -1587-             LRB9101253EGfg
 1    Support. Orders  for  support  entered  under  this  Act  are
 2    subject to the Income Withholding for Support Act.
 3        (2.5)  "Business  day" means a day on which State offices
 4    are open for  regular business.
 5             (a-5)  State the date of  entry  of  the  order  for
 6        support  upon  which    the  income withholding notice is
 7        based; and ; and
 8             (k)  Contain the signature of the obligee  or    the
 9        printed  name  and  telephone  number  of  the authorized
10        representative of the  public  office,  except  that  the
11        failure  to  contain  the signature of the obligee or the
12        printed name  and  telephone  number  of  the  authorized
13        representative  of the public office shall not affect the
14        validity of the income withholding notice.  A copy of the
15        income withholding notice together with  A  copy  of  the
16        income  withholding  notice  together  with  a  proof  of
17        service on  the other payor shall be filed with the Clerk
18        of the Circuit Court.
19        (9)  income notice income notice income notice
20    (Source: P.A.   89-507,  eff.  7-1-97;  90-18,  eff.  7-1-97;
21    90-425, eff. 8-15-97;  90-655,  eff.  7-30-98;  90-673,  eff.
22    1-1-99; 90-790, eff. 8-14-98; revised 9-14-98.)

23        Section  257.  The Non-Support of Spouse and Children Act
24    is amended by changing Sections 2.1, 4.1, and 12 as follows:

25        (750 ILCS 15/2.1) (from Ch. 40, par. 1105)
26        Sec. 2.1.  Support  payments;  receiving  and  disbursing
27    agents.
28        (1)  In  actions  instituted  under this Act on and after
29    August 14, 1961, involving a minor  child  or  children,  the
30    Court,  except  in  actions instituted on or after August 26,
31    1969, in which the  support  payments  are  in  behalf  of  a
32    recipient  of  aid  under the Illinois Public Aid Code, shall
 
SB745 Engrossed             -1588-             LRB9101253EGfg
 1    direct that moneys ordered  to  be  paid  for  support  under
 2    Sections  3  and  4 of this Act shall be paid to the clerk of
 3    the court in counties of less than 3 million population,  and
 4    in  counties of 3 million or more population, to the clerk or
 5    probation officer of  the  court  or  to  the  Court  Service
 6    Division  of  the County Department of Public Aid.  After the
 7    effective date of this amendatory  Act  of  1975,  the  court
 8    shall direct that such support moneys be paid to the clerk or
 9    probation  officer  or the Illinois Department of Public Aid.
10    However, the court in its  discretion  may  direct  otherwise
11    where  exceptional circumstances so warrant. If payment is to
12    be made to persons other than the clerk or probation officer,
13    the Court Service Division of the County Department of Public
14    Aid, or the Illinois Department of Public Aid,  the  judgment
15    or  order  of  support  shall  set  forth  the  facts  of the
16    exceptional circumstances.
17        (2)  In actions instituted after August 26,  1969,  where
18    the  support  payments are in behalf of spouses, children, or
19    both, who are recipients of aid under the Illinois Public Aid
20    Code, the court shall order the payments to be made  directly
21    to (1) the Illinois Department of Public Aid if the person is
22    a  recipient  under Articles III, IV or V of the Code, or (2)
23    to the local governmental unit responsible for the support of
24    the person if he or she is a recipient under Articles  VI  or
25    VII   of  the  Code.  In  accordance  with  federal  law  and
26    regulations,  the  Illinois  Department  of  Public  Aid  may
27    continue to collect current  maintenance  payments  or  child
28    support  payments,  or  both,  after  those  persons cease to
29    receive public assistance and until termination  of  services
30    under  Article  X  of  the  Illinois  Public  Aid  Code.  The
31    Illinois Department of Public Aid shall pay  the  net  amount
32    collected to those persons after deducting any costs incurred
33    in  making  the  collection  or  any  collection fee from the
34    amount of any recovery  made.  The  order  shall  permit  the
 
SB745 Engrossed             -1589-             LRB9101253EGfg
 1    Illinois  Department  of Public Aid or the local governmental
 2    unit, as the case may be, to direct that support payments  be
 3    made  directly  to  the spouse, children, or both, or to some
 4    person or agency in their behalf, upon removal of the  spouse
 5    or  children from the public aid rolls or upon termination of
 6    services under Article X of the Illinois Public Aid Code; and
 7    upon such direction, the Illinois  Department  or  the  local
 8    governmental unit, as the case requires, shall give notice of
 9    such  action  to  the  court  in  writing  or  by  electronic
10    transmission.
11        (3)  The   clerks,  probation  officers,  and  the  Court
12    Service Division of the County Department of  Public  Aid  in
13    counties  of  3  million  or  more population, and, after the
14    effective date of this amendatory Act of  1975,  the  clerks,
15    probation  officers,  and  the  Illinois Department of Public
16    Aid, shall disburse moneys paid to  them  to  the  person  or
17    persons  entitled thereto under the order of the Court.  They
18    shall establish and maintain current records  of  all  moneys
19    received  and  disbursed and of delinquencies and defaults in
20    required payments.  The Court, by order or rule,  shall  make
21    provision for the carrying out of these duties.
22    in accordance with the Income Withholding for Support
23        Upon   notification   in   writing   or   by   electronic
24    transmission  from  the  Illinois Department of Public Aid to
25    the clerk of the court that a person who is receiving support
26    payments under this Section is receiving services  under  the
27    Child  Support  Enforcement Program established by Title IV-D
28    of the Social Security Act, any support payments subsequently
29    received by the clerk of the court shall  be  transmitted  in
30    accordance  with  the instructions of the Illinois Department
31    of Public Aid until the Department gives notice to cease  the
32    transmittal.  After  providing  the  notification  authorized
33    under  this  paragraph, the Illinois Department of Public Aid
34    shall be entitled  as  a  party  to  notice  of  any  further
 
SB745 Engrossed             -1590-             LRB9101253EGfg
 1    proceedings in the case.  The clerk of the court shall file a
 2    copy  of the Illinois Department of Public Aid's notification
 3    in the court file.  The failure of the clerk to file  a  copy
 4    of  the  notification  in  the court file shall not, however,
 5    affect the Illinois  Department  of  Public  Aid's  right  to
 6    receive notice of further proceedings.
 7        (4)  Payments   under   this   Section  to  the  Illinois
 8    Department of  Public  Aid  pursuant  to  the  Child  Support
 9    Enforcement  Program  established by Title IV-D of the Social
10    Security Act shall be paid into the Child Support Enforcement
11    Trust Fund. All other payments  under  this  Section  to  the
12    Illinois  Department  of Public Aid shall be deposited in the
13    Public Assistance Recoveries Trust Fund.  Disbursements  from
14    these  funds  shall be as provided in the Illinois Public Aid
15    Code. Payments received by a local governmental unit shall be
16    deposited in that unit's General Assistance Fund.
17        (5)  Orders and assignments entered or executed prior  to
18    the  Act  approved  August  14,  1961  shall  not be affected
19    thereby.  Employers served  with  wage  assignments  executed
20    prior  to  that  date  shall  comply  with the terms thereof.
21    However, the Court, on petition of the state's  attorney,  or
22    of   the   Illinois   Department   of  Public  Aid  or  local
23    governmental unit in respect to recipients of public aid, may
24    order the execution of new assignments and enter  new  orders
25    designating  the  clerk,  probation  officer, or the Illinois
26    Department of Public Aid or  appropriate  local  governmental
27    unit in respect to payments in behalf of recipients of public
28    aid,  as  the  person  or  agency  authorized  to receive and
29    disburse the salary or wages assigned.  On like petition  the
30    Court   may  enter  new  orders  designating  such  officers,
31    agencies or governmental units to receive  and  disburse  the
32    payments ordered under Section 4.
33        (6)  For those cases in which child support is payable to
34    the  clerk  of  the  circuit  court  for  transmittal  to the
 
SB745 Engrossed             -1591-             LRB9101253EGfg
 1    Illinois Department of Public Aid by order of court  or  upon
 2    notification  by  the  Illinois Department of Public Aid, the
 3    clerk shall transmit all such payments, within 4 working days
 4    of receipt, to insure that funds are available for  immediate
 5    distribution  by  the  Department  to  the  person  or entity
 6    entitled thereto in accordance with standards  of  the  Child
 7    Support  Enforcement  Program established under Title IV-D of
 8    the  Social  Security  Act.   The  clerk  shall  notify   the
 9    Department  of  the date of receipt and amount thereof at the
10    time of transmittal.  Where the clerk  has  entered  into  an
11    agreement  of  cooperation  with the Department to record the
12    terms of child support orders and  payments  made  thereunder
13    directly  into  the  Department's  automated  data processing
14    system, the clerk shall account for, transmit  and  otherwise
15    distribute  child  support  payments  in accordance with such
16    agreement in lieu of the requirements contained herein.
17    (Source:  P.A.  90-18,  eff.  7-1-97;  90-673,  eff.  1-1-99;
18    90-790, eff. 8-14-98; revised 9-14-98.)

19        (750 ILCS 15/4.1) (from Ch. 40, par. 1107.1)
20        Sec. 4.1.  Withholding of Income  to  Secure  Payment  of
21    Support.  Orders  for  support  entered  under  this  Act are
22    subject to the Income Withholding for Support Act.
23        (2.5)  "Business day" means a day on which State  offices
24    are open for  regular business.
25             (a-5)  State  the  date  of  entry  of the order for
26        support upon which   the  income  withholding  notice  is
27        based; and ; and
28             (k)  Contain  the  signature  of the obligee or  the
29        printed name  and  telephone  number  of  the  authorized
30        representative  of  the  public  office,  except that the
31        failure to contain the signature of the  obligee  or  the
32        printed  name  and  telephone  number  of  the authorized
33        representative of the public office shall not  affect the
 
SB745 Engrossed             -1592-             LRB9101253EGfg
 1        validity of the income withholding  notice. A copy of the
 2        income withholding notice together with  A  copy  of  the
 3        income  withholding  notice  together  with  a  proof  of
 4        service on  the other payor shall be filed with the Clerk
 5        of the Circuit Court.
 6        (9)  income notice income notice income notice
 7    (Source: P.A.   89-507,  eff.  7-1-97;  90-18,  eff.  7-1-97;
 8    90-425, eff. 8-15-97;  90-655,  eff.  7-30-98;  90-673,  eff.
 9    1-1-99; 90-790, eff. 8-14-98; revised 9-14-98.)

10        (750 ILCS 15/12) (from Ch. 40, par. 1115)
11        Sec.  12.  (a)  Whenever it is determined in a proceeding
12    to establish  or  enforce  a  child  support  or  maintenance
13    obligation  that  the  person  owing  a  duty  of  support is
14    unemployed, the court may order the person to seek employment
15    and report periodically to the court with a diary, listing or
16    other memorandum of his or her  efforts  in  accordance  with
17    such  order. Additionally, the court may order the unemployed
18    person to report to the Department of Employment Security for
19    job search services or to make application with the local Job
20     Jobs Training Partnership Act provider for participation  in
21    job  search,  training or work programs and where the duty of
22    support is owed to a child receiving support  services  under
23    Article  X  of  the Illinois Public Aid Code, as amended, the
24    court may order  the  unemployed  person  to  report  to  the
25    Illinois  Department  of  Public Aid for participation in job
26    search, training or work programs established  under  Section
27    9-6 and Article IXA of that Code.
28        (b)  Whenever   it  is  determined  that  a  person  owes
29    past-due support for a child and the  parent  with  whom  the
30    child  is living, and the child is receiving assistance under
31    the Illinois Public Aid  Code,  the  court  shall  order  the
32    following at the request of the Illinois Department of Public
33    Aid:
 
SB745 Engrossed             -1593-             LRB9101253EGfg
 1             (1)  that  the  person  pay  the past-due support in
 2        accordance with a plan approved by the court; or
 3             (2)  if  the  person  owing  past-due   support   is
 4        unemployed,  is  subject  to  such  a  plan,  and  is not
 5        incapacitated, that the person participate  in  such  job
 6        search,  training,  or  work  programs  established under
 7        Section 9-6 and Article IXA of the  Illinois  Public  Aid
 8        Code as the court deems appropriate.
 9    (Source: P.A. 90-18, eff. 7-1-97; revised 10-31-98.)

10        Section  259.   The Uniform Interstate Family Support Act
11    is amended by changing Section 605 as follows:

12        (750 ILCS 22/605)
13        Sec. 605.  Notice of registration of order.
14        (a)  When a support  order  or  income-withholding  order
15    issued  in  another  state  is  registered,  the  registering
16    tribunal  shall  notify  the nonregistering party. The notice
17    must be accompanied by a copy of the registered order and the
18    documents and relevant information accompanying the order.
19        (b)  The notice must inform the nonregistering party:
20             (1)  that a registered order is  enforceable  as  of
21        the  date  of registration in the same manner as an order
22        issued by a tribunal of this State;
23             (2)  that a  hearing  to  contest  the  validity  or
24        enforcement  of  the  registered  order must be requested
25        within 20 days after the  date  of  mailing  or  personal
26        service of the notice;
27             (3)  that   failure   to  contest  the  validity  or
28        enforcement of the registered order in  a  timely  manner
29        will  result in confirmation of the order and enforcement
30        of the order and the  alleged  arrearages  and  precludes
31        further  contest of that order with respect to any matter
32        that could have been asserted; and
 
SB745 Engrossed             -1594-             LRB9101253EGfg
 1             (4)  of the amount of any alleged arrearages.
 2        (c)  Upon registration of an income-withholding order for
 3    enforcement,  the  registering  tribunal  shall  notify   the
 4    obligor's  employer  pursuant  to  the Income Withholding for
 5    Support Act. 1984
 6    (Source: P.A. 90-240, eff.  7-28-97;  90-655,  eff.  7-30-98;
 7    90-673, eff. 1-1-99; revised 9-14-98.)

 8        Section  260.   The Income Withholding for Support Act is
 9    amended  by  changing  Sections  15,  20,  25,  and  45   and
10    renumbering Section 99 as follows:

11        (750 ILCS 28/15)
12        Sec. 15.  Definitions.
13        (a)  "Order  for  support"  means  any order of the court
14    which provides for periodic payment of funds for the  support
15    of  a  child or maintenance of a spouse, whether temporary or
16    final, and includes any such order which provides for:
17             (1)  modification or resumption of,  or  payment  of
18        arrearage accrued under, a previously existing order;
19             (2)  reimbursement of support;
20             (3)  payment  or  reimbursement  of  the expenses of
21        pregnancy and delivery (for orders  for  support  entered
22        under   the   Illinois  Parentage  Act  of  1984  or  its
23        predecessor the Paternity Act); or
24             (4)  enrollment in a health insurance plan  that  is
25        available  to  the  obligor  through an employer or labor
26        union or trade union.
27        (b)  "Arrearage" means the total amount of unpaid support
28    obligations as determined by the court and incorporated  into
29    an order for support.
30        (b-5)  "Business  day" means a day on which State offices
31    are open for regular business.
32        (c)  "Delinquency" means any payment under an  order  for
 
SB745 Engrossed             -1595-             LRB9101253EGfg
 1    support  which  becomes due and remains unpaid after entry of
 2    the order for support.
 3        (d)  "Income" means any form of periodic  payment  to  an
 4    individual,  regardless of source, including, but not limited
 5    to: wages, salary, commission, compensation as an independent
 6    contractor,  workers'  compensation,   disability,   annuity,
 7    pension,  and  retirement  benefits,  lottery  prize  awards,
 8    insurance  proceeds,  vacation  pay,  bonuses, profit-sharing
 9    payments, interest, and  any  other  payments,  made  by  any
10    person, private entity, federal or state government, any unit
11    of local government, school district or any entity created by
12    Public Act; however, "income" excludes:
13             (1)  any  amounts  required  by  law to be withheld,
14        other than creditor claims, including,  but  not  limited
15        to,  federal,  State and local taxes, Social Security and
16        other retirement and disability contributions;
17             (2)  union dues;
18             (3)  any amounts exempted by  the  federal  Consumer
19        Credit Protection Act;
20             (4)  public assistance payments; and
21             (5)  unemployment   insurance   benefits  except  as
22        provided by law.
23        Any other State or  local  laws  which  limit  or  exempt
24    income  or  the  amount  or  percentage of income that can be
25    withheld shall not apply.
26        (e)  "Obligor" means the individual who owes  a  duty  to
27    make payments under an order for support.
28        (f)  "Obligee"  means  the  individual  to whom a duty of
29    support is owed or the individual's legal representative.
30        (g)  "Payor" means any payor of income to an obligor.
31        (h)  "Public office" means any elected  official  or  any
32    State  or  local agency which is or may become responsible by
33    law for enforcement of, or which is or may become  authorized
34    to  enforce, an order for support, including, but not limited
 
SB745 Engrossed             -1596-             LRB9101253EGfg
 1    to: the Attorney General, the Illinois Department  of  Public
 2    Aid,  the Illinois Department of Human Services, the Illinois
 3    Department of Children and Family Services, and  the  various
 4    State's   Attorneys,   Clerks   of   the  Circuit  Court  and
 5    supervisors of general assistance.
 6        (i)  "Premium" means the  dollar  amount  for  which  the
 7    obligor  is  liable  to  his employer or labor union or trade
 8    union and which must be paid to enroll or maintain a child in
 9    a health insurance plan that  is  available  to  the  obligor
10    through an employer or labor union or trade union.
11    (Source:  P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
12    eff. 8-14-98; revised 9-14-98.)

13        (750 ILCS 28/20)
14        Sec. 20.  Entry of order for  support  containing  income
15    withholding provisions; income withholding notice.
16        (a)  In  addition  to  any  content  required under other
17    laws, every order for support entered on  or  after  July  1,
18    1997, shall:
19             (1)  Require  an  income  withholding  notice  to be
20        prepared and served immediately upon  any  payor  of  the
21        obligor by the obligee or public office, unless a written
22        agreement  is  reached between and signed by both parties
23        providing for an alternative  arrangement,  approved  and
24        entered  into  the  record  by  the  court, which ensures
25        payment of support.  In that case, the order for  support
26        shall  provide that an income withholding notice is to be
27        prepared  and  served  only  if   the   obligor   becomes
28        delinquent in paying the order for support; and
29             (2)  Contain  a  dollar  amount  to  be  paid  until
30        payment  in  full  of  any delinquency that accrues after
31        entry of the order for support.  The amount  for  payment
32        of delinquency shall not be less than 20% of the total of
33        the  current  support  amount  and  the amount to be paid
 
SB745 Engrossed             -1597-             LRB9101253EGfg
 1        periodically for payment of any arrearage stated  in  the
 2        order for support; and
 3             (3)  Include  the  obligor's Social Security Number,
 4        which the obligor shall disclose to the  court.   If  the
 5        obligor is not a United States citizen, the obligor shall
 6        disclose to the court, and the court shall include in the
 7        order  for  support,  the  obligor's  alien  registration
 8        number,   passport  number,  and  home  country's  social
 9        security or national health number, if applicable.
10        (b)  At the time the order for support  is  entered,  the
11    Clerk  of the Circuit Court shall provide a copy of the order
12    to the obligor and shall make copies available to the obligee
13    and public office.
14        (c)  The income withholding notice shall:
15             (1)  be in the standard  format  prescribed  by  the
16        federal Department of Health and Human Services; and
17             (1.1)  state  the  date  of  entry  of the order for
18        support upon  which  the  income  withholding  notice  is
19        based; and
20             (2)  direct  any payor to withhold the dollar amount
21        required for current support under the order for support;
22        and
23             (3)  direct any payor to withhold the dollar  amount
24        required  to  be  paid  periodically  under the order for
25        support for payment of the amount of any arrearage stated
26        in the order for support; and
27             (4)  direct any payor or labor union or trade  union
28        to  enroll a child as a beneficiary of a health insurance
29        plan and withhold or cause to be withheld, if applicable,
30        any required premiums; and
31             (5)  state  the   amount   of   the   payor   income
32        withholding fee specified under this Section; and
33             (6)  state  that  the  amount actually withheld from
34        the obligor's income  for  support  and  other  purposes,
 
SB745 Engrossed             -1598-             LRB9101253EGfg
 1        including  the payor withholding fee specified under this
 2        Section, may not be  in  excess  of  the  maximum  amount
 3        permitted  under  the  federal Consumer Credit Protection
 4        Act; and
 5             (7)  state the duties of the payor and the fines and
 6        penalties for failure to withhold and pay over income and
 7        for  discharging,  disciplining,  refusing  to  hire,  or
 8        otherwise penalizing the obligor because of the  duty  to
 9        withhold and pay over income under this Section; and
10             (8)  state  the  rights, remedies, and duties of the
11        obligor under this Section; and
12             (9)  include the obligor's Social  Security  Number;
13        and
14             (10)  include  the date that withholding for current
15        support  terminates,  which  shall   be   the   date   of
16        termination  of  the current support obligation set forth
17        in the order for support; and.
18             (11)  contain the signature of the  obligee  or  the
19        printed  name  and  telephone  number  of  the authorized
20        representative of the  public  office,  except  that  the
21        failure  to  contain  the signature of the obligee or the
22        printed name  and  telephone  number  of  the  authorized
23        representative  of the public office shall not affect the
24        validity of the income withholding notice.
25        (d)  The accrual of a  delinquency  as  a  condition  for
26    service  of an income withholding notice, under the exception
27    to immediate withholding in subsection (a) of  this  Section,
28    shall  apply  only  to  the  initial  service  of  an  income
29    withholding notice on a payor of the obligor.
30        (e)  Notwithstanding    the    exception   to   immediate
31    withholding contained in subsection (a) of this  Section,  if
32    the  court finds at the time of any hearing that an arrearage
33    has accrued, the court shall order immediate  service  of  an
34    income withholding notice upon the payor.
 
SB745 Engrossed             -1599-             LRB9101253EGfg
 1        (f)  If  the  order  for  support, under the exception to
 2    immediate withholding contained in  subsection  (a)  of  this
 3    Section,  provides that an income withholding notice is to be
 4    prepared and served only if the obligor becomes delinquent in
 5    paying the order for  support,  the  obligor  may  execute  a
 6    written  waiver  of  that  condition  and  request  immediate
 7    service on the payor.
 8        (g)  The  obligee  or  public office may serve the income
 9    withholding  notice  on  the  payor  or  its  superintendent,
10    manager, or other agent by ordinary mail  or  certified  mail
11    return  receipt requested, by facsimile transmission or other
12    electronic means, by personal  delivery,  or  by  any  method
13    provided  by  law  for  service of a summons.  At the time of
14    service on the payor  and  as  notice  that  withholding  has
15    commenced, the obligee or public office shall serve a copy of
16    the income withholding notice on the obligor by ordinary mail
17    addressed  to  his  or  her last known address. A copy of the
18    income withholding notice together with proofs of service  on
19    the  payor  and  the obligor shall be filed with the Clerk of
20    the Circuit Court.
21        (h)  At any time after the initial service of  an  income
22    withholding  notice,  any  other  payor of the obligor may be
23    served  with  the  same  income  withholding  notice  without
24    further  notice  to  the  obligor.   A  copy  of  the  income
25    withholding notice together with a proof of  service  on  the
26    other  payor  shall  be  filed  with the Clerk of the Circuit
27    Court.
28        (i)  New service of an income withholding notice  is  not
29    required in order to resume withholding of income in the case
30    of  an  obligor  with  respect  to whom an income withholding
31    notice was previously served on the payor if  withholding  of
32    income  was  terminated  because  of  an  interruption in the
33    obligor's employment of less than 180 days.
34    (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A.  90-790,
 
SB745 Engrossed             -1600-             LRB9101253EGfg
 1    eff. 8-14-98; revised 9-14-98.)

 2        (750 ILCS 28/25)
 3        Sec.    25.  Income    withholding   after   accrual   of
 4    delinquency.
 5        (a)  Whenever  an  obligor  accrues  a  delinquency,  the
 6    obligee or public office  may  prepare  and  serve  upon  the
 7    obligor's payor an income withholding notice that:
 8             (1)  contains   the   information   required   under
 9        subsection (c) of Section 20; and
10             (2)  contains  a computation of the period and total
11        amount of the delinquency as of the date of  the  notice;
12        and
13             (3)  directs the payor to withhold the dollar amount
14        required  to be withheld periodically under the order for
15        support for payment of the delinquency.
16        (b)  The income withholding notice and the obligor's copy
17    of the income withholding notice shall be served as  provided
18    in subsection (g) of Section 20.
19        (c)  The  obligor may contest withholding commenced under
20    this Section by filing a petition to contest withholding with
21    the Clerk of the Circuit Court within 20 days  after  service
22    of  a  copy  of the income withholding notice on the obligor.
23    However, the grounds for the petition to contest  withholding
24    shall be limited to:
25             (1)  a dispute concerning the existence or amount of
26        the delinquency; or
27             (2)  the identity of the obligor.
28        The  Clerk  of the Circuit Court shall notify the obligor
29    and the obligee or public office of the time and place of the
30    hearing on the petition to contest  withholding.   The  court
31    shall  hold the hearing pursuant to the provisions of Section
32    40.
33    (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A.  90-790,
 
SB745 Engrossed             -1601-             LRB9101253EGfg
 1    eff. 8-14-98; revised 9-14-98.)

 2        (750 ILCS 28/45)
 3        Sec. 45.  Additional duties.
 4        (a)  An  obligee  who  is  receiving  income  withholding
 5    payments  under  this  Act  shall  notify  the  payor, if the
 6    obligee receives the payments directly from the payor, or the
 7    public  office  or  the  Clerk  of  the  Circuit  Court,   as
 8    appropriate,  of  any change of address within 7 days of such
 9    change.
10        (b)  An obligee who is a recipient of  public  aid  shall
11    send  a  copy  of any income withholding notice served by the
12    obligee to the Division of Child Support Enforcement  of  the
13    Illinois Department of Public Aid.
14        (c)  Each  obligor  shall  notify the obligee, the public
15    office, and the Clerk of the Circuit Court of any  change  of
16    address within 7 days.
17        (d)  An obligor whose income is being withheld or who has
18    been served with a notice of delinquency pursuant to this Act
19    shall notify the obligee, the public office, and the Clerk of
20    the Circuit Court of any new payor, within 7 days.
21        (e)  When  the  Illinois  Department  of Public Aid is no
22    longer authorized to receive payments  for  the  obligee,  it
23    shall, within 7 days, notify the payor or, where appropriate,
24    the   Clerk   of   the  Circuit  Court,  to  redirect  income
25    withholding payments to the obligee.
26        (f)  The obligee or public office shall provide notice to
27    the payor and Clerk of the Circuit Court of any other support
28    payment made, including but not limited to, a  set-off  under
29    federal  and  State law or partial payment of the delinquency
30    or arrearage, or both.
31        (g)  Any public office and Clerk  of  the  Circuit  Court
32    which  collects,  disburses  or receives payments pursuant to
33    income withholding notices shall maintain complete, accurate,
 
SB745 Engrossed             -1602-             LRB9101253EGfg
 1    and clear records of all payments  and  their  disbursements.
 2    Certified  copies  of  payment records maintained by a public
 3    office or Clerk of the Circuit Court shall,  without  further
 4    proof,  be  admitted  into  evidence in any legal proceedings
 5    under this Act.
 6        (h)  The Illinois Department of Public Aid  shall  design
 7    suggested legal forms for proceeding under this Act and shall
 8    make  available  to  the  courts such forms and informational
 9    materials which describe  the  procedures  and  remedies  set
10    forth  herein  for  distribution  to  all  parties in support
11    actions.
12        (i)  At the time of transmitting  each  support  payment,
13    the  Clerk  of the Circuit Court shall provide the obligee or
14    public office, as appropriate, with any information furnished
15    by the payor as to the date the amount  would  (but  for  the
16    duty  to  withhold  income) have been paid or credited to the
17    obligor.
18    (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A.  90-790,
19    eff. 8-14-98; revised 9-14-98.)

20        (750 ILCS 28/999)
21        Sec.  999.  99.  Effective  date.   This Act takes effect
22    January 1, 1999.
23    (Source: P.A. 90-673, eff. 1-1-99; revised 9-14-98.)

24        Section 261.  The  Illinois  Parentage  Act  of  1984  is
25    amended by changing Sections 15, 15.1, 20, and 21 as follows:

26        (750 ILCS 45/15) (from Ch. 40, par. 2515)
27        Sec. 15.  Enforcement of Judgment or Order.
28        (a)  If existence of the parent and child relationship is
29    declared,   or   paternity   or  duty  of  support  has  been
30    established under this Act or under prior law  or  under  the
31    law   of   any  other  jurisdiction,  the  judgment  rendered

 
SB745 Engrossed             -1603-             LRB9101253EGfg
 1    thereunder may be enforced in the same or  other  proceedings
 2    by  any  party  or any person or agency that has furnished or
 3    may furnish financial assistance or services  to  the  child.
 4    The Income Withholding for Support Act and Sections 14 and 16
 5    of  this  Act shall also be applicable with respect to entry,
 6    modification and enforcement of any support judgment  entered
 7    under  provisions  of  the  "Paternity Act", approved July 5,
 8    1957, as amended, repealed July 1, 1985.
 9        (b)  Failure to comply with any order of the court  shall
10    be  punishable  as  contempt  as in other cases of failure to
11    comply  under  the  "Illinois  Marriage  and  Dissolution  of
12    Marriage Act", as now or hereafter amended.  In  addition  to
13    other penalties provided by law, the court may, after finding
14    the party guilty of contempt, order that the party be:
15             (1)  Placed  on  probation  with  such conditions of
16        probation as the court deems advisable;
17             (2)  Sentenced to periodic imprisonment for a period
18        not to exceed 6 months.  However, the  court  may  permit
19        the  party  to be released for periods of time during the
20        day or  night  to  work  or  conduct  business  or  other
21        self-employed  occupation.   The  court may further order
22        any part of all the earnings of a party during a sentence
23        of periodic imprisonment to be paid to the Clerk  of  the
24        Circuit  Court  or to the person or parent having custody
25        of the minor child for the support of  said  child  until
26        further order of the court.
27             (2.5)  The  court may also pierce the ownership veil
28        of a person, persons,  or  business  entity  to  discover
29        assets of a non-custodial parent held in the name of that
30        person,  those  persons, or that business entity if there
31        is a unity of interest and ownership sufficient to render
32        no financial separation between the non-custodial  parent
33        and  that  person, those persons, or the business entity.
34        The following circumstances are sufficient for a court to
 
SB745 Engrossed             -1604-             LRB9101253EGfg
 1        order discovery of the assets of a  person,  persons,  or
 2        business  entity  and  to  compel  the application of any
 3        discovered assets toward  payment  on  the  judgment  for
 4        support:
 5                  (A)  the  non-custodial  parent and the person,
 6             persons,  or  business   entity   maintain   records
 7             together.
 8                  (B)  the  non-custodial  parent and the person,
 9             persons, or business entity fail to maintain an arms
10             length relationship between themselves  with  regard
11             to any assets.
12                  (C)  the  non-custodial parent transfers assets
13             to the person, persons, or business entity with  the
14             intent  to  perpetrate  a  fraud  on  the  custodial
15             parent.
16             With  respect  to assets which are real property, no
17        order entered under this subdivision (2.5)  shall  affect
18        the  rights of bona fide purchasers, mortgagees, judgment
19        creditors,  or  other  lien  holders  who  acquire  their
20        interests in the property prior to the time a  notice  of
21        lis  pendens pursuant to the Code of Civil Procedure or a
22        copy of the order is placed of record in  the  office  of
23        the  recorder  of  deeds for the county in which the real
24        property is located.
25             (3)  The court may also order that  in  cases  where
26        the  party  is  90  days or more delinquent in payment of
27        support or has been adjudicated in arrears in  an  amount
28        equal  to  90  days  obligation or more, that the party's
29        Illinois driving privileges be suspended until the  court
30        determines  that  the  party  is  in  compliance with the
31        judgement or duty of support.  The court may  also  order
32        that   the   parent   be   issued   a   family  financial
33        responsibility driving permit that  would  allow  limited
34        driving privileges for employment and medical purposes in
 
SB745 Engrossed             -1605-             LRB9101253EGfg
 1        accordance  with  Section 7-702.1 of the Illinois Vehicle
 2        Code. The clerk of the circuit court  shall  certify  the
 3        order  suspending the driving privileges of the parent or
 4        granting   the   issuance   of   a    family    financial
 5        responsibility  driving  permit to the Secretary of State
 6        on forms prescribed by the Secretary. Upon receipt of the
 7        authenticated documents, the  Secretary  of  State  shall
 8        suspend  the  party's  driving  privileges  until further
 9        order of the court and shall, if ordered  by  the  court,
10        subject  to  the  provisions  of  Section  7-702.1 of the
11        Illinois  Vehicle  Code,   issue   a   family   financial
12        responsibility driving permit to the parent.
13        In  addition  to  the penalties or punishment that may be
14    imposed  under  this  Section,  any  person   whose   conduct
15    constitutes  a  violation  of Section 1 of the Non-Support of
16    Spouse and Children Act may be prosecuted under that Section,
17    and a person convicted under that Section may be sentenced in
18    accordance with that Section.  The sentence may  include  but
19    need  not be limited to a requirement that the person perform
20    community service under subsection (b)  of  that  Section  or
21    participate  in  a  work alternative program under subsection
22    (c) of that Section.    A  person  may  not  be  required  to
23    participate  in  a  work alternative program under subsection
24    (c) of that Section if the person is currently  participating
25    in a work program pursuant to Section 15.1 of this Act.
26        (c)  In any post-judgment proceeding to enforce or modify
27    the  judgment  the parties shall continue to be designated as
28    in the original proceeding.
29    (Source:  P.A.  89-92,  eff.  7-1-96;  90-476,  eff.  1-1-98;
30    90-673, eff. 1-1-99; 90-733, eff. 8-11-98; revised 9-14-98.)

31        (750 ILCS 45/15.1) (from Ch. 40, par. 2515.1)
32        Sec. 15.1. (a) Whenever it is determined in a  proceeding
33    to  establish  or enforce a child support obligation that the
 
SB745 Engrossed             -1606-             LRB9101253EGfg
 1    person owing a duty of support is unemployed, the  court  may
 2    order  the  person to seek employment and report periodically
 3    to the court with a diary, listing or other memorandum of his
 4    or her efforts in accordance with such order.   Additionally,
 5    the  court  may  order the unemployed person to report to the
 6    Department of Employment Security for job search services  or
 7    to   make  application  with  the  local  Job  Jobs  Training
 8    Partnership Act provider for  participation  in  job  search,
 9    training  or  work  programs and where the duty of support is
10    owed to a child receiving support services under Article X of
11    the Illinois Public Aid Code, as amended, the court may order
12    the unemployed person to report to the Illinois Department of
13    Public Aid for participation in job search, training or  work
14    programs  established  under  Section  9-6 and Article IXA of
15    that Code.
16        (b)  Whenever  it  is  determined  that  a  person   owes
17    past-due  support  for  a  child,  and the child is receiving
18    assistance under the Illinois  Public  Aid  Code,  the  court
19    shall  order  the  following  at  the request of the Illinois
20    Department of Public Aid:
21             (1)  that the person pay  the  past-due  support  in
22        accordance with a plan approved by the court; or
23             (2)  if   the   person  owing  past-due  support  is
24        unemployed, is  subject  to  such  a  plan,  and  is  not
25        incapacitated,  that  the  person participate in such job
26        search, training,  or  work  programs  established  under
27        Section  9-6  and  Article IXA of the Illinois Public Aid
28        Code as the court deems appropriate.
29    (Source: P.A. 90-18, eff. 7-1-97; revised 10-31-98.)

30        (750 ILCS 45/20) (from Ch. 40, par. 2520)
31        Sec. 20.  Withholding of  Income  to  Secure  Payment  of
32    Support.  Orders  for  support  entered  under  this  Act are
33    subject to the Income Withholding for Support Act.
 
SB745 Engrossed             -1607-             LRB9101253EGfg
 1        (2.5)  "Business day" means a day on which State  offices
 2    are open for  regular business.
 3             (a-5)  State  the  date  of  entry  of the order for
 4        support upon which   the  income  withholding  notice  is
 5        based; and ; and
 6             (k)  Contain  the  signature  of the obligee or  the
 7        printed name  and  telephone  number  of  the  authorized
 8        representative  of  the  public  office,  except that the
 9        failure to contain the signature of the  obligee  or  the
10        printed  name  and  telephone  number  of  the authorized
11        representative of the public office shall not affect  the
12        validity  of the income withholding notice. A copy of the
13        income withholding notice together with  A  copy  of  the
14        income  withholding  notice  together  with  a  proof  of
15        service  on the other payor shall be filed with the Clerk
16        of the Circuit Court.
17        (9)  income notice income notice income notice
18    (Source: P.A.  89-507,  eff.  7-1-97;  90-18,  eff.   7-1-97;
19    90-425,  eff.  8-15-97;  90-655,  eff.  7-30-98; 90-673, eff.
20    1-1-99; 90-790, eff. 8-14-98; revised 9-14-98.)

21        (750 ILCS 45/21) (from Ch. 40, par. 2521)
22        Sec.  21.  Support  payments;  receiving  and  disbursing
23    agents.
24        (1)  In an action filed in a county counties of less than
25    3 million population in which an order for child  support  is
26    entered,  and  in  supplementary proceedings in such a county
27    counties to enforce or vary the terms of such  order  arising
28    out  of an action filed in such a county counties, the court,
29    except in actions or supplementary proceedings in  which  the
30    pregnancy  and  delivery  expenses of the mother or the child
31    support payments  are  for  a  recipient  of  aid  under  the
32    Illinois  Public  Aid  Code,  shall direct that child support
33    payments be made to the clerk of  the  court  unless  in  the
 
SB745 Engrossed             -1608-             LRB9101253EGfg
 1    discretion  of  the  court  exceptional circumstances warrant
 2    otherwise.  In cases where payment is to be made  to  persons
 3    other  than  the  clerk of the court the judgment or order of
 4    support  shall  set  forth  the  facts  of  the   exceptional
 5    circumstances.
 6        (2)  In an action filed in a county counties of 3 million
 7    or  more  population  in  which an order for child support is
 8    entered, and in supplementary proceedings in  such  a  county
 9    counties  to  enforce or vary the terms of such order arising
10    out of an action filed date in such a  county  counties,  the
11    court,  except  in  actions  or  supplementary proceedings in
12    which the pregnancy and delivery expenses of  the  mother  or
13    the  child  support payments are for a recipient of aid under
14    the Illinois Public Aid Code, shall direct that child support
15    payments be made either to the clerk of the court or  to  the
16    Court  Service  Division  of  the County Department of Public
17    Aid, or to  the  clerk  of  the  court  or  to  the  Illinois
18    Department  of  Public  Aid,  unless in the discretion of the
19    court exceptional circumstances warrant otherwise.  In  cases
20    where  payment  is to be made to persons other than the clerk
21    of the court,  the  Court  Service  Division  of  the  County
22    Department  of  Public  Aid,  or  the  Illinois Department of
23    Public Aid, the judgment or order of support shall set  forth
24    the facts of the exceptional circumstances.
25        (3)  Where  the  action or supplementary proceeding is in
26    behalf of a mother for pregnancy and delivery expenses or for
27    child support, or both, and the mother, child, or  both,  are
28    recipients  of  aid  under  the Illinois Public Aid Code, the
29    court shall order that the payments be made directly  to  (a)
30    the Illinois Department of Public Aid if the mother or child,
31    or  both,  are recipients under Articles IV or V of the Code,
32    or (b)  the  local  governmental  unit  responsible  for  the
33    support  of  the  mother  or  child,  or  both,  if  they are
34    recipients  under  Articles  VI  or  VII  of  the  Code.   In
 
SB745 Engrossed             -1609-             LRB9101253EGfg
 1    accordance  with  federal  law  and regulations, the Illinois
 2    Department of Public Aid  may  continue  to  collect  current
 3    maintenance  payments  or  child  support  payments, or both,
 4    after those persons cease to receive  public  assistance  and
 5    until termination of services under Article X of the Illinois
 6    Public Aid Code.  The Illinois Department of Public Aid shall
 7    pay the net amount collected to those persons after deducting
 8    any costs incurred in making the collection or any collection
 9    fee  from  the  amount  of  any  recovery  made. The Illinois
10    Department of Public Aid or the local governmental  unit,  as
11    the case may be, may direct that payments be made directly to
12    the mother of the child, or to some other person or agency in
13    the  child's behalf, upon the removal of the mother and child
14    from the public aid rolls or  upon  termination  of  services
15    under  Article  X  of  the Illinois Public Aid Code; and upon
16    such  direction,  the  Illinois  Department  or   the   local
17    governmental unit, as the case requires, shall give notice of
18    such  action  to  the  court  in  writing  or  by  electronic
19    transmission.
20        (4)  All  clerks  of  the  court  and  the  Court Service
21    Division of  a  County  Department  of  Public  Aid  and  the
22    Illinois  Department  of  Public Aid, receiving child support
23    payments under paragraphs (1) or (2) shall disburse the  same
24    to  the person or persons entitled thereto under the terms of
25    the order.  They  shall  establish  and  maintain  clear  and
26    current  records  of all moneys received and disbursed and of
27    defaults and delinquencies in required payments.  The  court,
28    by  order  or rule, shall make provision for the carrying out
29    of these duties.
30    in accordance with the Income Withholding for Support
31        Upon   notification   in   writing   or   by   electronic
32    transmission from the Illinois Department of  Public  Aid  to
33    the clerk of the court that a person who is receiving support
34    payments  under  this Section is receiving services under the
 
SB745 Engrossed             -1610-             LRB9101253EGfg
 1    Child Support Enforcement Program established by  Title  IV-D
 2    of the Social Security Act, any support payments subsequently
 3    received  by  the  clerk of the court shall be transmitted in
 4    accordance with the instructions of the  Illinois  Department
 5    of  Public Aid until the Department gives notice to cease the
 6    transmittal.  After  providing  the  notification  authorized
 7    under  this  paragraph, the Illinois Department of Public Aid
 8    shall be entitled  as  a  party  to  notice  of  any  further
 9    proceedings in the case.  The clerk of the court shall file a
10    copy  of the Illinois Department of Public Aid's notification
11    in the court file.  The failure of the clerk to file  a  copy
12    of  the  notification  in  the court file shall not, however,
13    affect the Illinois  Department  of  Public  Aid's  right  to
14    receive notice of further proceedings.
15        Payments under this Section to the Illinois Department of
16    Public  Aid pursuant to the Child Support Enforcement Program
17    established by Title IV-D of the Social Security Act shall be
18    paid into the Child  Support  Enforcement  Trust  Fund.   All
19    other  payments under this Section to the Illinois Department
20    of Public Aid shall be deposited  in  the  Public  Assistance
21    Recoveries  Trust  Fund.  Disbursement from these funds shall
22    be as provided in the Illinois  Public  Aid  Code.   Payments
23    received  by  a local governmental unit shall be deposited in
24    that unit's General Assistance Fund.
25        (5)  The  moneys  received   by   persons   or   agencies
26    designated  by  the  court  shall  be  disbursed  by  them in
27    accordance with the order.  However, the court,  on  petition
28    of the state's attorney, may enter new orders designating the
29    clerk  of the court or the Illinois Department of Public Aid,
30    as the person or agency authorized to  receive  and  disburse
31    child  support  payments  and,  in  the case of recipients of
32    public aid, the court, on petition of the Attorney General or
33    State's Attorney, shall direct subsequent payments to be paid
34    to  the  Illinois  Department  of  Public  Aid  or   to   the
 
SB745 Engrossed             -1611-             LRB9101253EGfg
 1    appropriate local governmental unit, as provided in paragraph
 2    (3).  Payments  of child support by principals or sureties on
 3    bonds, or proceeds of any  sale  for  the  enforcement  of  a
 4    judgment  shall  be  made  to  the  clerk  of  the court, the
 5    Illinois Department of Public Aid or  the  appropriate  local
 6    governmental  unit,  as  the  respective  provisions  of this
 7    Section require.
 8        (6)  For those cases in which child support is payable to
 9    the clerk  of  the  circuit  court  for  transmittal  to  the
10    Illinois  Department  of Public Aid by order of court or upon
11    notification by the Illinois Department of  Public  Aid,  the
12    clerk shall transmit all such payments, within 4 working days
13    of  receipt, to insure that funds are available for immediate
14    distribution by  the  Department  to  the  person  or  entity
15    entitled  thereto  in  accordance with standards of the Child
16    Support Enforcement Program established under Title  IV-D  of
17    the   Social  Security  Act.   The  clerk  shall  notify  the
18    Department of the date of receipt and amount thereof  at  the
19    time  of  transmittal.   Where  the clerk has entered into an
20    agreement of cooperation with the Department  to  record  the
21    terms  of  child  support orders and payments made thereunder
22    directly into  the  Department's  automated  data  processing
23    system,  the  clerk shall account for, transmit and otherwise
24    distribute child support payments  in  accordance  with  such
25    agreement in lieu of the requirements contained herein.
26    (Source:  P.A.  90-18,  eff.  7-1-97;  90-673,  eff.  1-1-99;
27    90-790, eff. 8-14-98; revised 11-5-98.)

28        Section  262.   The  Adoption  Act is amended by changing
29    Sections 1, 5, 8,  10,  11,  12a,  17,  18.2,  and  18.3a  as
30    follows:

31        (750 ILCS 50/1) (from Ch. 40, par. 1501)
32        Sec.  1.  Definitions.  When used in this Act, unless the
 
SB745 Engrossed             -1612-             LRB9101253EGfg
 1    context otherwise requires:
 2        A.  "Child" means a person under  legal  age  subject  to
 3    adoption under this Act.
 4        B.  "Related  child"  means  a  child subject to adoption
 5    where either or both of the adopting parents stands in any of
 6    the  following  relationships  to  the  child  by  blood   or
 7    marriage: parent, grand-parent, brother, sister, step-parent,
 8    step-grandparent,  step-brother,  step-sister,  uncle,  aunt,
 9    great-uncle,  great-aunt, or cousin of first degree.  A child
10    whose parent has executed  a  final  irrevocable  consent  to
11    adoption  or  a  final  irrevocable surrender for purposes of
12    adoption, or whose parent has had his or her parental  rights
13    terminated, is not a related child to that person, unless the
14    consent  is  determined  to  be  void  or is void pursuant to
15    subsection O of Section 10.
16        C.  "Agency" for the purpose of this Act means  a  public
17    child welfare agency or a licensed child welfare agency.
18        D.  "Unfit  person" means any person whom the court shall
19    find to be unfit to have  a  child,  without  regard  to  the
20    likelihood  that  the child will be placed for adoption.  The
21    grounds of unfitness are any one or more of the following:
22             (a)  Abandonment of the child.
23             (a-1)  Abandonment  of  a  newborn   infant   in   a
24        hospital.
25             (a-2)  Abandonment   of  a  newborn  infant  in  any
26        setting where  the  evidence  suggests  that  the  parent
27        intended to relinquish his or her parental rights.
28             (b)  Failure  to  maintain  a  reasonable  degree of
29        interest, concern or responsibility  as  to  the  child's
30        welfare.
31             (c)  Desertion  of  the child for more than 3 months
32        next  preceding  the   commencement   of   the   Adoption
33        proceeding.
34             (d)  Substantial  neglect of the child if continuous
 
SB745 Engrossed             -1613-             LRB9101253EGfg
 1        or repeated.
 2             (d-1)  Substantial   neglect,   if   continuous   or
 3        repeated, of any child residing in  the  household  which
 4        resulted in the death of that child.
 5             (e)  Extreme or repeated cruelty to the child.
 6             (f)  Two  or  more findings of physical abuse to any
 7        children under Section 4-8 of the Juvenile Court  Act  or
 8        Section  2-21 of the Juvenile Court Act of 1987, the most
 9        recent of which was  determined  by  the  juvenile  court
10        hearing   the   matter  to  be  supported  by  clear  and
11        convincing evidence; a criminal conviction or  a  finding
12        of  not  guilty  by reason of insanity resulting from the
13        death of any child by physical child abuse; or a  finding
14        of  physical  child abuse resulting from the death of any
15        child under Section 4-8 of  the  Juvenile  Court  Act  or
16        Section 2-21 of the Juvenile Court Act of 1987.
17             (g)  Failure  to  protect  the child from conditions
18        within his environment injurious to the child's welfare.
19             (h)  Other neglect  of,  or  misconduct  toward  the
20        child; provided that in making a finding of unfitness the
21        court  hearing the adoption proceeding shall not be bound
22        by any previous finding, order or judgment  affecting  or
23        determining  the  rights  of the parents toward the child
24        sought to be adopted in any other proceeding except  such
25        proceedings  terminating  parental rights as shall be had
26        under either this Act, the  Juvenile  Court  Act  or  the
27        Juvenile Court Act of 1987.
28             (i)  Depravity.    Conviction  of  any  one  of  the
29        following crimes shall create a presumption that a parent
30        is depraved which can  be  overcome  only  by  clear  and
31        convincing evidence: (1) first degree murder in violation
32        of  paragraph  1 or 2 of subsection (a) of Section 9-1 of
33        the Criminal Code of 1961 or conviction of second  degree
34        murder  in  violation of subsection (a) of Section 9-2 of
 
SB745 Engrossed             -1614-             LRB9101253EGfg
 1        the Criminal Code of 1961 of a parent of the child to  be
 2        adopted;  (2) first degree murder or second degree murder
 3        of any child in violation of the Criminal Code  of  1961;
 4        (3)  attempt  or conspiracy to commit first degree murder
 5        or second degree murder of any child in violation of  the
 6        Criminal  Code of 1961; (4) solicitation to commit murder
 7        of any child, solicitation to commit murder of any  child
 8        for  hire, or solicitation to commit second degree murder
 9        of any child in violation of the Criminal Code  of  1961;
10        or (5) aggravated criminal sexual assault in violation of
11        Section 12-14(b)(1) of the Criminal Code of 1961.
12             There  is  a rebuttable presumption that a parent is
13        depraved if the parent has been criminally  convicted  of
14        at  least  3 felonies under the laws of this State or any
15        other state, or under federal law, or the  criminal  laws
16        of any United States territory; and at least one of these
17        convictions  took  place  within 5 years of the filing of
18        the petition or motion seeking  termination  of  parental
19        rights.
20             There  is  a rebuttable presumption that a parent is
21        depraved if that parent has been criminally convicted  of
22        either  first  or  second  degree murder of any person as
23        defined in the Criminal Code of 1961 within 10  years  of
24        the  filing  date  of the petition or motion to terminate
25        parental rights.
26             (j)  Open and notorious adultery or fornication.
27             (j-1)  (Blank).
28             (k)  Habitual drunkenness  or  addiction  to  drugs,
29        other  than those prescribed by a physician, for at least
30        one year immediately prior to  the  commencement  of  the
31        unfitness proceeding.
32             There  is  a rebuttable presumption that a parent is
33        unfit under this subsection with respect to any child  to
34        which  that parent gives birth where there is a confirmed
 
SB745 Engrossed             -1615-             LRB9101253EGfg
 1        test result that at birth the child's  blood,  urine,  or
 2        meconium  contained  any amount of a controlled substance
 3        as defined in  subsection  (f)  of  Section  102  of  the
 4        Illinois Controlled Substances Act or metabolites of such
 5        substances,  the  presence of which in the newborn infant
 6        was not the result of medical treatment  administered  to
 7        the  mother  or  the  newborn  infant; and the biological
 8        mother of this child is the biological mother of at least
 9        one other child who was  adjudicated  a  neglected  minor
10        under subsection (c) of Section 2-3 of the Juvenile Court
11        Act of 1987.
12             (l)  Failure  to  demonstrate a reasonable degree of
13        interest, concern or responsibility as to the welfare  of
14        a  new  born  child  during  the  first 30 days after its
15        birth.
16             (m)  Failure by a parent to make reasonable  efforts
17        to  correct  the  conditions  that were the basis for the
18        removal  of  the  child  from  the  parent,  or  to  make
19        reasonable progress toward the return of the child to the
20        parent within 9 months after an adjudication of neglected
21        or abused minor under Section 2-3 of the  Juvenile  Court
22        Act  of 1987 or dependent minor under Section 2-4 of that
23        Act.  If a service plan has been established as  required
24        under  Section  8.2  of  the  Abused  and Neglected Child
25        Reporting Act to correct the  conditions  that  were  the
26        basis for the removal of the child from the parent and if
27        those services were available, then, for purposes of this
28        Act,  "failure  to  make  reasonable  progress toward the
29        return of the child to the parent" includes the  parent's
30        failure  to  substantially fulfill his or her obligations
31        under the service plan and correct  the  conditions  that
32        brought  the  child  into  care within 9 months after the
33        adjudication under Section 2-3 or  2-4  of  the  Juvenile
34        Court Act of 1987.
 
SB745 Engrossed             -1616-             LRB9101253EGfg
 1             (m-1)  Pursuant to the Juvenile Court Act of 1987, a
 2        child has been in foster care for 15 months out of any 22
 3        month  period which begins on or after the effective date
 4        of this amendatory Act of 1998 unless the child's  parent
 5        can  prove  by a preponderance of the evidence that it is
 6        more likely  than  not  that  it  will  be  in  the  best
 7        interests  of  the  child  to  be  returned to the parent
 8        within 6 months of the  date  on  which  a  petition  for
 9        termination   of  parental  rights  is  filed  under  the
10        Juvenile Court Act of 1987.  The 15 month time  limit  is
11        tolled  during  any  period  for  which  there is a court
12        finding that the appointed custodian or  guardian  failed
13        to  make reasonable efforts to reunify the child with his
14        or her family,  provided  that  (i)  the  finding  of  no
15        reasonable  efforts  is made within 60 days of the period
16        when reasonable efforts were not made or (ii) the  parent
17        filed  a  motion  requesting  a  finding of no reasonable
18        efforts within 60 days  of  the  period  when  reasonable
19        efforts  were not made.  For purposes of this subdivision
20        (m-1), the date of entering foster care  is  the  earlier
21        of: (i) the date of a judicial finding at an adjudicatory
22        hearing  that  the  child  is  an  abused,  neglected, or
23        dependent minor; or (ii) 60 days after the date on  which
24        the child is removed from his or her parent, guardian, or
25        legal custodian.
26             (n)  Evidence  of  intent to forgo forego his or her
27        parental rights, whether or not the child is  a  ward  of
28        the  court, (1) as manifested by his or her failure for a
29        period of 12 months: (i) to  visit  the  child,  (ii)  to
30        communicate with the child or agency, although able to do
31        so  and  not  prevented  from doing so by an agency or by
32        court order, or (iii) to maintain contact  with  or  plan
33        for  the future of the child, although physically able to
34        do so, or (2) as  manifested  by  the  father's  failure,
 
SB745 Engrossed             -1617-             LRB9101253EGfg
 1        where  he  and  the mother of the child were unmarried to
 2        each other at the time  of  the  child's  birth,  (i)  to
 3        commence  legal  proceedings  to  establish his paternity
 4        under the Illinois Parentage Act of 1984 or  the  law  of
 5        the  jurisdiction  of the child's birth within 30 days of
 6        being informed, pursuant to Section 12a of this Act, that
 7        he is the father or the likely father of  the  child  or,
 8        after  being so informed where the child is not yet born,
 9        within 30 days of the child's birth, or (ii)  to  make  a
10        good  faith  effort  to  pay  a  reasonable amount of the
11        expenses related to the birth of the child and to provide
12        a reasonable amount for  the  financial  support  of  the
13        child,  the  court  to  consider in its determination all
14        relevant circumstances, including the financial condition
15        of both parents; provided that the ground for termination
16        provided in this subparagraph (n)(2)(ii)  shall  only  be
17        available  where the petition is brought by the mother or
18        the husband of the mother.
19             Contact or communication by a parent with his or her
20        child that does not  demonstrate  affection  and  concern
21        does not constitute reasonable contact and planning under
22        subdivision  (n).   In  the  absence  of  evidence to the
23        contrary, the ability  to  visit,  communicate,  maintain
24        contact,  pay  expenses  and plan for the future shall be
25        presumed.  The subjective intent of the  parent,  whether
26        expressed  or  otherwise,  unsupported by evidence of the
27        foregoing parental acts manifesting  that  intent,  shall
28        not preclude a determination that the parent has intended
29        to  forgo  forego  his or her parental rights.  In making
30        this determination, the court may consider but shall  not
31        require  a  showing  of diligent efforts by an authorized
32        agency to  encourage  the  parent  to  perform  the  acts
33        specified in subdivision (n).
34             It shall be an affirmative defense to any allegation
 
SB745 Engrossed             -1618-             LRB9101253EGfg
 1        under  paragraph (2) of this subsection that the father's
 2        failure was due to circumstances beyond his control or to
 3        impediments created by the mother  or  any  other  person
 4        having legal custody.  Proof of that fact need only be by
 5        a preponderance of the evidence.
 6             (o)  Repeated  or continuous failure by the parents,
 7        although physically and financially able, to provide  the
 8        child with adequate food, clothing, or shelter.
 9             (p)  Inability       to      discharge      parental
10        responsibilities supported by competent evidence  from  a
11        psychiatrist,   licensed   clinical   social  worker,  or
12        clinical  psychologist  of  mental   impairment,   mental
13        illness or mental retardation as defined in Section 1-116
14        of the Mental Health and Developmental Disabilities Code,
15        or  developmental  disability as defined in Section 1-106
16        of that Code, and there is  sufficient  justification  to
17        believe   that   the   inability  to  discharge  parental
18        responsibilities shall extend beyond  a  reasonable  time
19        period.   However,  this  subdivision  (p)  shall  not be
20        construed so as to  permit  a  licensed  clinical  social
21        worker  to  conduct  any  medical  diagnosis to determine
22        mental illness or mental impairment.
23             (q)  The parent has  been  criminally  convicted  of
24        aggravated  battery, heinous battery, or attempted murder
25        of any child.
26             (r)  The  child  is  in  the  temporary  custody  or
27        guardianship of the Department  of  Children  and  Family
28        Services,  the  parent  is  incarcerated  as  a result of
29        criminal conviction at the time the  petition  or  motion
30        for  termination  of  parental  rights is filed, prior to
31        incarceration the parent had little or  no  contact  with
32        the child or provided little or no support for the child,
33        and  the  parent's  incarceration will prevent the parent
34        from discharging his or her parental responsibilities for
 
SB745 Engrossed             -1619-             LRB9101253EGfg
 1        the child for a period in excess of  2  years  after  the
 2        filing  of  the  petition  or  motion  for termination of
 3        parental rights.
 4             (s)  The  child  is  in  the  temporary  custody  or
 5        guardianship of the Department  of  Children  and  Family
 6        Services,  the  parent  is  incarcerated  at the time the
 7        petition or motion for termination of parental rights  is
 8        filed,  the  parent has been repeatedly incarcerated as a
 9        result of criminal convictions, and the parent's repeated
10        incarceration has prevented the parent  from  discharging
11        his or her parental responsibilities for the child.
12             (t)   A  finding  that  at  birth the child's blood,
13        urine, or meconium contained any amount of  a  controlled
14        substance  as defined in subsection (f) of Section 102 of
15        the Illinois Controlled Substances Act, or  a  metabolite
16        of   a   controlled  substance,  with  the  exception  of
17        controlled substances or metabolites of such  substances,
18        the  presence  of  which  in  the  newborn infant was the
19        result of medical treatment administered to the mother or
20        the newborn infant, and that  the  biological  mother  of
21        this child is the biological mother of at least one other
22        child   who  was  adjudicated  a  neglected  minor  under
23        subsection (c) of Section 2-3 of the Juvenile  Court  Act
24        of  1987,  after  which  the  biological  mother  had the
25        opportunity to enroll in and participate in a  clinically
26        appropriate  substance  abuse  counseling, treatment, and
27        rehabilitation program.
28        E.  "Parent" means the father or mother of  a  legitimate
29    or illegitimate child.  For the purpose of this Act, a person
30    who  has executed a final and irrevocable consent to adoption
31    or  a  final  and  irrevocable  surrender  for  purposes   of
32    adoption,  or whose parental rights have been terminated by a
33    court, is not a parent of the child who was  the  subject  of
34    the consent or surrender, unless the consent is void pursuant
 
SB745 Engrossed             -1620-             LRB9101253EGfg
 1    to subsection O of Section 10.
 2        F.  A  person  is  available for adoption when the person
 3    is:
 4             (a)  a child who has been surrendered  for  adoption
 5        to  an  agency  and  to  whose  adoption  the  agency has
 6        thereafter consented;
 7             (b)  a child to whose adoption a  person  authorized
 8        by  law,  other  than  his  parents, has consented, or to
 9        whose adoption no consent is required pursuant to Section
10        8 of this Act;
11             (c)  a child who is in the custody  of  persons  who
12        intend  to  adopt  him  through  placement  made  by  his
13        parents;
14             (c-1)  a  child  for  whom  a  parent  has  signed a
15        specific consent pursuant to subsection O of Section  10;
16        or
17             (d)  an  adult who meets the conditions set forth in
18        Section 3 of this Act.
19        A person who would otherwise be  available  for  adoption
20    shall not be deemed unavailable for adoption solely by reason
21    of his or her death.
22        G.  The  singular  includes  the  plural  and  the plural
23    includes the singular and the "male" includes  the  "female",
24    as the context of this Act may require.
25        H.  "Adoption   disruption"   occurs   when  an  adoptive
26    placement does not prove successful and it becomes  necessary
27    for  the  child  to  be  removed  from  placement  before the
28    adoption is finalized.
29        I.  "Foreign placing agency" is an agency  or  individual
30    operating in a country or territory outside the United States
31    that  is  authorized  by  its  country  to place children for
32    adoption either directly with families in the  United  States
33    or through United States based international agencies.
34        J.  "Immediate  relatives"  means the biological parents,
 
SB745 Engrossed             -1621-             LRB9101253EGfg
 1    the parents of the biological parents  and  siblings  of  the
 2    biological parents.
 3        K.  "Intercountry adoption" is a process by which a child
 4    from a country other than the United States is adopted.
 5        L.  "Intercountry Adoption Coordinator" is a staff person
 6    of  the  Department of Children and Family Services appointed
 7    by the Director to coordinate the provision  of  services  by
 8    the  public  and  private  sector  to  prospective parents of
 9    foreign-born children.
10        M.  "Interstate Compact on the Placement of Children"  is
11    a  law enacted by most states for the purpose of establishing
12    uniform procedures for handling the interstate  placement  of
13    children in foster homes, adoptive homes, or other child care
14    facilities.
15        N.  "Non-Compact  state"  means  a  state  that  has  not
16    enacted the Interstate Compact on the Placement of Children.
17        O.  "Preadoption   requirements"   are   any   conditions
18    established  by  the  laws  or  regulations  of  the  Federal
19    Government  or  of  each  state that must be met prior to the
20    placement of a child in an adoptive home.
21        P.  "Abused  child"  means  a  child  whose   parent   or
22    immediate  family  member,  or any person responsible for the
23    child's welfare,  or any individual residing in the same home
24    as the child, or a paramour of the child's parent:
25             (a)  inflicts, causes to be inflicted, or allows  to
26        be  inflicted  upon  the  child physical injury, by other
27        than accidental means, that causes death,  disfigurement,
28        impairment  of  physical  or emotional health, or loss or
29        impairment of any bodily function;
30             (b)  creates a substantial risk of  physical  injury
31        to  the  child by other than accidental means which would
32        be likely to cause death,  disfigurement,  impairment  of
33        physical  or  emotional  health, or loss or impairment of
34        any bodily function;
 
SB745 Engrossed             -1622-             LRB9101253EGfg
 1             (c)  commits or  allows  to  be  committed  any  sex
 2        offense against the child, as sex offenses are defined in
 3        the Criminal Code of 1961 and extending those definitions
 4        of  sex  offenses  to  include children under 18 years of
 5        age;
 6             (d)  commits or allows to be  committed  an  act  or
 7        acts of torture upon the child; or
 8             (e)  inflicts excessive corporal punishment.
 9        Q.  "Neglected  child"  means  any  child whose parent or
10    other person responsible for the child's welfare withholds or
11    denies nourishment or medically indicated treatment including
12    food or care denied solely on the basis  of  the  present  or
13    anticipated  mental or physical impairment as determined by a
14    physician  acting  alone  or  in  consultation   with   other
15    physicians  or  otherwise  does  not  provide  the  proper or
16    necessary support, education as required by law,  or  medical
17    or   other  remedial  care  recognized  under  State  law  as
18    necessary for a child's well-being, or other  care  necessary
19    for  his or her well-being, including adequate food, clothing
20    and shelter; or who is abandoned by his  or  her  parents  or
21    other person responsible for the child's welfare.
22        A  child  shall not be considered neglected or abused for
23    the sole reason that  the  child's  parent  or  other  person
24    responsible  for  his  or  her welfare depends upon spiritual
25    means through prayer alone  for  the  treatment  or  cure  of
26    disease  or  remedial care as provided under Section 4 of the
27    Abused and Neglected Child Reporting Act.
28        R.  "Putative father" means a man who may  be  a  child's
29    father,  but  who (1) is not married to the child's mother on
30    or before the date that the child was or is to  be  born  and
31    (2)  has  not  established  paternity of the child in a court
32    proceeding before the filing of a petition for  the  adoption
33    of  the  child.  The term includes a male who is less than 18
34    years of age.  "Putative father" does not mean a man  who  is
 
SB745 Engrossed             -1623-             LRB9101253EGfg
 1    the  child's  father  as a result of criminal sexual abuse or
 2    assault as defined under Article 12 of the Criminal  Code  of
 3    1961.
 4    (Source: P.A.  89-235,  eff.  8-4-95;  89-704,  eff.  8-16-97
 5    (changed  from  1-1-98  by P.A. 90-443); 90-13, eff. 6-13-97;
 6    90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m)
 7    eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv.  (D)(m)  eff.
 8    6-25-97;  90-443, eff. 8-16-97; 90-608, eff. 6-30-98; 90-655,
 9    eff. 7-30-98; revised 10-31-98.)

10        (750 ILCS 50/5) (from Ch. 40, par. 1507)
11        Sec. 5. Petition, contents, verification, filing.
12        A.  A proceeding to adopt a child, other than  a  related
13    child,  shall be commenced by the filing of a petition within
14    30 days after such child has become available  for  adoption,
15    provided  that  such petition may be filed at a later date by
16    leave of court upon a showing that the failure to  file  such
17    petition  within  such  30  day  period  was  not  due to the
18    petitioners' culpable negligence or their wilful disregard of
19    the provisions of this Section.  In the case of a child  born
20    outside  the  United  States  or  a territory thereof, if the
21    prospective  adoptive  parents  of  such  child   have   been
22    appointed  guardians  of  such  child by a court of competent
23    jurisdiction in a country other than the United States  or  a
24    territory  thereof,  such  parents  shall  file a petition as
25    provided in this Section within 30 days after  entry  of  the
26    child  into  the United States.  A petition to adopt an adult
27    or a related child may be filed at any time. A  petition  for
28    adoption  may  include  more  than  one  person  sought to be
29    adopted.
30        B.  A petition to adopt a  child  other  than  a  related
31    child shall state:
32             (a)  The  full  names  of  the  petitioners  and, if
33        minors, their respective ages;
 
SB745 Engrossed             -1624-             LRB9101253EGfg
 1             (b)  The place of residence of the  petitioners  and
 2        the  length of residence of each in the State of Illinois
 3        immediately preceding the filing of the petition;
 4             (c)  When the petitioners  acquired,  or  intend  to
 5        acquire,  custody  of the child, and the name and address
 6        of the persons or agency from whom the child was or  will
 7        be received;
 8             (d)  The name, the place and date of birth if known,
 9        and the sex of the child sought to be adopted;
10             (e)  The  relationship, if any, of the child to each
11        petitioner;
12             (f)  The  names,  if  known,  and   the   place   of
13        residence,  if  known,  of  the parents; and whether such
14        parents  are  minors,  or  otherwise  under   any   legal
15        disability.  The names and addresses of the parents shall
16        be omitted and they shall not be made  parties  defendant
17        to  the  petition  if  (1) the rights of the parents have
18        been terminated by a court of competent jurisdiction,  or
19        (2)  if  the  child has been surrendered to an agency, or
20        (3) if the parent or parents have been  served  with  the
21        notice  provided  in  Section  12a  of  this Act and said
22        parent or parents have filed a disclaimer of paternity as
23        therein provided or have failed to file such  declaration
24        of  paternity or a request for notice as provided in said
25        Section; .
26             (g)  If it is alleged that the child has  no  living
27        parent,  then  the  name of the guardian, if any, of such
28        child and the court which appointed such guardian;
29             (h)  If it is alleged that the child has  no  living
30        parent  and  that  no  guardian of such child is known to
31        petitioners, then the name of a near relative, if  known,
32        shall  be  set  forth,  or  an  allegation  that  no near
33        relative  is  known  and  on  due   inquiry   cannot   be
34        ascertained by petitioners; :
 
SB745 Engrossed             -1625-             LRB9101253EGfg
 1             (i)  The name to be given the child or adult;
 2             (j)  That  the person or agency, having authority to
 3        consent under Section 8 of this Act,  has  consented,  or
 4        has  indicated willingness to consent, to the adoption of
 5        the child by the petitioners, or that the  person  having
 6        authority  to  consent  is an unfit person and the ground
 7        therefor, or that no consent is required under  paragraph
 8        (f) of Section 8 of this Act;
 9             (k)  Whatever  orders,  judgments  or  decrees  have
10        heretofore  been  entered  by  any  court  affecting  (1)
11        adoption  or  custody  of the child, or (2) the adoptive,
12        custodial  or  parental  rights  of  either   petitioner,
13        including  the  prior denial of any petition for adoption
14        pertaining to such  child,  or  to  the  petitioners,  or
15        either of them.
16        C.  A petition to adopt a related child shall include the
17    information  specified  in sub-paragraphs (a), (b), (d), (e),
18    (f), (i) and (k) of paragraph B and a petition  to  adopt  an
19    adult    shall    contain   the   information   required   by
20    sub-paragraphs (a), (b) and (i) of paragraph B in addition to
21    the name, place, date of birth and sex of such adult.
22        D.  The petition shall be verified by the petitioners.
23        E.  Upon the filing of the petition the petitioners shall
24    furnish the Clerk of the  Court  in  which  the  petition  is
25    pending  such  information  not contained in such petition as
26    shall be necessary to enable  the  Clerk  of  such  Court  to
27    complete a certificate of adoption as hereinafter provided.
28    (Source: P.A. 87-1129; 88-148; revised 10-31-98.)

29        (750 ILCS 50/8) (from Ch. 40, par. 1510)
30        Sec. 8.  Consents to adoption and surrenders for purposes
31    of adoption.
32        (a)  Except  as  hereinafter  provided  in  this  Section
33    consents or surrenders shall be required in all cases, unless
 
SB745 Engrossed             -1626-             LRB9101253EGfg
 1    the  person  whose  consent  or  surrender would otherwise be
 2    required shall be found by the court:
 3             (1)  to be an unfit person as defined in  Section  1
 4        of this Act, by clear and convincing evidence; or
 5             (2)  not  to be the biological or adoptive father of
 6        the child; or
 7             (3)  to have waived his parental rights to the child
 8        under Section 12a or 12.1 of this Act; or
 9             (4)  to be the parent  of  an  adult  sought  to  be
10        adopted; or
11             (5)  to  be  the  father of the child as a result of
12        criminal sexual abuse or assault as defined under Article
13        12 of the Criminal Code of 1961.
14        (b)  Where consents  are  required  in  the  case  of  an
15    adoption  of  a  minor  child,  the consents of the following
16    persons shall be sufficient:
17             (1) (A)  The mother of the minor child; and
18             (B)  The father of the minor child, if the father:
19                  (i)  was married to the mother on the  date  of
20             birth  of  the  child  or within 300 days before the
21             birth of the child, except for a husband  or  former
22             husband  who  has been found by a court of competent
23             jurisdiction not to be the biological father of  the
24             child; or
25                  (ii)  is  the  father  of  the  child  under  a
26             judgment  for adoption, an order of parentage, or an
27             acknowledgment of parentage or paternity pursuant to
28             subsection  (a)  of  Section  5  of   the   Illinois
29             Parentage Act of 1984; or
30                  (iii)  in  the  case of a child placed with the
31             adopting parents less than  6  months  after  birth,
32             openly  lived with the child, the child's biological
33             mother, or both, and held  himself  out  to  be  the
34             child's  biological  father during the first 30 days
 
SB745 Engrossed             -1627-             LRB9101253EGfg
 1             following the birth of the child; or
 2                  (iv)  in the case of a child  placed  with  the
 3             adopting  parents  less  than  6 months after birth,
 4             made a good faith effort to pay a reasonable  amount
 5             of  the  expenses  related to the birth of the child
 6             and to provide a reasonable amount for the financial
 7             support of the child before  the  expiration  of  30
 8             days following the birth of the child, provided that
 9             the  court  may  consider  in  its determination all
10             relevant  circumstances,  including  the   financial
11             condition of both biological parents; or
12                  (v)  in  the  case  of  a child placed with the
13             adopting parents more than 6 months after birth, has
14             maintained substantial and  continuous  or  repeated
15             contact  with  the  child  as manifested by: (I) the
16             payment by the father  toward  the  support  of  the
17             child of a fair and reasonable sum, according to the
18             father's   means,   and  either  (II)  the  father's
19             visiting the child at least monthly when  physically
20             and financially able to do so and not prevented from
21             doing  so  by the person or authorized agency having
22             lawful custody of the child, or (III)  the  father's
23             regular  communication  with  the  child or with the
24             person or agency having the care or custody  of  the
25             child,  when  physically  and  financially unable to
26             visit the child or prevented from doing  so  by  the
27             person or authorized agency having lawful custody of
28             the  child.   The  subjective  intent of the father,
29             whether  expressed  or  otherwise   unsupported   by
30             evidence  of acts specified in this sub-paragraph as
31             manifesting  such  intent,  shall  not  preclude   a
32             determination  that  the  father  failed to maintain
33             substantial and continuous or repeated contact  with
34             the child; or
 
SB745 Engrossed             -1628-             LRB9101253EGfg
 1                  (vi)  in  the  case  of a child placed with the
 2             adopting parents more than six months  after  birth,
 3             openly  lived  with  the  child  for a period of six
 4             months  within  the  one  year  period   immediately
 5             preceding  the  placement  of the child for adoption
 6             and openly held himself out to be the father of  the
 7             child; or
 8                  (vii)  has   timely  registered  with  Putative
 9             Father Registry, as provided in Section 12.1 of this
10             Act, and prior to the expiration of 30 days from the
11             date   of   such   registration,   commenced   legal
12             proceedings  to  establish   paternity   under   the
13             Illinois  Parentage  Act of 1984 or under the law of
14             the jurisdiction of the child's birth; or
15             (2)  The legal guardian of the person of the  child,
16        if there is no surviving parent; or
17             (3)  An  agency,  if  the child has been surrendered
18        for adoption to such agency; or
19             (4)  Any person or agency having legal custody of  a
20        child  by  court  order  if  the  parental  rights of the
21        parents have been judicially terminated,  and  the  court
22        having  jurisdiction of the guardianship of the child has
23        authorized the consent to the adoption; or
24             (5)  The execution and verification of the  petition
25        by  any  petitioner  who  is  also  a parent of the child
26        sought to be adopted shall be sufficient evidence of such
27        parent's consent to the adoption.
28        (c)  Where surrenders to an agency are  required  in  the
29    case  of  a  placement  for  adoption  of a minor child by an
30    agency, the surrenders of  the  following  persons  shall  be
31    sufficient:
32             (1) (A)  The mother of the minor child; and
33             (B)  The father of the minor child, if the father: ;
34        
 
SB745 Engrossed             -1629-             LRB9101253EGfg
 1                  (i)  was  married  to the mother on the date of
 2             birth of the child or within  300  days  before  the
 3             birth  of  the child, except for a husband or former
 4             husband who has been found by a court  of  competent
 5             jurisdiction  not to be the biological father of the
 6             child; or
 7                  (ii)  is  the  father  of  the  child  under  a
 8             judgment for adoption, an order of parentage, or  an
 9             acknowledgment of parentage or paternity pursuant to
10             subsection   (a)   of  Section  5  of  the  Illinois
11             Parentage Act of 1984; or
12                  (iii)  in the case of a child placed  with  the
13             adopting  parents  less  than  6 months after birth,
14             openly lived with the child, the child's  biological
15             mother,  or  both,  and  held  himself out to be the
16             child's biological father during the first  30  days
17             following the birth of a child; or
18                  (iv)  in  the  case  of a child placed with the
19             adopting parents less than  6  months  after  birth,
20             made  a good faith effort to pay a reasonable amount
21             of the expenses related to the birth  of  the  child
22             and to provide a reasonable amount for the financial
23             support  of  the  child  before the expiration of 30
24             days following the birth of the child, provided that
25             the court may  consider  in  its  determination  all
26             relevant   circumstances,  including  the  financial
27             condition of both biological parents; or
28                  (v)  in the case of a  child  placed  with  the
29             adopting  parents  more than six months after birth,
30             has  maintained  substantial   and   continuous   or
31             repeated  contact  with  the child as manifested by:
32             (I) the payment by the father toward the support  of
33             the child of a fair and reasonable sum, according to
34             the  father's  means,  and  either (II) the father's
 
SB745 Engrossed             -1630-             LRB9101253EGfg
 1             visiting the child at least monthly when  physically
 2             and financially able to do so and not prevented from
 3             doing  so  by the person or authorized agency having
 4             lawful custody of the child or  (III)  the  father's
 5             regular  communication  with  the  child or with the
 6             person or agency having the care or custody  of  the
 7             child,  when  physically  and  financially unable to
 8             visit the child or prevented from doing  so  by  the
 9             person or authorized agency having lawful custody of
10             the  child.   The  subjective  intent of the father,
11             whether  expressed  or  otherwise,  unsupported   by
12             evidence  of acts specified in this sub-paragraph as
13             manifesting  such  intent,  shall  not  preclude   a
14             determination  that  the  father  failed to maintain
15             substantial and continuous or repeated contact  with
16             the child; or
17                  (vi)  in  the  case  of a child placed with the
18             adopting parents more than six months  after  birth,
19             openly  lived  with  the  child  for a period of six
20             months  within  the  one  year  period   immediately
21             preceding  the  placement  of the child for adoption
22             and openly held himself out to be the father of  the
23             child; or
24                  (vii)  has  timely registered with the Putative
25             Father Registry, as provided in Section 12.1 of this
26             Act, and prior to the expiration of 30 days from the
27             date   of   such   registration,   commenced   legal
28             proceedings  to  establish   paternity   under   the
29             Illinois  Parentage Act of 1984, or under the law of
30             the jurisdiction of the child's birth.
31        (d)  In making a determination under subparagraphs (b)(1)
32    and (c)(1), no showing shall be required of diligent  efforts
33    by  a person or agency to encourage the father to perform the
34    acts specified therein.
 
SB745 Engrossed             -1631-             LRB9101253EGfg
 1        (e)  In the case of the adoption of an  adult,  only  the
 2    consent of such adult shall be required.
 3    (Source:  P.A.  89-315,  eff.  1-1-96;  89-641,  eff. 8-9-96;
 4    90-15, eff. 6-13-97; revised 10-31-98.)

 5        (750 ILCS 50/10) (from Ch. 40, par. 1512)
 6        Sec. 10.  Forms of consent and surrender;  execution  and
 7    acknowledgment thereof.
 8        A.  The  form  of  consent required for the adoption of a
 9    born child shall be substantially as follows:
10              FINAL AND IRREVOCABLE CONSENT TO ADOPTION
11        I, ...., (relationship, e.g., mother,  father,  relative,
12    guardian) of ...., a ..male child, state:
13        That such child was born on .... at ....
14        That I reside at ...., County of ....  and State of ....
15        That I am of the age of .... years.
16        That  I hereby enter my appearance in this proceeding and
17    waive service of summons on me.
18        That I do hereby consent and agree  to  the  adoption  of
19    such child.
20        That  I  wish  to  and  understand  that  by signing this
21    consent I do irrevocably and permanently give up all  custody
22    and other parental rights I have to such child.
23        That  I understand such child will be placed for adoption
24    and that I cannot under any circumstances, after signing this
25    document, change my mind and revoke or cancel this consent or
26    obtain or recover custody  or  any  other  rights  over  such
27    child.   That  I  have read and understand the above and I am
28    signing it as my free and voluntary act.
29        Dated (insert date).
30    this .... day of ...., 19....
31    .........................

32        If under Section 8 the consent of more than one person is
33    required, then each such  person  shall  execute  a  separate
 
SB745 Engrossed             -1632-             LRB9101253EGfg
 1    consent.
 2        B.  The  form  of consent required for the adoption of an
 3    unborn child shall be substantially as follows:
 4                 CONSENT TO ADOPTION OF UNBORN CHILD
 5        I, ...., state:
 6        That I am the father of a child expected to be born on or
 7    about .... to .... (name of mother).
 8        That I reside at .... County of ...., and State of .....
 9        That I am of the age of .... years.
10        That I  hereby  enter  my  appearance  in  such  adoption
11    proceeding and waive service of summons on me.
12        That  I  do  hereby  consent and agree to the adoption of
13    such child, and that I have not previously executed a consent
14    or surrender with respect to such child.
15        That I wish to and do understand  that  by  signing  this
16    consent  I do irrevocably and permanently give up all custody
17    and other parental rights I have to such child, except that I
18    have the right to  revoke  this  consent  by  giving  written
19    notice  of  my  revocation  not later than 72 hours after the
20    birth of the child.
21        That I understand such child will be placed for  adoption
22    and  that, except as hereinabove provided, I cannot under any
23    circumstances, after signing this document,  change  my  mind
24    and  revoke  or  cancel  this  consent  or  obtain or recover
25    custody or any other rights over such child.
26        That I have read  and  understand  the  above  and  I  am
27    signing it as my free and voluntary act.
28        Dated (insert date). this ....  day of ...., 19...
29    ........................
30        C.  The form of surrender to any agency given by a parent
31    of a born child who is to be subsequently placed for adoption
32    shall  be  substantially  as  follows  and shall contain such
33    other facts and statements as  the  particular  agency  shall
34    require.
 
SB745 Engrossed             -1633-             LRB9101253EGfg
 1                   FINAL AND IRREVOCABLE SURRENDER
 2                      FOR PURPOSES OF ADOPTION
 3        I,  ....   (relationship, e.g., mother, father, relative,
 4    guardian) of ...., a ..male child, state:
 5        That such child was born on ...., at .....
 6        That I reside at ...., County of ...., and State of .....
 7        That I am of the age of .... years.
 8        That I do hereby surrender and entrust the entire custody
 9    and control of such child to  the  ....   (the  "Agency"),  a
10    (public)  (licensed)  child welfare agency with its principal
11    office in the City of ...., County of .... and State of ....,
12    for the purpose of enabling it to care for and supervise  the
13    care  of  such child, to place such child for adoption and to
14    consent to the legal adoption of such child.
15        That  I  hereby  grant  to  the  Agency  full  power  and
16    authority to place such child with any person or  persons  it
17    may  in  its  sole  discretion  select to become the adopting
18    parent or parents and to consent to  the  legal  adoption  of
19    such child by such person or persons; and to take any and all
20    measures which, in the judgment of the Agency, may be for the
21    best  interests of such child, including authorizing medical,
22    surgical and dental care and treatment including  inoculation
23    and anaesthesia for such child.
24        That  I  wish  to  and  understand  that  by signing this
25    surrender I  do  irrevocably  and  permanently  give  up  all
26    custody and other parental rights I have to such child.
27        That I understand I cannot under any circumstances, after
28    signing  this  surrender, change my mind and revoke or cancel
29    this surrender or obtain or  recover  custody  or  any  other
30    rights over such child.
31        That  I  have  read  and  understand  the  above and I am
32    signing it as my free and voluntary act.
33        Dated (insert date). this ....  day of ...., 19...
34    ........................
 
SB745 Engrossed             -1634-             LRB9101253EGfg
 1        D.  The form of surrender to an agency given by a  parent
 2    of  an  unborn  child  who  is  to be subsequently placed for
 3    adoption shall be substantially as follows and shall  contain
 4    such  other  facts  and  statements  as the particular agency
 5    shall require.
 6                    SURRENDER OF UNBORN CHILD FOR
 7                        PURPOSES OF ADOPTION
 8        I, .... (father), state:
 9        That I am the father of a child expected to be born on or
10    about .... to .... (name of mother).
11        That I reside at ...., County of ...., and State of .....
12        That I am of the age of .... years.
13        That I do hereby surrender and entrust the entire custody
14    and control of such child  to  the  ....  (the  "Agency"),  a
15    (public)  (licensed)  child welfare agency with its principal
16    office in the City of ...., County of .... and State of ....,
17    for the purpose of enabling it to care for and supervise  the
18    care  of  such child, to place such child for adoption and to
19    consent to the legal adoption of such child, and that I  have
20    not  previously  executed a consent or surrender with respect
21    to such child.
22        That  I  hereby  grant  to  the  Agency  full  power  and
23    authority to place such child with any person or  persons  it
24    may  in  its  sole  discretion  select to become the adopting
25    parent or parents and to consent to  the  legal  adoption  of
26    such child by such person or persons; and to take any and all
27    measures which, in the judgment of the Agency, may be for the
28    best  interests of such child, including authorizing medical,
29    surgical and dental care and treatment, including inoculation
30    and anaesthesia for such child.
31        That I wish  to  and  understand  that  by  signing  this
32    surrender  I  do  irrevocably  and  permanently  give  up all
33    custody and other parental rights I have to such child.
34        That I understand I cannot under any circumstances, after
 
SB745 Engrossed             -1635-             LRB9101253EGfg
 1    signing this surrender, change my mind and revoke  or  cancel
 2    this  surrender  or  obtain  or  recover custody or any other
 3    rights over such child, except  that  I  have  the  right  to
 4    revoke   this  surrender  by  giving  written  notice  of  my
 5    revocation not later than 72 hours after the  birth  of  such
 6    child.
 7        That  I  have  read  and  understand  the  above and I am
 8    signing it as my free and voluntary act.
 9        Dated (insert date). this .... day of ...., 19...
10    ........................
11        E.  The form of consent required from the parents for the
12    adoption of an adult, when such adult elects to  obtain  such
13    consent, shall be substantially as follows:
14                               CONSENT
15        I, ...., (father) (mother) of ...., an adult, state:
16        That I reside at ...., County of .... and State of .....
17        That  I  do  hereby  consent and agree to the adoption of
18    such adult by .... and .....
19        Dated (insert date). this .... day of .......... 19
20    .........................
21        F.  The form of consent required for the  adoption  of  a
22    child  of  the age of 14 years or upwards, or of an adult, to
23    be given by such person, shall be substantially as follows:
24                               CONSENT
25        I, ...., state:
26        That I reside at ...., County of .... and State of  .....
27    That I am of the age of .... years.  That I consent and agree
28    to my adoption by .... and .....
29        Dated (insert date). this ....  day of ......., 19...
30    ........................
31        G.  The  form  of  consent  given  by  an  agency  to the
32    adoption  by  specified  persons  of   a   child   previously
33    surrendered  to  it  shall  set forth that the agency has the
34    authority to execute such consent.  The form of consent given
 
SB745 Engrossed             -1636-             LRB9101253EGfg
 1    by a guardian of the person of a child sought to be  adopted,
 2    appointed  by  a  court  of competent jurisdiction, shall set
 3    forth the facts of such appointment and the authority of  the
 4    guardian to execute such consent.
 5        H.  A  consent  (other  than  that given by an agency, or
 6    guardian of the person of the  child  sought  to  be  adopted
 7    appointed  by  a  court  of  competent jurisdiction) shall be
 8    acknowledged by a parent before the presiding  judge  of  the
 9    court  in  which the petition for adoption has been, or is to
10    be filed  or  before  any  other  judge  or  hearing  officer
11    designated  or  subsequently  approved  by  the court, or the
12    circuit clerk if so authorized by  the  presiding  judge  or,
13    except   as   otherwise   provided  in  this  Act,  before  a
14    representative of  the  Department  of  Children  and  Family
15    Services or a licensed child welfare agency, or before social
16    service  personnel  under  the  jurisdiction  of  a  court of
17    competent jurisdiction, or before social service personnel of
18    the Cook County Department of Supportive Services  designated
19    by the presiding judge.
20        I.  A  surrender,  or  any other document equivalent to a
21    surrender, by which a child is surrendered to an agency shall
22    be acknowledged by the  person  signing  such  surrender,  or
23    other  document,  before  a  judge  or hearing officer or the
24    clerk of any court of record, either in  this  State  or  any
25    other  state of the United States, or before a representative
26    of an  agency  or  before  any  other  person  designated  or
27    approved  by  the  presiding  judge of the court in which the
28    petition for adoption has been, or is to be, filed.
29        J.  The form of the certificate of acknowledgment  for  a
30    consent,  a  surrender, or any other document equivalent to a
31    surrender, shall be substantially as follows:
32    STATE OF ....)
33                 ) SS.
34    COUNTY OF ...)
 
SB745 Engrossed             -1637-             LRB9101253EGfg
 1        I, .... (Name of judge or other person),  ....  (official
 2    title,  name  and  location of court or status or position of
 3    other person), certify that ...., personally known to  me  to
 4    be  the same person whose name is subscribed to the foregoing
 5    (consent) (surrender), appeared before me this day in  person
 6    and  acknowledged  that  (she) (he) signed and delivered such
 7    (consent) (surrender) as (her) (his) free and voluntary  act,
 8    for the specified purpose.
 9        I  have  fully  explained  that by signing such (consent)
10    (surrender)  (she)  (he)  is  irrevocably  relinquishing  all
11    parental rights to such child or adult  and  (she)  (he)  has
12    stated that such is (her) (his) intention and desire.
13        Dated (insert date). 19
14        Signature ...............
15        K.  When  the  execution  of  a consent or a surrender is
16    acknowledged before someone other than a judge or  the  clerk
17    of  a  court  of  record,  such  other  person shall have his
18    signature on the certificate  acknowledged  before  a  notary
19    public, in form substantially as follows:
20    STATE OF ....)
21                 ) SS.
22    COUNTY OF ...)
23        I,  a  Notary Public, in and for the County of ......, in
24    the State of ......, certify that ...., personally  known  to
25    me  to  be  the  same  person whose name is subscribed to the
26    foregoing certificate of acknowledgment, appeared  before  me
27    in  person  and  acknowledged  that  (she)  (he)  signed such
28    certificate as (her) (his) free and voluntary  act  and  that
29    the statements made in the certificate are true.
30        Dated (insert date). ......... 19...
31                   Signature ...................... Notary Public
32                                                  (official seal)

33        There  shall  be attached a certificate of magistracy, or
34    other  comparable  proof  of  office  of  the  notary  public
 
SB745 Engrossed             -1638-             LRB9101253EGfg
 1    satisfactory  to  the  court,  to  a   consent   signed   and
 2    acknowledged in another state.
 3        L.  A  surrender  or  consent  executed  and acknowledged
 4    outside of this State, either in accordance with the  law  of
 5    this  State  or in accordance with the law of the place where
 6    executed, is valid.
 7        M.  Where a consent or a surrender is signed in a foreign
 8    country, the execution of such consent shall be  acknowledged
 9    or  affirmed in a manner conformable to the law and procedure
10    of such country.
11        N.  If the person signing a consent or  surrender  is  in
12    the  military  service of the United States, the execution of
13    such consent  or  surrender  may  be  acknowledged  before  a
14    commissioned  officer  and  the  signature of such officer on
15    such certificate shall be verified or acknowledged  before  a
16    notary public or by such other procedure as is then in effect
17    for such division or branch of the armed forces.
18        O. (1)  The  parent  or  parents  of  a  child  in  whose
19    interests a petition under Section 2-13 of the Juvenile Court
20    Act  of  1987  is  pending  may,  with  the  approval  of the
21    designated representative of the Department of  Children  and
22    Family Services, execute a consent to adoption by a specified
23    person or persons:
24             (a)  in whose physical custody the child has resided
25        for at least one year; or
26             (b)  in  whose physical custody at least one sibling
27        of the child who is  the  subject  of  this  consent  has
28        resided  for  at least one year, and the child who is the
29        subject of this consent is  currently  residing  in  this
30        foster home; or
31             (c)  in  whose  physical  custody  a child under one
32        year of age has resided for at least 3 months.
33    A consent under this subsection O shall be acknowledged by  a
34    parent  pursuant  to  subsection  H  and subsection K of this
 
SB745 Engrossed             -1639-             LRB9101253EGfg
 1    Section.
 2        (2)  The consent to adoption by  a  specified  person  or
 3    persons  shall have the caption of the proceeding in which it
 4    is to be filed and shall be substantially as follows:
 5            FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
 6                    A SPECIFIED PERSON OR PERSONS
 7        I,      ......................................,       the
 8    ..................  (mother  or  father) of a ....male child,
 9    state:
10             1.  My child ............................  (name  of
11        child)  was born on (insert date) ............, ...... at
12        .................... Hospital in ................ County,
13        State of .............. .
14             2.  I reside at  ......................,  County  of
15        ............. and State of ............. .
16             3.  I,  ...........................,  am  .... years
17        old.
18             4.  I enter my appearance in this action to adopt my
19        child by the person or persons specified herein by me and
20        waive service of summons on me in this action only.
21             5.  I  consent  to  the  adoption  of  my  child  by
22        .............................   (specified   person    or
23        persons) only.
24             6.  I  wish  to  sign  this consent and I understand
25        that  by  signing  this   consent   I   irrevocably   and
26        permanently  give  up  all  parental  rights I have to my
27        child     if     my     child     is      adopted      by
28        .............................    (specified   person   or
29        persons).
30             7.  I  understand  my  child  will  be  adopted   by
31        .............................      (specified  person  or
32        persons) only and that I cannot under any  circumstances,
33        after signing this document, change my mind and revoke or
34        cancel  this  consent or obtain or recover custody or any
 
SB745 Engrossed             -1640-             LRB9101253EGfg
 1        other      rights      over       my       child       if
 2        ............................    (specified    person   or
 3        persons) adopt my child.
 4             8.  I understand that this consent  to  adoption  is
 5        valid  only  if the petition to adopt is filed within one
 6        year  from  the  date  that  I  sign  it  and   that   if
 7        .......................  (specified  person  or persons),
 8        for any reason, cannot or will not  file  a  petition  to
 9        adopt  my  child  within that one year period or if their
10        adoption petition is denied, then this  consent  will  be
11        void.  I have the right to notice of any other proceeding
12        that could affect my  parental  rights,  except  for  the
13        proceeding   for   .............   (specified  person  or
14        persons) to adopt my child.
15             9.  I have read and understand the above  and  I  am
16        signing it as my free and voluntary act.
17             Dated  (insert  date).  this  .....  day  of  .....,
18    .......
19             .............................................
20             Signature of parent
21        (3)  If the parent consents to an adoption by 2 specified
22    persons,  then the form shall contain 2 additional paragraphs
23    in substantially the following form:
24             10.  If ............... (specified  persons)  get  a
25        divorce before the petition to adopt my child is granted,
26        then  .......... (specified person) shall adopt my child.
27        I understand that I cannot change my mind and revoke this
28        consent or obtain or recover custody  over  my  child  if
29        .............    (specified    persons)    divorce    and
30        .............  (specified  person)  adopts  my  child.  I
31        understand that I cannot change my mind and  revoke  this
32        consent  or  obtain  or  recover custody over my child if
33        ................. (specified persons) divorce  after  the
34        adoption  is  final.   I  understand that this consent to
 
SB745 Engrossed             -1641-             LRB9101253EGfg
 1        adoption has no effect on who  will  get  custody  of  my
 2        child if they divorce after the adoption is final.
 3             11.  I  understand  that  if  either ...............
 4        (specified persons) dies before the petition to adopt  my
 5        child  is granted, then the surviving person can adopt my
 6        child.  I understand that I cannot  change  my  mind  and
 7        revoke  this consent or obtain or recover custody over my
 8        child if the surviving person adopts my child.
 9        A consent to adoption by specified persons on  this  form
10    shall have no effect on a court's determination of custody or
11    visitation  under  the  Illinois  Marriage and Dissolution of
12    Marriage Act if the marriage  of  the  specified  persons  is
13    dissolved after the adoption is final.
14        (4)  The form of the certificate of acknowledgement for a
15    Final  and  Irrevocable  Consent  for Adoption by a Specified
16    Person or Persons shall be substantially as follows:

17    STATE OF..............)
18                           ) SS.
19    COUNTY OF.............)

20        I, .................... (Name of Judge or other  person),
21    .....................  (official  title,  name, and address),
22    certify that ............., personally known to me to be  the
23    same  person  whose name is subscribed to the foregoing Final
24    and Irrevocable Consent for Adoption by a Specified Person or
25    Persons,  appeared  before  me  this  day   in   person   and
26    acknowledged  that (she)(he) signed and delivered the consent
27    as (her)(his) free  and  voluntary  act,  for  the  specified
28    purpose.
29        I  have  fully explained that this consent to adoption is
30    valid only if the petition to adopt is filed within one  year
31    from  the  date  that it is signed, and that if the specified
32    person or persons, for any reason, cannot or will  not  adopt
33    the  child  or  if the adoption petition is denied, then this
 
SB745 Engrossed             -1642-             LRB9101253EGfg
 1    consent will be void.  I have fully  explained  that  if  the
 2    specified  person or persons adopt the child, by signing this
 3    consent   (she)(he)   is    irrevocably    and    permanently
 4    relinquishing all parental rights to the child, and (she)(he)
 5    has stated that such is (her)(his) intention and desire.
 6        Dated (insert date). ............., ........
 7        ...............................
 8        Signature
 9        (5)  If  a  consent  to adoption by a specified person or
10    persons is executed in this form,  the  following  provisions
11    shall  apply.   The  consent  shall  be  valid  only  if that
12    specified person or persons adopt  the  child.   The  consent
13    shall be void if:
14             (a)  the  specified  person or persons do not file a
15        petition to adopt the child within  one  year  after  the
16        consent is signed; or
17             (b)  a court denies the adoption petition; or
18             (c)  the  Department of Children and Family Services
19        Guardianship Administrator determines that the  specified
20        person  or  persons  will  not  or  cannot  complete  the
21        adoption,  or  in  the best interests of the child should
22        not adopt the child.
23        Within  30  days  of  the  consent  becoming  void,   the
24    Department  of  Children  and  Family  Services  Guardianship
25    Administrator  shall  make  good faith attempts to notify the
26    parent in writing and shall give written notice to the  court
27    and  all  additional parties in writing that the adoption has
28    not occurred or will not occur and that the consent is  void.
29    If  the  adoption  by  a specified person or persons does not
30    occur, no proceeding for termination of parental rights shall
31    be brought unless the  biological  parent  who  executed  the
32    consent to adoption by a specified person or persons has been
33    notified  of the proceeding pursuant to Section 7 of this Act
34    or subsection (4) of Section 2-13 of the Juvenile  Court  Act
 
SB745 Engrossed             -1643-             LRB9101253EGfg
 1    of 1987.  The parent shall not need to take further action to
 2    revoke  the consent if the specified adoption does not occur,
 3    notwithstanding the provisions of Section 11 of this Act.
 4        (6)  The Department of Children and  Family  Services  is
 5    authorized  to  promulgate  rules necessary to implement this
 6    subsection O.
 7        (7)  The  Department  shall  collect  and  maintain  data
 8    concerning the efficacy  of  specific  consents.   This  data
 9    shall  include  the  number of specific consents executed and
10    their outcomes, including but not limited to  the  number  of
11    children  adopted  pursuant  to  the  consents, the number of
12    children for whom adoptions are not completed, and the reason
13    or reasons why the adoptions are not completed.
14    (Source: P.A. 89-704, eff. 8-16-97 (changed  from  1-1-98  by
15    P.A.  90-443);  90-608,  eff.  6-30-98; 90-655, eff. 7-30-98;
16    revised 10-20-98.)

17        (750 ILCS 50/11) (from Ch. 40, par. 1513)
18        Sec. 11.  Consents, surrenders, irrevocability.
19        (a)  A consent to  adoption  by  a  parent,  including  a
20    minor,  executed  and  acknowledged  in  accordance  with the
21    provisions of Section 8 of this Act,  or  a  surrender  of  a
22    child  by  a  parent, including a minor, to an agency for the
23    purpose of adoption shall be irrevocable unless it shall have
24    been obtained by fraud or duress on the part  of  the  person
25    before  whom  such  consent,  surrender,  or  other  document
26    equivalent  to  a  surrender  is acknowledged pursuant to the
27    provisions of Section 10 of this Act or on the  part  of  the
28    adopting  parents  or  their  agents and a court of competent
29    jurisdiction shall so find.  No action to void  or  revoke  a
30    consent  to  or  surrender  for adoption, including an action
31    based on fraud or duress, may be commenced  after  12  months
32    from  the  date  the  consent or surrender was executed.  The
33    consent or surrender of a parent who is a minor shall not  be
 
SB745 Engrossed             -1644-             LRB9101253EGfg
 1    voidable because of such minority.
 2        (b)  The   petitioners  in  an  adoption  proceeding  are
 3    entitled to rely upon a sworn  statement  of  the  biological
 4    mother  of  the child to be adopted identifying the father of
 5    her child.  The affidavit shall be conclusive evidence as  to
 6    the biological mother regarding the facts stated therein, and
 7    shall  create  a  rebuttable  presumption  of truth as to the
 8    biological father only.  Except as provided in Section 11  of
 9    this  Act,  the  biological  mother  of  the  child  shall be
10    permanently barred from attacking the proceeding  thereafter.
11    The biological mother shall execute such affidavit in writing
12    and  under  oath.   The  affidavit  shall  be executed by the
13    biological mother before or at the time of execution  of  the
14    consent  or surrender, and shall be retained by the court and
15    be a part of the Court's files.  The form of affidavit  shall
16    be substantially as follows:
17                     AFFIDAVIT OF IDENTIFICATION
18        I,  .................,  the  mother of a (male or female)
19    child, state under oath or affirm as follows:
20        (1)  That the child was born, or is expected to be  born,
21    on  (insert  date),  the  ...  day  of ..........., 199.., at
22    ......................., in the State of ...................
23        (2)  That I reside at .................., in the City  or
24    Village of ..........., State of ...................
25        (3)  That I am of the age of ....... years.
26        (4)  That  I  acknowledge  that  I  have  been  asked  to
27    identify the father of my child.
28        (5)  (CHECK ONE)
29        .... I know and am identifying the biological father.
30        .... I do not know the identity of the biological father.
31        .... I am unwilling to identify the biological father.
32        (6A)  If I know and am identifying the father:
33        That    the    name   of   the   biological   father   is
34    ....................;  his  last  known   home   address   is
 
SB745 Engrossed             -1645-             LRB9101253EGfg
 1    ............;    his    last    known    work    address   is
 2    ....................; and he is ..... years of age; or he  is
 3    deceased,  having  died  on  (insert  date) the ...... day of
 4    ............, 19...., at  ..............,  in  the  State  of
 5    ..................
 6        (6B)  If  I  do  not  know the identity of the biological
 7    father:
 8        I do not know who the biological father is; the following
 9    is an explanation of why I am unable to identify him:
10    .............................................................
11    .............................................................
12    .............................................................
13        (6C)  If  I  am  unwilling  to  identify  the  biological
14    father:
15        I do not wish to name the biological father of the  child
16    for the following reasons:
17    .............................................................
18    .............................................................
19    .............................................................
20        (7)  The  physical  description  of the biological father
21    is: .........................................................
22    .............................................................
23    .............................................................
24        (8)  I  reaffirm  that  the  information   contained   in
25    paragraphs 5, 6, and 7, inclusive, is true and correct.
26        (9)  I  have  been  informed  and understand that if I am
27    unwilling, refuse to identify, or misidentify the  biological
28    father of the child, absent fraud or duress, I am permanently
29    barred from attacking the proceedings for the adoption of the
30    child  at  any  time  after  I  sign  a final and irrevocable
31    consent to adoption or surrender for purposes of adoption.
32        (10)  I  have  read  this  Affidavit  and  have  had  the
33    opportunity to review and question it; it was explained to me
34    by ............................; and I am signing  it  as  my
 
SB745 Engrossed             -1646-             LRB9101253EGfg
 1    free  and  voluntary  act and understand the contents and the
 2    results of signing it.
 3        Dated (insert date). this... day of  ...................,
 4    199...
 5                              ...................................
 6                              Signature
 7        Under penalties as provided by law under Section 1-109 of
 8    the  Code  of Civil Procedure, the undersigned certifies that
 9    the statements set forth  in  this  Affidavit  are  true  and
10    correct.
11                              ...................................
12                              Signature
13    (Source:  P.A.  88-550,  eff.  7-3-94;  89-315,  eff. 1-1-96;
14    revised 10-20-98.)

15        (750 ILCS 50/12a) (from Ch. 40, par. 1515)
16        Sec. 12a.  Notice to putative father.
17        1.  Upon the written request to any Clerk of any  Circuit
18    Court, and upon the payment of a filing fee of $10.00, by any
19    interested  party,  including  persons  intending  to adopt a
20    child, a child welfare agency with whom the mother has placed
21    or has given written notice of her intention to place a child
22    for  adoption,  the  mother  of  a  child,  or  any  attorney
23    representing an interested party, a notice,  the  declaration
24    of paternity and the disclaimer of paternity may be served on
25    a  putative father in the same manner as Summons is served in
26    other civil proceedings, or, in  lieu  of  personal  service,
27    service may be made as follows:
28             (a)  The  person  requesting notice shall pay to the
29        Clerk of the Court a mailing fee of $2 plus the  cost  of
30        U.  S.  postage  for  certified  or  registered  mail and
31        furnish to the Clerk  an  original  and  one  copy  of  a
32        notice,  the  declaration of paternity and the disclaimer
33        of paternity together with an Affidavit setting forth the
 
SB745 Engrossed             -1647-             LRB9101253EGfg
 1        putative  father's  last  known  address.  The   original
 2        notice,  the  declaration of paternity and the disclaimer
 3        of paternity shall be retained by the Clerk.
 4             (b)  The Clerk shall forthwith mail to the  putative
 5        father,  at  the  address appearing in the Affidavit, the
 6        copy of the notice, the declaration of paternity and  the
 7        disclaimer   of  paternity,  by  certified  mail,  return
 8        receipt requested; the envelope and return receipt  shall
 9        bear  the  return  address  of the Clerk. The receipt for
10        certified mail shall state the name and  address  of  the
11        addressee, and the date of mailing, and shall be attached
12        to the original notice.
13             (c)  The return receipt, when returned to the Clerk,
14        shall be attached to the original notice, the declaration
15        of  paternity  and the disclaimer of paternity, and shall
16        constitute proof of service.
17             (d)  The Clerk shall note the fact of service  in  a
18        permanent record.
19        2.  The  notice  shall be signed by the Clerk, and may be
20    served on the putative father at any time  after  conception,
21    and shall read as follows:
22        "IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
23        You have been identified as the father of a child born on
24    the  .....  day of ....., 19.., (or expected to be born on or
25    about (insert date). the ..... day of ....., 19...)
26        The mother of the child is.....
27        The mother has indicated that she intends  to  place  the
28    child for adoption.
29        As  the  alleged  father  of  the child, you have certain
30    legal rights with respect to the child, including  the  right
31    to  notice  of  the  filing of proceedings instituted for the
32    adoption of the child. If you wish to retain your rights with
33    respect to the child, you must file with the  Clerk  of  this
34    Circuit  Court  of  ....  County,  Illinois, whose address is
 
SB745 Engrossed             -1648-             LRB9101253EGfg
 1    ...., Illinois, within 30 days after the date of  receipt  of
 2    this  notice,  the declaration of paternity enclosed herewith
 3    stating that you are, in fact, the father of  the  child  and
 4    that  you  intend to retain your legal rights with respect to
 5    the  child,  or  request  to  be  notified  of  any   further
 6    proceedings with respect to custody or adoption of the child.
 7        If  you do not file such a declaration of paternity, or a
 8    request for notice, then whatever legal rights you have  with
 9    respect  to  the  child, including the right to notice of any
10    future proceedings for the adoption  of  the  child,  may  be
11    terminated without any further notice to you. When your legal
12    rights  with respect to the child are so terminated, you will
13    not be entitled to notice of any  proceeding  instituted  for
14    the adoption of the child.
15        If you are not the father of the child, you may file with
16    the  Clerk of this Court the disclaimer of paternity enclosed
17    herewith which will be noted in the Clerk's file and you will
18    receive no further notice with respect to the child."
19        The declaration of paternity shall  be  substantially  as
20    follows:
21                    "IN THE CIRCUIT COURT OF THE
22                .......... JUDICIAL CIRCUIT, ILLINOIS
23                          .......... County
24                  )
25                  )
26                  )  No.              )
27                  )
28          DECLARATION OF PATERNITY WITH ENTRY OF APPEARANCE
29    I, ........., state as follows:
30        (1)  That  I  am  ......... years of age; and I reside at
31    ......... in the County of ........., State of .........
32        (2)  That I have been advised that ........ is the mother
33    of a ...male child named ........ born or expected to be born
34    on or about ......... and that such mother has stated that  I
 
SB745 Engrossed             -1649-             LRB9101253EGfg
 1    am the father of this child.
 2        (3)  I declare that I am the father of this child.
 3        (4)  I understand that the mother of this child wishes to
 4    consent  to  the adoption of this child.  I do not consent to
 5    the adoption of this child, and  I  understand  that  I  must
 6    return  this  initial  declaration  of  parentage form to the
 7    Clerk of the Circuit Court  of  .......  County,  located  at
 8    ........., within 30 days of receipt of this notice.
 9        (5)  I  further  understand  that  I am also obligated to
10    establish my paternity pursuant to the Parentage Act of  1984
11    within  30  days of my receiving this notice or, if the child
12    is not yet born, within 30 days after the birth of the child.
13    This proceeding is  separate  and  distinct  from  the  above
14    mailing  of  initial declaration of paternity; in this second
15    notice, I must state that I am, in fact, the father  of  said
16    child,  and  that  I  intend  to  retain my legal rights with
17    respect to said child, and request  to  be  notified  of  any
18    further  proceedings  with  respect to custody or adoption of
19    the child.
20        (6)  I hereby enter my appearance in the  above  entitled
21    cause.
22                                OATH
23        I  have  been duly sworn and I say under oath that I have
24    read and understand this Declaration of Paternity With  Entry
25    of  Appearance.   The  facts  that  it  contains are true and
26    correct to the best of my knowledge, and I understand that by
27    signing this document I admit my paternity.   I  have  signed
28    this document as my free and voluntary act.
29                                                      ...........
30                                                      (signature)
31    Dated (insert date). this ........ day of ......, 19....
32    Signed and sworn before me on (insert date).
33    this ...... day of....., 19.....
34                                                 ................
 
SB745 Engrossed             -1650-             LRB9101253EGfg
 1                                                (notary public)".

 2        The  disclaimer  of  paternity  shall be substantially as
 3    follows:
 4                    "IN THE CIRCUIT COURT OF THE
 5                .......... JUDICIAL CIRCUIT, ILLINOIS
 6                          .......... County
 7                  )
 8                  )
 9                  )  No.              )
10                  )
11            DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
12                       AND CONSENT TO ADOPTION
13    I, .........., state as follows:
14        (1)  That I am .....  years  of  age;  and  I  reside  at
15    .......... in the County of .........., State of ...........
16        (2)  That  I  have  been  advised  that .......... is the
17    mother of a .....male child named ..... born or  expected  to
18    be  born  on  or  about ..... and that such mother has stated
19    that I am the father of this child.
20        (3)  I deny that I am the father of this child.
21        (4)  I further understand that the mother of  this  child
22    wishes  to  consent  to  the adoption of the child.  I hereby
23    consent to the adoption of this child, and waive any  rights,
24    remedies and defenses that I may now or in the future have as
25    a  result of the mother's allegation of the paternity of this
26    child.  This consent is being given in  order  to  facilitate
27    the adoption of the child and so that the court may terminate
28    what  rights  I  may  have  to the child as a result of being
29    named the father by the mother.  This consent is not  in  any
30    manner an admission of paternity.
31        (5)  I  hereby  enter my appearance in the above entitled
32    cause and waive service of summons and other pleading.
33                                OATH
34        I have been duly sworn and I say under oath that  I  have
 
SB745 Engrossed             -1651-             LRB9101253EGfg
 1    read  and  understood  this Denial of Paternity With Entry of
 2    Appearance and Consent to Adoption. The facts it contains are
 3    true  and  correct  to  the  best  of  my  knowledge,  and  I
 4    understand that by signing this document I have not  admitted
 5    paternity.    I  have  signed  this  document  as my free and
 6    voluntary act in order to  facilitate  the  adoption  of  the
 7    child.
 8                                                      ...........
 9                                                      (signature)
10    Dated (insert date). this ..... day of ....., 19...
11    Signed and sworn before me on (insert date).
12    this ..... day of ....., 19...
13                                                .................
14                                                (notary public)".

15        The  names  of  adoptive parents shall not be included in
16    the notice.
17        3.  If  the  putative  father  files  a   disclaimer   of
18    paternity,  he  shall  be  deemed not to be the father of the
19    child with respect to any adoption or other  proceeding  held
20    to terminate the rights of parents as respects such child.
21        4.  In  the  event  the  putative  father does not file a
22    declaration of paternity of the child or request  for  notice
23    within 30 days of service of the above notice, he need not be
24    made a party to or given notice of any proceeding brought for
25    the  adoption  of  the  child.  An  Order  or judgment may be
26    entered in such proceeding terminating all of his rights with
27    respect to the child without further notice to him.
28        5.  If  the  putative  father  files  a  declaration   of
29    paternity   or  a  request  for  notice  in  accordance  with
30    subsection 2, with respect to the child, he  shall  be  given
31    notice in event any proceeding is brought for the adoption of
32    the child.
33        6.  The  Clerk shall maintain separate numbered files and
34    records of requests and  proofs  of  service  and  all  other
 
SB745 Engrossed             -1652-             LRB9101253EGfg
 1    documents  filed  pursuant  to this article. All such records
 2    shall be impounded.
 3    (Source: P.A.  88-550,  eff.  7-3-94;  89-315,  eff.  1-1-96;
 4    revised 10-20-98.)

 5        (750 ILCS 50/17) (from Ch. 40, par. 1521)
 6        Sec.  17.  Effect of order terminating parental rights or
 7    Judgment of Adoption.)  After either the entry either  of  an
 8    order  terminating parental rights or the entry of a judgment
 9    of adoption, the natural parents of  a  child  sought  to  be
10    adopted  shall be relieved of all parental responsibility for
11    such child and shall be  deprived  of  all  legal  rights  as
12    respects  the  child,  and  the  child shall be free from all
13    obligations of maintenance and  obedience  as  respects  such
14    natural parents.
15    (Source: P.A. 84-452; revised 10-31-98.)

16        (750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
17        Sec. 18.2. Forms.
18        (a)  The  form  of  the  Biological  Parent  Registration
19    Identification Form shall be substantially as follows:
20                  BIOLOGICAL PARENT IDENTIFICATION
21                   (Insert all known information)
22    I,  .....,  state  that I am the ...... (mother or father) of
23    the following child:
24        Child's original name: ..... (first) ..... (middle) .....
25             (last),  .....  (hour  of  birth),  .....  (date  of
26             birth), ..... (city and state of birth), ..... (name
27             of hospital).
28        Father's full name: ...... (first) ...... (middle)  .....
29             (last), ..... (date of birth), ..... (city and state
30             of birth).
31        Name  of  mother  inserted  on  birth  certificate: .....
32             (first) ..... (middle) ..... (last),  .....  (race),

 
SB745 Engrossed             -1653-             LRB9101253EGfg
 1             .....  (date  of  birth),  ...... (city and state of
 2             birth).
 3    That I  surrendered  my  child  to:  .............  (name  of
 4        agency),   .....   (city  and  state  of  agency),  .....
 5        (approximate date child surrendered).
 6    That I gave up my child by private  adoption:  .....  (date),
 7        ...... (city and state).
 8    Name of adoptive parents, if known: ......
 9    Other identifying information: .....
10                                         ........................
11                                            (Signature of parent)
12    ............                         ........................
13    (date)                               (printed name of parent)

14        (b)  The  form  of  Adoptee  Registration  Identification
15    shall be substantially as follows:
16                 ADOPTEE REGISTRATION IDENTIFICATION
17                   (Insert all known information)
18    I, ....., state the following:
19        Adoptee's  present  name:  .....  (first)  ..... (middle)
20             ..... (last).
21        Adoptee's name at birth (if known): .....  (first)  .....
22             (middle)  .....  (last),  .....  (birth date), .....
23             (city and  state  of  birth),  ......  (sex),  .....
24             (race).
25        Name  of  adoptive  father:  ..... (first) ..... (middle)
26             ..... (last), ..... (race).
27        Maiden name  of  adoptive  mother:  .....  (first)  .....
28             (middle) ..... (last), ..... (race).
29        Name of biological mother (if known): ..... (first) .....
30             (middle) ..... (last), ..... (race).
31        Name of biological father (if known): ..... (first) .....
32             (middle) ..... (last), ..... (race).
33        Name(s) at birth of sibling(s) having a common biological
34             parent  with adoptee (if known): ..... (first) .....
 
SB745 Engrossed             -1654-             LRB9101253EGfg
 1             (middle) ..... (last), .....  (race),  and  name  of
 2             common   biological   parent:  .....  (first)  .....
 3             (middle) ..... (last), ..... (race).
 4    I was adopted through: ..... (name of agency).
 5    I was adopted privately: ..... (state "yes" if known).
 6    I was adopted in ..... (city and state),  .....  (approximate
 7        date).
 8    Other identifying information: .............
 9                                           ......................
10                                           (signature of adoptee)
11    ...........                         .........................
12    (date)                              (printed name of adoptee)

13        (c)  The   form   of   Surrendered   Child   Registration
14    Identification shall be substantially as follows:
15            SURRENDERED CHILD REGISTRATION IDENTIFICATION
16                   (Insert all known information)
17    I, ....., state the following:
18        Surrendered  Child's  present  name:  ..... (first) .....
19             (middle) ..... (last).
20        Surrendered Child's  name  at  birth  (if  known):  .....
21             (first)  .....  (middle)  .....  (last), .....(birth
22             date), .....  (city  and  state  of  birth),  ......
23             (sex), ..... (race).
24        Name  of  guardian  father:  ..... (first) ..... (middle)
25             ..... (last), ..... (race).
26        Maiden name  of  guardian  mother:  .....  (first)  .....
27             (middle) ..... (last), ..... (race).
28        Name of biological mother (if known): ..... (first) .....
29             (middle) ..... (last) ..... (race).
30        Name of biological father (if known): ..... (first) .....
31             (middle) ..... (last), .....(race).
32        Name(s) at birth of sibling(s) having a common biological
33             parent  with adoptee (if known): ..... (first) .....
34             (middle) ..... (last), .....  (race),  and  name  of
 
SB745 Engrossed             -1655-             LRB9101253EGfg
 1             common   biological   parent:  .....  (first)  .....
 2             (middle) ..... (last), ..... (race).
 3    I was surrendered for adoption to: ..... (name of agency).
 4    I was surrendered for adoption in  .....  (city  and  state),
 5        ..... (approximate date).
 6    Other identifying information: ............
 7                                 ................................
 8                                 (signature of surrendered child)
 9    ............                           ......................
10    (date)                                 (printed name of child
11                                        surrendered for adoption)

12        (d)  The form of Information Exchange Authorization shall
13    be substantially as follows:
14                 INFORMATION EXCHANGE AUTHORIZATION
15        I,  .....,  state  that I am the person who completed the
16    Registration Identification; that I am of the  age  of  .....
17    years;  that  I  hereby  authorize  the  Department of Public
18    Health to give to my (biological parent) (biological sibling)
19    (child) the necessary information so I can be contacted; that
20    I am fully aware that I can only be supplied  with  the  name
21    and  last known address of my (biological parent) (biological
22    sibling)  (child)  if  such  person  has  duly  executed   an
23    Information   Exchange   Authorization  which  has  not  been
24    revoked; that I can be contacted by writing  to:  .....  (own
25    name  or name of person to contact) (address) (phone number).
26    Dated (insert date). this ..... day of ....., 19...
27    ............                                   ..............
28    (witness)                                         (signature)

29        (e)  The form of Denial of Information Exchange shall  be
30    substantially as follows:
31                   DENIAL OF INFORMATION EXCHANGE
32        I,  .....,  state  that I am the person who completed the
33    Registration Identification; that I am of the  age  of  .....
 
SB745 Engrossed             -1656-             LRB9101253EGfg
 1    years; that I hereby instruct the Department of Public Health
 2    not  to  give  any  identifying  information  about  me to my
 3    (biological parent) (biological sibling) (child); that  I  do
 4    not wish to be contacted.
 5        Dated (insert date). this .... day of ......, 19...
 6    .............                                 ...............
 7    (witness)                                         (signature)

 8        (f)  The   Information  Exchange  Authorization  and  the
 9    Denial of Information Exchange shall be acknowledged  by  the
10    biological parent, biological sibling, adoptee or surrendered
11    child  before  a  notary  public,  in  form  substantially as
12    follows:
13    State of ..............
14    County of .............
15        I, a Notary Public, in and for the said  County,  in  the
16    State  aforesaid,  do  hereby  certify  that  ...............
17    personally  known  to  me to be the same person whose name is
18    subscribed to the foregoing certificate  of  acknowledgement,
19    appeared  before  me  in  person and acknowledged that (he or
20    she) signed  such  certificate  as  (his  or  her)  free  and
21    voluntary act and that the statements in such certificate are
22    true.
23        Given  under  my hand and notarial seal on (insert date).
24    this ....... day of .........., 19...
25                                        .........................
26                                                 (signature)

27        (g)  When  the  execution  of  an  Information   Exchange
28    Authorization   or   a  Denial  of  Information  Exchange  is
29    acknowledged before  a  representative  of  an  agency,  such
30    representative  shall  have his signature on said Certificate
31    acknowledged before a notary public, in form substantially as
32    follows:
33    State of..........
 
SB745 Engrossed             -1657-             LRB9101253EGfg
 1    County of.........
 2        I, a Notary Public, in and for the said  County,  in  the
 3    State  aforesaid,  do  hereby  certify  that ..... personally
 4    known to me to be the same person whose name is subscribed to
 5    the foregoing certificate of acknowledgement, appeared before
 6    me in person and acknowledged that (he or  she)  signed  such
 7    certificate  as  (his or her) free and voluntary act and that
 8    the statements in such certificate are true.
 9        Given under my hand and notarial seal on  (insert  date).
10    this ..... day of ........., 19...
11                                          .......................
12                                                   (signature)

13        (h)  Where  an  Information  Exchange  Authorization or a
14    Denial  of  Information  Exchange  is  signed  in  a  foreign
15    country, the execution of such document shall be acknowledged
16    or affirmed in a manner conformable to the law and  procedure
17    of such country.
18        (i)  If   the  person  signing  an  Information  Exchange
19    Authorization or a Denial of Information is in  the  military
20    service  of the United States, the execution of such document
21    may be acknowledged before a  commissioned  officer  and  the
22    signature  of  such  officer  on  such  certificate  shall be
23    verified or acknowledged before a notary public  or  by  such
24    other  procedure  as  is  then in effect for such division or
25    branch of the armed forces.
26    (Source: P.A. 87-413; 87-895; 88-45; revised 10-20-98.)

27        (750 ILCS 50/18.3a) (from Ch. 40, par. 1522.3a)
28        Sec. 18.3a.  Confidential intermediary.
29        (a)  General   purposes.    Notwithstanding   any   other
30    provision of this Act, any adoptee over the age of 18 or  any
31    adoptive parent or legal guardian of an adoptee under the age
32    of   18   may   petition  the  court  for  appointment  of  a
33    confidential intermediary as provided in this Section for the
 
SB745 Engrossed             -1658-             LRB9101253EGfg
 1    purpose of obtaining from one or both biological parents or a
 2    sibling or siblings of the adoptee information concerning the
 3    background of a psychological  or  genetically-based  medical
 4    problem   experienced   or   which  may  be  expected  to  be
 5    experienced  in  the  future  by  the  adoptee  or  obtaining
 6    assistance in treating such a problem.
 7        (b)  Petition.  The court shall  appoint  a  confidential
 8    intermediary  for the purposes described in subsection (f) if
 9    the petitioner shows the following:
10             (1)  the adoptee is suffering or may be expected  to
11        suffer   in   the   future  from  a  life-threatening  or
12        substantially  incapacitating  physical  illness  of  any
13        nature,  or  a   psychological   disturbance   which   is
14        substantially incapacitating but not life-threatening, or
15        a  mental  illness  which,  in the opinion of a physician
16        licensed to practice medicine in all its branches, is  or
17        could be genetically based to a significant degree;
18             (2)  the treatment of the adoptee, in the opinion of
19        a  physician  licensed to practice medicine in all of its
20        branches, would be  materially  assisted  by  information
21        obtainable  from  the biological parents or might benefit
22        from the provision of organs  or  other  bodily  tissues,
23        materials,  or  fluids by the biological parents or other
24        close biological relatives; and
25             (3)  there  is  neither  an   Information   Exchange
26        Authorization  nor a Denial of Information Exchange filed
27        in the Registry as provided in Section 18.1.
28        The affidavit or  testimony  of  the  treating  physician
29    shall  be  conclusive  on the issue of the utility of contact
30    with the biological parents unless the court finds  that  the
31    relationship  between  the  illness  to  be  treated  and the
32    alleged need for contact is totally without foundation.
33        (c)  Fees and expenses.  The court  shall  condition  the
34    appointment  of  the confidential intermediary on the payment
 
SB745 Engrossed             -1659-             LRB9101253EGfg
 1    of the intermediary's fees and expenses  in  advance,  unless
 2    the  intermediary waives the right to full advance payment or
 3    to any reimbursement at all.
 4        (d)  Eligibility of intermediary.  The court may  appoint
 5    as  confidential  intermediary  either  an  employee  of  the
 6    Illinois   Department   of   Children   and  Family  Services
 7    designated by the Department to  serve  as  such,  any  other
 8    person certified by the Department as qualified to serve as a
 9    confidential  intermediary,  or  any  employee  of a licensed
10    child welfare agency certified by the agency as qualified  to
11    serve as a confidential intermediary.
12        (e)  Access.  Notwithstanding any other provision of law,
13    the  confidential  intermediary  shall  have  access  to  all
14    records  of the court or any agency, public or private, which
15    relate to the adoption or the identity and  location  of  any
16    biological parent.
17        (f)  Purposes  of contact.  The confidential intermediary
18    has only the following powers and duties:
19             (1)  To contact  one  or  both  biological  parents,
20        inform the parent or parents of the basic medical problem
21        of  the  adoptee  and  the  nature  of the information or
22        assistance sought from the biological parent, and  inform
23        the parent or parents of the following options:
24                  (A)  The  biological  parent may totally reject
25             the request for assistance or information, or  both,
26             and  no  disclosure of identity or location shall be
27             made to the petitioner.
28                  (B)  The  biological   parent   may   file   an
29             Information  Exchange  Authorization  as provided in
30             Section 18.1. The  confidential  intermediary  shall
31             explain to the biological parent the consequences of
32             such   a   filing,  including  that  the  biological
33             parent's identity will be available for discovery by
34             the adoptee. If the biological parent agrees to this
 
SB745 Engrossed             -1660-             LRB9101253EGfg
 1             option, the confidential intermediary  shall  supply
 2             the  parent  with  the  appropriate  forms, shall be
 3             responsible for  their  immediate  filing  with  the
 4             Registry,  and  shall inform the petitioner of their
 5             filing.
 6                  (C)  If the biological parent wishes to provide
 7             the information or assistance sought  but  does  not
 8             wish his or her identity disclosed, the confidential
 9             intermediary shall arrange for the disclosure of the
10             information  or  the  provision  of assistance in as
11             confidential a manner as possible so as  to  protect
12             the  privacy  of  the biological parent and minimize
13             the  likelihood  of  disclosure  of  the  biological
14             parent's identity.
15             (2)  If a biological parent so desires,  to  arrange
16        for   a  confidential  communication  with  the  treating
17        physician  to  discuss  the  need   for   the   requested
18        information or assistance.
19             (3)  If  a  biological  parent agrees to provide the
20        information or assistance sought but wishes  to  maintain
21        his  or  her privacy, to arrange for the provision of the
22        information  or  assistance  to  the  physician   in   as
23        confidential  a  manner  as possible so as to protect the
24        privacy  of  the  biological  parent  and  minimize   the
25        likelihood  of  disclosure  of  the  biological  parent's
26        identity.
27        (g)  Oath.   The  confidential intermediary shall sign an
28    oath of confidentiality substantially as follows:
29             "I, .........., being duly sworn, on oath depose and
30        say:  As a condition of  appointment  as  a  confidential
31        intermediary, I affirm that:
32             (1)  I will not disclose to the petitioner, directly
33        or  indirectly,  any  information  about  the identity or
34        location of the biological  parent  whose  assistance  is
 
SB745 Engrossed             -1661-             LRB9101253EGfg
 1        being  sought  for  medical  reasons  except  in a manner
 2        consistent with the law.
 3             (2)  I  recognize  that  violation  of   this   oath
 4        subjects  me  to  civil  liability  and to being found in
 5        contempt of court.
 6                                 ................................

 7             SUBSCRIBED AND SWORN to before me, a Notary Public,
 8        on (insert date). this ..... day of .........., 19...
 9                                ................................"
10        (h)  Sanctions.
11             (1)  Any confidential  intermediary  who  improperly
12        discloses  information  identifying  a  biological parent
13        shall be liable to the biological parent for damages  and
14        may also be found in contempt of court.
15             (2)  Any  physician  or  other  person  who learns a
16        biological parent's  identity,  directly  or  indirectly,
17        through  the  use  of procedures provided in this Section
18        and who improperly discloses information identifying  the
19        biological  parent  shall  be  liable  to  the biological
20        parent for actual damages plus minimum  punitive  damages
21        of $10,000.
22        (i)  Death  of  biological  parent.  Notwithstanding  any
23    other provision of this Act, if the confidential intermediary
24    discovers  that  the  person  whose  assistance is sought has
25    died, he or she shall report this fact to  the  court,  along
26    with a copy of the death certificate if possible.
27    (Source: P.A. 86-1451; revised 10-20-98.)

28        Section  263.  The Illinois Domestic Violence Act of 1986
29    is amended by changing the heading of Article IV as follows:

30        (750 ILCS 60/Art. IV heading)
31                             ARTICLE IV
32                        HEALTH CARE PROVIDERS
 
SB745 Engrossed             -1662-             LRB9101253EGfg
 1        Section 264.  The Probate  Act  of  1975  is  amended  by
 2    changing  Section  11a-3,  11a-22, 16-3, 21-2.11, and 23-2 as
 3    follows:

 4        (755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3)
 5        Sec. 11a-3.  Adjudication of disability; Power to appoint
 6    guardian.)
 7        (a) Upon the filing of a petition by a  reputable  person
 8    or  by  the  alleged  disabled  person  himself or on its own
 9    motion, the court may adjudge  a  person  to  be  a  disabled
10    person  and  may  appoint  (1)  a  guardian of his person, if
11    because of his disability he lacks  sufficient  understanding
12    or  capacity  to  make  or  communicate responsible decisions
13    concerning the care of his person, or (2) a guardian  of  his
14    estate,,  if because of his disability he is unable to manage
15    his estate or financial affairs, or (3)  a  guardian  of  his
16    person and of his estate.
17        (b)  Guardianship  shall be utilized only as is necessary
18    to promote the well-being of the disabled person, to  protect
19    him  from  neglect,  exploitation, or abuse, and to encourage
20    development of his maximum  self-reliance  and  independence.
21    Guardianship shall be ordered only to the extent necessitated
22    by  the  individual's  actual  mental,  physical and adaptive
23    limitations.
24    (Source: P.A. 81-795; revised 10-31-98.)

25        (755 ILCS 5/11a-22) (from Ch. 110 1/2, par. 11a-22)
26        Sec. 11a-22. Trade and contracts with a disabled person.)
27    
28        (a)  Anyone who by trading with, bartering, gaming or any
29    other device, wrongfully possesses himself of any property of
30    a person known to be a disabled  person  commits  a  Class  A
31    misdemeanor.
32        (b)  Every  note,  bill,  bond  or  other contract by any
 
SB745 Engrossed             -1663-             LRB9101253EGfg
 1    person for whom a plenary guardian has been appointed or  who
 2    is  adjudged  to  be unable to so contract is void as against
 3    that person and his estate, but a person  making  a  contract
 4    with the person so adjudged is bound thereby.
 5    (Source: P.A. 81-795; revised 10-31-98.)

 6        (755 ILCS 5/16-3) (from Ch. 110 1/2, par. 16-3)
 7        Sec.  16-3.   Trial by jury.)  Upon the demand of a party
 8    to a proceeding under Section  16-1  or  16-2,  questions  of
 9    title,  claims  of  adverse  title  and the right of property
10    shall be determined by a jury.
11    (Source: P.A.  80-808; revised 10-31-98.)

12        (755 ILCS 5/21-2.11) (from Ch. 110 1/2, par. 21-2.11)
13        Sec. 21-2.11.   Life,  endowment,  or  annuity  policies.
14    Life, endowment, or annuity policies on the life of the ward,
15    or  on  the  life of any person in whose life the ward has an
16    insurable interest, if the ward is the beneficiary, when  the
17    policies  are  issued by companies, associations or fraternal
18    organizations that, at the  time  of  investment,  have  been
19    given  one  of  the  top  4  rating  grades  by  a nationally
20    recognized rating  service.   The  order  may  authorize  the
21    payment of annual premiums without further application to the
22    court.
23    (Source: P.A. 90-796, eff. 12-15-98; revised 12-30-98.)

24        (755 ILCS 5/23-2) (from Ch. 110 1/2, par. 23-2)
25        Sec. 23-2.  Removal.
26        (a)  On  petition  of  any  interested  person  or on the
27    court's own motion, the court may remove a representative for
28    any of the following causes. if the representative:
29             (1)  the  representative  is  acting  under  letters
30        secured by false pretenses;
31             (2)  the representative is adjudged a person subject
 
SB745 Engrossed             -1664-             LRB9101253EGfg
 1        to involuntary admission  under  the  Mental  Health  and
 2        Developmental Disabilities Code or is adjudged a disabled
 3        person;
 4             (3)  the representative is convicted of a felony;
 5             (4)  the  representative  wastes  or  mismanages the
 6        estate;
 7             (5)  the representative conducts himself or  herself
 8        in  such a manner as to endanger any co-representative or
 9        the surety on the representative's bond;
10             (6)  the representative  fails  to  give  sufficient
11        bond  or  security, counter security or a new bond, after
12        being ordered by the court to do so;
13             (7)  the representative fails to file  an  inventory
14        or accounting after being ordered by the court to do so;
15             (8)  the  representative conceals himself or herself
16        so that process cannot be served upon the  representative
17        or notice cannot be given to the representative;
18             (9)  the  representative  becomes  incapable  of  or
19        unsuitable  for  the  discharge  of  the representative's
20        duties; or
21             (10)  there is other good cause.
22        (b)  If the representative becomes a nonresident  of  the
23    United  States,  the  court  may remove the representative as
24    such representative.
25    (Source: P.A. 90-430, eff.  8-16-97;  90-472,  eff.  8-17-97;
26    revised 10-31-98.)

27        Section  265.   The Trusts and Trustees Act is amended by
28    changing Section 3 as follows:

29        (760 ILCS 5/3) (from Ch. 17, par. 1653)
30        Sec. 3.  Applicability.
31        (1)  A person establishing a trust  may  specify  in  the
32    instrument   the  rights,  powers,  duties,  limitations  and
 
SB745 Engrossed             -1665-             LRB9101253EGfg
 1    immunities applicable to the trustee, beneficiary and  others
 2    and  those  provisions  where  not  otherwise contrary to law
 3    shall control, notwithstanding this Act.  The  provisions  of
 4    this  Act  apply to the trust to the extent that they are not
 5    inconsistent with the provisions of the instrument.
 6        (2)  This Act applies to every  trust  created  by  will,
 7    deed, agreement, declaration or other instrument, except that
 8    the  provisions  of Sections 4.01 through 4.08, Sections 4.10
 9    through 4.12, and Sections 4.14 through 4.24  apply  only  to
10    trusts executed on or after October 1, 1973 and, with respect
11    to Section 17, to an order entered on or after that date, and
12    provided further that the provisions of this Act do not apply
13    to  any:  (a)  land  trust;  (b)  voting  trust; (c) security
14    instrument such as a trust deed or mortgage;, (d) liquidation
15    trust; (e) escrow; (f)  instrument  under  which  a  nominee,
16    custodian  for  property  or  paying  or  receiving  agent is
17    appointed; or (g) a trust created by a deposit arrangement in
18    a banking or savings institution, commonly known as a "Totten
19    trust"  unless  in  the  governing  instrument  any  of   the
20    provisions  of  this  Act  are  made  applicable  by specific
21    reference.
22        (3)  This Act does not apply to the Grain Indemnity Trust
23    Account or any other trust created under the Grain Code.
24    (Source: P.A.  88-367;  89-287,  eff.  1-1-96;  89-344,  eff.
25    1-1-96; 89-626, eff. 8-9-96; revised 10-31-98.)

26        Section  266.  The Conveyances Act is amended by changing
27    Sections 9, 10, 11, 20, and 26 as follows:

28        (765 ILCS 5/9) (from Ch. 30, par. 8)
29        Sec.  9.  Deeds  for  the  conveyance  of  land  may   be
30    substantially in the following form:
31        The  grantor  (here  insert  name  or  names and place of
32    residence),  for  and  in  consideration  of   (here   insert
 
SB745 Engrossed             -1666-             LRB9101253EGfg
 1    consideration),  conveys  and  warrants  to  (here insert the
 2    grantee's name or names) the following described real  estate
 3    (here insert description), situated in the County of ...., in
 4    the State of Illinois.
 5        Dated (insert date).   , 19...
 6                 (signature of grantor or grantors)

 7        The  names of the parties shall be typed or printed below
 8    the signatures. Such form shall have a blank space of  3  1/2
 9    inches by 3 1/2 inches for use by the recorder.  However, the
10    failure  to comply with the requirement that the names of the
11    parties be typed or printed below the signatures and that the
12    form have a blank space of 3 1/2 inches by 3 1/2  inches  for
13    use  by the recorder shall not affect the validity and effect
14    of such form.
15        Every deed in substance in the above form, when otherwise
16    duly executed, shall be deemed and held a conveyance  in  fee
17    simple,  to the grantee, his heirs or assigns, with covenants
18    on the part of the grantor, (1)  that  at  the  time  of  the
19    making  and  delivery of such deed he was the lawful owner of
20    an indefeasible estate in fee simple, in and to the  premises
21    therein  described,  and  had  good  right  and full power to
22    convey the same; (2) that the same were then  free  from  all
23    incumbrances;  and  (3)  that he warrants to the grantee, his
24    heirs and assigns, the quiet and peaceable possession of such
25    premises, and will  defend  the  title  thereto  against  all
26    persons who may lawfully claim the same. Such covenants shall
27    be  obligatory  upon  any  grantor,  his  heirs  and personal
28    representatives, as fully and with like effect as if  written
29    at length in such deed.
30    (Source: P.A. 84-550; revised 10-20-98.)

31        (765 ILCS 5/10) (from Ch. 30, par. 9)
32        Sec.  10.   Quitclaim  deeds may be, in substance, in the
33    following form:
 
SB745 Engrossed             -1667-             LRB9101253EGfg
 1        The grantor (here insert  grantor's  name  or  names  and
 2    place  of  residence),  for the consideration of (here insert
 3    consideration),  convey  and  quit  claim  to  (here   insert
 4    grantee's  name  or  names)  all  interest  in  the following
 5    described real estate (here insert description), situated  in
 6    the County of ...., in the State of Illinois.
 7        Dated (insert date).   , 19...
 8                 (signature of grantor or grantors)

 9        The  names of the parties shall be typed or printed below
10    the signatures.  Such form shall have a blank space of 3  1/2
11    inches by 3 1/2 inches for use by the recorder.  However, the
12    failure  to comply with the requirement that the names of the
13    parties be typed or printed below the signatures and that the
14    form have a blank space of 3 1/2 inches by 3 1/2  inches  for
15    use  by the recorder shall not affect the validity and effect
16    of such form.
17        Every deed in substance in the  form  described  in  this
18    Section,  when  otherwise  duly executed, shall be deemed and
19    held a good and sufficient conveyance, release and quit claim
20    to the grantee, his heirs and assigns, in fee of all the then
21    existing legal or equitable rights of  the  grantor,  in  the
22    premises  therein  described,  but  shall not extend to after
23    acquired  title  unless  words  are  added  expressing   such
24    intention.
25    (Source: P.A. 84-550; 84-551; revised 10-20-98.)

26        (765 ILCS 5/11) (from Ch. 30, par. 10)
27        Sec.  11.  Mortgages of lands may be substantially in the
28    following form:
29        The Mortgagor (here insert name or names), mortgages  and
30    warrants  to  (here  insert  name  or  names  of mortgagee or
31    mortgagees), to secure the payment of (here recite the nature
32    and amount of indebtedness, showing when due and the rate  of
33    interest,  and  whether  secured  by  note or otherwise), the
 
SB745 Engrossed             -1668-             LRB9101253EGfg
 1    following described  real  estate  (here  insert  description
 2    thereof),  situated  in  the  County of ...., in the State of
 3    Illinois.
 4        Dated (insert date).   , 19...
 5               (signature of mortgagor or mortgagors)

 6        The names of the parties shall be typed or printed  below
 7    the  signatures.  Such form shall have a blank space of 3 1/2
 8    inches by 3 1/2 inches for use by the recorder.  However, the
 9    failure to comply with the requirement that the names of  the
10    parties be typed or printed below the signatures and that the
11    form  have  a blank space of 3 1/2 inches by 3 1/2 inches for
12    use by the recorder shall not affect the validity and  effect
13    of such form.
14        Such mortgage, when otherwise properly executed, shall be
15    deemed  and  held  a  good  and sufficient mortgage in fee to
16    secure the payment of the moneys therein  specified;  and  if
17    the same contains the words "and warrants," the same shall be
18    construed  the  same  as if full covenants of ownership, good
19    right to convey against incumbrances of quiet  enjoyment  and
20    general  warranty, as expressed in Section 9 of this Act were
21    fully written therein; but if the words  "and  warrants"  are
22    omitted,  no  such  covenants  shall  be  implied.   When the
23    grantor  or  grantors  in  such  deed  or  mortgage  for  the
24    conveyance of any real estate desires  to  release  or  waive
25    his, her or their homestead rights therein, they or either of
26    them  may  release or waive the same by inserting in the form
27    of deed or  mortgage  (as  the  case  may  be),  provided  in
28    Sections  9,  10 and 11, after the words "State of Illinois,"
29    in substance  the  following  words,  "hereby  releasing  and
30    waiving  all  rights  under  and  by  virtue of the homestead
31    exemption laws of this State."
32        Mortgages securing  "reverse  mortgage"  loans  shall  be
33    subject  to this Section except where requirements concerning
34    the definiteness of  the  term  and  amount  of  indebtedness
 
SB745 Engrossed             -1669-             LRB9101253EGfg
 1    provisions  of a mortgage would be inconsistent with the Acts
 2    authorizing  "reverse   mortgage"   loans,   or   rules   and
 3    regulations promulgated under those Acts.
 4        Mortgages  securing  "revolving  credit"  loans  shall be
 5    subject to this Section.
 6    (Source: P.A. 84-550; revised 10-20-98.)

 7        (765 ILCS 5/20) (from Ch. 30, par. 19)
 8        Sec. 20.  Deeds, mortgages, conveyances, releases, powers
 9    of attorney or other writings of or  relating  to  the  sale,
10    conveyance  or  other  disposition  of  real  estate  or  any
11    interest  therein  whereby  the  rights  of any person may be
12    affected, may be acknowledged or proven before  some  one  of
13    the following courts or officers, namely:
14        1.  When acknowledged or proven within this State, before
15    a notary public, United States commissioner, county clerk, or
16    any  court or any judge, clerk or deputy clerk of such court.
17    When  taken  before  a  notary  public   or   United   States
18    commissioner,  the  same  shall  be  attested by his official
19    seal; when taken before a court or the clerk  thereof,  or  a
20    deputy  clerk thereof, the same shall be attested by the seal
21    of such court.
22        2.  When acknowledged or proved outside of this State and
23    within the  United  States  or  any  of  its  territories  or
24    dependencies or the District of Columbia, before a justice of
25    the  peace,  notary public, master in chancery, United States
26    commissioner, commissioner to take acknowledgments of  deeds,
27    mayor  of  city,  clerk  of  a  county,  or before any judge,
28    justice, clerk or deputy clerk of  the  supreme,  circuit  or
29    district  court  of  the  United States, or before any judge,
30    justice, clerk or deputy clerk, prothonotary,  surrogate,  or
31    registrar   of  the  supreme,  circuit,  superior,  district,
32    county, common pleas, probate, orphan's or surrogate's  court
33    of  any  of  the  states,  territories or dependencies of the
 
SB745 Engrossed             -1670-             LRB9101253EGfg
 1    United States.  In any dependency of the United  States  such
 2    acknowledgment  or proof may also be taken or made before any
 3    commissioned officer in the military service  of  the  United
 4    States.   When  such acknowledgment or proof is made before a
 5    notary public, United States commissioner or commissioner  of
 6    deeds,  it  shall  be certified under his seal of office.  If
 7    taken before a mayor of a city it shall  be  certified  under
 8    the  seal  of  the  city;  if  before  a clerk, deputy clerk,
 9    prothonotary, registrar or surrogate, then under the seal  of
10    his  court;  if  before a justice of the peace or a master in
11    chancery there shall be added a  certificate  of  the  proper
12    clerk  under  the  seal  of his office setting forth that the
13    person before whom such proof or acknowledgment was made  was
14    a  justice  of the peace or master in chancery at the time of
15    taking such acknowledgment or proof.   As  acknowledgment  or
16    proof  of  execution  of  any instrument above stated, may be
17    made in conformity with the laws  of  the  State,  territory,
18    dependency or district where it is made.  If any clerk of any
19    court  of  record within such state, territory, dependency or
20    district shall, under his signature  and  the  seal  of  such
21    court,  certify that such acknowledgment or proof was made in
22    conformity with the laws of such state, territory, dependency
23    or district, or it shall so appear by the laws of such state,
24    territory, dependency or district such instrument or  a  duly
25    proved or certified copy of the record of such deed, mortgage
26    or  other  instrument  relating  to real estate heretofore or
27    hereafter made and recorded  in  the  proper  county  may  be
28    admitted   in  evidence  as  in  other  cases  involving  the
29    admission of evidence of certified copies.
30        3.  When acknowledged or proven  outside  of  the  United
31    States  before  any  court  of any republic, dominion, state,
32    kingdom, empire, colony, territory, or  dependency  having  a
33    seal, or before any judge, justice or clerk thereof or before
34    any mayor or chief officer of any city or town having a seal,
 
SB745 Engrossed             -1671-             LRB9101253EGfg
 1    or  before  a  notary public or commissioner of deeds, or any
 2    ambassador, minister or secretary of legation  or  consul  of
 3    the  United  States or vice consul, deputy consul, commercial
 4    agent or consular agent of the United States in  any  foreign
 5    republic, dominion, state, kingdom, empire, colony, territory
 6    or  dependency  attested  by  his official seal or before any
 7    officer authorized by  the  laws  of  the  place  where  such
 8    acknowledgment  or  proof  is made to take acknowledgments of
 9    conveyances of real estate or to administer oaths in proof of
10    the  execution  of  conveyances   of   real   estate.    Such
11    acknowledgments  are  to be attested by the official seal, if
12    any,  of  such  court  or   officer,   and   in   case   such
13    acknowledgment  or  proof  is taken or made before a court or
14    officer having no official seal, a certificate shall be added
15    by an ambassador, minister, secretary  of  legation,  consul,
16    vice  consul,  deputy  consul,  commercial  agent or consular
17    agent  of  the  United  States  residing  in  such  republic,
18    dominion,  state,  kingdom,  empire,  colony,  territory,  or
19    dependency under his official seal, showing that  such  court
20    or  officer was duly elected, appointed or created and acting
21    at the time such acknowledgment or proof was made.
22        4.  Any person serving in or with the armed forces of the
23    United States, within or outside of the  United  States,  and
24    the   spouse  or  former  spouse  of  any  such  person,  may
25    acknowledge  the  instruments  wherever  located  before  any
26    commissioned officer in active service of the armed forces of
27    the United States with  the  rank  of  Second  Lieutenant  or
28    higher  in  the Army, Air Force or Marine Corps, or Ensign or
29    higher in  the  Navy  or  United  States  Coast  Guard.   The
30    instrument  shall  not  be rendered invalid by the failure to
31    state therein the place of execution or  acknowledgment.   No
32    authentication of the officer's certificate of acknowledgment
33    shall  be  required and such certificate need not be attested
34    by any seal but the officer taking the  acknowledgment  shall
 
SB745 Engrossed             -1672-             LRB9101253EGfg
 1    indorse thereon or attach thereto a certificate substantially
 2    in the following form:
 3        On  (insert  date),    ,  19..,  the undersigned officer,
 4    personally appeared before me, known to me (or satisfactorily
 5    proven) to be serving in or with  the  armed  forces  of  the
 6    United States (and/or the spouse or former spouse of a person
 7    so  serving) and to be the person whose name is subscribed to
 8    the instrument and acknowledged that ....  he  ....  executed
 9    the  same  as  ....  free  and voluntary act for the purposes
10    therein contained, and the undersigned further certifies that
11    he is at the date of this certificate a commissioned  officer
12    of  the rank stated below and is in the active service of the
13    armed forces of the United States.
14                                  ...............................
15                                  Signature of Officer
16                                  ...............................
17                                  Rank of Officer and Command to
18                                  which attached.
19        5.  All deeds or  other  instruments  or  copies  of  the
20    record  thereof  duly  certified  or  proven  which have been
21    acknowledged or proven  prior  to  August  30,  1963,  before
22    either of the courts or officers mentioned in this Act and in
23    the  manner  herein  provided, shall be deemed to be good and
24    effectual in law and the same may be introduced  in  evidence
25    without  further  proof  of  their  execution,  with the same
26    effect as if this amendatory Act of 1963 had been in force at
27    the date of such acknowledgment or proof.
28    (Source: P.A. 84-550; revised 10-20-98.)

29        (765 ILCS 5/26) (from Ch. 30, par. 25)
30        Sec. 26.  A certificate of acknowledgment,  substantially
31    in the following form, shall be sufficient:
32    State of (name of state),  )
33                               ) ss.
 
SB745 Engrossed             -1673-             LRB9101253EGfg
 1    County of (name of county).)
 2        I  (here  give  name  of  officer and his official title)
 3    certify that (name of grantor, and  if  acknowledged  by  the
 4    spouse,  his  or  her  name,  and  add  "his  or her spouse")
 5    personally known to me to be the same person  whose  name  is
 6    (or  are)  subscribed  to  the foregoing instrument, appeared
 7    before me this day in person, and acknowledged that  he  (she
 8    or  they)  signed and delivered the instrument as his (her or
 9    their) free and voluntary act,  for  the  uses  and  purposes
10    therein set forth.
11                                             Dated (insert date).
12                                                            19  .
13                                         (Signature of officer.).
14                                                         (Seal.).
15    (Source: P.A. 84-1308; revised 10-20-98.)

16        Section  267.  The Uniform Recognition of Acknowledgments
17    Act is amended by changing Sections 4 and 5 as follows:

18        (765 ILCS 30/4) (from Ch. 30, par. 224)
19        Sec. 4. Certificate of person taking acknowledgment.  The
20    person taking an acknowledgment shall certify that:
21             (1)  the person acknowledging  appeared  before  him
22        and acknowledged he executed the instrument; and
23             (2)  the  person  acknowledging  was  known  to  the
24        person  taking the acknowledgment acknowledgement or that
25        the person taking  the  acknowledgment  had  satisfactory
26        evidence  that  the  person  acknowledging was the person
27        described in and who executed the instrument.
28    (Source: P.A. 76-1105; revised 10-31-98.)

29        (765 ILCS 30/5) (from Ch. 30, par. 225)
30        Sec. 5. Recognition  of  certificate  of  acknowledgment.
31    The  form  of a certificate of acknowledgment acknowledgement
 
SB745 Engrossed             -1674-             LRB9101253EGfg
 1    used by a person whose authority is recognized under  Section
 2    2 shall be accepted in this State if:
 3             (1)  the  certificate is in a form prescribed by the
 4        laws or regulations of this State;
 5             (2)  the certificate is in a form prescribed by  the
 6        laws  or regulations applicable in the place in which the
 7        acknowledgment is taken; or
 8             (3)  the    certificate    contains    the     words
 9        "acknowledged    before   me",   or   their   substantial
10        equivalent.
11    (Source: P.A. 76-1105; revised 10-31-98.)

12        Section 268.  The Destroyed Public Records Act is amended
13    by changing Sections 12 and 17 as follows:

14        (765 ILCS 45/12) (from Ch. 116, par. 16)
15        Sec. 12.  It shall be the duty of the clerk of the  court
16    in  which the petition is filed, to enter, in a separate book
17    or books to  be  kept  for  the  purpose  the  names  of  the
18    petitioners  and defendants, the date of filing the petition,
19    and a description of all the lands  included  therein,  which
20    record  shall  be at all times open to the public.  All lands
21    in each separate town, addition, section or subdivision shall
22    be entered on the same page, or consecutive  pages,  with  an
23    index  to  the  book  or books, showing on what page any such
24    separate town, addition, section or subdivision may be found.
25    The clerk shall also, in  all  cases,  cause  publication  of
26    notice  to  be  made  of  the  filing of said petition, which
27    notice shall be entitled "Land Title Notice,"  and  shall  be
28    substantially as follows:
29        A.  B.  C.  D.  etc., (here giving the names of all known
30    defendants, if any,) and to all whom it may concern:
31        Take notice, that on (insert date), the .... day of  ....
32    19..,  a  petition  was filed by the undersigned, in the ....
 
SB745 Engrossed             -1675-             LRB9101253EGfg
 1    court of .... County, to establish his, or her or  its  title
 2    to  the  following  described  lands.    (Here  insert a full
 3    description of the lands in the petition.)  Now,  unless  you
 4    appear  on  (insert  date)  the .... day of .... 19.., in the
 5    court, (naming a return day at least 30 days from  the  first
 6    insertion  of  the  notice),  and  show  cause  against  such
 7    application,  the  allegations  of  the  petition shall stand
 8    admitted, and the title or interest of the petitioner will be
 9    adjudged and established  according  to  the  prayer  of  the
10    petition, and you forever barred from disputing the same.
11        G.P. Attorney at Law                      E.F. Petitioner

12        The notice shall be published once a week for 3 weeks the
13    first  insertion  to  be at least 30 days prior to the return
14    day named in such notice  for  appearance,  and  the  several
15    publications  shall be in the same newspaper in the county or
16    if there be no newspaper published in the county, then  in  a
17    newspaper  published  in one of the counties nearest thereto.
18    Provided, the newspaper  shall  be  a  newspaper  of  general
19    circulation,  printed in the English language, and shall have
20    been continuously published in the county for a period of  at
21    least 6 months.
22    (Source: P.A. 84-551; revised 10-20-98.)

23        (765 ILCS 45/17) (from Ch. 116, par. 21)
24        Sec.  17.  Whenever  any  deeds  or other instruments, in
25    writing affecting the title to any of the lands in  any  such
26    county,  shall  have  been  filed  for record so short a time
27    before such destruction of the records, as aforesaid, that no
28    proof of them remains either on such records,  or  among  the
29    abstracts, copies, minutes or extracts specified in Section 8
30    of  this  Act,  it shall be the duty of the person or persons
31    having filed the same or claiming the benefit thereof, within
32    60 sixty days from the time this Act takes effect, to re-file
33    for record such deeds or other instruments or copies thereof,
 
SB745 Engrossed             -1676-             LRB9101253EGfg
 1    or if that cannot be done, then he  shall,  within  60  sixty
 2    days,  make  and  file  a  petition to establish such deed or
 3    other instrument of writing, under  the  provisions  of  this
 4    Act.  In  all  cases  when  any  original deed and the record
 5    thereof has been lost or destroyed, [it shall be  lawful  for
 6    any  person  having]  a duly certified copy of said record to
 7    cause the same to be recorded, which record  shall  have  the
 8    same force and effect as now belong to the record of original
 9    deeds.
10    (Source: Laws 1871-72, p. 652; revised 10-31-98.)

11        Section  269.   The  Residential Real Property Disclosure
12    Act is amended  by  changing  Sections  30,  35,  and  50  as
13    follows:

14        (765 ILCS 77/30)
15        Sec.  30.  Disclosure  supplement.  If, prior to closing,
16    any seller has actual knowledge of an error,  inaccuracy,  or
17    omission  in  any prior disclosure document after delivery of
18    that disclosure document to a prospective buyer, that  seller
19    shall supplement the prior disclosure document with a written
20    supplemental disclosure..
21    (Source: P.A. 90-383, eff. 1-1-98; revised 10-31-98.)

22        (765 ILCS 77/35)
23        Sec.   35.   Disclosure  report  form.   The  disclosures
24    required of a seller by  this  Act,  shall  be  made  in  the
25    following form:
26             RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT
27        NOTICE:   THE  PURPOSE  OF  THIS  REPORT  IS  TO  PROVIDE
28    PROSPECTIVE BUYERS WITH INFORMATION ABOUT MATERIAL DEFECTS IN
29    THE  RESIDENTIAL  REAL  PROPERTY.  THIS REPORT DOES NOT LIMIT
30    THE PARTIES' RIGHT TO CONTRACT FOR THE  SALE  OF  RESIDENTIAL
31    REAL  PROPERTY  IN  "AS  IS"  CONDITION.   UNDER  COMMON LAW,
 
SB745 Engrossed             -1677-             LRB9101253EGfg
 1    SELLERS  WHO  DISCLOSE  MATERIAL  DEFECTS  MAY  BE  UNDER   A
 2    CONTINUING  OBLIGATION TO ADVISE THE PROSPECTIVE BUYERS ABOUT
 3    THE CONDITION OF THE RESIDENTIAL REAL PROPERTY EVEN AFTER THE
 4    REPORT IS DELIVERED TO THE PROSPECTIVE BUYER.  COMPLETION  OF
 5    THIS  REPORT  BY  THE SELLER CREATES LEGAL OBLIGATIONS ON THE
 6    SELLER; THEREFORE THE SELLER MAY WISH TO CONSULT AN  ATTORNEY
 7    PRIOR TO COMPLETION OF THIS REPORT.
 8    Property Address: ...........................................
 9    City, State & Zip Code: .....................................
10    Seller's Name: ..............................................
11        This  Report is a disclosure of certain conditions of the
12    residential real property listed above in compliance with the
13    Residential Real Property Disclosure Act.   This  information
14    is provided as of ...(month) ...(day) ...(year), and does not
15    reflect  any  changes  made  or  occurring after that date or
16    information that becomes known to the seller after that date.
17    The disclosures herein shall not be deemed warranties of  any
18    kind  by  the  seller or any person representing any party in
19    this transaction.
20        In this form, "am aware" means to have actual  notice  or
21    actual   knowledge  without  any  specific  investigation  or
22    inquiry.  In this form, a "material defect" means a condition
23    that would have a substantial adverse effect on the value  of
24    the  residential  real  property  or that would significantly
25    impair the health  or  safety  of  future  occupants  of  the
26    residential   real  property  unless  the  seller  reasonably
27    believes that the condition has been corrected.
28        The seller discloses the following information  with  the
29    knowledge  that  even  though  the  statements herein are not
30    deemed to be warranties, prospective  buyers  may  choose  to
31    rely  on  this  information in deciding whether or not and on
32    what terms to purchase the residential real property.
33        The seller represents that to the  best  of  his  or  her
34    actual   knowledge,   the   following  statements  have  been
 
SB745 Engrossed             -1678-             LRB9101253EGfg
 1    accurately noted as "yes", (correct),  "no"  (incorrect),  or
 2    "not  applicable" to the  property being sold.  If the seller
 3    indicates that the response to any statement,  except  number
 4    1,  is  yes  or  not  applicable, the seller shall provide an
 5    explanation, in the additional information area of this form.
 6         YES    NO     N/A
 7      1 ...... .....  .....  Seller  has  occupied  the  property
 8                             within  the  last  12  months.   (No
 9                             explanation is needed.)
10     2. .....  .....  .....  I am aware of flooding or  recurring
11                             leakage problems in the crawl
12                             space or basement.
13     3. .....  .....  .....  I  am  aware  that  the  property is
14                             located  in  a flood plain or that I
15                             currently    have    flood    hazard
16                             insurance on the property.
17     4. .....  .....  .....  I am  aware  of material  defects in
18                             the    basement    or     foundation
19                             (including cracks and bulges).
20     5. .....  .....  .....  I am aware of leaks or  material
21                             defects  in  the  roof, ceilings, or
22                             chimney.
23     6. .....  .....  .....  I am  aware of  material  defects in
24                             the walls or floors.
25     7. .....  .....  .....  I am aware of  material  defects  in
26                             the electrical system.
27     8. .....  .....  .....  I am  aware  of  material defects in
28                             the plumbing system  (includes  such
29                             things  as  water heater, sump pump,
30                             water  treatment  system,  sprinkler
31                             system, and swimming pool).
32     9. .....  .....  .....  I am aware of  material  defects  in
33                             the well or well equipment.
34    10. .....  .....  .....  I am  aware of  unsafe conditions in
 
SB745 Engrossed             -1679-             LRB9101253EGfg
 1                             the drinking water.
 2    11. .....  .....  .....  I am aware of  material  defects  in
 3                             the heating,  air  conditioning,  or
 4                             ventilating systems.
 5    12. .....  .....  .....  I am  aware  of  material defects in
 6                             the fireplace or woodburning  stove.
 7    13. .....  .....  .....  I am aware of  material  defects  in
 8                             the septic, sanitary sewer, or other
 9                             disposal system.
10    14. .....  .....  .....  I am aware of unsafe  concentrations
11                             of radon on the premises.
12    15. .....  .....  .....  I am aware of unsafe  concentrations
13                             of  or unsafe conditions relating to
14                             asbestos on the premises.
15    16. .....  .....  .....  I am aware of unsafe  concentrations
16                             of or unsafe conditions relating  to
17                             lead  paint,  lead water pipes, lead
18                             plumbing pipes or lead in  the  soil
19                             on the premises.
20    17. .....  .....  .....  I  am  aware  of  mine   subsidence,
21                             underground     pits,    settlement,
22                             sliding, upheaval,  or  other  earth
23                             stability defects on the premises.
24    18. .....  .....  .....  I am aware of  current  infestations
25                             of  termites  or  other  wood boring
26                             insects.
27    19. .....  .....  .....  I am aware  of  a structural  defect
28                             caused by previous  infestations  of
29                             termites   or   other   wood  boring
30                             insects.
31    20. .....  .....  .....  I  am  aware   of  underground  fuel
32                             storage tanks on the property.
33    21. .....  .....  .....  I am  aware  of boundary or lot line
34                             disputes.
 
SB745 Engrossed             -1680-             LRB9101253EGfg
 1    22. .....  .....  .....  I have received notice of  violation
 2                             of local, state or federal  laws  or
 3                             regulations    relating    to   this
 4                             property, which  violation  has  not
 5                             been corrected.
 6        Note:   These  disclosures  are not intended to cover the
 7    common  elements  of  a  condominium,  but  only  the  actual
 8    residential real property including limited  common  elements
 9    allocated  to the exclusive use thereof that form an integral
10    part of the condominium unit.
11        Note:  These disclosures  are  intended  to  reflect  the
12    current condition of the premises and do not include previous
13    problems,  if  any,  that the seller reasonably believes have
14    been corrected.
15        If any of the above are marked "not applicable" or "yes",
16    please explain here or use  additional pages, if necessary:
17    .............................................................
18    .............................................................
19    .............................................................
20        Check here if additional pages used: .....
21        Seller certifies that seller has prepared this  statement
22    and   certifies that the information provided is based on the
23    actual notice or actual knowledge of the seller  without  any
24    specific  investigation or inquiry on the part of the seller.
25    The seller hereby  authorizes  any  person  representing  any
26    principal  in  this  transaction  to  provide  a copy of this
27    report, and to disclose any information in the report, to any
28    person in connection with any actual or anticipated  sale  of
29    the property.
30    Seller: ............................... Date: ...............
31    Seller: ............................... Date: ...............
32        THE  PROSPECTIVE  BUYER  IS  AWARE  THAT  THE PARTIES MAY
33    CHOOSE TO NEGOTIATE AN AGREEMENT FOR THE SALE OF THE PROPERTY
34    SUBJECT TO ANY OR ALL  MATERIAL  DEFECTS  DISCLOSED  IN  THIS
 
SB745 Engrossed             -1681-             LRB9101253EGfg
 1    REPORT  ("AS  IS").   THIS DISCLOSURE IS NOT A SUBSTITUTE FOR
 2    ANY INSPECTIONS OR WARRANTIES THAT THE PROSPECTIVE  BUYER  OR
 3    SELLER  MAY  WISH  TO OBTAIN OR NEGOTIATE.  THE FACT THAT THE
 4    SELLER IS NOT AWARE OF A PARTICULAR CONDITION OR  PROBLEM  IS
 5    NO GUARANTEE THAT IT DOES NOT EXIST. THE PROSPECTIVE BUYER IS
 6    AWARE  THAT  HE  MAY  REQUEST  AN  INSPECTION OF THE PREMISES
 7    PERFORMED BY A QUALIFIED PROFESSIONAL.
 8    Prospective Buyer: .................. Date: ...... Time: ....
 9    Prospective Buyer: .................. Date: ...... Time: ....
10    (Source: P.A. 90-383, eff. 1-1-98; revised 10-31-98.)

11        (765 ILCS 77/50)
12        Sec. 50.   Delivery  of  the  Residential  Real  Property
13    Disclosure Report provided by this Act shall be by:
14             (1)  personal   or   facsimile   delivery   to   the
15        prospective buyer;
16             (2)  depositing  the  report  with the United States
17        Postal  Service,  postage  prepaid,  first  class   mail,
18        addressed  to  the    prospective  buyer  at  the address
19        provided by the prospective  buyer or  indicated  on  the
20        contract or other agreement;, or
21             (3)  depositing   the  report  with  an  alternative
22        delivery  service  such  as  Federal  Express,  UPS,   or
23        Airborne,  delivery  charges  prepaid,  addressed  to the
24        prospective  buyer  at  the  address  provided   by   the
25        prospective  buyer  or indicated on the contract or other
26        agreement.
27        For purposes of this Act,  delivery  to  one  prospective
28    buyer is deemed delivery to all prospective buyers.  Delivery
29    to an authorized individual acting on behalf of a prospective
30    buyer   constitutes   delivery  to  all  prospective  buyers.
31    Delivery of the report  is  effective  upon  receipt  by  the
32    prospective  buyer.   Receipt  may  be  acknowledged  on  the
33    report,  acknowledged  in  an agreement for the conveyance of
 
SB745 Engrossed             -1682-             LRB9101253EGfg
 1    the  residential  real  property,  or  shown  in   any  other
 2    verifiable manner.
 3    (Source: P.A. 88-111; revised 10-31-98.)

 4        Section 270.  The Responsible Property  Transfer  Act  of
 5    1988 is amended by changing Section 5 as follows:

 6        (765 ILCS 90/5) (from Ch. 30, par. 905)
 7        Sec. 5.  Form and content of Disclosure Document.
 8        (a)  The  disclosure document required under Section 4 of
 9    this Act shall consist of the following form:
10                  ENVIRONMENTAL DISCLOSURE DOCUMENT
11                    FOR TRANSFER OF REAL PROPERTY
12    -------------------------------------------------------------
13                                   For Use By County
14                                   Recorder's Office
15    The following information is   County
16    provided pursuant to the       Date
17    Responsible Property           Doc. No.
18    Transfer Act of 1988           Vol.
19    Seller:....................... Page
20    Buyer:........................ Rec'd by:
21    Document No.:.................
22    I.  PROPERTY IDENTIFICATION:
23        A.  Address of property:.................................
24                                Street  City or Village  Township
25            Permanent Real Estate Index No.:.....................
26        B.  Legal Description:
27            Section......... Township......... Range...........
28            Enter or attach current legal description in
29            this area:
30    Prepared  by:................     Return  to:................
31                    name                          name
32                ................                 ................
 
SB745 Engrossed             -1683-             LRB9101253EGfg
 1                  address                        address
 2    -------------------------------------------------------------
 3                        LIABILITY DISCLOSURE
 4        Transferors and transferees of real property are  advised
 5    that  their  ownership  or other control of such property may
 6    render them  liable  for  any  environmental  clean-up  costs
 7    whether  or not they caused or contributed to the presence of
 8    environmental problems associated with the property.
 9        C.  Property Characteristics:
10            Lot Size.................. Acreage..................
11            Check all types of improvement and
12            uses that pertain to the property:
13            ...... Apartment building (6 units or less)
14            ...... Commercial apartment (over 6 units)
15            ...... Store, office, commercial building
16            ...... Industrial building
17            ...... Farm, with buildings
18            ...... Other (specify)

19    II.  NATURE OF TRANSFER:
20                                                     Yes      No
21        A.  (1)  Is this a transfer by deed or
22                 other instrument of conveyance?     ....    ....
23            (2)  Is this a transfer by assignment
24                 of over 25% of beneficial interest
25                 of an Illinois land trust?          ....    ....
26            (3)  A lease exceeding a term of
27                 40 years?                           ....    ....
28            (4)  A mortgage or collateral
29                 assignment of beneficial
30                 interest?                           ....    ....
31        B.  (1)  Identify Transferor:
32        ........................................................
33        Name and Current Address of Transferor
34        .......................................................
 
SB745 Engrossed             -1684-             LRB9101253EGfg
 1        Name and Address of Trustee if this is a       Trust No.
 2        transfer of beneficial interest of a land trust.
 3        (2)  Identify person  who  has  completed  this  form  on
 4    behalf  of  the  Transferor  and  who  has  knowledge  of the
 5    information contained in this form:
 6        .......................................................
 7        Name, Position (if any), and address       Telephone No.
 8        C.  Identify Transferee:
 9        ........................................................
10        Name and Current Address of Transferee
11    III.  NOTIFICATION
12        Under the Illinois Environmental Protection  Act,  owners
13    of  real property may be held liable for costs related to the
14    release of hazardous substances.
15        1.  Section 22.2(f) of the Act states in part:
16        "Notwithstanding any other provision or rule of law,  and
17    subject  only  to the defenses set forth in subsection (j) of
18    this Section, the following persons shall be liable  for  all
19    costs  of removal or remedial action incurred by the State of
20    Illinois or any unit of local government as  a  result  of  a
21    release  or  substantial  threat  of a release of a hazardous
22    substance or pesticide:
23             (1)  the owner and operator of a facility or  vessel
24        from  which  there  is a release or substantial threat of
25        release of a hazardous substance or pesticide;
26             (2)  any  person  who  at  the  time  of   disposal,
27        transport,  storage or treatment of a hazardous substance
28        or pesticide owned or operated  the  facility  or  vessel
29        used  for  such disposal, transport, treatment or storage
30        from which there was a release or substantial threat of a
31        release of any such hazardous substance or pesticide;
32             (3)  any  person  who  by  contract,  agreement,  or
33        otherwise has arranged with another party or  entity  for
34        transport,  storage,  disposal  or treatment of hazardous
 
SB745 Engrossed             -1685-             LRB9101253EGfg
 1        substances or pesticides owned, controlled  or  possessed
 2        by such person at a facility owned or operated by another
 3        party or entity from which facility there is a release or
 4        substantial   threat  of  a  release  of  such  hazardous
 5        substances or pesticides; and
 6             (4)  any  person  who  accepts   or   accepted   any
 7        hazardous  substances  or  pesticides  for  transport  to
 8        disposal,  storage  or treatment facilities or sites from
 9        which there is a release or a  substantial  threat  of  a
10        release of a hazardous substance or pesticide."
11        2.  Section 4(q) of the Act states:
12        "The Agency shall have the authority to provide notice to
13    any  person  who may be liable pursuant to Section 22.2(f) of
14    this Act for a release or a substantial threat of  a  release
15    of  a  hazardous  substance  or pesticide.  Such notice shall
16    include the identified response action and an opportunity for
17    such person to perform the response action."
18        3.  Section 22.2(k) of the Act states in part:
19        "If any person who is liable for a release or substantial
20    threat of release of a hazardous substance or pesticide fails
21    without sufficient  cause  to  provide  removal  or  remedial
22    action upon or in accordance with a notice and request by the
23    Agency  or  upon or in accordance with any order of the Board
24    or any court, such person may be  liable  to  the  State  for
25    punitive damages in an amount at least equal to, and not more
26    than  3  times, the amount of any costs incurred by the State
27    of Illinois as a result of such failure to take such  removal
28    or  remedial  action.   The  punitive  damages imposed by the
29    Board shall be in addition to any costs recovered  from  such
30    person  pursuant to this Section and in addition to any other
31    penalty or relief provided by this Act or any other law."
32        4.  Section 57.12(a) of the Act states in part:
33        "Notwithstanding any other provision or rule of law,  the
34    owner  or  operator,  or both, of an underground storage tank
 
SB745 Engrossed             -1686-             LRB9101253EGfg
 1    shall be liable for all costs  of  investigation,  preventive
 2    action,  corrective action and enforcement action incurred by
 3    the State of Illinois resulting from an  underground  storage
 4    tank."
 5        5.  The  text of the statutes set out above is subject to
 6    change by amendment.  Persons using this form may  update  it
 7    to  reflect changes in the text of the statutes cited, but no
 8    disclosure statement shall be invalid merely because it  sets
 9    forth an obsolete or superseded version of such text.
10    IV.  ENVIRONMENTAL INFORMATION
11    Regulatory Information During Current Ownership
12        1.  Has  the  transferor ever conducted operations on the
13    property  which   involved   the   generation,   manufacture,
14    processing, transportation, treatment, storage or handling of
15    "hazardous   substances",   as   defined   by   the  Illinois
16    Environmental Protection Act?  This  question  shall  not  be
17    applicable for consumer goods stored or handled by a retailer
18    in  the  same  form,  approximate  amount,  concentration and
19    manner as they are sold  to  consumers,  provided  that  such
20    retailer does not engage in any commercial mixing (other than
21    paint  mixing  or  tinting  of  consumer  sized  containers),
22    finishing,  refinishing, servicing, or cleaning operations on
23    the property.
24             Yes ......
25             No  ......
26        2.  Has the transferor ever conducted operations  on  the
27    property  which  involved the processing, storage or handling
28    of petroleum, other than that which was  associated  directly
29    with the transferor's vehicle usage?
30             Yes ......
31             No  ......
32        3.  Has  the  transferor ever conducted operations on the
33    property  which  involved  the  generation,   transportation,
34    storage,  treatment  or  disposal  of  "hazardous  or special
 
SB745 Engrossed             -1687-             LRB9101253EGfg
 1    wastes", as defined by the federal Resource Conservation  and
 2    Recovery Act and the Illinois Environmental Protection Act?
 3             Yes ......
 4             No  ......
 5        4.  Are   there  any  of  the  following  specific  units
 6    (operating or closed) at the property which are or were  used
 7    by   the   transferor  to  manage  waste,  hazardous  wastes,
 8    hazardous substances or petroleum?
 9                                                YES       NO
10        Landfill                              ......    ......
11        Surface Impoundment                   ......    ......
12        Land Treatment                        ......    ......
13        Waste Pile                            ......    ......
14        Incinerator                           ......    ......
15        Storage Tank (Above Ground)           ......    ......
16        Storage Tank (Underground)            ......    ......
17        Container Storage Area                ......    ......
18        Injection Wells                       ......    ......
19        Wastewater Treatment Units            ......    ......
20        Septic Tanks                          ......    ......
21        Transfer Stations                     ......    ......
22        Waste Recycling Operations            ......    ......
23        Waste Treatment Detoxification        ......    ......
24        Other Land Disposal Area              ......    ......
25        If there are "YES" answers to any of the above items  and
26    the   transfer   is  other  than  a  mortgage  or  collateral
27    assignment of beneficial interest, attach a site  plan  which
28    identifies  the  location  of each unit, such site plan to be
29    filed with the Environmental  Protection  Agency  along  with
30    this disclosure document.
31        5.  Has  the transferor ever held any of the following in
32    regard to this real property?
33        a.  Permits for discharges of                  Yes ......
34            wastewater to waters of the State.         No  ......
 
SB745 Engrossed             -1688-             LRB9101253EGfg
 1        b.  Permits for emissions to                   Yes ......
 2            the atmosphere.                            No  ......
 3        c.  Permits for any waste storage,             Yes ......
 4            waste treatment or waste disposal          No  ......
 5            operation.
 6        6.  Has the  transferor  had  any  wastewater  discharges
 7    (other than sewage) to a publicly owned treatment works?
 8             Yes ......
 9             No  ......
10        7.  Has the transferor taken any of the following actions
11    relative to this property?
12        a.  Prepared a Chemical Safety                 Yes ......
13            Contingency Plan pursuant to the           No  ......
14            Illinois Chemical Safety Act.
15        b.  Filed an Emergency and Hazardous           Yes ......
16            Chemical Inventory Form pursuant           No  ......
17            to the federal Emergency Planning
18            and Community Right-to-Know Act of
19            1986.
20        c.  Filed a Toxic Chemical Release Form        Yes ......
21            pursuant to the federal Emergency          No  ......
22            Planning and Community Right-to-
23            Know Act of 1986.
24        8.  Has the transferor or any facility on the property or
25    the  property  been the subject of any of the following State
26    or federal governmental actions?
27        a.  Written notification regarding             Yes ......
28            known, suspected or alleged
29            contamination on or emanating              No  ......
30            from the property.
31        b.  Filing an environmental enforcement        Yes ......
32            case with a court or the Pollution
33            Control Board for which a final            No  ......
34            order or consent decree was entered.
 
SB745 Engrossed             -1689-             LRB9101253EGfg
 1        c.  If item b. was answered by checking        Yes ......
 2            Yes, then indicate whether or not
 3            the final order or decree is still         No  ......
 4            in effect for this property.
 5        9.  Environmental Releases During Transferor's Ownership
 6        a.  Has  any  situation  occurred  at  this  site   which
 7    resulted   in   a   reportable  "release"  of  any  hazardous
 8    substances or petroleum as required under  State  or  federal
 9    laws?
10             Yes ......
11             No  .......
12        b.  Have  any  hazardous  substances  or petroleum, which
13    were released, come into direct contact with  the  ground  at
14    this site?
15             Yes ......
16             No  ......
17        c.  If the answers to questions (a) and (b) are Yes, have
18    any of the following actions or events been associated with a
19    release on the property?
20          ....   Use of a cleanup contractor to remove or treat
21                 materials including soils, pavement or other
22                 surficial materials
23          ....   Assignment of in-house maintenance staff to remove
24                 or treat materials including soils, pavement or
25                 other surficial materials
26          ....   Designation, by the IEPA or the IEMA, of the
27                 release as "significant" under the Illinois
28                 Chemical Safety Act
29          ....   Sampling and analysis of soils
30          ....   Temporary or more long-term monitoring of
31                 groundwater at or near the site
32          ....   Impaired usage of an on-site or nearby water well
33                 because of offensive characteristics of the water
34          ....   Coping with fumes from subsurface storm drains
 
SB745 Engrossed             -1690-             LRB9101253EGfg
 1                 or inside basements, etc.
 2          ....   Signs of substances leaching out of the ground
 3                 along the base of slopes or at other low points
 4                 on or immediately adjacent to the site
 5        10.  Is the facility currently operating under a variance
 6    granted by the Illinois Pollution Control Board?
 7             Yes ......
 8             No  ......
 9        11.  Is there any explanation needed for clarification of
10    any of the above answers or responses?
11    .............................................................
12    .............................................................
13    .............................................................
14    .............................................................
15        B.  SITE INFORMATION UNDER OTHER OWNERSHIP OR OPERATION
16        1.  Provide  the following information about the previous
17    owner or any entity or person the transferor leased the  site
18    to  or  otherwise  contracted  with for the management of the
19    site or real property:
20        Name: ......................................
21              ......................................
22        Type of business/ ...............................
23        or property usage ...............................
24                          ...............................
25        2.  If the transferor has knowledge, indicate whether the
26    following existed under prior ownerships, leaseholds  granted
27    by  the  transferor, other contracts for management or use of
28    the facilities or real property:
29                                             YES        NO
30        Landfill                              ......    ......
31        Surface Impoundment                   ......    ......
32        Land Treatment                        ......    ......
33        Waste Pile                            ......    ......
34        Incinerator                           ......    ......
 
SB745 Engrossed             -1691-             LRB9101253EGfg
 1        Storage Tank (Above Ground)           ......    ......
 2        Storage Tank (Underground)            ......    ......
 3        Container Storage Area                ......    ......
 4        Injection Wells                       ......    ......
 5        Wastewater Treatment Units            ......    ......
 6        Septic Tanks                          ......    ......
 7        Transfer Stations                     ......    ......
 8        Waste Recycling Operations            ......    ......
 9        Waste Treatment Detoxification        ......    ......
10        Other Land Disposal Area              ......    ......
11    V.  CERTIFICATION
12        A.  Based  on  my  inquiry  of  those  persons   directly
13    responsible for gathering the information, I certify that the
14    information  submitted  is,  to  the best of my knowledge and
15    belief, true and accurate.
16                                    ............................
17                                    signature
18                                    ............................
19                                    type or print name
20                                    TRANSFEROR OR TRANSFERORS
21                                    (or on behalf of Transferor)
22        B.  This form was  delivered  to  me  with  all  elements
23    completed on (insert date).
24             ............................ 19....
25                                    ...........................
26                                    signature
27                                     ...........................
28                                     type or print name
29                                     TRANSFEREE OR TRANSFEREES
30                                     (or on behalf of Transferee)
31        C.  This  form  was  delivered  to  me  with all elements
32    completed on (insert date).
33             ............................ 19....
34                                    ...........................
 
SB745 Engrossed             -1692-             LRB9101253EGfg
 1                                    signature
 2                                     .............................
 3                                    type or print name
 4                                     LENDER
 5    (Source: P.A. 90-655, eff. 7-30-98; revised 10-19-98.)

 6        Section 271.   The  Mine  Subsidence  Disclosure  Act  is
 7    amended by changing Section 2 as follows:

 8        (765 ILCS 95/2) (from Ch. 30, par. 1002)
 9        Sec. 2.  Definitions.  In this Act:
10        (a)  "Lender"  means  an  individual  or any other entity
11    that advances funds secured by an a interest in real property
12    or  secured  by  a  collateral  assignment  of  a  beneficial
13    interest in an Illinois land  trust  holding  title  to  real
14    property.
15        (b)  "Man-made   underground   mine"   includes   without
16    limitation  coal  mines,  clay  mines,  limestone  mines, and
17    fluorspar mines.
18        (c)  "Mine subsidence" means lateral or  vertical  ground
19    movement  that  directly damages a structure and that results
20    from the collapse of a man-made underground mine. Lateral  or
21    vertical  ground  movement  caused  by earthquake, landslide,
22    volcanic  eruption,  soil  conditions,  soil  erosion,   soil
23    freezing and thawing, improperly compacted soil, construction
24    defects,  roots  of trees and shrubs, or collapse of storm or
25    sewer drains or rapid transit tunnels is not mine subsidence.
26        (d)  "Transfer" means:
27             (1) a conveyance of an interest in real property  by
28        deed or other instrument;
29             (2) a  lease  of  real  property  if  the term, when
30        considering all options that may be exercised, exceeds 40
31        years;
32             (3) an assignment, including transfer of  the  power
 
SB745 Engrossed             -1693-             LRB9101253EGfg
 1        of direction, of more than 25% of the beneficial interest
 2        in an Illinois land trust;
 3             (4) a mortgage of real property; or
 4             (5) a collateral assignment of a beneficial interest
 5        in an Illinois land trust.
 6        "Transfer"  does  not,  however,  include  the following:
 7    deeds   or   trust   documents   that,   without   additional
 8    consideration, confirm, correct, modify, or supplement a deed
 9    or trust document previously recorded; tax  deeds;  deeds  or
10    trust documents of release of property that is security for a
11    debt  or  other  obligation;  deeds of partition; conveyances
12    occurring as a result of a foreclosure of a mortgage or other
13    lien on real property; easements; or conveyances of interests
14    in minerals, oil, or gas.
15        (e)  "Transferee" means a buyer, mortgagee,  grantee,  or
16    lessee   of  real  property,  an  assignee  of  a  collateral
17    assignment of a  beneficial  interest  in  an  Illinois  land
18    trust,  or an assignee of a more than 25% beneficial interest
19    in an Illinois land trust.
20        (f)  "Transferor" means a seller, grantor, mortgagor,  or
21    lessor   of  real  property,  an  assignor  of  a  collateral
22    assignment of the beneficial interest  in  an  Illinois  land
23    trust,  an assignor of a more than 25% beneficial interest in
24    an Illinois land trust, or, in the case of a transfer by  the
25    trustee   of  an  Illinois  land  trust,  the  owner  of  the
26    beneficial interest in the land trust.
27        (g)  "Undermined" means that a man-made underground  mine
28    exists below all or part of the surface of real property.
29    (Source: P.A. 86-236; revised 2-24-98.)

30        Section  272.  The Illinois Real Estate Time-Share Act is
31    amended by changing Section 29 as follows:

32        (765 ILCS 100/29) (from Ch. 30, par. 729)
 
SB745 Engrossed             -1694-             LRB9101253EGfg
 1        Sec. 29.  An exchange company  shall  register  with  the
 2    Office  of  Banks  and  Real  Estate  and  file  a  statement
 3    containing:  (1) a list of the time-share program or programs
 4    that  it  he is offering time-interval exchange services for,
 5    (2) its his principal office address  and  telephone  number,
 6    and (3) the name of the his responsible managing employer and
 7    the name of the person with whom may contact is to be made.
 8    (Source: P.A. 89-508, eff. 7-3-96; revised 10-31-98.)

 9        Section  273.   The  Permanent  Survey  Act is amended by
10    changing Section 1 as follows:

11        (765 ILCS 215/1) (from Ch. 133, par. 11)
12        Sec. 1.  That Whenever the owner or  owners  of  adjacent
13    tracts  of  land  shall  desire  to establish permanently the
14    lines and corners thereof between them, he, she or  they  may
15    enter  [into]  a written agreement to employ and abide by the
16    survey of some surveyor, and after said survey is  completed,
17    a  plat  thereof  with a description of all corners and lines
18    plainly marked thereon, together with the  written  agreement
19    of the parties, shall be recorded in the recorder's office of
20    the  county  where  the lands are situated; and the lines and
21    corners of said survey so made and recorded, shall be binding
22    upon the parties entering into said agreement,  their  heirs,
23    successors and assigns, and shall never be changed.
24    (Source: Laws 1901, p. 307; revised 10-31-98.)

25        Section  274.   The  Mining  Act  of  1874  is amended by
26    changing Section 12 as follows:

27        (765 ILCS 505/12) (from Ch. 96 1/2, par. 162)
28        Sec. 12. Any  person  who  purchases  any  purchase  lead
29    mineral  without  keeping  the  book or making the entries or
30    returns as herein provided, or refuses shall refuse to  allow
 
SB745 Engrossed             -1695-             LRB9101253EGfg
 1    their  inspection as herein provided, shall be fined for each
 2    offense the sum of $25; and whoever violates any of the other
 3    provisions of Section  8,  9,  10,  or  11  the  4  preceding
 4    sections,  shall be fined for the first offense the sum of $5
 5    and costs, and for every subsequent offense  $10  and  costs.
 6    Of  the fines collected under this Section, one-half shall go
 7    to the informer, and the other half to the school fund of the
 8    school district where the action is  brought.  The  penalties
 9    shall  be  recoverable by a civil action in the circuit court
10    of the county where the offense is committed.
11    (Source: P.A. 83-345; revised 10-31-98.)

12        Section 275.  The Severed Mineral Interest Act is amended
13    by changing Section 10 as follows:

14        (765 ILCS 515/10) (from Ch. 96 1/2, par. 9210)
15        Sec. 10.  All attorneys' fees, expenses, and court  costs
16    incident  to the proceedings authorized hereunder shall be by
17    paid by the lessee if a lease is  executed  pursuant  hereto,
18    and  by the plaintiff if for any reason no lease is executed.
19    Subsequent  to  entry  of  judgment,  all   allowable   fees,
20    expenses,  and  court costs shall be paid out of funds in the
21    hands of the trustee or party movant.
22    (Source: P.A. 83-571; revised 10-31-98.)

23        Section 276.  The Condominium Property Act is amended  by
24    changing Section 9 as follows:

25        (765 ILCS 605/9) (from Ch. 30, par. 309)
26        Sec. 9.  Sharing of expenses - Lien for nonpayment.
27        (a)  All common expenses incurred or accrued prior to the
28    first  conveyance  of  a unit shall be paid by the developer,
29    and during this period no common expense assessment shall  be
30    payable  to  the  association.   It shall be the duty of each
 
SB745 Engrossed             -1696-             LRB9101253EGfg
 1    unit owner including the developer to pay  his  proportionate
 2    share  of  the  common  expenses  commencing  with  the first
 3    conveyance.   The proportionate share shall be  in  the  same
 4    ratio  as  his percentage of ownership in the common elements
 5    set forth in the declaration.
 6        (b)  The condominium instruments may provide that  common
 7    expenses  for  insurance  premiums  be  assessed  on  a basis
 8    reflecting increased charges for coverage on certain units.
 9        (c)  Budget and reserves.
10             (1)  The  board  of  managers  shall   prepare   and
11        distribute to all unit owners  a detailed proposed annual
12        budget,  setting forth with particularity all anticipated
13        common expenses by category as well  as  all  anticipated
14        assessments  and  other  income.   The initial budget and
15        common expense assessment based thereon shall be  adopted
16        prior  to  the  conveyance of any unit.  The budget shall
17        also set forth each unit owner's proposed common  expense
18        assessment.
19             (2)  All  budgets  adopted by a board of managers on
20        or after  July  1,  1990  shall  provide  for  reasonable
21        reserves    for   capital   expenditures   and   deferred
22        maintenance for  repair  or  replacement  of  the  common
23        elements.    To   determine   the   amount   of  reserves
24        appropriate for an association,  the  board  of  managers
25        shall  take  into  consideration  the  following: (i) the
26        repair and replacement cost,  and  the  estimated  useful
27        life,  of the property which the association is obligated
28        to maintain, including but not limited to structural  and
29        mechanical  components,  surfaces  of  the  buildings and
30        common elements, and energy systems and  equipment;  (ii)
31        the  current  and  anticipated  return  on  investment of
32        association funds;  (iii)  any  independent  professional
33        reserve  study which the association may obtain; (iv) the
34        financial impact on unit owners, and the market value  of
 
SB745 Engrossed             -1697-             LRB9101253EGfg
 1        the  condominium units, of any assessment increase needed
 2        to fund reserves; and (v) the ability of the  association
 3        to obtain financing or refinancing.
 4             (3)  Notwithstanding    the   provisions   of   this
 5        subsection  (c),  an  association   without   a   reserve
 6        requirement  in  its condominium instruments may elect to
 7        waive in whole or in part  the  reserve  requirements  of
 8        this  Section  by a vote of 2/3 of the total votes of the
 9        association. Any association having  elected  under  this
10        paragraph  (3)  to waive the provisions of subsection (c)
11        may  by  a  vote  of  2/3  of  the  total  votes  of  the
12        association  elect  to   again   be   governed   by   the
13        requirements of subsection (c).
14             (4)  In  the  event  that  an  association elects to
15        waive all or part of the  reserve  requirements  of  this
16        Section, that fact must be disclosed after the meeting at
17        which  the  waiver  occurs  by  the  association  in  the
18        financial  statements of the association and, highlighted
19        in bold print, in  the  response  to  any  request  of  a
20        prospective  purchaser  for  the  information  prescribed
21        under  Section  22.1;  and  no  member  of  the  board of
22        managers or the managing agent of the  association  shall
23        be  liable,  and  no  cause  of action may be brought for
24        damages against these parties, for the lack or inadequacy
25        of reserve funds in the association budget.
26        (d)  (Blank).
27        (e)  The condominium  instruments  may  provide  for  the
28    assessment,  in  connection with expenditures for the limited
29    common elements, of only those units  to  which  the  limited
30    common elements are assigned.
31        (f)  Payment of any assessment shall be in amounts and at
32    times determined by the board of managers.
33        (g)  Lien.
34             (1)  If  any unit owner shall fail or refuse to make
 
SB745 Engrossed             -1698-             LRB9101253EGfg
 1        any payment of the common expenses or the amount  of  any
 2        unpaid  fine  when  due, the amount thereof together with
 3        any interest,  late  charges,  reasonable  attorney  fees
 4        incurred  enforcing  the  covenants  of  the  condominium
 5        instruments,  rules  and  regulations  of  the  board  of
 6        managers,  or  any  applicable  statute or ordinance, and
 7        costs of collections  shall  constitute  a  lien  on  the
 8        interest  of  the unit owner in the property prior to all
 9        other liens and  encumbrances,  recorded  or  unrecorded,
10        except  only  (a)  taxes, special assessments and special
11        taxes theretofore or thereafter levied by  any  political
12        subdivision  or  municipal  corporation of this State and
13        other State or federal taxes which by law are a  lien  on
14        the  interest  of  the  unit  owner  prior to preexisting
15        recorded encumbrances thereon and (b) encumbrances on the
16        interest of the unit owner recorded prior to the date  of
17        such  failure  or  refusal  which  by law would be a lien
18        thereon prior to subsequently recorded encumbrances.  Any
19        action brought to extinguish the lien of the  association
20        shall include the association as a party.
21             (2)  With  respect to encumbrances executed prior to
22        August 30, 1984 or encumbrances  executed  subsequent  to
23        August   30,   1984  which  are  neither  bonafide  first
24        mortgages nor trust deeds and which encumbrances  contain
25        a statement of a mailing address in the State of Illinois
26        where   notice   may   be   mailed  to  the  encumbrancer
27        thereunder, if and whenever and as often as  the  manager
28        or  board  of  managers  shall  send,  by  United  States
29        certified  or  registered mail, return receipt requested,
30        to any such encumbrancer at the mailing address set forth
31        in the recorded encumbrance a statement  of  the  amounts
32        and  due dates of the unpaid common expenses with respect
33        to the encumbered unit, then, unless  otherwise  provided
34        in   the   declaration  or  bylaws,  the  prior  recorded
 
SB745 Engrossed             -1699-             LRB9101253EGfg
 1        encumbrance shall be subject to the lien  of  all  unpaid
 2        common expenses with respect to the unit which become due
 3        and  payable within a period of 90 days after the date of
 4        mailing of each such notice.
 5             (3)  The  purchaser  of  a  condominium  unit  at  a
 6        judicial foreclosure sale, or a  mortgagee  who  receives
 7        title  to  a  unit  by  deed  in  lieu  of foreclosure or
 8        judgment by common law strict  foreclosure  or  otherwise
 9        takes  possession  pursuant  to  court  order  under  the
10        Illinois Mortgage Foreclosure Law, shall have the duty to
11        pay the unit's proportionate share of the common expenses
12        for the unit assessed from and after the first day of the
13        month  after  the  date of the judicial foreclosure sale,
14        delivery of the deed in lieu of foreclosure, entry  of  a
15        judgment  in  common law strict foreclosure, or taking of
16        possession pursuant to such court  order.   Such  payment
17        confirms  the extinguishment of any lien created pursuant
18        to paragraph (1) or (2) of this subsection (g) by  virtue
19        of  the  failure or refusal of a prior unit owner to make
20        payment  of   common   expenses,   where   the   judicial
21        foreclosure  sale  has  been  confirmed  by  order of the
22        court, a deed in lieu thereof has been  accepted  by  the
23        lender,  or  a  consent  judgment has been entered by the
24        court.
25        (h)  A lien for common expenses shall be in favor of  the
26    members  of  the  board  of  managers and their successors in
27    office and shall be for the benefit of all other unit owners.
28    Notice of the lien may be recorded by the board of  managers,
29    or if the developer is the manager or has a majority of seats
30    on the board of managers and the manager or board of managers
31    fails to do so, any unit owner may record notice of the lien.
32    Upon  the recording of such notice the lien may be foreclosed
33    by an action brought in the name of the board of managers  in
34    the same manner as a mortgage of real property.
 
SB745 Engrossed             -1700-             LRB9101253EGfg
 1        (i)  Unless  otherwise  provided  in the declaration, the
 2    members of the board of  managers  and  their  successors  in
 3    office, acting on behalf of the other unit owners, shall have
 4    the  power  to  bid  on  the  interest  so  foreclosed at the
 5    foreclosure sale, and to acquire and  hold,  lease,  mortgage
 6    and convey it.
 7        (j)  Any  encumbrancer  may  from time to time request in
 8    writing a written statement from  the  manager  or  board  of
 9    managers  setting  forth  the  unpaid  common  expenses  with
10    respect  to  the  unit covered by his encumbrance. Unless the
11    request is complied with within 20 days,  all  unpaid  common
12    expenses  which become due prior to the date of the making of
13    such  request  shall  be  subordinate  to  the  lien  of  the
14    encumbrance.  Any encumbrancer holding a lien on a  unit  may
15    pay  any  unpaid  common expenses payable with respect to the
16    unit, and upon payment the encumbrancer shall have a lien  on
17    the unit for the amounts paid at the same rank as the lien of
18    his encumbrance.
19        (k)  Nothing  in Public Act 83-1271 is intended to change
20    the lien priorities  of  any  encumbrance  created  prior  to
21    August 30, 1984.
22    (Source:   P.A.   87-692;  87-746;  87-895;  88-417;  revised
23    10-31-98.)

24        Section  277.   The  Mortgage  Insurance  Limitation  and
25    Notification  Act  is  amended  by  changing  Section  20  as
26    follows:

27        (765 ILCS 930/20)
28        Sec. 20.  Annual notification statement.  After  July  1,
29    1998,  in  addition to the transaction disclosure requirement
30    set forth in Section 15 10 and within 30 days after  the  end
31    of   the  calendar  year,  the  mortgagee  shall  inform  the
32    mortgagor in writing of the procedure to cancel  the  private
 
SB745 Engrossed             -1701-             LRB9101253EGfg
 1    mortgage  insurance  together  with  the telephone number and
 2    address.  The annual statement required by this  Section  may
 3    be  printed  on  or  included with any other annual statement
 4    that is required by any federal or State  law to be  made  by
 5    the mortgagee to the mortgagor.
 6        Nothing   contained  in  this  Section  shall  prevent  a
 7    mortgagee from waiving any or all of the  conditions  of  its
 8    cancellation  policy  in  effect  when  the  mortgage loan is
 9    originated  or  from  modifying   its   cancellation   policy
10    applicable  to  a particular mortgage loan from time to time,
11    upon  the  written  approval  of   the   mortgagor.    If   a
12    cancellation  policy  is  modified,  the  mortgagor  shall be
13    notified within 30 days of material changes to the policy.
14    (Source: P.A. 90-455, eff. 7-1-98; revised 1-12-99.)

15        Section  278.   The  Uniform  Disposition  of   Unclaimed
16    Property Act is amended by changing Section 8.1 as follows:

17        (765 ILCS 1025/8.1) (from Ch. 141, par. 108.1)
18        Sec. 8.1.  Property held by governments.
19        (a)  All   tangible   personal   property  or  intangible
20    personal property and all debts owed or  entrusted  funds  or
21    other property held by any federal, state or local government
22    or  governmental  subdivision,  agency,  entity,  officer  or
23    appointee   thereof,  shall  be  presumed  abandoned  if  the
24    property has remained unclaimed for 7 years.
25        (b)  This Section applies to all abandoned property  held
26    by  any  federal,  state  or local government or governmental
27    subdivision, agency, entity, officer or appointee thereof, on
28    the effective date of this amendatory Act of 1991 or  at  any
29    time  thereafter,  regardless  of when the property became or
30    becomes presumptively abandoned.
31    (Source: P.A. 90-167, eff. 7-23-97; revised 2-26-98.)
 
SB745 Engrossed             -1702-             LRB9101253EGfg
 1        Section 279.  The Trademark Registration  and  Protection
 2    Act is amended by changing Section 45 as follows:

 3        (765 ILCS 1036/45)
 4        Sec.  45.  Cancellation.  The Secretary shall cancel from
 5    the register, in whole or in part:
 6             (a)  any registration concerning which the Secretary
 7        shall  receive  a  voluntary  request  for   cancellation
 8        thereof from the registrant or the assignee of record;
 9             (b)  all  registrations  granted  under this Act and
10        not renewed in accordance with this Act;
11             (c)  any registration concerning which  the  circuit
12        court shall find:
13                  (1)  that   the   registered   mark   has  been
14             abandoned,
15                  (2)  that the registrant is not  the  owner  of
16             the mark,
17                  (3)  that    the   registration   was   granted
18             improperly,
19                  (4)  that   the   registration   was   obtained
20             fraudulently,
21                  (5)  that the mark is or has become the generic
22             name  for  the  goods  or  services,  or  a  portion
23             thereof, for which it has been registered, or
24                  (6)  that the registered mark is so similar, as
25             to be likely to cause confusion  or  mistake  or  to
26             deceive,  to  a mark registered by another person in
27             the United States Patent and Trademark Office  prior
28             to  the  date  of  the filing of the application for
29             registration by the registrant  hereunder,  and  not
30             abandoned; however, should the registrant prove that
31             the    registrant  is  the  owner  of  a  concurrent
32             registration  of  a mark in the United States Patent
33             and Trademark Office covering an area including this
 
SB745 Engrossed             -1703-             LRB9101253EGfg
 1             State,  the  registration  hereunder  shall  not  be
 2             cancelled for such area of the State; or
 3             (d)  a registration when  the  circuit  court  shall
 4        order its cancellation of a registration on any ground.
 5        The  clerk  of  the  court  ordering  the cancellation or
 6    making any of the findings specified  in  subdivision  (c)(3)
 7    shall, when such judgment becomes final, transmit a certified
 8    copy of the judgment to the Secretary of State.
 9    (Source: P.A. 90-231, eff. 1-1-98; revised 10-31-98.)

10        Section  280.  The Commercial Real Estate Broker Lien Act
11    is amended by changing Section 10 as follows:

12        (770 ILCS 15/10) (from Ch. 82, par. 660)
13        Sec. 10.  Broker's lien.
14        (a)  Any broker shall have a lien, upon  commercial  real
15    estate or any interest in that commercial real estate, in the
16    amount that the broker is due:
17             (1)  under  a written instrument signed by the owner
18        of an interest in  the  commercial  real  estate  or  the
19        owner's duly authorized agent; or
20             (2)  (blank); or
21             (3)  under   a   written   instrument  signed  by  a
22        prospective  buyer  or  prospective   tenant   or   their
23        respective  duly  authorized  agent  as  to the purchase,
24        lease, or other conveyance to the buyer or tenant  of  an
25        interest in the commercial real estate.
26        The  lien  shall  be available to the broker named in the
27    instrument signed by the owner, buyer, or tenant and  not  to
28    an employee or independent contractor of the broker.
29        (b)  The   lien  under  this  Act  shall  attach  to  the
30    commercial real estate, or any  interest  in  the  commercial
31    real estate, upon:
32             (1)  the broker being otherwise entitled to a fee or
 
SB745 Engrossed             -1704-             LRB9101253EGfg
 1        commission  under  a  written  instrument  signed  by the
 2        owner, buyer, tenant, or their respective duly authorized
 3        agent, as applicable; and
 4             (2)  except as provided in subsection (c),  (d),  or
 5        (e)  the  broker  recording  a  notice  of  lien  in  the
 6        Recorder's  Office,  or  the  Office  of the Registrar of
 7        Titles, of the county in which the commercial real estate
 8        is located prior to the actual conveyance or transfer  of
 9        the  commercial  real  estate against which the broker is
10        claiming a lien. The lien shall attach as of the date  of
11        the  recording  of the notice of lien and does not relate
12        back to the date of the written agreement.
13        (c)  Except as provided in subsection (d),  when  payment
14    to a broker is due in installments, a portion of which is due
15    only  after the conveyance or transfer of the commercial real
16    estate, any claim for lien for those payments due  after  the
17    transfer or conveyance may be recorded at any time subsequent
18    to  the  transfer or conveyance of the commercial real estate
19    and prior to the date on which the payment is due  but  shall
20    only  be  effective  as  a  lien  against the commercial real
21    estate to the extent monies are still owed to the  transferor
22    by the transferee.  A single claim for lien recorded prior to
23    transfer or conveyance of the commercial real estate claiming
24    all  monies  due under an installment payment agreement shall
25    not be valid or enforceable as it pertains  to  payments  due
26    after  the  transfer or conveyance.  The lien shall attach as
27    of the recording of the notice of lien and not relate back to
28    the date of the written agreement.
29        (d)  In the case of a lease the claim for  lien  must  be
30    recorded  within 90 days after the tenant takes possession of
31    the leased premises unless written  notice  of  the  intended
32    signing  of  the  lease  is  personally  served on the broker
33    entitled to claim a lien at least 10 days prior to  the  date
34    of  the intended signing of the lease in which case the claim
 
SB745 Engrossed             -1705-             LRB9101253EGfg
 1    for lien must be recorded before the date indicated  for  the
 2    signing  of the lease in the notice served on the broker. The
 3    lien shall attach as of the recording of the notice  of  lien
 4    and not relate back to the date of the written agreement.
 5        (e)  If   a   broker  has  a  written  agreement  with  a
 6    prospective buyer or tenant as provided for in paragraph  (3)
 7    of subsection (a) of this Section, then the lien shall attach
 8    upon  the prospective buyer or tenant purchasing, leasing, or
 9    otherwise  accepting  a  conveyance  or   transfer   of   the
10    commercial  real estate and the recording of a notice of lien
11    by the broker in the Recorder's  Office,  or  the  Office  of
12    Registrar  of  Titles,  of  the  county  in  which  the  real
13    property,  or  any  interest in the real property, is located
14    within 90 days after the purchase, lease, or other conveyance
15    or transfer to the buyer or tenant.  The lien shall attach to
16    the interest purchased or leased by the buyer or tenant as of
17    the date of the recording of the notice of lien and does  not
18    relate back to the date of the written agreement.
19        (f)  The  broker  shall  within  10 days of recording its
20    notice of lien mail a copy of the notice of lien to the owner
21    of or record of the commercial real estate by  registered  or
22    certified  mail, with return receipt requested, or personally
23    served on the owner of record or his agent.  If the  lien  is
24    recorded  within  10 days prior to closing, the broker is not
25    required to mail or personally serve a copy of the notice  of
26    lien.  Mailing of the copy of the notice of lien is effective
27    if  mailed  to the address of the commercial real estate that
28    is the subject of the notice of lien.  Mailing of the copy of
29    the notice of claim for lien is effective when  deposited  in
30    the United States mailbox with postage prepaid.  The broker's
31    lien  shall  be  unenforceable  if mailing of the copy of the
32    notice of lien recording does not occur at the  time  and  in
33    the manner required by this Act.
34        (g)  A  broker  may  bring  suit to enforce a lien in the
 
SB745 Engrossed             -1706-             LRB9101253EGfg
 1    Circuit Court in the county where the property is located  by
 2    filing a complaint and sworn affidavit that the lien has been
 3    recorded.
 4        The  person  claiming  a  lien shall, unless the claim is
 5    based upon an option to purchase the commercial real  estate,
 6    within 2 years after recording the lien, commence proceedings
 7    by filing a complaint. Failure to commence proceedings within
 8    2  years  after recording the lien shall extinguish the lien.
 9    No subsequent notice of lien may be given for the same  claim
10    nor  may that claim be asserted in any proceedings under this
11    Act.
12        A person claiming a lien based upon an option to purchase
13    shall, within 6 months after the transfer  or  conveyance  of
14    the  commercial  real estate under the exercise of the option
15    to purchase, commence  proceedings  by  filing  a  complaint.
16    Failure  to  commence  proceedings  within  this  time  shall
17    extinguish  the  lien.   No  subsequent notice of lien may be
18    given for the same claim nor may that claim  be  asserted  in
19    any proceedings under this Act.
20        A  complaint  under  this  Section  shall contain a brief
21    statement of the contract or agreements on which the lien  is
22    founded,  the date when the contract or agreement was made, a
23    description of the services performed,  the  amount  due  and
24    unpaid,  a description of the property that is subject to the
25    lien, and other facts necessary for a full  understanding  of
26    the  rights  of  the  parties.   The plaintiff shall make all
27    interested  parties,  of  whose  interest  the  plaintiff  is
28    notified or has knowledge,  defendants  to  the  action,  and
29    shall  issue  summons  and  provide service as in other civil
30    actions.  When any defendant resides or has gone out  of  the
31    State,  or on inquiry cannot be found, or is concealed within
32    this  State  so  that  process  cannot  be  served  on   that
33    defendant,  the plaintiff shall cause a notice to be given to
34    that defendant, or cause a copy of the complaint to be served
 
SB745 Engrossed             -1707-             LRB9101253EGfg
 1    upon  that  defendant,  in  the  manner  and  upon  the  same
 2    conditions  as  in  other  civil  actions.   Failure  of  the
 3    plaintiff to  provide  proper  summons  or  notice  shall  be
 4    grounds  for  judgment  against the plaintiff with prejudice.
 5    All liens claimed under  this  Act  shall  be  foreclosed  as
 6    provided for in the Illinois Mortgage Foreclosure Law.
 7        (h)  The   lien  notice  shall  state  the  name  of  the
 8    claimant, the  name  of  the  owner,  a  description  of  the
 9    property upon which the lien is being claimed, the amount for
10    which the lien is claimed, and the real estate license number
11    of  the  broker.   The  notice  of lien shall recite that the
12    information contained in the notice is true and  accurate  to
13    the  knowledge  of the signator.  The notice of lien shall be
14    signed by the broker or by a person  authorized  to  sign  on
15    behalf of the broker and shall be verified.
16        (i)  Whenever  a  claim  for lien has been filed with the
17    County Recorder or Registrar of Titles and a condition occurs
18    that would preclude the broker  from  receiving  compensation
19    under the terms of the broker's written agreement, the broker
20    shall  provide  to  the  owner  of  record,  within  10  days
21    following demand by the owner of record, a written release or
22    satisfaction of the lien.
23        (j)  Upon  written  demand of the owner, lienee, or other
24    authorized agent, served on  the  person  claiming  the  lien
25    requiring  suit to be commenced to enforce the lien or answer
26    to be filed in a pending suit, a suit shall be  commenced  or
27    answer  filed within 30 days thereafter, or the lien shall be
28    extinguished.  Service may  be  by  registered  or  certified
29    mail, return receipt requested, or by personal service.
30        (k)  Whenever  a  claim  for lien has been filed with the
31    County Recorder or Registrar of Titles and is paid, or  where
32    there  is  failure  to  institute  a suit to enforce the lien
33    within the time  provided  by  this  Act,  the  broker  shall
34    acknowledge  satisfaction or release of the lien, in writing,
 
SB745 Engrossed             -1708-             LRB9101253EGfg
 1    on written demand of the owner within 5 days after payment or
 2    expiration of the time in which to file the lien.
 3        (l)  The cost of proceedings  asserting  or  defending  a
 4    broker's claim of lien, including reasonable attorneys' fees,
 5    costs,  and prejudgment interests due to the prevailing party
 6    shall be borne by the nonprevailing party or  parties.   When
 7    more  than  one  party  is  responsible  for costs, fees, and
 8    prejudgment  interests,  the  costs,  fees,  and  prejudgment
 9    interests shall be equitably apportioned by the  court  among
10    those responsible parties.
11    (Source: P.A. 90-338, eff. 8-8-97; revised 2-14-99.)

12        Section  281.   The  Horseshoers  Lien  Act is amended by
13    changing Section 1 as follows:

14        (770 ILCS 30/1) (from Ch. 82, par. 201)
15        Sec. 1.  That Every person who, at  the  request  of  the
16    owner or his authorized agent, shall shoe or cause to be shod
17    ,  by his employees any horse, mule, ox or other animal shall
18    have a lien upon the animal shod for  his  reasonable  charge
19    for  shoeing  the  same,  and each lien conferred by this Act
20    shall take precedence of all other liens  or  claims  thereon
21    not  duly  recorded  prior  to  recording  claim  of  lien as
22    hereinafter provided; but such lien shall  not  attach  where
23    the  property  has  changed  ownership prior to the filing of
24    such lien.
25    (Source: Laws 1907, p. 375; revised 10-31-98.)

26        Section 282.  The Liens Against Railroads Act is  amended
27    by changing Section 1 as follows:

28        (770 ILCS 55/1) (from Ch. 82, par. 49)
29        Sec.  1.  That All persons who may have furnished, or who
30    shall hereafter  furnish  to  any  railroad  corporation  now
 
SB745 Engrossed             -1709-             LRB9101253EGfg
 1    existing, or hereafter to be organized under the laws of this
 2    State,  any  fuel, ties, material, supplies, or other article
 3    or  thing  necessary  for  the   construction,   maintenance,
 4    operation  or  repair  of  such  roads, by contract with said
 5    corporation, or who shall have done and performed,  or  shall
 6    hereafter   do  and  perform  any  work  or  labor  for  such
 7    construction,  maintenance,  operation  or  repair  by   like
 8    contract,  shall  be entitled to be paid for the same as part
 9    of the current expenses of said road; and in order to  secure
10    the  same,  shall  have  a  lien upon all the property, real,
11    personal and mixed, of said railroad corporation  as  against
12    such  railroad,  and  as against all mortgages or other liens
13    which shall accrue after the commencement of the delivery  of
14    said  articles,  or  the commencement of said work or labor;:
15    provided, suit shall be commenced within 6 six  months  after
16    such  contractor or laborer shall have completed his contract
17    with said railroad corporation, or  after  such  labor  shall
18    have been performed or material furnished.
19    (Source: Laws 1871-2, p. 279; revised 10-31-98.)

20        Section  283.   The  Mechanics  Lien  Act  is  amended by
21    changing Section 27 as follows:

22        (770 ILCS 60/27) (from Ch. 82, par. 27)
23        Sec. 27. When the owner  or  his  agent  is  notified  as
24    provided  in  this Act, he shall retain from any money due or
25    to become due the contractor, an amount sufficient to pay all
26    demands that are or  will  become  due  such  sub-contractor,
27    tradesman,  materialman  materialmen,  mechanic, or worker of
28    whose claim he is notified, and shall pay over  the  same  to
29    the parties entitled thereto.
30        Such payment shall be as follows:
31        First - All claims for wages shall be paid in full.
32        Second   -  The  claims  of  tradesmen,  materialmen  and
 
SB745 Engrossed             -1710-             LRB9101253EGfg
 1    sub-contractors, who are  entitled  to  liens  pro  rata,  in
 2    proportion  to the amount due them respectively. All payments
 3    made as directed shall, as between such owner and contractor,
 4    be considered the same as if paid  to  such  contractor.  Any
 5    payment  made  by  the  owner  to  the  contractor after such
 6    notice,  without  retaining  sufficient  money  to  pay  such
 7    claims, shall be considered illegal and made in violation  of
 8    the rights of the laborers and sub-contractors and the rights
 9    of  such  laborers and sub-contractors to a lien shall not be
10    affected thereby, but the owner shall not be held  liable  to
11    any  laborer and sub-contractor or other person whose name is
12    omitted from the statement provided for in Sections 5 and 22
13    five (5) and twenty-two of  this  Act,  nor  for  any  larger
14    amount  than  the  sum  therein  named  as  due  such  person
15    (provided  such  omission  is  not made with the knowledge or
16    collusion of the owner), unless previous thereto  or  to  his
17    payment  to  his  contractor, he shall be notified, as herein
18    provided, by such person of their claim and the  true  amount
19    thereof.
20        Third - The balance, if any, to the contractor.
21    (Source: P.A. 81-992; revised 10-31-98.)

22        Section 284.  The Oil and Gas Lien Act of 1989 is amended
23    by changing Sections 2 and 3 as follows:

24        (770 ILCS 70/2) (from Ch. 82, par. 502)
25        Sec.  2.  Persons entitled to lien - amount of lien.  Any
26    person, including the operator,  who  shall,  under  contract
27    with  the  owner  or  operator  of  any  leasehold  or of any
28    pipeline, perform  any  labor  or  furnish  any  material  or
29    services  used  or employed, perform any labor or furnish any
30    material or services used or employed,  or  furnished  to  be
31    used  or  employed  for,  or  preliminary  to,  the drilling,
32    completing, equipping or operating of any  oil  or  gas  well
 
SB745 Engrossed             -1711-             LRB9101253EGfg
 1    upon  such leasehold, or in the construction of any pipeline,
 2    or in the constructing, putting together, or repairing of any
 3    materials so used or employed, or furnished  to  be  used  or
 4    employed, shall be entitled to a lien under this Act, whether
 5    or  not  a producing well is obtained and whether or not such
 6    material  is  incorporated  in  or  becomes  a  part  of  the
 7    completed oil or gas well, or pipeline, for  the  amount  due
 8    him  for  the  performance of such labor or the furnishing of
 9    such  material  or  services,  including  without  limitation
10    transportation and mileage charges connected  therewith,  and
11    interest  as provided by the contract between such person and
12    the owner or operator, or if no interest is provided  for  by
13    contract,  from  the  date  of the filing of the lien, at the
14    rate provided for by statute for judgments.
15    (Source: P.A. 86-377; revised 10-31-98.)

16        (770 ILCS 70/3) (from Ch. 82, par. 503)
17        Sec. 3.  Property Subject to Lien.
18        A.  Liens created under Section 2 shall extend to:
19             1.  the  leasehold  for  which  the   materials   or
20        services  were  furnished,  or  for  which  the labor was
21        performed, and the appurtenance thereunto belonging; and
22             2.  all materials and fixtures owned by the owner or
23        owners  of  such  leasehold  and  used  or  employed,  or
24        furnished  to  be  used  or  employed  in  the  drilling,
25        completing, equipping or operating of any oil or gas well
26        located thereon; and,
27             3.  all oil or gas wells located on such  leasehold,
28        and  the  oil or gas produced therefrom, and the proceeds
29        thereof  inuring  to  the  leasehold  therein   as   such
30        leasehold  interest  existed  on  the date such labor was
31        first performed or such material or services  were  first
32        furnished; and,
33             4.  all   proceeds  of  production  inuring  to  the
 
SB745 Engrossed             -1712-             LRB9101253EGfg
 1        leasehold held by any purchaser of such oil and gas; and,
 2        
 3             5.  the whole of the pipeline to which the materials
 4        or services  were  furnished,  or  for  which  labor  was
 5        performed,  and all buildings and appurtenances thereunto
 6        belonging, including, without limiting the generality  of
 7        the  foregoing,  gates, valves, pumps, pump stations, and
 8        booster stations, and upon  all  materials  and  fixtures
 9        owned  by the owner of such pipeline and used or employed
10        or furnished to be used or employed in  the  construction
11        thereof.; and
12        B.  If  materials  or  services are furnished or labor is
13    performed for only a  portion  of  the  leasehold,  the  lien
14    against  the  leasehold  created by this Act shall be limited
15    to:
16             1.  the minimum surficial acreage for  well  spacing
17        designated  by  the  permittee for a well drilled thereon
18        described as the  establishing  drilling  unit  with  the
19        Department of Natural Resources; and,
20             2.  if no such designation was made by the permittee
21        prior  to  the  filing  of  a claim for lien, the minimum
22        surficial acreage for well spacing designated for a  well
23        drilled   thereon   for   an  established  drilling  unit
24        described in the claim for lien, which will be designated
25        by the court in the foreclosure proceeding.
26        C.  If materials or services are furnished  or  labor  is
27    performed   for   leaseholds,   the  proceeds  of  which  are
28    commingled by   common  storage  or  are  validly  polled  or
29    unitized  by  agreement of the owners thereof or by operation
30    of law or by any order  of  any  agency  having  jurisdiction
31    thereof,  the  lien  shall extend to all of the leaseholds so
32    commingled by common storage, pooling or unitization.
33    (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
 
SB745 Engrossed             -1713-             LRB9101253EGfg
 1        Section 285.  The Illinois Human Rights Act is amended by
 2    changing Sections 7-101, 7A-103, 8-102, 8-105, and  9-101  as
 3    follows:

 4        (775 ILCS 5/7-101) (from Ch. 68, par. 7-101)
 5        Sec.  7-101.  Powers  and  Duties.  In  addition to other
 6    powers and duties prescribed  in  this  Act,  the  Department
 7    shall have the following powers:
 8        (A)  Rules  and Regulations. To adopt, promulgate, amend,
 9    and rescind rules and regulations not inconsistent  with  the
10    provisions   of   this   Act   pursuant   to   the   Illinois
11    Administrative Procedure Act.
12        (B)  Charges. To issue, receive, investigate, conciliate,
13    settle,  and  dismiss  charges  filed in conformity with this
14    Act.
15        (C)  Compulsory Process. To request subpoenas as it deems
16    necessary for its investigations.
17        (D)  Complaints. To file complaints with  the  Commission
18    in conformity with this Act.
19        (E)  Judicial  Enforcement.  To seek temporary relief and
20    to enforce orders of the Commission in conformity  with  this
21    Act.
22        (F)  Equal  Employment Opportunities. To take such action
23    as  may  be  authorized  to  provide  for  equal   employment
24    opportunities and affirmative action.
25        (G)  Recruitment;    Research;    Public   Communication;
26    Advisory Councils. To engage in  such  recruitment,  research
27    and public communication and create such advisory councils as
28    may be authorized to effectuate the purposes of this Act.
29        (H)  Coordination  with  Federal  and  Local Agencies. To
30    coordinate its activities with federal and local agencies  in
31    conformity with this Act.
32        (I)  Public  Grants;  Private  Gifts.  To  accept  public
33    grants and private gifts as may be authorized.
 
SB745 Engrossed             -1714-             LRB9101253EGfg
 1        (J)  Education  and  Training.  To implement a formal and
 2    unbiased program of education and training for all  employees
 3    assigned to investigate and conciliate charges under Articles
 4    7A and 7B. The training program shall include the following:
 5             (1)  substantive   and  procedural  aspects  of  the
 6        investigation and conciliation positions;
 7             (2)  current  issues  in  human   rights   law   and
 8        practice;
 9             (3)  lectures  by  specialists  in substantive areas
10        related to human rights matters;
11             (4)  orientation to each  operational  unit  of  the
12        Department and Commission;
13             (5)  observation     of    experienced    Department
14        investigators  and  attorneys   conducting   conciliation
15        conferences,  combined  with  the  opportunity to discuss
16        evidence presented and rulings made;
17             (6)  the use of  hypothetical  cases  requiring  the
18        Department   investigator   and  conciliation  conference
19        attorney to issue judgments  as  a  means  to  evaluating
20        knowledge and writing ability;
21             (7)  writing skills;
22             (8)  computer  skills,  including but not limited to
23        word processing and document management.
24        A formal, unbiased and ongoing  professional  development
25    program  including, but not limited to, the above-noted areas
26    shall be implemented to  keep  Department  investigators  and
27    attorneys  informed  of recent developments and issues and to
28    assist them in maintaining and enhancing  their  professional
29    competence.
30    (Source: P.A. 89-370, eff. 8-18-95; revised 10-31-98.)

31        (775 ILCS 5/7A-103) (from Ch. 68, par. 7A-103)
32        Sec. 7A-103.  Settlement.
33        (A)  Circumstances.   A settlement of any charge prior to
 
SB745 Engrossed             -1715-             LRB9101253EGfg
 1    the filing of a complaint may be effectuated at any time upon
 2    agreement of the parties and the approval of the  Department.
 3    A  settlement  of  any charge after the filing of a complaint
 4    shall be effectuated as specified in Section  8-105(A)(2)  of
 5    this Act.
 6        (B)  Form.  Settlements of charges prior to the filing of
 7    complaints  shall  be  reduced  to writing by the Department,
 8    signed by the parties, and submitted by the Department to the
 9    Commission for approval. Settlements  of  charges  after  the
10    filing  of  complaints  shall  be effectuated as specified in
11    Section 8-105(A)(2) of this Act.
12        (C)  Violation.
13             (1)  When either party  alleges  that  a  settlement
14        order  has been violated, the Department shall conduct an
15        investigation into the matter.
16             (2)  Upon   finding    substantial    evidence    to
17        demonstrate  that  a  settlement  has  been violated, the
18        Department  shall  file  notice  of  a  settlement  order
19        violation with the Commission and serve all parties.
20        (D)  Dismissal For Refusal To  Accept  Settlement  Offer.
21    The  Department  shall  dismiss  a  charge if it is satisfied
22    that:
23             (1)  the respondent has eliminated  the  effects  of
24        the  civil  rights  violation  charged and taken steps to
25        prevent its repetition; or
26             (2)  the  respondent  offers  and  the   complainant
27        declines   to   accept  terms  of  settlement  which  the
28        Department finds are sufficient to eliminate the  effects
29        of  the  civil  rights  violation charged and prevent its
30        repetition.
31        (3)  When the Department dismisses a  charge  under  this
32    Section  it  shall  notify the complainant that he or she may
33    seek review of the dismissal order  before  the  Chief  Legal
34    Counsel  of  the  Department.   The complainant shall have 30
 
SB745 Engrossed             -1716-             LRB9101253EGfg
 1    days from receipt of notice to file a request for  review  by
 2    the Chief Legal Counsel of the Department.
 3        (4)  In determining whether the respondent has eliminated
 4    the  effects  of  the  civil rights violation charged, or has
 5    offered terms of settlement sufficient to eliminate same, the
 6    Department shall consider the extent to which the  respondent
 7    has  either  fully  provided, or reasonably offered by way of
 8    terms of settlement, as the case may be, the relevant  relief
 9    available to the complainant under Section 8-108 of this Act.
10        (E)  This  amendatory  Act  of  1995 applies to causes of
11    action filed on or after January 1, 1996.
12    (Source: P.A. 89-370, eff. 8-18-95; revised 10-31-98.)

13        (775 ILCS 5/8-102) (from Ch. 68, par. 8-102)
14        Sec. 8-102. Powers and Duties.  )   In  addition  to  the
15    other   powers   and  duties  prescribed  in  this  Act,  the
16    Commission shall have the following powers and duties:
17        (A)  Meetings.  To meet and function at any place  within
18    the State.
19        (B)  Offices.   To  establish  and  maintain  offices  in
20    Springfield and Chicago.
21        (C)  Employees.   To  select  and fix the compensation of
22    such  technical  advisors  and  employees  as  it  may   deem
23    necessary pursuant to the provisions of "The Personnel Code".
24        (D)  Hearing   Officers.    To   select   and   fix   the
25    compensation  of hearing officers who shall be attorneys duly
26    licensed  to  practice  law  in  this  State  and  full  time
27    employees of the Commission.
28        A  formal  and  unbiased  training  program  for  hearing
29    officers shall be implemented.  The  training  program  shall
30    include the following:
31             (1)  substantive   and  procedural  aspects  of  the
32        hearing officer position;
33             (2)  current  issues  in  human   rights   law   and
 
SB745 Engrossed             -1717-             LRB9101253EGfg
 1        practice;
 2             (3)  lectures  by  specialists  in substantive areas
 3        related to human rights matters;
 4             (4)  orientation to each  operational  unit  of  the
 5        Department and Commission;
 6             (5)  observation  of  experienced  hearing  officers
 7        conducting   hearings   of   cases,   combined  with  the
 8        opportunity to discuss  evidence  presented  and  rulings
 9        made;
10             (6)  the  use  of  hypothetical  cases requiring the
11        hearing  officer  to  issue  judgments  as  a  means   to
12        evaluating knowledge and writing ability;
13             (7)  writing skills;
14             (8)  computer  skills,  including but not limited to
15        word processing and document management.
16        A formal, unbiased and ongoing  professional  development
17    program  including, but not limited to, the above-noted areas
18    shall be implemented to keep  hearing  officers  informed  of
19    recent   developments  and  issues  and  to  assist  them  in
20    maintaining and enhancing their professional competence.
21        (E)  Rules and Regulations.  To adopt, promulgate, amend,
22    and rescind rules and regulations not inconsistent  with  the
23    provisions   of   this   Act   pursuant   to   the   Illinois
24    Administrative Procedure Act.
25        (F)  Compulsory Process.  To issue and authorize requests
26    for  enforcement  of  subpoenas  and other compulsory process
27    established by this Act.
28        (G)  Decisions.   Through  a  panel  of   three   members
29    designated  by the Chairperson on a random basis, to hear and
30    decide by majority vote complaints filed in  conformity  with
31    this Act and to approve proposed settlements.
32        (H)  Rehearings.   To  order,  by  a  vote  of 6 members,
33    rehearing of  its  decisions  by  the  entire  Commission  in
34    conformity with this Act.
 
SB745 Engrossed             -1718-             LRB9101253EGfg
 1        (I)  Judicial  Enforcement.   To  authorize  requests for
 2    judicial enforcement of its orders in  conformity  with  this
 3    Act.
 4        (J)  Opinions.    To  publish  its  decisions  in  timely
 5    fashion to assure a consistent source of precedent.
 6        (K)  Public Grants;  Private  Gifts.   To  accept  public
 7    grants and private gifts as may be authorized.
 8        (L)  Interpreters.   To  appoint  at  the  expense of the
 9    Commission a qualified sign language interpreter  whenever  a
10    hearing  impaired  person  is  a party or witness at a public
11    hearing.
12        (M)  Automated Processing Plan.  To prepare an electronic
13    data processing and telecommunications plan jointly with  the
14    Department in accordance with Section 7-112.
15        (N)  The  provisions  of  this  amendatory  Act  of  1995
16    amending  subsection  (G)  of this Section apply to causes of
17    action filed on or after January 1, 1996.
18    (Source: P.A. 89-370, eff. 8-18-95; revised 10-31-98.)

19        (775 ILCS 5/8-105) (from Ch. 68, par. 8-105)
20        Sec. 8-105.  Settlement.
21        (A)  Approval.
22             (1)  When a proposed settlement is submitted by  the
23        Department, the Commission, through a panel of 3 members,
24        shall   determine   whether  to  approve  its  terms  and
25        conditions.
26             (2)  A  settlement  of   any   complaint   and   its
27        underlying  charge  or  charges may be effectuated at any
28        time upon agreement of the parties, with or  without  the
29        Commission's  approval, and shall act as a full and final
30        resolution of the matter.  If the parties desire that the
31        Commission  retain  jurisdiction  over  the  matter   for
32        purposes  of  enforcing  the terms of the settlement, the
33        terms shall be reduced to writing, signed by the parties,
 
SB745 Engrossed             -1719-             LRB9101253EGfg
 1        and  submitted  to  the  Commission  for  approval.   The
 2        Commission, through a panel of 3 members, shall determine
 3        whether to approve the settlement.
 4             (3)  Approval   of   the   settlement    shall    be
 5        accomplished  by  an order, served on the parties and the
 6        Department, in accord  with  the  written  terms  of  the
 7        settlement.
 8        (B)  Violation.   When  the  Department files notice of a
 9    settlement order violation, the Commission, through  a  panel
10    of  three  members,  may  either order the Department to seek
11    enforcement of the settlement order pursuant to paragraph (B)
12    of Section 8-111 or remand for any type of hearing as it  may
13    deem necessary pursuant to paragraph (D) of Section 8A-103.
14        (C)  Dismissal  for  Refusal  to Accept Settlement Offer.
15    The Commission shall dismiss a complaint and  the  underlying
16    charge  or  charges  of  the  complaint  if the Commission is
17    satisfied that:
18             1.  the respondent has eliminated the effects of the
19        civil rights violation charged and taken steps to prevent
20        repetition of the violation; or
21             2.  the  respondent  offers  and   the   complainant
22        declines  to  accept  the  terms  of  settlement that the
23        Commission determines are  sufficient  to  eliminate  the
24        effect  of  the  civil  rights  violation  charged and to
25        prevent repetition of the violation. ; or
26        In determining whether the respondent has eliminated  the
27    effects of the civil rights violation charged, or has offered
28    terms   of  settlement  sufficient  to  eliminate  same,  the
29    Commission shall consider the extent to which the  respondent
30    has  either  fully  provided, or reasonably offered by way of
31    terms of settlement, as the case may be, the relevant  relief
32    available  to  the  complainant  under Section 8A-104 of this
33    Act.
34        At any time after the service of a complaint pursuant  to
 
SB745 Engrossed             -1720-             LRB9101253EGfg
 1    Section  8A-102  of  this  Act,  and  prior  to  service of a
 2    decision prepared pursuant to Section 8A-102(I), a respondent
 3    may move for a recommended order dismissing a  complaint  and
 4    the underlying charge or charges for complainant's refusal to
 5    accept  terms  of settlement that are sufficient to eliminate
 6    the effects of the civil  rights  violation  charged  in  the
 7    complaint  and  to  eliminate  repetition  of  the violation.
 8    Respondent's motion and complainant's reply,  if  any,  shall
 9    comply  with  the requirements for summary decision set forth
10    in Section 8-106.1 of this Act.
11        (D)  This amendatory Act of 1996  applies  to  causes  of
12    action filed on or after January 1, 1996.
13    (Source:  P.A.  89-370,  eff.  8-18-95; 89-520, eff. 7-18-96;
14    revised 10-31-98.)

15        (775 ILCS 5/9-101) (from Ch. 68, par. 9-101)
16        Sec. 9-101. Transfer; savings. )
17        (A) Personnel.
18             (1) All personnel previously assigned  to  the  Fair
19        Employment  Practices  Commission,  Department  of  Equal
20        Employment  Opportunity,  and  Human Relations Commission
21        shall be transferred, in accordance with this Act to  the
22        Department or Commission.
23             (2)  The  rights  of  employees,  the state, and its
24        executive  agencies  under  the   Personnel   Code,   any
25        collective   bargaining   agreement,   or   any  pension,
26        retirement or annuity plan shall not be affected by  this
27        Act.
28        (B)  Documents;  Property.  All  books,  records, papers,
29    documents,  and  property  in  the  possession  of  the  Fair
30    Employment  Practices   Commission,   Department   of   Equal
31    Employment  Opportunity, and Human Relations Commission shall
32    be transferred, in accordance with this Act to the Department
33    or Commission.
 
SB745 Engrossed             -1721-             LRB9101253EGfg
 1        (C)  Service of Documents; Response  to  Subpoenas.   Any
 2    report,  notice,  paper,  document  or response to a subpoena
 3    which previously had to be made, given, furnished  or  served
 4    to   or   upon  the  Fair  Employment  Practices  Commission,
 5    Department  of  Equal  Employment   Opportunity   and   Human
 6    Relations  Commission  shall  be  made,  given,  furnished or
 7    served, in accordance with this Act to the Department.
 8        (D)  Rules  and  Regulations.  No  rule   or   regulation
 9    promulgated  by  the  Fair  Employment  Practices Commission,
10    Department  of  Equal  Employment   Opportunity,   or   Human
11    Relations Commission, including those now in effect and those
12    filed  pursuant to the Illinois Administrative Procedure Act,
13    shall be abrogated by this Act. In accordance with  this  Act
14    they  shall be deemed rules and regulations of the Department
15    or the Commission.
16        (E)  Completed Acts. This Act shall not  affect  any  act
17    completed,  ratified  or  confirmed  or any action taken in a
18    judicial proceeding by or any right  accrued  or  established
19    under   the   authority  of  the  Fair  Employment  Practices
20    Commission, Department of Equal Employment Opportunity, Human
21    Relations Commission. Such actions  shall  be  continued,  in
22    accordance with this Act, by the Department or Commission.
23        (F)  Appropriations.  Appropriations  made  to or for the
24    use of the Fair Employment Practices  Commission,  Department
25    of   Equal   Employment   Opportunity,  and  Human  Relations
26    Commission shall be transferred, in accordance  with  Section
27    9b  of  the  State  Finance  Act "An Act in relation to State
28    finance", approved  June  10,  1919,  to  the  Department  or
29    Commission.
30    (Source: P.A. 81-1216, revised 10-31-98.)

31        Section  286.   The  Business  Corporation Act of 1983 is
32    amended by changing Section 5.10 as follows:
 
SB745 Engrossed             -1722-             LRB9101253EGfg
 1        (805 ILCS 5/5.10) (from Ch. 32, par. 5.10)
 2        Sec.  5.10.   (a)  A  Change  of  registered  office   or
 3    registered agent.
 4        (a)  A  domestic corporation or a foreign corporation may
 5    from time to  time  change  the  address  of  its  registered
 6    office.    A  domestic  corporation  or a foreign corporation
 7    shall change its registered agent if the office of registered
 8    agent  shall  become  vacant  for  any  reason,  or  if   its
 9    registered  agent  becomes  disqualified  or incapacitated to
10    act, or if the corporation revokes  the  appointment  of  its
11    registered agent.
12        (b)  A  domestic corporation or a foreign corporation may
13    change the address of its registered  office  or  change  its
14    registered  agent,  or  both,  by  executing  and  filing, in
15    duplicate, in accordance with Section  1.10  of  this  Act  a
16    statement setting forth:
17             (1)  The name of the corporation.
18             (2)  The  address,  including  street and number, or
19        rural route number, of its then registered office.
20             (3)  If the address  of  its  registered  office  be
21        changed,  the  address,  including  street and number, or
22        rural route number, to which the registered office is  to
23        be changed.
24             (4)  The name of its then registered agent.
25             (5)  If its registered agent be changed, the name of
26        its successor registered agent.
27             (6)  That  the  address of its registered office and
28        the address of the  business  office  of  its  registered
29        agent, as changed, will be identical.
30             (7)  That  such  change was authorized by resolution
31        duly adopted by the board of directors.
32        (c)  (Blank).
33        (d)  If the registered office is changed from one  county
34    to  another  county, then the corporation shall also file for
 
SB745 Engrossed             -1723-             LRB9101253EGfg
 1    record within the time prescribed by this Act in  the  office
 2    of the recorder of the county to which such registered office
 3    is changed:
 4             (1)  In the case of a domestic corporation:
 5                  (i)  A  copy  of  its articles of incorporation
 6             certified by the Secretary of State.
 7                  (ii)  A copy of  the  statement  of  change  of
 8             address  of  its registered office, certified by the
 9             Secretary of State.
10             (2)  In the case of a foreign corporation:
11                  (i)  A copy of its certificate of authority  to
12             transact  business in this State, with a copy of its
13             application therefor affixed thereto,  certified  by
14             the Secretary of State.
15                  (ii)  A   copy   of   all  amendments  to  such
16             certificate of authority, if any, likewise certified
17             by the Secretary of State.
18                  (iii)  A copy of the  statement  of  change  of
19             address  of  its  registered office certified by the
20             Secretary of State.
21        (e)  The change of address of the registered  office,  or
22    the  change of registered agent, or both, as the case may be,
23    shall become effective upon the filing of such  statement  by
24    the Secretary of State.
25    (Source: P.A. 88-691, eff. 1-24-95; revised 10-31-98.)

26        Section 287.  The Illinois Development Credit Corporation
27    Act is amended by changing Section 8 as follows:

28        (805 ILCS 35/8) (from Ch. 32, par. 1008)
29        Sec.   8.   When   the   applicants  have  completed  the
30    organization of the proposed development credit  corporation,
31    they   shall   file   with  the  Director  a  certificate  of
32    organization executed by its president and  attested  by  its
 
SB745 Engrossed             -1724-             LRB9101253EGfg
 1    secretary and with its seal affixed thereto, certifying:
 2             (1)  the   name   and   addresses   of  all  of  its
 3        subscribers of stock, the number of shares subscribed and
 4        the number of shares fully paid for by each;
 5             (2)  the total number of shares subscribed, but  not
 6        fully paid for;
 7             (3)  the total number of shares paid in full;
 8             (4)  the  name and address of any depositary holding
 9        on  deposit  any  funds   of   the   development   credit
10        corporation;
11             (5)  the  names  and  addresses  of the officers and
12        members of  the  executive  committee,  if  any,  of  the
13        development credit corporation.
14        The certificate of organization of the applicant shall be
15    accompanied by:
16             (1)  the   certificate   of   any  named  depositary
17        certifying the amount of funds on deposit to  the  credit
18        of the development credit corporation;
19             (2)  any  bylaws  or  resolutions  which  have  been
20        adopted.
21    (Source: Laws 1965, p. 577; revised 10-31-98.)

22        Section  288.  The General Not For Profit Corporation Act
23    of 1986 is amended by changing Sections 105.10 and 111.25  as
24    follows:

25        (805 ILCS 105/105.10) (from Ch. 32, par. 105.10)
26        Sec.  105.10.   Change of registered office or registered
27    agent.
28        (a)  A domestic corporation or a foreign corporation  may
29    from  time  to  time  change  the  address  of its registered
30    office.  A domestic  corporation  or  a  foreign  corporation
31    shall change its registered agent if the office of registered
32    agent   shall  become  vacant  for  any  reason,  or  if  its
 
SB745 Engrossed             -1725-             LRB9101253EGfg
 1    registered agent becomes  disqualified  or  incapacitated  to
 2    act,  or  if  the  corporation revokes the appointment of its
 3    registered agent.
 4        (b)  A domestic corporation or a foreign corporation  may
 5    change  the  address  of  its registered office or change its
 6    registered agent,  or  both,  by  executing  and,  filing  in
 7    duplicate,  in  accordance with Section 101.10 of this Act, a
 8    statement setting forth:
 9             (1)  the name of the corporation;
10             (2)  the address, including street  and  number,  or
11        rural route number, of its then registered office;
12             (3)  if  the  address  of  its  registered office be
13        changed, the address, including  street  and  number,  or
14        rural  route number, to which the registered office is to
15        be changed;
16             (4)  the name of its then registered agent;
17             (5)  if its registered agent be changed, the name of
18        its successor registered agent;
19             (6)  that the address of its registered  office  and
20        the  address  of  the  business  office of its registered
21        agent, as changed, will be identical;
22             (7)  that such change was authorized  by  resolution
23        duly adopted by the board of directors.
24        (c)  (Blank).
25        (d)  If  the registered office is changed from one county
26    to another county, then the corporation shall also  file  for
27    record  within  the time prescribed by this Act in the office
28    of the Recorder of the county to which such registered office
29    is changed:
30             (1)  In the case of a domestic corporation:
31                  (i)  A copy of its  articles  of  incorporation
32             certified by the Secretary of State.
33                  (ii)  A  copy  of  the  statement  of change of
34             address of its registered office, certified  by  the
 
SB745 Engrossed             -1726-             LRB9101253EGfg
 1             Secretary of State.
 2             (2)  In the case of a foreign corporation:
 3                  (i)  A  copy of its certificate of authority to
 4             transact business in this State, with a copy of  its
 5             application  therefor  affixed thereto, certified by
 6             the Secretary of State.
 7                  (ii)  A  copy  of  all   amendments   to   such
 8             certificate of authority, if any, likewise certified
 9             by the Secretary of State.
10                  (iii)  A  copy  of  the  statement of change of
11             address of its registered office  certified  by  the
12             Secretary of State.
13        (e)  The  change  of address of the registered office, or
14    the change of registered agent, or both, as the case may  be,
15    shall  become  effective upon the filing of such statement by
16    the Secretary of State.
17    (Source: P.A. 88-691, eff. 1-24-95; revised 10-31-98.)

18        (805 ILCS 105/111.25) (from Ch. 32, par. 111.25)
19        Sec. 111.25.  Articles of merger or consolidation.
20        (a)  Articles  of  merger  or  consolidation   shall   be
21    executed  by  each  corporation  and  filed  in  duplicate in
22    accordance with Section 101.10 of  this  Act  and  shall  set
23    forth:
24             (1)  the name of each corporation;
25             (2)  the plan of merger or consolidation;
26             (3)  as to each corporation where the plan of merger
27        or  consolidation  was adopted pursuant Section 111.15 of
28        this Act:
29                  (i)  a statement that  the  plan  received  the
30             affirmative  vote  of a majority of the directors in
31             office, at a meeting of the board of directors,  and
32             the date of the meeting; or
33                  (ii)  a  statement that the plan was adopted by
 
SB745 Engrossed             -1727-             LRB9101253EGfg
 1             written consent, signed  by  all  the  directors  in
 2             office,  in  compliance  with Section 108.45 8.45 of
 3             this Act; and
 4             (4)  as to each corporation where the plan of merger
 5        or consolidation was adopted pursuant Section  111.20  of
 6        this Act:
 7                  (i)  a statement that the plan was adopted at a
 8             meeting  of  members  by  the  affirmative  vote  of
 9             members  having  not less than the minimum number of
10             votes necessary to adopt the plan,  as  provided  by
11             this  Act,  the  articles  of  incorporation, or the
12             bylaws, and the date of the meeting; or
13                  (ii)  a statement that the plan was adopted  by
14             written  consent,  signed by members having not less
15             than the minimum number of votes necessary to  adopt
16             the  plan,  as provided by this Act, the articles of
17             incorporation or  the  bylaws,  in  compliance  with
18             Section 107.10 of this Act.
19        (b)  When  the  provisions  of  this  Section  have  been
20    complied   with,   the  Secretary  of  State  shall  issue  a
21    certificate of merger or consolidation.
22    (Source: P.A. 84-1423; revised 10-31-98.)

23        Section 289.  The Religious Corporation Act is amended by
24    changing Sections 36 and 46b as follows:

25        (805 ILCS 110/36) (from Ch. 32, par. 165)
26        Sec. 36.  The  chairman  or  secretary  of  such  meeting
27    shall, as soon as may be after such meeting, make and file in
28    the  office  of  the  recorder  in  the  county in which such
29    congregation, church or society is organized (which shall  be
30    recorded by such recorder) an affidavit, substantially in the
31    following form:
32    State of Illinois,)
 
SB745 Engrossed             -1728-             LRB9101253EGfg
 1                      ) ss.
 2    .......... County.)
 3        I,  ....,  do  solemnly swear (or affirm, as the case may
 4    be), that at a meeting of the members of the (here insert the
 5    name of the church, society or congregation, as known  before
 6    incorporation),  held  at  (here insert place of meeting), in
 7    the County of ...., and State of Illinois, on (insert date),
 8    the .... day of ...., 19.., for that purpose,  the  following
 9    persons were elected (or appointed) (here insert their names)
10    trustees  (or wardens, vestrymen or officers by whatever name
11    they choose to adopt,  with  powers  and  duties  similar  to
12    trustees), according to the rules and usages of such (church,
13    society  or  congregation).   And  the  (church,  society  or
14    congregation)  adopted as its corporate name (here insert the
15    name).  And at the meeting this affiant acted as (chairman or
16    secretary, as the case may be).
17        Subscribed and sworn to before me on (insert date).  this
18    .... day of ...., 19...
19                              ............... (Name of affiant.).
20        Such  congregation, church or society may change its name
21    or  make  other  amendment  to  its  original  affidavit   of
22    incorporation  by  passing  a resolution of such amendment in
23    accordance with the rules and usages  of  such  congregation,
24    church  or  society and filing an affidavit to that effect in
25    the office of the  recorder  in  the  county  in  which  such
26    congregation, church or society is located.
27        Such  affidavit,  or a copy thereof duly certified by the
28    recorder,  shall  be  received  as  evidence   of   the   due
29    incorporation of such congregation, church or society.
30    (Source: P.A. 84-551; revised 10-20-98.)

31        (805 ILCS 110/46b) (from Ch. 32, par. 177)
32        Sec.  46b.  The  presiding  officer,  or  duly authorized
33    representative of any ecclesiastical body,  or  diocesan,  or
 
SB745 Engrossed             -1729-             LRB9101253EGfg
 1    like  ecclesiastical officer having jurisdiction agreeably to
 2    the laws of any sect or denomination over such ecclesiastical
 3    district or diocese, shall, as soon  as  may  be  after  such
 4    appointment,  make  and file in the office of the recorder in
 5    the county of which such congregation, church, or society  is
 6    organized,  an  affidavit,  (which  shall be recorded by such
 7    recorder), substantially in the following form:
 8    State of Illinois,)
 9                      ) ss.
10    County of ........)
11        I, ...., do solemnly swear (or affirm, as  the  case  may
12    be),  that  the  following  persons (here insert their names)
13    were appointed trustees (or wardens, vestrymen, or  officers,
14    by  whatever  name is adopted, with powers and duties similar
15    with trustees) of (here insert the name of the  congregation,
16    church,  society  or  corporation) according to the usages or
17    customs  (rule,   regulations,   articles   of   association,
18    constitution,  by-laws, or canons, as the case may be) by the
19    (synod,   presbytery,   conference,   convention,    council,
20    episcopate, or like ecclesiastical body, or diocesan, or like
21    ecclesiastical officer, as the case may be), (here insert the
22    name   of   the   congregation,  church,  society,  sect,  or
23    denomination,   having   charge   or   control   over    such
24    congregation,  church,  society  or corporation) under and by
25    virtue of sections 46a, 46b, 46c, 46d, 46e, 46f, 46g and 46h,
26    of "An act concerning corporations," approved April 18, 1872,
27    and  the  (church,  society  or  congregation,  or  trustees)
28    adopted as the corporate name (here insert name).
29                             ....................................
30                             (Name of affiant and title, if any.)
31        Subscribed and sworn to before me on (insert date).  this
32    .... day of ...., 19...

33        Such  affidavit,  or  copy thereof, duly certified by the
34    recorder,  shall  be  received  as  evidence   of   the   due
 
SB745 Engrossed             -1730-             LRB9101253EGfg
 1    incorporation of such congregation, church or society.
 2    (Source: P.A. 83-358; revised 10-20-98.)

 3        Section  290.   The Uniform Commercial Code is amended by
 4    changing Sections 9-307, 9-313, 9-402, 9-403,  and  9-501  as
 5    follows:

 6        (810 ILCS 5/9-307) (from Ch. 26, par. 9-307)
 7        Sec. 9-307.  Protection of Buyers of Goods.
 8        (1)  Except as provided in subsection (4), a buyer in the
 9    ordinary  course of business, as defined in subsection (9) of
10    Section 1-201, takes free of a security interest  created  by
11    his seller even though the security interest is perfected and
12    even though the buyer knows of its existence.
13        (2)  In the case of consumer goods, a buyer takes free of
14    a  security interest even though perfected if he buys without
15    knowledge of the security interest, for value and for his own
16    personal, family or household purposes unless  prior  to  the
17    purchase  the  secured  party has filed a financing statement
18    covering such goods.
19        (3)  A buyer other than a buyer  in  ordinary  course  of
20    business  (subsection  (1)  of  this Section) takes free of a
21    security interest  to  the  extent  that  it  secures  future
22    advances  made  after the secured party acquires knowledge of
23    the purchase, or  more  than  45  days  after  the  purchase,
24    whichever  first occurs, unless made pursuant to a commitment
25    entered into without knowledge of the purchase and before the
26    expiration of the 45 day period.
27        (4)  A buyer of farm products takes subject to a security
28    interest created by the seller if:
29             (a)  within one year before the  sale  of  the  farm
30        products,  the  buyer has received from the secured party
31        or the seller written notice  of  the  security  interest
32        organized according to farm products that:
 
SB745 Engrossed             -1731-             LRB9101253EGfg
 1                  (i)  is an original or reproduced copy thereof;
 2                  (ii)  contains:,
 3                       (I)  the  name  and address of the secured
 4                  party;
 5                       (II)  the name and address of  the  person
 6                  indebted to the secured party;
 7                       (III)  the  social  security number of the
 8                  debtor or,  in  the  case  of  a  debtor  doing
 9                  business  other  than  as  an  individual,  the
10                  Internal      Revenue      Service     taxpayer
11                  identification number of such debtor; and
12                       (IV)  a description of the  farm  products
13                  subject to the security interest created by the
14                  debtor,  including  the amount of such products
15                  where applicable,  crop  year,  county,  and  a
16                  reasonable description of the property;
17                  (iii)  must  be  amended  in  writing, within 3
18             months, similarly signed and transmitted, to reflect
19             material changes;
20                  (iv)  will  lapse  on  either  the   expiration
21             period  of  the  statement  or the transmission of a
22             notice  signed  by  the  secured  party   that   the
23             statement has lapsed, whichever occurs first; and
24                  (v)  sets forth any payment obligations imposed
25             on  the buyer by the secured party as conditions for
26             waiver or release of the security interest; and
27             (b)  the buyer has failed  to  perform  the  payment
28        obligations.
29        For  the purposes of this subsection (4), a buyer of farm
30    products has received notice from the secured party or seller
31    when written notice of the security interest is sent  to  the
32    buyer by registered or certified mail.
33    (Source: P.A. 84-1372; revised 10-31-98.)
 
SB745 Engrossed             -1732-             LRB9101253EGfg
 1        (810 ILCS 5/9-313) (from Ch. 26, par. 9-313)
 2        Sec. 9-313. Priority of Security Interests in Fixtures.
 3        (1)  In  this  Section and in the provisions of Part 4 of
 4    this Article referring to fixture filing, unless the  context
 5    otherwise requires:
 6             (a)  Goods   are  "fixtures"  when  they  become  so
 7        related to particular real estate  that  an  interest  in
 8        them arises under real estate law.
 9             (b)  A  "fixture filing" is the filing in the office
10        where a mortgage on the real estate  would  be  filed  or
11        recorded  of  a  financing statement covering goods which
12        are or are to  become  fixtures  and  conforming  to  the
13        requirements of subsection (5) of Section 9-402.
14             (c)  A  mortgage is a "construction mortgage" to the
15        extent that it secures an  obligation  incurred  for  the
16        construction  of  an  improvement  on  land including the
17        acquisition cost of the land, if the recorded writing  so
18        indicates.
19        (2)  A  security  interest  under  this  Article  may  be
20    created  in goods which are fixtures or may continue in goods
21    which become fixtures, but no security interest exists  under
22    this Article in ordinary building materials incorporated into
23    an improvement on land.
24        (3)  This   Article  does  not  prevent  creation  of  an
25    encumbrance upon fixtures pursuant to real estate law.
26        (4)  A  perfected  security  interest  in  fixtures   has
27    priority  over the conflicting interest of an encumbrancer or
28    owner of the real estate where:
29             (a)  the  security  interest  is  a  purchase  money
30        security interest, the interest of  the  encumbrancer  or
31        owner  arises  before  the  goods  become  fixtures,  the
32        security interest is perfected by a fixture filing before
33        the  goods  become fixtures or within 10 days thereafter,
34        and the debtor has an interest  of  record  in  the  real
 
SB745 Engrossed             -1733-             LRB9101253EGfg
 1        estate or is in possession of the real estate; or
 2             (b)  the security interest is perfected by a fixture
 3        filing  before  the interest of the encumbrancer or owner
 4        is of record, the security interest has priority over any
 5        conflicting interest of a predecessor  in  title  of  the
 6        encumbrancer  or owner, and the debtor has an interest of
 7        record in the real estate or is in possession of the real
 8        estate; or
 9             (c)  the fixtures are readily removable  factory  or
10        office  machines  or  readily  removable  replacements of
11        domestic appliances which are consumer goods, and  before
12        the  goods  become  fixtures  the  security  interest  is
13        perfected by any method permitted by this Article; or
14             (d)  the  conflicting interest is a lien on the real
15        estate obtained by legal or equitable  proceedings  after
16        the   security  interest  was  perfected  by  any  method
17        permitted by this Article.
18        (5)  A security interest  in  fixtures,  whether  or  not
19    perfected,  has  priority over the conflicting interest of an
20    encumbrancer or owner of the real estate where:
21             (a)  the encumbrancer  or  owner  has  consented  in
22        writing  to  the  security  interest or has disclaimed an
23        interest in the goods as fixtures; or
24             (b)  the debtor has a right to remove the  goods  as
25        against  the encumbrancer or owner. If the debtor's right
26        terminates,  the  priority  of  the   security   interest
27        continues for a reasonable time.
28        (6)  Notwithstanding  paragraph (a) of subsection (4) but
29    otherwise subject to subsections  (4)  and  (5),  a  security
30    interest   in  fixtures  is  subordinate  to  a  construction
31    mortgage recorded before the goods  become  fixtures  if  the
32    goods   become   fixtures   before   the  completion  of  the
33    construction. To the extent that it is given to  refinance  a
34    construction  mortgage,  a  mortgage has this priority to the
 
SB745 Engrossed             -1734-             LRB9101253EGfg
 1    same extent as the construction mortgage.
 2        (7)  In cases not within  the  preceding  subsections,  a
 3    security   interest   in   fixtures  is  subordinate  to  the
 4    conflicting interest of  an  encumbrancer  or  owner  of  the
 5    related real estate who is not the debtor.
 6        (8)  When  the secured party has priority over all owners
 7    and encumbrancers of the real estate,  he  may,  on  default,
 8    subject  to  the  provisions of Part 5, remove his collateral
 9    from the real estate but he must reimburse  any  encumbrancer
10    or owner of the real estate who is not the debtor and who has
11    not  otherwise  agreed for the cost of repair of any physical
12    injury, but not for any  diminution  in  value  of  the  real
13    estate  caused  by the absence of the goods removed or by any
14    necessity  of  replacing   them.   A   person   entitled   to
15    reimbursement  may  refuse  permission  to  remove  until the
16    secured party gives adequate security for the performance  of
17    this obligation.
18    (Source: P.A. 78-238; revised 10-31-98.)

19        (810 ILCS 5/9-402) (from Ch. 26, par. 9-402)
20        Sec.  9-402.   Formal  requisites of financing statement;
21    amendments; mortgage as financing statement.
22        (1) A financing statement is sufficient if it  gives  the
23    names  of  the debtor and the secured party, is signed by the
24    debtor, gives an address of  the  secured  party  from  which
25    information concerning the security interest may be obtained,
26    gives  a  mailing  address  of  the  debtor  and  contains  a
27    statement  indicating  the types, or describing the items, of
28    collateral. A financing  statement  may  be  filed  before  a
29    security  agreement  is made or a security interest otherwise
30    attaches. When a financing statement filed prior  to  January
31    1,  1996,  covers crops growing or to be grown, the statement
32    must also contain a legal  description  of  the  real  estate
33    concerned.  If  a financing statement covers crops growing or
 
SB745 Engrossed             -1735-             LRB9101253EGfg
 1    to be grown and includes a description  of  the  real  estate
 2    concerned,  the  description is sufficient if it includes the
 3    quarter section, section, township and range, and the name of
 4    a record owner if other than the debtor, of the  real  estate
 5    concerned.   When the financing statement covers timber to be
 6    cut or covers minerals or the like (including oil and gas) or
 7    accounts subject to subsection (5) of Section 9-103, or  when
 8    the financing statement is filed as a fixture filing (Section
 9    9-313) and the collateral is goods which are or are to become
10    fixtures, the statement must also comply with subsection (5).
11    A copy of the security agreement is sufficient as a financing
12    statement  if it contains the above information and is signed
13    by the debtor. A carbon, photographic or  other  reproduction
14    of   a   security  agreement  or  a  financing  statement  is
15    sufficient as a financing statement if the security agreement
16    so provides or if the original has been filed in this State.
17        (2)  A financing statement which otherwise complies  with
18    subsection (1) is sufficient when it is signed by the secured
19    party  instead  of  the  debtor  if  it is filed to perfect a
20    security interest in:
21             (a)  collateral  already  subject  to   a   security
22        interest  in another jurisdiction when it is brought into
23        this State, or when the debtor's location is  changed  to
24        this  State.  Such  a financing statement must state that
25        the collateral was brought into this State  or  that  the
26        debtor's  location  was  changed to this State under such
27        circumstances; or
28             (b)  proceeds under Section 9-306  if  the  security
29        interest in the original collateral was perfected. Such a
30        financing    statement   must   describe   the   original
31        collateral; or
32             (c)  collateral as to which the filing  has  lapsed;
33        or
34             (d)  collateral  acquired  after  a  change of name,
 
SB745 Engrossed             -1736-             LRB9101253EGfg
 1        identity or corporate structure of the debtor (subsection
 2        (7)).
 3        (3)  A form substantially as  follows  is  sufficient  to
 4    comply with subsection (1):
 5             Name of debtor (or assignor) .......................
 6                  Address .......................................
 7                  Name of secured party (or assignee) ...........
 8                  Address .......................................
 9             1.  This  financing  statement  covers the following
10        types (or items) of property:
11             (Describe) .........................................
12             2.  (Blank).
13             3.  (If applicable) The above goods  are  to  become
14        fixtures on ........................................... *
15             *Where  appropriate  substitute  either  "The  above
16        timber is standing on ...." or "The above minerals or the
17        like (including oil and gas) or accounts will be financed
18        at  the  wellhead or minehead of the well or mine located
19        on ...."
20             (Describe Real Estate) .............................
21        and this financing statement is to be filed in  the  real
22        estate  records. (If the debtor does not have an interest
23        of record) The name of a record owner is ................
24             4.  (If products of collateral are claimed) Products
25        of the collateral are also covered.
26             Signature of Debtor (or Assignor) ..................
27             Signature of Secured Party (or Assignee) ...........
28             (use whichever is applicable)
29        (4)  A financing statement may be  amended  by  filing  a
30    writing  signed  by both the debtor and the secured party. An
31    amendment does not extend the period of  effectiveness  of  a
32    financing  statement. If any amendment adds collateral, it is
33    effective as to the added collateral  only  from  the  filing
34    date  of  the  amendment. In this Article, unless the context
 
SB745 Engrossed             -1737-             LRB9101253EGfg
 1    otherwise requires, the term "financing statement" means  the
 2    original financing statement and any amendments.
 3        (5)  A  financing  statement covering timber to be cut or
 4    covering minerals or the like  (including  oil  and  gas)  or
 5    accounts  subject  to  subsection  (5) of Section 9-103, or a
 6    financing statement filed as a fixture filing (Section 9-313)
 7    where the debtor is not a  transmitting  utility,  must  show
 8    that  it  covers this type of collateral, must recite that it
 9    is to be filed in the real estate records, and the  financing
10    statement  must  contain a description of the real estate. If
11    the debtor does not have an interest of record  in  the  real
12    estate,  the  financing  statement  must  show  the name of a
13    record owner.
14        (6)  A mortgage is effective  as  a  financing  statement
15    filed as a fixture filing from the date of its recording if:
16             (a)  the goods are described in the mortgage by item
17        or type,
18             (b)  the goods are or are to become fixtures related
19        to the real estate described in the mortgage,
20             (c)  the mortgage complies with the requirements for
21        a  financing  statement  in  this  Section  other  than a
22        recital that it  is  to  be  filed  in  the  real  estate
23        records, and
24             (d)  the mortgage is duly recorded.
25        No  fee  with  reference  to  the  financing statement is
26    required other than the regular  recording  and  satisfaction
27    fees with respect to the mortgage.
28        (7)  A financing statement sufficiently shows the name of
29    the  debtor  if  it  gives  the  individual,  partnership  or
30    corporate  name  of  the debtor, whether or not it adds other
31    trade names or names of partners. Where the debtor so changes
32    his name or in the case of an organization its name, identity
33    or corporate  structure  that  a  filed  financing  statement
34    becomes  seriously misleading, the filing is not effective to
 
SB745 Engrossed             -1738-             LRB9101253EGfg
 1    perfect a security interest in  collateral  acquired  by  the
 2    debtor  more  than  4  months  after the change, unless a new
 3    appropriate  financing  statement   is   filed   before   the
 4    expiration  of that time. A filed financing statement remains
 5    effective with  respect  to  collateral  transferred  by  the
 6    debtor  even though the secured party knows of or consents to
 7    the transfer.
 8        (8)  A financing statement substantially  complying  with
 9    the  requirements of this Section is effective even though it
10    contains minor errors which are not seriously misleading.
11    (Source: P.A. 89-228, eff. 1-1-96; revised 10-31-98.)

12        (810 ILCS 5/9-403) (from Ch. 26, par. 9-403)
13        Sec. 9-403. What constitutes filing; duration of  filing;
14    effect of lapsed filing; duties of filing officer; fees.
15        (1)  Presentation for filing of a financing statement and
16    tender  of  the  filing fee or acceptance of the statement by
17    the filing officer constitutes filing under this Article.
18        (2)  Except  as  provided  in  subsection  (6)  a   filed
19    financing statement is effective for a period of 5 years from
20    the  date  of  filing. The effectiveness of a filed financing
21    statement lapses on the  expiration  of  the  5  year  period
22    unless  a continuation statement is filed prior to the lapse.
23    If a security interest perfected by filing exists at the time
24    insolvency  proceedings  are  commenced  by  or  against  the
25    debtor,  the  security  interest  remains   perfected   until
26    termination  of the insolvency proceedings and thereafter for
27    a period of 60 days or until expiration of the 5 year period,
28    whichever occurs later.  Upon  lapse  the  security  interest
29    becomes  unperfected,  unless it is perfected without filing.
30    If the security interest becomes unperfected upon  lapse,  it
31    is  deemed  to  have been unperfected as against a person who
32    became a purchaser or lien creditor before lapse.
33        (3)  A continuation statement may be filed by the secured
 
SB745 Engrossed             -1739-             LRB9101253EGfg
 1    party within 6 months prior to the expiration of the  5  year
 2    period  specified  in  subsection  (2). Any such continuation
 3    statement must be signed by the secured party,  identify  the
 4    original statement by file number and state that the original
 5    statement is still effective. A continuation statement signed
 6    by  a  person  other than the secured party of record must be
 7    accompanied by a separate  written  statement  of  assignment
 8    signed  by  the  secured  party  of record and complying with
 9    subsection (2) of Section 9-405,  including  payment  of  the
10    required   fee.   Upon  timely  filing  of  the  continuation
11    statement, the effectiveness of  the  original  statement  is
12    continued for 5 years after the last date to which the filing
13    was  effective  whereupon  it  lapses  in  the same manner as
14    provided  in  subsection  (2)  unless  another   continuation
15    statement   is   filed   prior   to  such  lapse.  Succeeding
16    continuation statements may be filed in the  same  manner  to
17    continue  the effectiveness of the original statement. Unless
18    a  statute  on  disposition  of   public   records   provides
19    otherwise,  the  filing officer may remove a lapsed statement
20    from the files and destroy it immediately if he has  retained
21    a  microfilm  or other photographic record, or in other cases
22    after one year after the lapse. The filing officer  shall  so
23    arrange   matters   by   physical   annexation  of  financing
24    statements  to  continuation  statements  or  other   related
25    filings,  or  by  other means, that if he physically destroys
26    the financing statements of a period more than 5 years  past,
27    those  which  have been continued by a continuation statement
28    or which are still effective under subsection  (6)  shall  be
29    retained.
30        (4)  Except  as  provided  in  subsection  (7)  a  filing
31    officer shall mark each statement with a file number and with
32    the date and hour of filing and shall hold the statement or a
33    microfilm  or  other  photographic  copy  thereof  for public
34    inspection. In addition the filing officer  shall  index  the
 
SB745 Engrossed             -1740-             LRB9101253EGfg
 1    statement  according to the name of the debtor and shall note
 2    in the index the file number and the address  of  the  debtor
 3    given in the statement.
 4        (5)  The  uniform  fee  for  filing  and indexing and for
 5    stamping a copy furnished by the secured party  to  show  the
 6    date and place of filing for an original financing statement,
 7    amended  statement,  or for a continuation statement shall be
 8    $20.
 9        (6)  If the debtor is a transmitting utility  (subsection
10    (5)  of  Section  9-401)  and  a filed financing statement so
11    states, it is effective  until  a  termination  statement  is
12    filed. A real estate mortgage which is effective as a fixture
13    filing   under   subsection  (6)  of  Section  9-402  remains
14    effective as a fixture filing until the mortgage is  released
15    or   satisfied  of  record  or  its  effectiveness  otherwise
16    terminates as to the real estate.
17        (7)  When a financing statement covers timber to  be  cut
18    or  covers  minerals  or  the like (including oil and gas) or
19    accounts subject to subsection (5) of Section  9-103,  or  is
20    filed  as a fixture filing, the filing officer shall index it
21    under the names of the debtor and any owner of  record  shown
22    on  the  financing  statement  in the same fashion as if they
23    were  the  mortgagors  in  a  mortgage  of  the  real  estate
24    described, and, to the extent that  the  law  of  this  State
25    provides  for  indexing  of  mortgages  under the name of the
26    mortgagee, under the name of the secured party as if he  were
27    the mortgagee thereunder, or where indexing is by description
28    in  the  same  fashion  as  if the financing statement were a
29    mortgage of the real estate described.
30        (8)  For financing statements filed on or  after  January
31    1,  1998  as  to  a  debtor who is a resident of the State of
32    Illinois, if the collateral  is  equipment  used  in  farming
33    operations, farm products, or accounts or general intangibles
34    arising  from  the  sale  of  farm  products by a farmer, the
 
SB745 Engrossed             -1741-             LRB9101253EGfg
 1    secured party shall, within 30 days  after  filing  with  the
 2    office  of the Secretary of State, remit to the office of the
 3    recorder in the county of the debtor's residence a fee of $10
 4    together with a copy of the financing statement filed in  the
 5    office of the Secretary of State.  This fee is in addition to
 6    payment of the fee provided in subsection (5) of this Section
 7    and  is  imposed  to defray the cost of converting the county
 8    recorder's  document   storage   system   to   computers   or
 9    micrographics.   The copy of the financing statement provided
10    to the office of the  recorder  shall  be  for  informational
11    purposes  only and shall not be for filing with the office of
12    the recorder nor shall the  provision  of  the  informational
13    copy be subject to imposition of any filing fee under Section
14    3-5018  of  the Counties Code or otherwise. The provisions of
15    this subsection (8) other than this sentence, are inoperative
16    after the earlier of (i) July 1, 1999 or (ii)  the  effective
17    date  of  a  change  to  the Illinois Uniform Commercial Code
18    which adopts a recommendation by the National  Conference  of
19    Commissioners on Uniform State Laws to amend Section 9-401 of
20    this  Code  to  make the office of the Secretary of State the
21    proper place to file a financing statement described in  this
22    subsection (8).
23        (9)  The  failure  to  send  an  informational  copy of a
24    financing statement to the appropriate office of the recorder
25    or to pay the fee as set forth in subsection (8) shall not in
26    any  manner  affect  the  existence,  validity,   perfection,
27    priority,  or  enforceability of the security interest of the
28    secured party.
29    (Source: P.A.  89-503,  eff.  1-1-97;  90-300,  eff.  1-1-98;
30    revised 10-31-98.)

31        (810 ILCS 5/9-501) (from Ch. 26, par. 9-501)
32        Sec.  9-501.  Default;  procedure when security agreement
33    covers both real and personal property.
 
SB745 Engrossed             -1742-             LRB9101253EGfg
 1        (1)  When  a  debtor  is  in  default  under  a  security
 2    agreement, a  secured  party  has  the  rights  and  remedies
 3    provided in this Part and except as limited by subsection (3)
 4    those  provided  in the security agreement. He may reduce his
 5    claim  to  judgment,  foreclose  or  otherwise  enforce   the
 6    security interest by any available judicial procedure. If the
 7    collateral  is documents the secured party may proceed either
 8    as to the documents or as to the  goods  covered  thereby.  A
 9    secured  party  in  possession  has  the rights, remedies and
10    duties provided in Section 9-207.  The  rights  and  remedies
11    referred to in this subsection are cumulative.
12        (2)  After   default,  the  debtor  has  the  rights  and
13    remedies  provided  in  this  Part,  those  provided  in  the
14    security agreement and those provided in Section 9-207.
15        (3)  To the extent that they give rights  to  the  debtor
16    and  impose  duties on the secured party, the rules stated in
17    the subsections referred to below may not be waived or varied
18    except as provided with respect to compulsory disposition  of
19    collateral (subsection (3) of Section 9-504 and Section 9-505
20    )  and  with  respect  to  redemption  of collateral (Section
21    9-506)  but  the  parties  may  by  agreement  determine  the
22    standards by which the fulfillment of these rights and duties
23    is to be  measured  if  such  standards  are  not  manifestly
24    unreasonable:
25             (a)  subsection  (2) of Section 9-502 and subsection
26        (2) of Section 9-504 insofar as they  require  accounting
27        for surplus proceeds of collateral;
28             (b)  subsection  (3) of Section 9-504 and subsection
29        (1) of Section  9-505  which  deal  with  disposition  of
30        collateral;
31             (c)  subsection  (2)  of  Section  9-505 which deals
32        with acceptance of collateral as discharge of obligation;
33             (d)  Section 9-506 which deals  with  redemption  of
34        collateral; and
 
SB745 Engrossed             -1743-             LRB9101253EGfg
 1             (e)  subsection  (1)  of  Section  9-507 which deals
 2        with the secured party's liability for failure to  comply
 3        with this Part.
 4        (4)  If  the  security  agreement  covers  both  real and
 5    personal property, the secured party may proceed  under  this
 6    Part as to the personal property or he may proceed as to both
 7    the  real  and  the  personal property in accordance with his
 8    rights and remedies in respect to the real property in  which
 9    case the provisions of this Part do not apply.
10        (5)  When  a  secured  party  has  reduced  his  claim to
11    judgment the lien of any levy which  may  be  made  upon  his
12    collateral  by  virtue  of such judgment shall relate back to
13    the date of the perfection of the security interest  in  such
14    collateral.  A judicial sale, pursuant to such judgment, is a
15    foreclosure of the security interest  by  judicial  procedure
16    within the meaning of this Section, and the secured party may
17    purchase  at the sale and thereafter hold the collateral free
18    of any other requirements of this Article.
19    (Source: P.A. 84-546; revised 10-31-98.)

20        Section 291.  The Illinois  Securities  Law  of  1953  is
21    amended by changing Section 11a as follows:

22        (815 ILCS 5/11a) (from Ch. 121 1/2, par. 137.11a)
23        Sec. 11a.  Fees.
24        (1)  The  Secretary  of State shall by rule or regulation
25    impose and shall collect reasonable fees  necessary  for  the
26    administration  of  this  Act  including, but not limited to,
27    fees for the following purposes:
28             (a)  filing an application pursuant to paragraph (2)
29        of subsection F of Section 4 of this Act;
30             (b)  examining an application and report pursuant to
31        paragraph (2) of subsection F of Section 4 of this Act;
32             (c)  filing a report pursuant  to  subsection  G  of
 
SB745 Engrossed             -1744-             LRB9101253EGfg
 1        Section  4  of  this  Act,  determined in accordance with
 2        paragraph (4) of subsection G of Section 4 of this Act;
 3             (d)  examining  an  offering   sheet   pursuant   to
 4        subsection P of Section 4 of this Act;
 5             (e)  filing  a  report  pursuant  to subsection P of
 6        Section 4, determined in accordance with subsection P  of
 7        Section 4 of this Act;
 8             (f)  examining an application to register securities
 9        under subsection B of Section 5 of this Act;
10             (g)  examining an amended or supplemental prospectus
11        filed   pursuant   to   the   undertaking   required   by
12        sub-paragraph  (i)  of  paragraph  (2) of subsection B of
13        Section 5 of this Act;
14             (h)  registering   or   renewing   registration   of
15        securities under Section 5, determined in accordance with
16        subsection C of Section 5 of this Act;
17             (i)  registering securities in excess of the  amount
18        initially   registered,  determined  in  accordance  with
19        paragraph (2) of subsection C of Section 5 of this Act;
20             (j)  failure  to  file  timely  an  application  for
21        renewal under subsection E of Section 5 of this Act;
22             (k)  failure  to  file  timely   any   document   or
23        information required under Section 5 of this Act;
24             (l)  examining   an  application  to  register  face
25        amount  certificate  contracts  under  subsection  B   of
26        Section 6 of this Act;
27             (m)  examining an amended or supplemental prospectus
28        filed   pursuant   to   the   undertaking   required   by
29        sub-paragraph  (f)  of  paragraph  (2) of subsection B of
30        Section 6 of this Act;
31             (n)  registering or renewing  registration  of  face
32        amount certificate contracts under Section 6 of this Act;
33             (o)  amending   a   registration   of   face  amount
34        certificate contracts pursuant to subsection E of Section
 
SB745 Engrossed             -1745-             LRB9101253EGfg
 1        6 of this Act to add any additional series, type or class
 2        of contract;
 3             (p)  failure  to  file  timely  an  application  for
 4        renewal under subsection F of Section 6 of this Act;
 5             (q)  adding to or  withdrawing  from  deposits  with
 6        respect  to face amount certificate contracts pursuant to
 7        subsection H of Section 6, a transaction  charge  payable
 8        at  the times and in the manner specified in subsection H
 9        of Section  6  (which  transaction  charge  shall  be  in
10        addition  to the annual fee called for by subsection H of
11        Section 6 of this Act);
12             (r)  failure  to  file  timely   any   document   or
13        information required under Section 6 of this Act;
14             (s)  examining an application to register investment
15        fund shares under subsection B of Section 7 of this Act;
16             (t)  examining an amended or supplemental prospectus
17        filed   pursuant   to   the   undertaking   required   by
18        sub-paragraph  (f)  of  paragraph  (2) of subsection B of
19        Section 7 of this Act;
20             (u)  registering   or   renewing   registration   of
21        investment fund shares under Section 7 of this Act;
22             (v)  amending  a  registration  of  investment  fund
23        shares pursuant to subsection D of Section 7 of this  Act
24        to  register an additional class or classes of investment
25        fund shares;
26             (w)  failure  to  file  timely  an  application  for
27        renewal under paragraph (l) of subsection G of Section  7
28        of this Act;
29             (x)  examining   an   application   for  renewal  of
30        registration of investment fund  shares  under  paragraph
31        (2) of subsection G of Section 7 of this Act;
32             (y)  failure   to   file   timely  any  document  or
33        information required under Section 7 of this Act;
34             (z)  filing  an  application  for  registration   or
 
SB745 Engrossed             -1746-             LRB9101253EGfg
 1        re-registration  of  a  dealer or limited Canadian dealer
 2        under Section 8 of this  Act  for  each  office  in  this
 3        State;
 4             (aa)  in  connection  with  an  application  for the
 5        registration or re-registration of  a  salesperson  under
 6        Section 8 or this Act, for the following purposes:
 7                  (i)  filing an application;
 8                  (ii)  a  Securities  Audit and Enforcement Fund
 9             fee; and
10                  (iii)  a notification filing of federal covered
11             investment advisers;.
12             (bb)  in connection  with  an  application  for  the
13        registration  or re-registration of an investment adviser
14        under Section 8 of this Act;
15             (cc)  failure  to  file  timely  any   document   or
16        information required under Section 8 of this Act;
17             (dd)  filing  a  consent to service of process under
18        Section 10 of this Act;
19             (ee)  issuing a certificate pursuant to subsection B
20        of Section 15 of this Act;
21             (ff)  issuing   a   certified   copy   pursuant   to
22        subsection C of Section 15 of this Act;
23             (gg)  issuing a non-binding  statement  pursuant  to
24        Section 15a of this Act;.
25             (hh)  filings by Notification under Section 2a;
26             (ii)  notification  filing  of federal Regulation D,
27        Section 506 offering under the  Federal 1933 Act;
28             (jj)  notification   filing   of   securities    and
29        closed-end investment company  securities;
30             (kk)  notification filing of face amount certificate
31        contracts;
32             (ll)  notification  filing  of  open-end  investment
33        company securities;
34             (mm)  filing  a  report  pursuant to subsection D of
 
SB745 Engrossed             -1747-             LRB9101253EGfg
 1        Section 4 of this Act;
 2             (nn)  in  connection   with   the   filing   of   an
 3        application  for  registration  or  re-registration of an
 4        investment adviser representative under subsection  D  of
 5        Section 8 of this Act.;
 6        (2)  The  Secretary  of State may, by rule or regulation,
 7    raise or lower any fee imposed by, and which  he  or  she  is
 8    authorized by law to collect under, this Act.
 9    (Source: P.A. 90-70, eff. 7-8-97; revised 10-31-98.)

10        Section  292.   The  Residential  Improvement Loan Act is
11    amended by changing Section 3 as follows:

12        (815 ILCS 135/3) (from Ch. 17, par. 5803)
13        Sec. 3.  Such completion certificate shall be  signed  by
14    the  obligor of the loan and by the contractor performing the
15    aforesaid work, shall be dated, and shall be in substantially
16    the following form:
17                       COMPLETION CERTIFICATE
18        We, the undersigned, being respectively the  obligor  and
19    contractor,   do  hereby  certify  that  the  contractor  has
20    performed labor or delivered materials or both  to:  (address
21    of  property) ...., in connection with a contract to improve,
22    create an addition to, repair or remodel such  property,  and
23    that  as  of  this  date the value of the labor performed and
24    materials delivered is $....
25        We do  further  certify  that  in  connection  with  such
26    contract  there  remains labor to be performed, and materials
27    to be delivered, of the value of $....
28        This Certificate is signed on (insert  date).  this  ....
29    day of ...., 19...
30    .... (Obligor)
31    .... (Contractor)
32    (Source: Laws 1963, p. 3543; revised 10-20-98.)

 
SB745 Engrossed             -1748-             LRB9101253EGfg
 1        Section  293.   The  Illinois Loan Brokers Act of 1995 is
 2    amended by changing Sections 15-15 and 15-45 as follows:

 3        (815 ILCS 175/15-15)
 4        Sec. 15-15.  Application  for  registration;,  contents;,
 5    bond;,  issuance;,  effective date;, and consent to Secretary
 6    of State as process agent.
 7        (a)  In order to be registered  under  this  Act  a  loan
 8    broker  shall  file  an application for registration with the
 9    Secretary of State.  The application for  registration  shall
10    contain:
11             (1)  the    disclosure   document   required   under
12        subsection (b) of Section 15-30 of this Act and the  form
13        of  disclosure  statement  proposed to be used under item
14        (1) of subsection (b) of Section 15-30 of this Act;.
15             (2)  consent to service of process under  subsection
16        (e) of this Section;
17             (3)  evidence of the bond required in subsection (b)
18        of this Section;
19             (4)  a  fee in the amount as specified in subsection
20        (a) of Section 15-25  of  this  Act,  and  shall  not  be
21        returnable in any event.
22        (b)  A  loan  broker  who  engages  in any loan brokerage
23    transactions   where   the   loan   is   subject    to    the
24    Truth-in-Lending Act must maintain a bond satisfactory to the
25    Secretary  of  State in the amount of $25,000, which shall be
26    in favor of the State.
27        (c)  Whenever the provisions of this Act  Law  have  been
28    complied   with,   the  Secretary  of  State  shall  issue  a
29    certificate of registration to the applicant, authorizing the
30    applicant to engage in the business of loan brokering.
31        (d)  An application for registration becomes effective 30
32    days after it is filed, unless a certificate of the Secretary
33    of  State  establishes  an  earlier  effective  date.   Every
 
SB745 Engrossed             -1749-             LRB9101253EGfg
 1    registration is effective until January 1 of the  year  after
 2    it goes into effect.
 3        (e)  Every applicant for registration shall file with the
 4    Secretary  of  State,  in such form as the Secretary of State
 5    may prescribe by rule or regulation, an  irrevocable  consent
 6    appointing the Secretary of State to be the applicant's agent
 7    to  receive  service of any lawful process in any noncriminal
 8    suit, action or proceeding against the applicant arising from
 9    the violation of any provision of this Act.
10        (f)  An application shall be considered  filed  when  all
11    required documentation and fees are received by the Office of
12    the Secretary of State.
13    (Source:  P.A.  89-209,  eff.  1-1-96;  90-70,  eff.  7-8-97;
14    revised 10-31-98.)

15        (815 ILCS 175/15-45)
16        Sec.  15-45.   Powers  of  Secretary  of State; privilege
17    against self-incrimination; admissibility into evidence.
18        (a)  The Secretary of State may do the following:
19             (1)  Adopt rules and regulations to  implement  this
20        Act.
21             (2)  Make investigations and examinations:
22                  (A)  in  connection  with  any  application for
23             registration of any loan broker or any  registration
24             already granted; or
25                  (B)  whenever  it  appears  to the Secretary of
26             State, upon the basis of a complaint or information,
27             that reasonable grounds exist for the belief that an
28             investigation  or  examination   is   necessary   or
29             advisable  for  the  more complete protection of the
30             interests of the public.
31             (3)  Charge as costs of investigation or examination
32        all reasonable expenses, including a  per  diem  prorated
33        upon  the salary of any employee and actual traveling and
 
SB745 Engrossed             -1750-             LRB9101253EGfg
 1        hotel expenses.  All reasonable expenses are to  be  paid
 2        by   the   party   or   parties  under  investigation  or
 3        examination.
 4             (4)  Issue notices and orders, including  cease  and
 5        desist  notices and orders, after making an investigation
 6        or examination under item (2) of subsection (a)  of  this
 7        Section.  The Secretary of State may also bring an action
 8        to  prohibit  a  person  from  violating  this  Act.  The
 9        Secretary of State shall notify the person that an  order
10        or  notice has been issued, the reasons for it and that a
11        hearing will be set in accordance with the provisions  of
12        the  Illinois  Administrative  Procedure  Act  after  the
13        Secretary  of  State  receives a written request from the
14        person requesting a hearing.
15             (5)  Sign  all  orders,   official   certifications,
16        documents or papers issued under this Act Law or delegate
17        the  authority  to  sign any of those items to his or her
18        designee.
19             (6)  Hold and conduct hearings.
20             (7)  Hear evidence.
21             (8)  Conduct inquiries  with  or  without  hearings.
22        Inquiries  shall  include  oral  and written requests for
23        information. A failure to respond to  a  written  request
24        for  information  may  be deemed  a violation of this Act
25        and the Secretary of State may issue notices and  orders,
26        including  cease  and  desist notices and orders, against
27        the violators.
28             (9)  Receive  reports  of  investigators  or   other
29        officers  or  employees  of  the State of Illinois or any
30        municipal corporation or governmental subdivision  within
31        the State.
32             (10)  Administer   oaths   or   cause   them  to  be
33        administered.
34             (11)  Subpoena witnesses and compel them  to  attend
 
SB745 Engrossed             -1751-             LRB9101253EGfg
 1        and testify.
 2             (12)  Compel  the  production  of books, records and
 3        other documents.
 4             (13)  Order depositions to be taken of  any  witness
 5        residing  within  or  without the State.  The depositions
 6        shall be taken  in  the  manner  prescribed  by  law  for
 7        depositions  in  civil actions and made returnable to the
 8        Secretary of State.
 9        (b)  If any person refuses  to  obey  a  subpoena  issued
10    under  this  Act, the Secretary of State may make application
11    to any court of competent jurisdiction to order the person to
12    appear before the Secretary of State and produce  documentary
13    evidence  or  give evidence as directed in the subpoena.  The
14    failure to obey the order of the court shall  be  subject  to
15    punishment by the court as contempt of court.
16        (c)  No  person  shall  be  excused from complying with a
17    subpoena  on  the  ground  that  the  testimony  or  evidence
18    required may tend to incriminate the person  or  subject  the
19    person  to  a  penalty  or  forfeiture.  No individual may be
20    prosecuted or subject to any penalty or forfeiture for or  on
21    account  of  any  transaction,  matter  or  thing  which  the
22    individual is compelled to testify or produce evidence, after
23    claiming  the privilege against self-incrimination.  However,
24    the  individual  so  testifying  shall  not  be  exempt  from
25    prosecution  and  punishment  for  perjury  committed  in  so
26    testifying.
27        (d)  In any prosecution, action, suit or proceeding based
28    upon or arising out of this Act, the Secretary of  State  may
29    sign  a certificate showing compliance or non-compliance with
30    this Act by any loan broker.   This  shall  constitute  prima
31    facie  evidence of compliance or non-compliance with this Act
32    and shall be admissible in evidence in any court.
33        (e)  Whenever it shall appear to the Secretary  of  State
34    that  any person is engaged or about to engage in any acts or
 
SB745 Engrossed             -1752-             LRB9101253EGfg
 1    practices which constitute or will constitute a violation  of
 2    this  Act,  or  of  any  rule  or regulation prescribed under
 3    authority of this Act, the Secretary of State may at  his  or
 4    her discretion, through the Attorney General:
 5             (1)  File  a  complaint  and  apply  for a temporary
 6        restraining order  without  notice,  and  upon  a  proper
 7        showing the court may enter a temporary restraining order
 8        without a bond, to enforce this Act.
 9             (2)  File a complaint and apply for a preliminary or
10        permanent  injunction,  and, after notice and hearing and
11        upon a proper showing, the court may grant a  preliminary
12        or  permanent  injunction  and may order the defendant to
13        make an offer of rescission with respect to any  contract
14        for loan brokerage services determined by the court to be
15        unlawful under this Act.
16        (f)  The   court  shall  further  have  jurisdiction  and
17    authority, in addition to the penalties and other remedies in
18    this Act provided, to enter an order for the  appointment  of
19    the  court  or a person as a receiver, conservator, ancillary
20    receiver or ancillary conservator for the  defendant  or  the
21    defendant's  assets  located  in  this  State,  or to require
22    restitution, damages or disgorgement of profits on behalf  of
23    the  person  or  persons  injured  by  the  act  or  practice
24    constituting the subject matter of the action, and may assess
25    costs and attorneys fees against the defendant for the use of
26    the State.
27    (Source:  P.A.  89-209,  eff.  1-1-96;  90-70,  eff.  7-8-97;
28    revised 10-31-98.)

29        Section  294.   The Illinois Business Brokers Act of 1995
30    is amended by changing Section 10-10 as follows:

31        (815 ILCS 307/10-10)
32        Sec. 10-10.  Registration  of  business  brokers.   Every
 
SB745 Engrossed             -1753-             LRB9101253EGfg
 1    person  engaging  in the business of business brokering shall
 2    be registered with the  Office  of  the  Secretary  of  State
 3    pursuant  to  the  provisions  of this Act. Persons employed,
 4    contracted by, or working on behalf of other persons who  are
 5    registered  under  this  Act  need  not  register separately;
 6    provided that  such  non-registered  employed  or  contracted
 7    persons working for a business broker have been identified in
 8    the registration submitted and proper fees, if any, are paid.
 9        (a)  In order to be registered under this Act, a business
10    broker  shall  file  an application for registration with the
11    Secretary of State.  The application for  registration  shall
12    contain, to the extent reasonably available to the applicant:
13             (1)  the    disclosure   document   required   under
14        subsection (b) of Section 10-30 of this Act and the  form
15        of   disclosure  statement  proposed  to  be  used  under
16        subsection (b)(1) of Section 10-30 of this Act;.
17             (2)  consent to service of process under  subsection
18        (d) of this Section;
19             (3)  a   fee  in  the  amount  as  provided  for  in
20        subsection (a) of Section 10-25 of this  Act,  and  shall
21        not be returnable in any event; and
22             (4)  any  other  information deemed necessary by the
23        Secretary of State as prescribed by rule or regulation.
24        (b)  Whenever  the  provisions  of  this  Act  have  been
25    complied  with,  the  Secretary  of  State  shall   issue   a
26    certificate of registration to the applicant, authorizing the
27    applicant to engage in the business of business brokering.
28        (c)  An application for registration becomes effective 30
29    days  after  it is filed, unless an order of the Secretary of
30    State  establishes  an   earlier   effective   date.    Every
31    registration  is  effective until January 1 of the year after
32    it goes into effect.
33        (d)  Every applicant for registration shall file with the
34    Secretary of State, in such form as the  Secretary  of  State
 
SB745 Engrossed             -1754-             LRB9101253EGfg
 1    may  prescribe  by rule or regulation, an irrevocable consent
 2    appointing the Secretary of State to be the applicant's agent
 3    to receive service of any process in  any  noncriminal  suit,
 4    action,  or proceeding against the applicant arising from the
 5    violation of any provision of this Act.
 6        (e)  The Secretary of  State  shall  maintain  a  record,
 7    which  shall  be open for public inspection, upon which shall
 8    be entered the name and address of each business  broker  and
 9    all  orders of the Secretary of State denying, suspending, or
10    revoking registration.  The Secretary of State may  designate
11    by  rule  or  order  any  statements, information, or reports
12    submitted to or filed with him or her pursuant  to  this  Act
13    which  the  Secretary  of State determines are of a sensitive
14    nature and therefore should be exempt from public disclosure.
15    Any statement, information,  or  reports  determined  by  the
16    Secretary  of  State to be of a sensitive nature shall not be
17    disclosed to the public except upon  consent  of  the  person
18    filing  or  submitting the statement, information, or reports
19    or by order of a court or in court proceedings.
20    (Source:  P.A.  89-209,  eff.  1-1-96;  90-70,  eff.  7-8-97;
21    revised 10-31-98.)

22        Section 295.  The Cotton Duck or Canvas Act is amended by
23    changing Section 4 as follows:

24        (815 ILCS 330/4) (from Ch. 147, par. 48)
25        Sec. 4. It shall be unlawful  for  any  person,  firm  or
26    corporation  either  individually  or  in  any representative
27    capacity, to carry for sale, sell or  endeavor  to  sell  any
28    cotton  duck  or  canvas  as  herein defined, or any articles
29    other than clothing and wearing apparel composed or  made  in
30    whole  or in part of any cotton duck or canvas without having
31    marked thereon the true and correct weight of said canvas, or
32    cotton duck by ounces per yard, together with  a  description
 
SB745 Engrossed             -1755-             LRB9101253EGfg
 1    by  name  of any filler or other preparations placed in or on
 2    said cotton duck or  canvas  since  its  manufacture,  or  to
 3    misstate,  misrepresent  or  conceal  the true weight of said
 4    canvas or cotton duck by ounces per yard, or  to  misstate[,]
 5    misrepresent  or conceal the existence of any filler or other
 6    preparation placed in or on said cotton duck or canvas  since
 7    its manufacture.
 8    (Source: Laws 1917, p. 342; revised 10-31-98.)

 9        Section  296.  The Motor Vehicle Retail Installment Sales
10    Act is amended by changing Sections 18 and 21 as follows:

11        (815 ILCS 375/18) (from Ch. 121 1/2, par. 578)
12        Sec. 18. Each person, other than a seller or holder,  who
13    signs  a  retail installment contract may be held liable only
14    to the extent that he actually  receives  the  motor  vehicle
15    described or identified in the contract, except that a parent
16    or spouse or any other person listed as an owner of the motor
17    vehicle  on  the  Certificate  of  Title issued for the motor
18    vehicle who co-signs such retail installment contract may  be
19    held  liable to the full extent of the deferred payment price
20    notwithstanding such parent or spouse  or  any  other  person
21    listed  as  an  owner   has  not  actually received the motor
22    vehicle described or identified in the contract and except to
23    the extent such person other than a seller or  holder,  signs
24    in the capacity of a guarantor of collection.
25        The  obligation  of  such guarantor is secondary, and not
26    primary.  The obligation arises  only  after  the  seller  or
27    holder  has  diligently  taken  all  ordinary  legal means to
28    collect the debt  from  the  primary  obligor,  but  has  not
29    received  full payment from such primary obligor or obligors,
30    or after the primary obligor has become insolvent, or service
31    of summons cannot be obtained on the primary obligor,  or  it
32    is  otherwise  apparent that it is useless to proceed against
 
SB745 Engrossed             -1756-             LRB9101253EGfg
 1    the primary obligor.
 2        No provisions in a retail installment contract obligating
 3    such guarantor are is valid unless:
 4             (1)  there  appears  below   the   signature   space
 5        provided for such guarantor the following:
 6             "I  hereby  guarantee  the  collection  of the above
 7        described amount upon failure of the seller named  herein
 8        to collect said amount from the buyer named herein."; and
 9             (2)  unless  the  guarantor,  in addition to signing
10        the  retail  installment  contract,  signs   a   separate
11        instrument in the following form:
12               "EXPLANATION OF GUARANTOR'S OBLIGATION
13             You  ...........  (name of guarantor) by signing the
14        retail  installment  contract  and  this   document   are
15        agreeing  that  you  will  pay $......... (total deferred
16        payment  price)   for   the   purchase   of   ...........
17        (description   of   goods   or   services)  purchased  by
18        ............ (name of buyer) from  ...........  (name  of
19        seller).
20             Your  obligation  arises  only  after  the seller or
21        holder has attempted through the use of the court  system
22        to collect this amount from  the buyer.
23             If  the  seller  cannot collect this amount from the
24        buyer, you will be obligated to pay even though  you  are
25        not  entitled  to any of the goods or services furnished.
26        The seller is entitled  to  sue  you  in  court  for  the
27        payment of the amount due."
28        The  instrument  must  be  printed,  typed,  or otherwise
29    reproduced in a size and style equal to at least 8 point bold
30    type, may contain no other matter (except  a  union  printing
31    label)  than  above  set forth and must bear the signature of
32    the co-signer and no other person.  The seller must give  the
33    co-signer  a  copy  of  the retail installment contract and a
34    copy of the co-signer statement.
 
SB745 Engrossed             -1757-             LRB9101253EGfg
 1    (Source: P.A. 88-19; 89-650, eff. 1-1-97; revised 10-31-98.)

 2        (815 ILCS 375/21) (from Ch. 121 1/2, par. 581)
 3        Sec. 21. Notwithstanding  the  provisions  of  any  other
 4    statute,,  for  motor  vehicle  retail  installment contracts
 5    executed after September  25,  the  effective  date  of  this
 6    amendatory  Act  of  1981,  there  shall  be  no limit on the
 7    finance  charges  which  may  be  charged,   collected,   and
 8    received.
 9    (Source: P.A. 90-437, eff. 1-1-98; revised 3-2-98.)

10        Section 297.  The Illinois Pre-Need Cemetery Sales Act is
11    amended by changing Sections 4 and 19 as follows:

12        (815 ILCS 390/4) (from Ch. 21, par. 204)
13        Sec.  4.   As used in this Act, the following terms shall
14    have the meaning specified:
15        A. (a)  "Pre-need sales  contract"  or  "Pre-need  sales"
16    means  any  agreement or contract or series or combination of
17    agreements or contracts which have for a purpose the sale  of
18    cemetery   merchandise,   cemetery  services  or  undeveloped
19    interment, entombment or inurnment spaces where the terms  of
20    such  sale  require  payment  or  payments  to  be  made at a
21    currently  determinable  time  and  where  the   merchandise,
22    services or completed spaces are to be provided more than 120
23    days following the initial payment on the account.
24        B. (b)  "Delivery" occurs when:
25             (1)  physical   possession  of  the  merchandise  is
26        transferred or  the  easement  for  burial  rights  in  a
27        completed space is executed, delivered and transferred to
28        the buyer; or
29             (2)  title  to  the merchandise has been transferred
30        to the buyer and the merchandise has been paid for and is
31        in the possession of the seller who has placed it,  until
 
SB745 Engrossed             -1758-             LRB9101253EGfg
 1        needed, at the site of its ultimate use; or
 2             (3) A.  the   merchandise   has   been   permanently
 3        identified  with the name of the buyer or the beneficiary
 4        and delivered to a licensed and bonded warehouse and both
 5        title to the merchandise and  a  warehouse  receipt  have
 6        been  delivered  to the purchaser or beneficiary. Nothing
 7        herein shall prevent a seller from perfecting a  security
 8        interest  in  accordance with the Uniform Commercial Code
 9        on any merchandise covered under this Act.
10             B.  All  warehouse  facilities  to   which   sellers
11        deliver merchandise pursuant to this Act shall:
12                  (i)  be either located in the State of Illinois
13             or  qualify  as  a  foreign  warehouse  facility  as
14             defined herein;
15                  (ii)  submit  to  the Comptroller not less than
16             annually, by March 1 of each year, a report  of  all
17             cemetery  merchandise  stored by each licensee under
18             this Act which is in storage  on  the  date  of  the
19             report;
20                  (iii)  permit  the  Comptroller or his designee
21             at any time to examine  stored  merchandise  and  to
22             examine any documents pertaining thereto;
23                  (iv)  submit   evidence   satisfactory  to  the
24             Comptroller that  all  merchandise  stored  by  said
25             warehouse  for  licensees  under this Act is insured
26             for casualty or other loss  normally  assumed  by  a
27             bailee for hire;
28                  (v)  demonstrate  to  the  Comptroller that the
29             warehouse  has  procured  and   is   maintaining   a
30             performance  bond  in  the  form, content and amount
31             sufficient  to  unconditionally  guarantee  to   the
32             purchaser  or beneficiary the prompt shipment of the
33             cemetery merchandise.
34        C.  "Cemetery  merchandise"  means  items   of   personal
 
SB745 Engrossed             -1759-             LRB9101253EGfg
 1    property  normally  sold  by a cemetery authority not covered
 2    under the Illinois  Funeral  or  Burial  Funds  Act  "An  Act
 3    concerning  agreements for furnishing or delivery of personal
 4    property, merchandise or  services  in  connection  with  the
 5    final  disposition of dead human bodies and regulating use or
 6    disposition of funds paid on said  agreements  and  providing
 7    penalties  for violation thereof", approved July 14, 1955, as
 8    amended, including but not limited to:
 9             (1)  memorials,
10             (2)  markers,
11             (3)  monuments, and
12             (4)  foundations.
13        D.  "Undeveloped  interment,  entombment   or   inurnment
14    interment  spaces" or "undeveloped spaces" means any space to
15    be used for the  reception  of  human  remains  that  is  not
16    completely  and  totally  constructed  at the time of initial
17    payment therefor therefore in a:
18             (1)  lawn crypt,
19             (2)  mausoleum,
20             (3)  garden crypt,
21             (4)  columbarium, or
22             (5)  cemetery section.
23        E.  "Cemetery services" means those services  customarily
24    performed  by a cemetery or crematory personnel in connection
25    with the interment, entombment, inurnment or cremation  of  a
26    dead human body.
27        F.  "Cemetery   section"   means  a  grouping  of  spaces
28    intended to be developed simultaneously for  the  purpose  of
29    interring human remains.
30        G.  "Columbarium" means an arrangement of niches that may
31    be  an  entire building, a complete room, a series of special
32    indoor alcoves, a bank along a corridor or part of an outdoor
33    garden setting that is constructed of permanent material such
34    as bronze, marble, brick, stone or concrete for the inurnment
 
SB745 Engrossed             -1760-             LRB9101253EGfg
 1    of human remains.
 2        H.  "Lawn crypt"  means  a  permanent  underground  crypt
 3    usually   constructed   of  reinforced  concrete  or  similar
 4    material installed in multiple units  for  the  interment  of
 5    human remains.
 6        I.  "Mausoleum"  or  "garden  crypt"  means a grouping of
 7    spaces constructed of reinforced concrete or similar material
 8    constructed or assembled above the ground for entombing human
 9    remains.
10        J.  "Memorials, markers and monuments" means  the  object
11    usually  comprised of a permanent material such as granite or
12    bronze used to identify and memorialize the deceased.
13        K.  "Foundations" means those  items  used  to  affix  or
14    support  a  memorial  or monument to the ground in connection
15    with the installation of a memorial, marker or monument.
16        L.  "Person"   means    an    individual,    corporation,
17    partnership,   joint   venture,   business  trust,  voluntary
18    organization or any other form of entity.
19        M.  "Seller" means any person  selling  or  offering  for
20    sale  cemetery  merchandise, cemetery services or undeveloped
21    spaces on a pre-need basis.
22        N.  "Religious cemetery" means  mean  a  cemetery  owned,
23    operated,  controlled  or  managed  by any recognized church,
24    religious society, association  or  denomination  or  by  any
25    cemetery  authority  or  any  corporation  administering,  or
26    through  which  is  administered,  the  temporalities  of any
27    recognized  church,   religious   society,   association   or
28    denomination.
29        O.  "Municipal   cemetery"   means   a   cemetery  owned,
30    operated,  controlled  or  managed  by  any  city,   village,
31    incorporated   town,  township,  county  or  other  municipal
32    corporation,  political   subdivision,   or   instrumentality
33    thereof  authorized  by  law  to  own,  operate  or  manage a
34    cemetery.
 
SB745 Engrossed             -1761-             LRB9101253EGfg
 1        P.  "Sales price"  means  the  gross  amount  paid  by  a
 2    purchaser   on   a   pre-need  sales  contract  for  cemetery
 3    merchandise,  cemetery  services  or  undeveloped  interment,
 4    entombment or inurnment spaces, excluding sales taxes, credit
 5    life insurance premiums, finance charges and  "Cemetery  Care
 6    Act" contributions.
 7        Q.  "Foreign   warehouse   facility"  means  a  warehouse
 8    facility now or hereafter located in any state  or  territory
 9    of  the  United  States,  including the District of Columbia,
10    other than the State of Illinois.
11        A foreign warehouse facility  shall  be  deemed  to  have
12    appointed  the Comptroller to be its true and lawful attorney
13    upon whom may be served all legal process in  any  action  or
14    proceeding against it relating to or growing out of this Act,
15    and  the  acceptance  of  the  delivery of stored merchandise
16    under this Act shall be signification of its  agreement  that
17    any  such  process against it which is so served, shall be of
18    the same legal force and validity as though  served  upon  it
19    personally.
20        Service  of  such  process shall be made by delivering to
21    and leaving with the Comptroller, or any agent having  charge
22    of  the  Comptroller's  Department  of  Cemetery  and  Burial
23    Trusts,  a  copy  of  such  process and such service shall be
24    sufficient service upon such foreign  warehouse  facility  if
25    notice  of such service and a copy of the process are, within
26    10 days thereafter, sent by registered mail by the  plaintiff
27    to the foreign warehouse facility at its principal office and
28    the  plaintiff's affidavit of compliance herewith is appended
29    to the summons.  The Comptroller shall keep a record  of  all
30    process  served  upon him under this Section and shall record
31    therein the time of such service.
32    (Source: P.A. 85-1209; revised 10-31-98.)

33        (815 ILCS 390/19) (from Ch. 21, par. 219)
 
SB745 Engrossed             -1762-             LRB9101253EGfg
 1        Sec.  19.   (a)  The  construction  or   development   of
 2    undeveloped  interment,  entombment or inurnment spaces shall
 3    be  commenced  on  that  phase,  section   or   sections   of
 4    undeveloped  ground  or  section  of lawn crypts, mausoleums,
 5    garden crypts, columbariums or cemetery spaces in which sales
 6    are made within 3 years of the date of the first  such  sale.
 7    The  seller  shall  give written notice to the Comptroller no
 8    later than 30 days after the first sale.  Such  notice  shall
 9    include  a  description  of  the  project.    Once commenced,
10    construction or development shall be  pursued  diligently  to
11    completion.   The  construction  must  be  completed within 6
12    years of the first sale.  If construction or  development  is
13    not commenced or completed within the times specified herein,
14    any  purchaser may surrender and cancel the contract and upon
15    cancellation shall be entitled to  a  refund  of  the  actual
16    amounts   paid   toward  the  purchase  price  plus  interest
17    attributable to such amount earned while in  trust;  provided
18    however   that  any  delay  caused  by  strike,  shortage  of
19    materials, civil  disorder,  natural  disaster  or  any  like
20    occurrence  beyond the control of the seller shall extend the
21    time of such commencement and completion  by  the  length  of
22    such delay.
23        (b)  At  any  time  within  12  months  of  a purchaser's
24    entering into a pre-need contract for undeveloped  interment,
25    entombment or inurnment spaces, a purchaser may surrender and
26    cancel  his  contract and upon cancellation shall be entitled
27    to a refund of the actual amounts paid  toward  the  purchase
28    price  plus interest attributable to such amount earned while
29    in trust.  Notwithstanding the  foregoing,  the  cancellation
30    and refund rights specified in this paragraph shall terminate
31    as   of   the  date  the  seller  commences  construction  or
32    development of the phase, section or sections of  undeveloped
33    spaces  in  which  sales  are  made.    After  the  rights of
34    cancellation and refund specified herein have terminated,  if
 
SB745 Engrossed             -1763-             LRB9101253EGfg
 1    a  purchaser  defaults  in making payments under the pre-need
 2    contract, the seller shall  have  the  right  to  cancel  the
 3    contract  and withdraw from the trust fund the entire balance
 4    to the  credit  of  the  defaulting  purchaser's  account  as
 5    liquidated damages.  In such event, the trustee shall deliver
 6    said  balance  to the seller upon its certification, and upon
 7    receiving said certification the trustee may rely thereon and
 8    shall not be liable to anyone for such reliance.
 9        (c)  During the construction or development of interment,
10    entombment or inurnment spaces, upon the sworn  certification
11    by  the seller and the contractor to the trustee, the trustee
12    shall disburse from the trust fund the amount  equivalent  to
13    the  cost  of  performed  labor  or  delivered  materials  as
14    certified.   Said certification shall be substantially in the
15    following form:
16        We, the undersigned, being respectively  the  Seller  and
17    Contractor,   do  hereby  certify  that  the  Contractor  has
18    performed labor or delivered materials or both  to:  (address
19    of  property)  ..........,  in  connection with a contract to
20    .........., and that as of this date the value of  the  labor
21    performed and materials delivered is $.......
22        We  do  further  certify  that  in  connection  with such
23    contract there remains labor to be performed,  and  materials
24    to be delivered, of the value of $........
25        This Certificate is signed (insert date). this ... day of
26    ......, 19 ...
27    ............         ............
28      Seller              Contractor

29        A   person   who   executes  and  delivers  a  completion
30    certificate with actual  knowledge  of  a  falsity  contained
31    therein  shall  be  considered  in  violation of this Act and
32    subject to the penalties contained herein.
33        (d)  Except as  otherwise  authorized  by  this  Section,
34    every  seller  of undeveloped spaces shall provide facilities
 
SB745 Engrossed             -1764-             LRB9101253EGfg
 1    for  temporary  interment,  entombment   or   inurnment   for
 2    purchasers  or  beneficiaries  of  contracts who die prior to
 3    completion of the space.  Such temporary facilities shall  be
 4    constructed   of   permanent   materials,   and,  insofar  as
 5    practical, be landscaped and groomed to the extent  customary
 6    in  the  cemetery  industry  in  that  community.  The heirs,
 7    assigns  or  personal  representative  of  a   purchaser   or
 8    beneficiary   shall  not  be  required  to  accept  temporary
 9    underground interment  spaces  where  the  undeveloped  space
10    contracted  for  was  an above ground entombment or inurnment
11    space.  In the event that temporary facilities  as  described
12    in this paragraph are not made available, upon the death of a
13    purchaser  or  beneficiary,  the  heirs, assigns, or personal
14    representative is entitled to a refund of  the  entire  sales
15    price  paid  plus undistributed interest attributable to such
16    amount while in trust.
17        (e)  If the seller delivers a completed space  acceptable
18    to  the  heirs,  assigns  or  personal  representative  of  a
19    purchaser or beneficiary, other than the temporary facilities
20    specified herein, in lieu of the undeveloped space purchased,
21    the   seller  shall  provide  the  trustee  with  a  delivery
22    certificate and all sums deposited under the  pre-need  sales
23    contract,  including  the undistributed income, shall be paid
24    to the seller.
25        (f)  Upon completion of the phase, section or sections of
26    the project as certified to the trustee by the seller and the
27    contractor, the trust  fund  requirements  set  forth  herein
28    shall  terminate  and  all  funds held in the preconstruction
29    trust fund attributable to the completed  phase,  section  or
30    sections,   including  interest  accrued  thereon,  shall  be
31    returned to the seller.
32        (g)  This  Section  shall  not  apply  to  the  sale   of
33    undeveloped  spaces  if  there  has been any such sale in the
34    same phase, section or sections of the project prior  to  the
 
SB745 Engrossed             -1765-             LRB9101253EGfg
 1    effective date of this Act.
 2    (Source: P.A. 84-239; revised 10-20-98.)

 3        Section  298.   The  Platinum  Sales  Act  is  amended by
 4    changing Section 4 as follows:

 5        (815 ILCS 395/4) (from Ch. 121 1/2, par. 141)
 6        Sec. 4.  (a)  All quality marks applied  to  any  article
 7    shall  be  equal in size and equally visible, legible, clear,
 8    and distinct and no quality mark which is false, deceptive or
 9    misleading  shall  be  applied  to  any  article  or  to  any
10    descriptive device therefor. No more than  one  quality  mark
11    shall  be  applied to any article and such quality mark shall
12    be applied to such article in only one place  thereon  except
13    as elsewhere in this Act specifically permitted.
14        (b)  Wherever  in  this Act provision is made for marking
15    the number of parts or percentage of metals  such  number  or
16    percentage   shall   refer  to  weight  and  not  to  volume,
17    thickness, or any other basis.
18    (Source: Laws 1927, p. 783; revised 10-31-98.)

19        Section 299.  The Retail Installment Sales Act is amended
20    by changing Section 21 as follows:

21        (815 ILCS 405/21) (from Ch. 121 1/2, par. 521)
22        Sec. 21. (a) If, in a retail installment  transaction,  a
23    buyer makes any subsequent purchase of goods or services from
24    a  seller  from  whom  he  has  previously purchased goods or
25    services under one or more retail installment contracts,  and
26    the amounts under the previous contract or contracts have not
27    been  fully  paid,  the  subsequent  purchases  may,  at  the
28    seller's  option, be included in and consolidated with one or
29    more of the previous contracts. Each subsequent purchase must
30    be evidenced by a separate retail installment contract  under
 
SB745 Engrossed             -1766-             LRB9101253EGfg
 1    this  Act,  notwithstanding that the purchase may be included
 2    in and consolidated with one or more of those in the previous
 3    contracts. All of the provisions of this Act with respect  to
 4    retail   installment  contracts  apply  to  these  subsequent
 5    purchases except as otherwise provided in  this  Section.  If
 6    installment  purchases  are  consolidated,  the  seller  may,
 7    instead  of  having  the  buyer  execute a retail installment
 8    contract for each subsequent purchase  as  provided  in  this
 9    Act,   prepare   a  written  memorandum  of  each  subsequent
10    purchase, in which case Sections 3 and 14 and  paragraph  (a)
11    of  Section  5  do  not apply. Unless previously furnished in
12    writing to the buyer by the seller, by sales slip,  memoranda
13    or  otherwise,  the memorandum must set forth with respect to
14    each subsequent purchase the following:
15             (1)  all items of disclosure required by  Section  5
16        of this Act for a retail installment contract; and
17             (2)  the   outstanding   balance   of  the  previous
18        contract or contracts;
19             (3)  the consolidated balance;
20             (4)  the deferred payment price  of  the  subsequent
21        purchase; and
22             (5)  the revised Total of Payments applicable to the
23        previous   contract   or  contracts  and  the  subsequent
24        purchase.
25        The seller must deliver to  the  buyer  a  copy  of  this
26    memorandum before the due date of the first installment under
27    the consolidated contract.
28    (Source: P.A. 90-437, eff. 1-1-98; revised 10-31-98.)

29        Section  300.   The  Travel Promotion Consumer Protection
30    Act is amended by changing Sections 1 and 2 as follows:

31        (815 ILCS 420/1) (from Ch. 121 1/2, par. 1851)
32        Sec. 1.  Short title.  This Act shall be known and may be
 
SB745 Engrossed             -1767-             LRB9101253EGfg
 1    cited as the Travel Promotion Consumer Protection Act".
 2    (Source: P.A. 85-995; revised 10-31-98.)

 3        (815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)
 4        Sec. 2.  Definitions.
 5        (a)  "Travel promoter" means a person, including  a  tour
 6    operator,  who  sells,  provides,  furnishes,  contracts for,
 7    arranges or advertises that he or she will arrange  wholesale
 8    or  retail  transportation  by  air,  land,  sea or navigable
 9    stream,  either  separately  or  in  conjunction  with  other
10    services.  "Travel promoter" does  not  include  (1)  an  air
11    carrier; (2) a sea carrier; (3) an officially appointed agent
12    of  an  air  carrier  who is a member in good standing of the
13    Airline Reporting Corporation; or (4) a travel  promoter  who
14    has  in  force  $1,000,000  or  more  of  liability insurance
15    coverage for professional errors and omissions and  a  surety
16    bond  or  equivalent surety in the amount of $100,000 or more
17    for the benefit of consumers in the event of a bankruptcy  on
18    the  part  of the travel promoter; or (5) a riverboat subject
19    to regulation under the Riverboat Gambling Act.
20        (b)  "Advertise" means to make any representation in  the
21    solicitation  of  passengers  and includes communication with
22    other members of the  same  partnership,  corporation,  joint
23    venture, association, organization, group or other entity.
24        (c)  "Passenger"  means a person on whose behalf money or
25    other consideration has been given  or  is  to  be  given  to
26    another,  including  another  member of the same partnership,
27    corporation, joint venture, association, organization,  group
28    or other entity, for travel.
29        (d)  "Ticket  or  voucher" means a writing or combination
30    of writings which is itself good  and  sufficient  to  obtain
31    transportation and other services for which the passenger has
32    contracted.
33    (Source: P.A. 88-260; revised 10-31-98.)
 
SB745 Engrossed             -1768-             LRB9101253EGfg
 1        Section  302.  The Business Opportunity Sales Law of 1995
 2    is amended by changing Sections 5-5.10 and 5-45 as follows:

 3        (815 ILCS 602/5-5.10)
 4        Sec. 5-5.10. Business opportunity.
 5        (a)  "Business   opportunity"   means   a   contract   or
 6    agreement,  between  a  seller  and  purchaser,  express   or
 7    implied,  orally or in writing, wherein it is agreed that the
 8    seller or a person recommended by the seller shall provide to
 9    the purchaser any product, equipment,  supplies  or  services
10    enabling the purchaser to start a business when the purchaser
11    is  required  to  make  a  payment  to the seller or a person
12    recommended by the seller of more than $500  and  the  seller
13    represents  directly  or  indirectly,  orally  or in writing,
14    that:
15             (1)  the seller  or  a  person  recommended  by  the
16        seller  will  provide  or assist the purchaser in finding
17        locations for the use or operation of  vending  machines,
18        racks,   display  cases  or  other  similar  devices,  on
19        premises neither owned nor leased  by  the  purchaser  or
20        seller;
21             (2)  the  seller  or  a  person  recommended  by the
22        seller will provide or assist the  purchaser  in  finding
23        outlets  or  accounts  for  the  purchaser's  products or
24        services;
25             (3)  the seller or a person specified by the  seller
26        will   purchase  any  or  all  products  made,  produced,
27        fabricated, grown, bred or modified by the purchaser;
28             (4)  the seller guarantees that the  purchaser  will
29        derive  income  from the business which exceeds the price
30        paid to the seller;
31             (5)  the seller will refund all or part of the price
32        paid to the seller, or repurchase any  of  the  products,
33        equipment  or supplies provided by the seller or a person
 
SB745 Engrossed             -1769-             LRB9101253EGfg
 1        recommended  by  the  seller,   if   the   purchaser   is
 2        dissatisfied with the business; or
 3             (6)  the  seller  will  provide  a  marketing  plan,
 4        provided  that  this Law shall not apply to the sale of a
 5        marketing plan made in conjunction with the licensing  of
 6        a  federally registered trademark or federally registered
 7        service mark.
 8        (b)  "Business opportunity" does not include:
 9             (1)  any  offer  or  sale  of  an  ongoing  business
10        operated by the seller and to be sold in its entirety;
11             (2)  any offer or sale of a business opportunity  to
12        an   ongoing  business  where  the  seller  will  provide
13        products,  equipment,  supplies  or  services  which  are
14        substantially  similar  to   the   products,   equipment,
15        supplies  or services sold by the purchaser in connection
16        with the purchaser's ongoing business;
17             (3)  any offer or sale  of  a  business  opportunity
18        which   is  a  franchise  as  defined  by  the  Franchise
19        Disclosure Act of 1987;
20             (4)  any offer or sale  of  a  business  opportunity
21        which  is  registered pursuant to the Illinois Securities
22        Law of 1953;
23             (5)  any offer or sale  of  a  business  opportunity
24        which  involves a marketing plan made in conjunction with
25        the licensing of  a  federally  registered  trademark  or
26        federally  registered  service  mark  provided  that  the
27        seller   had   a  minimum  net  worth  of  $1,000,000  as
28        determined on the  basis  of  the  seller's  most  recent
29        audited  financial statement prepared within 13 months of
30        the  first  offer  in  this  State.  Net  worth  may   be
31        determined on a consolidated basis where the seller is at
32        least  80%  owned by one person and that person expressly
33        guarantees the obligations of the seller with  regard  to
34        the  offer or sale of any business opportunity claimed to
 
SB745 Engrossed             -1770-             LRB9101253EGfg
 1        be excluded under this item; or
 2             (6)  any offer or sale of a business opportunity  by
 3        an  executor,  administrator, sheriff, marshal, receiver,
 4        trustee in  bankruptcy,  guardian  or  conservator  or  a
 5        judicial offer or sale, of a business opportunity; or.
 6             (7)  cash payments made by a purchaser not exceeding
 7        $500  and the payment is made for the not-for-profit sale
 8        of sales demonstration equipment, material or samples, or
 9        the payment is made for product  inventory  sold  to  the
10        purchaser at a bona fide wholesale price.
11    (Source:  P.A.  89-209,  eff.  1-1-96;  90-70,  eff.  7-8-97;
12    revised 10-31-98.)

13        (815 ILCS 602/5-45)
14        Sec.   5-45.   Denial,   suspension,   or  revocation  of
15    registration.
16        (a)  The Secretary of State may issue  an  order  denying
17    effectiveness to, or suspending or revoking the effectiveness
18    of,  a  registration if the Secretary of State finds that the
19    order is in the public interest and that any of the following
20    exist:
21             (1)  The registration as of its effective date or as
22        of any earlier date in  the  case  of  an  order  denying
23        effectiveness, or any amendment as of its effective date,
24        or  any  report  is incomplete in any material respect or
25        contains any statement which was, in  the  light  of  the
26        circumstances   under   which   it  was  made,  false  or
27        misleading with respect to any material fact.
28             (2)  Any  provision  of  this  Law  or   any   rule,
29        regulation,  order,  or  condition lawfully imposed under
30        this Law has been willfully violated, in connection  with
31        the business opportunity:
32                  (A)  by the person filing the registration; or
33                  (B)  by  the  seller,  any partner, officer, or
 
SB745 Engrossed             -1771-             LRB9101253EGfg
 1             director of  the  seller,  any  person  occupying  a
 2             similar  status  or performing similar functions, or
 3             any person directly  or  indirectly  controlling  or
 4             controlled  by  the  seller,  but only if the person
 5             filing the registration is  directly  or  indirectly
 6             controlled by or acting for the seller.
 7             (3)  The  business  opportunity registered or sought
 8        to be registered is  the  subject  of  an  administrative
 9        order denying, suspending or revoking a registration or a
10        permanent  or  temporary injunction or final order of any
11        court of competent jurisdiction;  but  the  Secretary  of
12        State:
13                  (A)  may  not institute a proceeding against an
14             effective registration  under  this  paragraph  more
15             than  one  year  from  the  date  of  the  order  or
16             injunction relied on; and
17                  (B)  may   not   enter   an  order  under  this
18             paragraph on the basis of  an  order  or  injunction
19             entered  under any other State Act unless that order
20             or  injunction  was  based  on  facts  which   would
21             currently  constitute  a  ground  for an order under
22             this Section.
23             (4)  The seller's enterprise or method of  business,
24        or  that  of  the business opportunity, includes or would
25        include activities which are illegal where performed.
26             (5)  The business opportunity or the offering  of  a
27        business opportunity has worked or tended to work a fraud
28        upon purchasers or would so operate.
29             (6)  There  has been a failure to file any documents
30        or information required by Section 5-30 of this Law.;
31             (7)  The seller has failed to pay the proper  filing
32        fee  but  the  Secretary of State may enter only a denial
33        order under this paragraph and  the  Secretary  of  State
34        shall  vacate any such order when the deficiency has been
 
SB745 Engrossed             -1772-             LRB9101253EGfg
 1        corrected.
 2             (8)  The  seller's  literature  or  advertising   is
 3        misleading, incorrect, incomplete or deceptive.
 4        (b)  The   Secretary   of   State  may  not  institute  a
 5    proceeding  under   this   Section   against   an   effective
 6    registration  on  the basis of a fact or transaction known to
 7    the Secretary of State when the registration became effective
 8    unless the proceeding is instituted within the next 30 days.
 9        (c)  The Secretary of State may by summary order postpone
10    or suspend the  effectiveness  of  the  registration  pending
11    final  determination  of  any proceeding under this  Section.
12    Upon the entry of the order, the  Secretary  of  State  shall
13    promptly  notify  the  seller that the order has been entered
14    and of the reasons therefor and that within 15 days after the
15    receipt of a written request the matter will be set down  for
16    hearing.  The  written request must be made within 30 days of
17    the entry of the order. If no hearing is requested  and  none
18    is  ordered  by the Secretary of State, the order will remain
19    in effect until it is modified or vacated by the Secretary of
20    State. If a hearing is requested or ordered, the Secretary of
21    State, after notice of an  opportunity  for  hearing  to  the
22    seller,  may  modify  or  vacate the order or extend it until
23    final determination.
24        (d)  No summary order may be entered under  any  part  of
25    this  Section, except the first sentence of subsection (c) of
26    this Section, without appropriate prior notice to the seller,
27    opportunity for hearing, and written  findings  of  fact  and
28    conclusions of law.
29        (e)  The Secretary of State may vacate or modify an order
30    issued  under  this  Section  if the Secretary of State finds
31    that the conditions which prompted its entry have changed  or
32    that it is otherwise in the public interest to do so.
33    (Source:  P.A.  89-209,  eff.  1-1-96;  90-70,  eff.  7-8-97;
34    revised 10-31-98.)
 
SB745 Engrossed             -1773-             LRB9101253EGfg
 1        Section  303.   The  Credit  Services Organization Act is
 2    amended by changing Section 6 as follows:

 3        (815 ILCS 605/6) (from Ch. 121 1/2, par. 2106)
 4        Sec. 6.  Before the execution of a contract or other form
 5    of  agreement  between  a  buyer  and   a   credit   services
 6    organization  or  before the receipt by any such organization
 7    of money or other valuable  consideration,  whichever  occurs
 8    first,  such  organization  shall  provide  the  buyer with a
 9    statement, in writing, containing the following:
10             (1)  a  complete  and  accurate  statement  of   the
11        buyer's  right to review any file on the buyer maintained
12        by a consumer reporting agency,  as  provided  under  the
13        Fair  Credit  Reporting  Act  (15  U.S.C. Section 1681 et
14        seq.);
15             (2)  a statement  that  the  buyer  may  review  his
16        consumer reporting agency file at no charge if a request
17        therefor  therefore  is  made  to  such  agency within 30
18        thirty days after receipt by the  buyer  of  notice  that
19        credit  has  been  denied and if such request is not made
20        within the allotted time, the approximate charge  to  the
21        buyer for such review;
22             (3)  a   complete  and  accurate  statement  of  the
23        buyer's right to dispute the completeness or accuracy  of
24        any item contained in any file on the buyer maintained by
25        a consumer reporting agency;
26             (4)  a  complete  and  detailed  description  of the
27        services  to  be  performed  by   the   credit   services
28        organization  and  the  total  cost to the buyer for such
29        services;
30             (5)  a  statement  notifying  the  buyer  that:  (i)
31        credit reporting agencies have no  obligation  to  remove
32        information from credit reports unless the information is
33        erroneous,  cannot  be  verified  or is more than 7 years
 
SB745 Engrossed             -1774-             LRB9101253EGfg
 1        old;  and  (ii)  credit  reporting   agencies   have   no
 2        obligation  to remove information concerning bankruptcies
 3        unless such information is more than 10 years old;
 4             (6)  a statement  asserting  the  buyer's  right  to
 5        proceed  against  the  surety bond required under Section
 6        10; and
 7             (7)  the name  and  business  address  of  any  such
 8        surety  company  together with the name and the number of
 9        the account.
10        The credit services organization shall maintain on  file,
11    for  a  period of 2 two years after the date the statement is
12    provided, an exact copy  of  the  statement,  signed  by  the
13    buyer, acknowledging receipt of the statement.
14    (Source: P.A. 85-1384; revised 10-31-98.)

15        Section  304.  The Personnel Record Review Act is amended
16    by changing Section 9 as follows:

17        (820 ILCS 40/9) (from Ch. 48, par. 2009)
18        Sec. 9.  (1) An employer  shall  not  gather  or  keep  a
19    record  of  an employee's associations, political activities,
20    publications,  communications  or  nonemployment  activities,
21    unless the employee submits the  information  in  writing  or
22    authorizes  the  employer  in  writing  to keep or gather the
23    information.   This  prohibition  shall  not  apply  to   the
24    activities  that  occur  on the employer's premises or during
25    the  employee's  working  hours  with  that  employer   which
26    interfere  with  the  performance of the employee's duties or
27    the duties of other employees or  activities,  regardless  of
28    when  and  where occurring, which constitute criminal conduct
29    or  may  reasonably  be  expected  to  harm  the   employer's
30    property,  operations or business, or could by the employee's
31    action cause the  employer  financial  liability.   A  record
32    which is kept by the employer as permitted under this Section
 
SB745 Engrossed             -1775-             LRB9101253EGfg
 1    shall be part of the personnel record.
 2    (Source: P.A. 83-1104; revised 10-31-98.)

 3        Section 305.  The Minimum Wage Law is amended by changing
 4    Section 3 as follows:

 5        (820 ILCS 105/3) (from Ch. 48, par. 1003)
 6        Sec. 3.  As used in this Act:
 7        (a)  "Director"  means  the Director of the Department of
 8    Labor, and "Department" means the Department of Labor.
 9        (b)  "Wages" means compensation due  to  an  employee  by
10    reason  of his employment, including allowances determined by
11    the Director in accordance with the provisions  of  this  Act
12    for gratuities and, when furnished by the employer, for meals
13    and lodging actually used by the employee.
14        (c)  "Employer"  includes  any  individual,  partnership,
15    association,  corporation,  business  trust,  governmental or
16    quasi-governmental body, or any person or  group  of  persons
17    acting  directly or indirectly in the interest of an employer
18    in relation to an employee, for which one or more persons are
19    gainfully employed on some day within  a  calendar  year.  An
20    employer  is  subject  to  this Act in a calendar year on and
21    after the first day in such calendar year in which he employs
22    one or more persons, and for the following calendar year.
23        (d)  "Employee" includes any individual permitted to work
24    by an employer in an occupation, but  does  not  include  any
25    individual permitted to work:
26             (1)  For   an   employer   employing  fewer  than  4
27        employees exclusive of the employer's parent,  spouse  or
28        child or other members of his immediate family.
29             (2)  As  an  employee  employed  in  agriculture  or
30        aquaculture  (A)  if  such  employee  is  employed  by an
31        employer who did not, during any calendar quarter  during
32        the  preceding  calendar year, use more than 500 man-days
 
SB745 Engrossed             -1776-             LRB9101253EGfg
 1        of  agricultural  or  aquacultural  labor,  (B)  if  such
 2        employee is the parent, spouse or child, or other  member
 3        of  the employer's immediate family, (C) if such employee
 4        (i) is employed as a hand harvest laborer and is paid  on
 5        a piece rate basis in an operation which has been, and is
 6        customarily and generally recognized as having been, paid
 7        on  a  piece rate basis in the region of employment, (ii)
 8        commutes daily from his permanent residence to  the  farm
 9        on  which  he is so employed, and (iii) has been employed
10        in agriculture less than 13 weeks  during  the  preceding
11        calendar  year,  (D)  if  such  employee  (other  than an
12        employee described in clause (C) of  this  subparagraph):
13        (i) is 16 years of age or under and is employed as a hand
14        harvest  laborer,  is  paid  on  a piece rate basis in an
15        operation  which  has  been,  and  is   customarily   and
16        generally recognized as having been, paid on a piece rate
17        basis  in  the  region of employment, (ii) is employed on
18        the same farm as his parent or  person  standing  in  the
19        place  of his parent, and (iii) is paid at the same piece
20        rate as employees over 16 are paid on the same farm.
21             (3)  In domestic service in or about a private home.
22             (4)  As an outside salesman.
23             (5)  As a  member  of  a  religious  corporation  or
24        organization.
25             (6)  At an accredited Illinois college or university
26        employed  by  the  college or university at which he is a
27        student who is covered under the provisions  of the  Fair
28        Labor  Standards  Act of 1938, as heretofore or hereafter
29        amended".
30             (7)  For a motor carrier and with  respect  to  whom
31        the  U.S.  Secretary  of  Transportation has the power to
32        establish qualifications and  maximum  hours  of  service
33        under  the  provisions of Title 49 U.S.C. or the State of
34        Illinois under Section 18b-105 (Title 92 of the  Illinois
 
SB745 Engrossed             -1777-             LRB9101253EGfg
 1        Administrative  Code,  Part  395  -  Hours  of Service of
 2        Drivers) of the Illinois Vehicle Code.
 3        The above exclusions from  the  term  "employee"  may  be
 4    further defined by regulations of the Director.
 5        (e)  "Occupation"  means  an industry, trade, business or
 6    class of work in which employees are gainfully employed.
 7        (f)  "Gratuities" means voluntary monetary  contributions
 8    to an employee from a guest, patron or customer in connection
 9    with services rendered.
10        (g)  "Outside   salesman"  means  an  employee  regularly
11    engaged in making sales or obtaining orders or contracts  for
12    services  where  a major portion of such duties are performed
13    away from his employer's place of business.
14    (Source: P.A. 88-594, eff. 8-26-94; revised 10-31-98.)

15        Section 306.  The  Wages  of  Women  and  Minors  Act  is
16    amended by changing Sections 1 and 5.1  as follows:

17        (820 ILCS 125/1) (from Ch. 48, par. 198.1)
18        Sec. 1. As used in this Act:
19        "Department" means the Department of Labor.
20        "Director" means the Director of the Department of Labor.
21        "Wage Board" means a board created as provided in Section
22    5 of this Act.
23        "Woman" means a female of 18 years or over.
24        "Minor" means a person under the age of 18 years.
25        "Occupation"  means  an  industry,  trade  or business or
26    branch thereof or class of work therein  in  which  women  or
27    minors  are gainfully employed, but does not include domestic
28    service in the home of the employer or labor on a farm.
29        "An oppressive and unreasonable wage" means a wage  which
30    is  both  less  than  the  fair  and  reasonable value of the
31    services rendered  and  less  than  sufficient  to  meet  the
32    minimum cost of living necessary for health.
 
SB745 Engrossed             -1778-             LRB9101253EGfg
 1        "A   fair  wage"  means  a  wage  fairly  and  reasonably
 2    commensurate with the value  of  the  services  or  class  of
 3    service rendered. In establishing a minimum fair wage for any
 4    service or class of service under this Act the Department and
 5    the  wage board without being bound by any technical rules of
 6    evidence or procedure (1) may take into account all  relevant
 7    circumstances  affecting the value of the service or class of
 8    service  rendered,  and   (2)   may   be   guided   by   like
 9    considerations  as  would  guide  a  court  in a suit for the
10    reasonable value of  services  rendered  where  services  are
11    rendered at the request of an employer without contract as to
12    the  amount  of the wage to be paid, and (3) may consider the
13    wages paid in the  State  for  work  of  like  or  comparable
14    character  by employers who voluntarily maintain minimum fair
15    wage standards.
16        "A directory order" means an order the  nonobservance  of
17    which may be published as provided in Section 9 of this Act.
18        "A mandatory order" means an order the violation of which
19    is  subject  to  the  penalties  prescribed in paragraph 2 of
20    Section 15 of this Act.
21    (Source: P.A. 77-2802; revised 10-31-98.)

22        (820 ILCS 125/5.1) (from Ch. 48, par. 198.5)
23        Sec. 5.1.  Wage board.
24        1.  A wage board shall be composed of  not  more  than  2
25    representatives   of  the  employers  in  any  occupation  or
26    occupations,  an  equal  number  of  representatives  of  the
27    employees in  such  occupation  or  occupations  and  of  one
28    disinterested  person  representing  the public, who shall be
29    designated  as  chairman.  The  director  shall  appoint  the
30    members of  such  wage  board,  the  representatives  of  the
31    employers  and employees to be selected so far as practicable
32    from nominations submitted by employers and employees in such
33    occupation or occupations. A majority of the members of  such
 
SB745 Engrossed             -1779-             LRB9101253EGfg
 1    wage  board shall constitute a quorum and the recommendations
 2    or report of such wage board shall require a vote of not less
 3    than a majority of all its members. Members of a  wage  board
 4    shall  serve without pay, but may be reimbursed for necessary
 5    traveling expenses. The Department shall make  and  establish
 6    from  time  to  time  rules  and  regulations  governing  the
 7    selection  of  a  wage  board  and  its mode of procedure not
 8    inconsistent with this Act.
 9        2.  A wage board shall have power to administer oaths and
10    to require  by  subpoena  the  attendance  and  testimony  of
11    witnesses,  the  production  of all books, records, and other
12    evidence relative to any matters  under  investigation.  Such
13    subpoenas  shall be signed and issued by a member of the wage
14    board and may be served  by  any  person  of  full  age.  Any
15    circuit  court upon application of any member of a wage board
16    may, in its discretion, compel the  attendance  of  witnesses
17    and  giving of testimony and the production of books, records
18    and other evidence by attachment for contempt or otherwise in
19    the same manner as production of evidence  may  be  compelled
20    before  the  court.  A  wage  board shall have power to cause
21    depositions of witnesses residing within or without the State
22    to be taken in the manner prescribed for like depositions  in
23    civil actions in the circuit court.
24        3.  The Department shall present to a wage board promptly
25    upon its organization all the evidence and information in its
26    possession  relating  to the wages of women and minor workers
27    in the occupation or occupations for which the wage board was
28    appointed and all  other  information  which  the  Department
29    deems  relevant  to  the establishment of a minimum fair wage
30    for such women and minors, and  shall  cause  to  be  brought
31    before  the  committee  any witnesses deemed material. A wage
32    board may summon other witnesses or call upon the  Department
33    to   furnish   additional   information  to  aid  it  in  its
34    deliberation.
 
SB745 Engrossed             -1780-             LRB9101253EGfg
 1        4.  Within 60 days of its organization a wage board shall
 2    submit a report including its recommendations as  to  minimum
 3    fair wage standards for the women or minors in the occupation
 4    or occupations the wage standards of which the wage board was
 5    appointed  to  investigate.  If  its  report is not submitted
 6    within such time the Department may  constitute  a  new  wage
 7    board.
 8        5.  A   wage   board   may   differentiate  and  classify
 9    employments in any occupation according to the nature of  the
10    service rendered and recommend appropriate minimum fair rates
11    for  different  employments.  A wage board may also recommend
12    minimum fair wage rates varying with  localities  if  in  the
13    judgment  of  the  wage  board  conditions  make  such  local
14    differentiation  proper  and  do  not  effect an unreasonable
15    discrimination against any locality.
16        6.  A wage board may recommend a suitable scale of  rates
17    for   learners   and   apprentices   in   any  occupation  or
18    occupations, which scale of learners' and apprentices'  rates
19    may  be  less  than  the  regular  minimum  fair  wage  rates
20    recommended  for  experienced  women or minor workers in such
21    occupation or occupations.
22    (Source: P.A. 83-334; revised 10-31-98.)

23        Section 307.  The Personal Service  Wage  Refund  Act  is
24    amended by changing Section 3 as follows:

25        (820 ILCS 165/3) (from Ch. 48, par. 216c)
26        Sec.  3. The provisions of this Act shall not apply as to
27    any deduction made  by  employers  under  any  title  of  the
28    "Social   Security   Act",   or  the  Illinois  "Unemployment
29    Insurance Compensation Act", or as to any contributions  made
30    by   employees   for  hospitalization,  sick  benefit  plans,
31    insurance, savings plans, credit  unions,  employees'  social
32    and  recreational  clubs,  or  union  dues,  pursuant  to any
 
SB745 Engrossed             -1781-             LRB9101253EGfg
 1    agreement, or to any pension fund.
 2    (Source: Laws 1941, vol. 1, p. 658; revised 10-31-98.)

 3        Section 308.  The Child Labor Law is amended by  changing
 4    Section 1 as follows:

 5        (820 ILCS 205/1) (from Ch. 48, par. 31.1)
 6        Sec. 1.  No minor under 16 years of age, except minors 14
 7    or  15 years of age who are participating in federally funded
 8    work experience career education programs under the direction
 9    of the State  Board  of  Education,  at  any  time  shall  be
10    employed,  permitted  or  allowed  to  work  in  any  gainful
11    occupation  in  connection  with any theater, concert hall or
12    place of amusement, or  any  mercantile  institution,  store,
13    office,  hotel,  laundry,  manufacturing establishment, mill,
14    cannery, factory or  workshop,  restaurant,  lunchroom  lunch
15    rooms,  beauty  parlor parlors, barber shop, bakery bakeries,
16    or coal, brick or lumber yard, or in any type of construction
17    work within this State; however, minors  between  14  and  16
18    years  of  age may be employed, permitted, or allowed to work
19    outside school hours and during school vacations but  not  in
20    dangerous  or  hazardous  factory  work  or in any occupation
21    otherwise prohibited by law or by order or regulation made in
22    pursuance of law.  No minor under 12  years  of  age,  except
23    members  of the farmer's farmers own family who live with the
24    farmer at his principal place of residence, at any time shall
25    be employed, permitted or allowed  to  work  in  any  gainful
26    occupation  in  connection  with agriculture, except that any
27    minor of 10 years of age or more may be permitted to work  in
28    a  gainful  occupation  in connection with agriculture during
29    the school vacations or outside of school hours.
30    (Source: P.A. 84-551; revised 10-31-98.)

31        Section  309.   The  Toxic   Substances   Disclosure   to
 
SB745 Engrossed             -1782-             LRB9101253EGfg
 1    Employees Act is amended by changing Section 11 as follows:

 2        (820 ILCS 255/11) (from Ch. 48, par. 1411)
 3        Sec. 11. (a) Any person, including any supplier, importer
 4    or  manufacturer,  who  sells  any toxic substance within the
 5    State of Illinois must provide the buyer, within 30  days  of
 6    the  date  of  receipt, with a material safety data sheet for
 7    the toxic substance and must label  the  container  with  the
 8    chemical  name  and  appropriate  hazard  warning. The person
 9    selling the toxic substance need not provide  more  than  one
10    material  safety data sheet for a single toxic substance to a
11    single  buyer,  unless  such  buyer  requests  a  second   or
12    subsequent   material   safety   data  sheet  for  the  toxic
13    substance, in which case the seller shall provide a  copy  of
14    the material safety data sheet to the buyer within 30 days of
15    receipt of such request.
16        (b)  This  Section shall become effective with respect to
17    any toxic substance upon filing,  unless  a  later  effective
18    date is specified in the rule, pursuant to Section 4(e).
19    (Source: P.A. 83-240; revised 10-31-98.)

20        Section  310.   The Unemployment Insurance Act is amended
21    by changing Section 2105 as follows:

22        (820 ILCS 405/2105) (from Ch. 48, par. 665)
23        Sec. 2105.  Local Employment Assistance  Fund.  There  is
24    created a fund to be known as the Local Employment Assistance
25    Fund, to be held by the Director.
26        The Local Employment Assistance Fund shall be used to the
27    extent determined necessary by the Director to pay:
28             (1)  benefits  to  persons unemployed as a result of
29        natural disaster or foreign trade displacement; and
30             (2)  transportation or other  immediate  immediately
31        expense incurred by job training program participants.
 
SB745 Engrossed             -1783-             LRB9101253EGfg
 1        Local  Accounts  for  such purposes may be established by
 2    the Director.
 3        Expenditures from the Local  Employment  Assistance  Fund
 4    shall   be   made   in  accordance  with  applicable  program
 5    provisions and shall be limited to those purposes and amounts
 6    specified under applicable program guidelines.
 7        No expenditure from the Local Employment Assistance  Fund
 8    shall  be  made for purposes which are properly chargeable to
 9    appropriations for the following objects: personal  services;
10    extra  help; State contributions to retirement system;, State
11    contributions to Social  Security;  State  contributions  for
12    employee   group  insurance;  contractual  services;  travel;
13    commodities; printing; equipment; electronic data processing;
14    operation of  auto  equipment;  telecommunications  services;
15    library books; and refunds.
16        Deposits  into the Local Employment Assistance Fund shall
17    consist only of  amounts  received  from  public  or  private
18    sources for the purposes of this Section.
19        Disbursements  from  the Local Employment Assistance Fund
20    shall be made upon the order of the  Director.  The  Director
21    may  invest  amounts in the Local Employment Assistance Fund,
22    not immediately required for expenditure, in certificates  of
23    deposit  or  other  interest  bearing  accounts. Any interest
24    earned shall be deposited at least quarterly in  the  General
25    Revenue Fund.
26    (Source: P.A. 83-1309; revised 10-31-98.)

27        (P.A. 90-590, Sec. 2001-55 rep.)
28        Section  311.   Section  2001-55  of the Juvenile Justice
29    Reform Provisions of 1998 (Public Act 90-590), which is being
30    moved into the Juvenile  Court  Act  of  1987  (as  705  ILCS
31    405/1-18), is repealed.

32        Section  996.   No acceleration or delay.  Where this Act
 
SB745 Engrossed             -1784-             LRB9101253EGfg
 1    makes changes in a statute that is represented in this Act by
 2    text that is not yet or no longer in effect (for  example,  a
 3    Section  represented  by  multiple versions), the use of that
 4    text does not accelerate or delay the taking  effect  of  (i)
 5    the  changes made by this Act or (ii) provisions derived from
 6    any other Public Act.

 7        Section 997.  No revival or extension.  This Act does not
 8    revive or extend any Section or Act otherwise repealed.

 9        Section 999. Effective date.  This Act takes effect  upon
10    becoming law.
 
SB745 Engrossed             -1785-             LRB9101253EGfg
 1                                INDEX
 2               Statutes amended in order of appearance
 3    5 ILCS 80/4.18
 4    5 ILCS 80/4.19 rep.
 5    5 ILCS 100/5-45           from Ch. 127, par. 1005-45
 6    5 ILCS 100/5-80           from Ch. 127, par. 1005-80
 7    5 ILCS 140/7              from Ch. 116, par. 207
 8    5 ILCS 312/2-104          from Ch. 102, par. 202-104
 9    5 ILCS 312/3-106          from Ch. 102, par. 203-106
10    5 ILCS 340/3              from Ch. 15, par. 503
11    5 ILCS 340/7              from Ch. 15, par. 507
12    5 ILCS 375/10             from Ch. 127, par. 530
13    10 ILCS 5/2A-27           from Ch. 46, par. 2A-27
14    10 ILCS 5/4-6.1           from Ch. 46, par. 4-6.1
15    10 ILCS 5/4-8             from Ch. 46, par. 4-8
16    10 ILCS 5/4-9             from Ch. 46, par. 4-9
17    10 ILCS 5/4-10            from Ch. 46, par. 4-10
18    10 ILCS 5/4-12            from Ch. 46, par. 4-12
19    10 ILCS 5/4-23            from Ch. 46, par. 4-23
20    10 ILCS 5/5-7             from Ch. 46, par. 5-7
21    10 ILCS 5/5-9             from Ch. 46, par. 5-9
22    10 ILCS 5/5-15            from Ch. 46, par. 5-15
23    10 ILCS 5/5-29.01         from Ch. 46, par. 5-29.01
24    10 ILCS 5/6-29            from Ch. 46, par. 6-29
25    10 ILCS 5/6-35            from Ch. 46, par. 6-35
26    10 ILCS 5/6-44            from Ch. 46, par. 6-44
27    10 ILCS 5/6-67.01         from Ch. 46, par. 6-67.01
28    10 ILCS 5/7-10            from Ch. 46, par. 7-10
29    10 ILCS 5/7-10.1          from Ch. 46, par. 7-10.1
30    10 ILCS 5/7-24            from Ch. 46, par. 7-24
31    10 ILCS 5/7-34            from Ch. 46, par. 7-34
32    10 ILCS 5/7-53            from Ch. 46, par. 7-53
33    10 ILCS 5/8-8             from Ch. 46, par. 8-8
34    10 ILCS 5/9-1.7           from Ch. 46, par. 9-1.7
 
SB745 Engrossed             -1786-             LRB9101253EGfg
 1    10 ILCS 5/10-6.2          from Ch. 46, par. 10-6.2
 2    10 ILCS 5/12-1            from Ch. 46, par. 12-1
 3    10 ILCS 5/14-4            from Ch. 46, par. 14-4
 4    10 ILCS 5/17-9            from Ch. 46, par. 17-9
 5    10 ILCS 5/17-10           from Ch. 46, par. 17-10
 6    10 ILCS 5/17-17           from Ch. 46, par. 17-17
 7    10 ILCS 5/17-23           from Ch. 46, par. 17-23
 8    10 ILCS 5/19-8            from Ch. 46, par. 19-8
 9    10 ILCS 5/24-1.1          from Ch. 46, par. 24-1.1
10    10 ILCS 5/24A-3           from Ch. 46, par. 24A-3
11    10 ILCS 5/24B-3
12    15 ILCS 305/5             from Ch. 124, par. 5
13    15 ILCS 335/14B           from Ch. 124, par. 34B
14    15 ILCS 405/14            from Ch. 15, par. 214
15    20 ILCS 301/15-45
16    20 ILCS 415/4c            from Ch. 127, par. 63b104c
17    20 ILCS 415/8c            from Ch. 127, par. 63b108c
18    20 ILCS 505/5             from Ch. 23, par. 5005
19    20 ILCS 505/9.8           from Ch. 23, par. 5009.8
20    20 ILCS 605/46.6a         from Ch. 127, par. 46.6a
21    20 ILCS 605/46.19e        from Ch. 127, par. 46.19e
22    20 ILCS 605/46.32a        from Ch. 127, par. 46.32a
23    20 ILCS 620/9             from Ch. 67 1/2, par. 1009
24    20 ILCS 655/8             from Ch. 67 1/2, par. 612
25    20 ILCS 665/4             from Ch. 127, par. 200-24
26    20 ILCS 700/2003          from Ch. 127, par. 3702-3
27    20 ILCS 801/1-15
28    20 ILCS 1005/44a          from Ch. 127, par. 44a
29    20 ILCS 1110/8            from Ch. 96 1/2, par. 4108
30    20 ILCS 1130/5            from Ch. 111 1/2, par. 6805
31    20 ILCS 1205/17           from Ch. 17, par. 118
32    20 ILCS 1605/21           from Ch. 120, par. 1171
33    20 ILCS 1605/24           from Ch. 120, par. 1174
34    20 ILCS 1705/4            from Ch. 91 1/2, par. 100-4
 
SB745 Engrossed             -1787-             LRB9101253EGfg
 1    20 ILCS 1705/18.1         from Ch. 91 1/2, par. 100-18.1
 2    20 ILCS 1705/22           from Ch. 91 1/2, par. 100-22
 3    20 ILCS 1825/3            from Ch. 129, par. 403
 4    20 ILCS 1915/1            from Ch. 96 1/2, par. 7501
 5    20 ILCS 1920/2.04         from Ch. 96 1/2, par. 8002.04
 6    20 ILCS 1920/3.02         from Ch. 96 1/2, par. 8003.02
 7    20 ILCS 2105/60b          from Ch. 127, par. 60b
 8    20 ILCS 2105/60g          from Ch. 127, par. 60g
 9    20 ILCS 2105/60m          from Ch. 127, par. 60m
10    20 ILCS 2105/61f          formerly 110 ILCS 355/62.1
11    20 ILCS 2215/4-3          from Ch. 111 1/2, par. 6504-3
12    20 ILCS 2215/5-1          from Ch. 111 1/2, par. 6505-1
13    20 ILCS 2310/55.57        from Ch. 127, par. 55.57
14    20 ILCS 2310/55.76
15    20 ILCS 2310/55.84
16    20 ILCS 2310/55.89
17    20 ILCS 2420/8            from Ch. 23, par. 3338
18    20 ILCS 2605/55a          from Ch. 127, par. 55a
19    20 ILCS 2610/17           from Ch. 121, par. 307.17
20    20 ILCS 2630/5            from Ch. 38, par. 206-5
21    20 ILCS 2635/9            from Ch. 38, par. 1609
22    20 ILCS 2705/49.16        from Ch. 127, par. 49.16
23    20 ILCS 3505/7.28         from Ch. 48, par. 850.07s
24    20 ILCS 3505/7.53         from Ch. 48, par. 850.07z9
25    20 ILCS 3975/Act title
26    20 ILCS 3985/2001         from Ch. 127, par. 3852-1
27    20 ILCS 4020/14           from Ch. 48, par. 1514
28    25 ILCS 120/2             from Ch. 63, par. 902
29    25 ILCS 130/1-4           from Ch. 63, par. 1001-4
30    30 ILCS 105/5.480
31    30 ILCS 105/5.482
32    30 ILCS 105/5.483
33    30 ILCS 105/5.484
34    30 ILCS 105/5.485
 
SB745 Engrossed             -1788-             LRB9101253EGfg
 1    30 ILCS 105/5.486
 2    30 ILCS 105/5.487
 3    30 ILCS 105/5.488
 4    30 ILCS 105/12-2          from Ch. 127, par. 148-2
 5    30 ILCS 105/15a           from Ch. 127, par. 151a
 6    30 ILCS 230/6             from Ch. 127, par. 176a
 7    30 ILCS 325/1             from Ch. 127, par. 321
 8    30 ILCS 330/9             from Ch. 127, par. 659
 9    30 ILCS 355/4             from Ch. 85, par. 1394
10    30 ILCS 535/30            from Ch. 127, par. 4151-30
11    30 ILCS 582/5
12    30 ILCS 715/2             from Ch. 56 1/2, par. 1702
13    30 ILCS 725/1.1           from Ch. 96 1/2, par. 7302
14    30 ILCS 725/2.1           from Ch. 96 1/2, par. 7304
15    30 ILCS 740/2-2.02        from Ch. 111 2/3, par. 662.02
16    30 ILCS 740/2-7           from Ch. 111 2/3, par. 667
17    30 ILCS 740/3-1.04        from Ch. 111 2/3, par. 685
18    30 ILCS 740/3-1.09        from Ch. 111 2/3, par. 689.1
19    30 ILCS 750/3-7           from Ch. 127, par. 2703-7
20    30 ILCS 805/8.21
21    30 ILCS 805/8.22
22    35 ILCS 5/201             from Ch. 120, par. 2-201
23    35 ILCS 5/203             from Ch. 120, par. 2-203
24    35 ILCS 5/204             from Ch. 120, par. 2-204
25    35 ILCS 5/509             from Ch. 120, par. 5-509
26    35 ILCS 120/2a            from Ch. 120, par. 441a
27    35 ILCS 200/8-5
28    35 ILCS 200/9-165
29    35 ILCS 200/10-55
30    35 ILCS 200/10-115
31    35 ILCS 200/10-167
32    35 ILCS 200/16-150
33    35 ILCS 200/18-55
34    35 ILCS 200/18-185
 
SB745 Engrossed             -1789-             LRB9101253EGfg
 1    35 ILCS 200/18-246
 2    35 ILCS 200/19-5
 3    35 ILCS 200/19-40
 4    35 ILCS 200/20-50
 5    35 ILCS 200/20-155
 6    35 ILCS 200/21-35
 7    35 ILCS 200/21-195
 8    35 ILCS 200/21-310
 9    35 ILCS 200/22-5
10    35 ILCS 200/22-10
11    35 ILCS 200/22-65
12    35 ILCS 200/22-80
13    35 ILCS 200/22-90
14    35 ILCS 200/23-35
15    35 ILCS 505/8             from Ch. 120, par. 424
16    35 ILCS 510/3             from Ch. 120, par. 481b.3
17    35 ILCS 515/7             from Ch. 120, par. 1207
18    35 ILCS 620/2a.1          from Ch. 120, par. 469a.1
19    35 ILCS 640/2-11
20    40 ILCS 5/5-167.2         from Ch. 108 1/2, par. 5-167.2
21    40 ILCS 5/7-123           from Ch. 108 1/2, par. 7-123
22    40 ILCS 5/7-132.1         from Ch. 108 1/2, par. 7-132.1
23    40 ILCS 5/7-142           from Ch. 108 1/2, par. 7-142
24    40 ILCS 5/8-114           from Ch. 108 1/2, par. 8-114
25    40 ILCS 5/8-115           from Ch. 108 1/2, par. 8-115
26    40 ILCS 5/8-117           from Ch. 108 1/2, par. 8-117
27    40 ILCS 5/14-110          from Ch. 108 1/2, par. 14-110
28    40 ILCS 5/14-120          from Ch. 108 1/2, par. 14-120
29    40 ILCS 5/15-102          from Ch. 108 1/2, par. 15-102
30    40 ILCS 5/15-113.6        from Ch. 108 1/2, par. 15-113.6
31    40 ILCS 5/17-123          from Ch. 108 1/2, par. 17-123
32    40 ILCS 5/17-127.2
33    40 ILCS 5/18-112.2        from Ch. 108 1/2, par. 18-112.2
34    50 ILCS 205/3a            from Ch. 116, par. 43.103a
 
SB745 Engrossed             -1790-             LRB9101253EGfg
 1    50 ILCS 310/10            from Ch. 85, par. 710
 2    50 ILCS 405/1.22          from Ch. 85, par. 851.22
 3    50 ILCS 705/2             from Ch. 85, par. 502
 4    50 ILCS 708/5
 5    50 ILCS 708/20
 6    55 ILCS 5/3-2005          from Ch. 34, par. 3-2005
 7    55 ILCS 5/3-3042          from Ch. 34, par. 3-3042
 8    55 ILCS 5/3-10003         from Ch. 34, par. 3-10003
 9    55 ILCS 5/3-12013         from Ch. 34, par. 3-12013
10    55 ILCS 5/3-13001         from Ch. 34, par. 3-13001
11    55 ILCS 5/4-2003          from Ch. 34, par. 4-2003
12    55 ILCS 5/5-1109          from Ch. 34, par. 5-1109
13    55 ILCS 5/5-23006         from Ch. 34, par. 5-23006
14    55 ILCS 5/5-23014         from Ch. 34, par. 5-23014
15    55 ILCS 5/5-32014         from Ch. 34, par. 5-32014
16    55 ILCS 5/5-32017         from Ch. 34, par. 5-32017
17    55 ILCS 5/5-32030         from Ch. 34, par. 5-32030
18    60 ILCS 1/235-5
19    65 ILCS 5/3.1-10-50
20    65 ILCS 5/7-1-26          from Ch. 24, par. 7-1-26
21    65 ILCS 5/8-2-9.3         from Ch. 24, par. 8-2-9.3
22    65 ILCS 5/9-2-53          from Ch. 24, par. 9-2-53
23    65 ILCS 5/9-2-79          from Ch. 24, par. 9-2-79
24    65 ILCS 5/9-2-94          from Ch. 24, par. 9-2-94
25    65 ILCS 5/9-2-119         from Ch. 24, par. 9-2-119
26    65 ILCS 5/9-3-33          from Ch. 24, par. 9-3-33
27    65 ILCS 5/11-31-1         from Ch. 24, par. 11-31-1
28    65 ILCS 5/11-74.4-5       from Ch. 24, par. 11-74.4-5
29    65 ILCS 5/Art. 11, Div. 74.5 heading
30    65 ILCS 5/11-74.5-1       from Ch. 24, par. 11-74.5-1
31    65 ILCS 5/11-76.1-4       from Ch. 24, par. 11-76.1-4
32    65 ILCS 5/11-89-2         from Ch. 24, par. 11-89-2
33    65 ILCS 5/11-90-4         from Ch. 24, par. 11-90-4
34    65 ILCS 5/11-111-3        from Ch. 24, par. 11-111-3
 
SB745 Engrossed             -1791-             LRB9101253EGfg
 1    65 ILCS 5/11-121-7        from Ch. 24, par. 11-121-7
 2    65 ILCS 5/11-129-7        from Ch. 24, par. 11-129-7
 3    65 ILCS 55/7              from Ch. 24, par. 808.7
 4    65 ILCS 55/19             from Ch. 24, par. 808.19
 5    70 ILCS 5/2.3             from Ch. 15 1/2, par. 68.2c
 6    70 ILCS 200/255-75
 7    70 ILCS 210/5             from Ch. 85, par. 1225
 8    70 ILCS 508/25
 9    70 ILCS 525/2007          from Ch. 85, par. 7507
10    70 ILCS 605/1-2           from Ch. 42, par. 1-2
11    70 ILCS 605/3-5           from Ch. 42, par. 3-5
12    70 ILCS 605/3-18          from Ch. 42, par. 3-18
13    70 ILCS 605/5-5           from Ch. 42, par. 5-5
14    70 ILCS 605/5-20          from Ch. 42, par. 5-20
15    70 ILCS 705/16c           from Ch. 127 1/2, par. 37c
16    70 ILCS 715/2             from Ch. 127 1/2, par. 302
17    70 ILCS 805/2             from Ch. 96 1/2, par. 6303
18    70 ILCS 920/2             from Ch. 23, par. 1702
19    70 ILCS 1105/0.01 rep.    from Ch. 85, par. 6800
20    70 ILCS 1205/10-7d        from Ch. 105, par. 10-7d
21    70 ILCS 1570/3            from Ch. 105, par. 81
22    70 ILCS 1805/4            from Ch. 19, par. 604
23    70 ILCS 1810/4            from Ch. 19, par. 155
24    70 ILCS 1820/4            from Ch. 19, par. 854
25    70 ILCS 2405/22a.18       from Ch. 42, par. 317d.19
26    70 ILCS 2405/22a.36       from Ch. 42, par. 317d.37
27    70 ILCS 2405/25           from Ch. 42, par. 317g
28    70 ILCS 2605/4.2          from Ch. 42, par. 323.2
29    70 ILCS 2605/220          from Ch. 42, par. 349.220
30    70 ILCS 2805/56           from Ch. 42, par. 447.20
31    70 ILCS 2805/74           from Ch. 42, par. 447.38
32    70 ILCS 2905/4-2          from Ch. 42, par. 504-2
33    70 ILCS 3615/2.08         from Ch. 111 2/3, par. 702.08
34    70 ILCS 3615/2.16         from Ch. 111 2/3, par. 702.16
 
SB745 Engrossed             -1792-             LRB9101253EGfg
 1    70 ILCS 3615/4.03.1       from Ch. 111 2/3, par. 704.03.1
 2    70 ILCS 3615/4.09         from Ch. 111 2/3, par. 704.09
 3    75 ILCS 5/3-1             from Ch. 81, par. 3-1
 4    75 ILCS 5/3-4             from Ch. 81, par. 3-4
 5    75 ILCS 5/Art. 4 heading
 6    75 ILCS 5/4-7             from Ch. 81, par. 4-7
 7    75 ILCS 10/5              from Ch. 81, par. 115
 8    75 ILCS 10/7              from Ch. 81, par. 117
 9    75 ILCS 10/8.1            from Ch. 81, par. 118.1
10    75 ILCS 35/8              from Ch. 81, par. 53
11    105 ILCS 5/1B-6           from Ch. 122, par. 1B-6
12    105 ILCS 5/2-3.73         from Ch. 122, par. 2-3.73
13    105 ILCS 5/2-3.106        from Ch. 122, par. 2-3.106
14    105 ILCS 5/2-3.114
15    105 ILCS 5/3A-10          from Ch. 122, par. 3A-10
16    105 ILCS 5/5-22           from Ch. 122, par. 5-22
17    105 ILCS 5/7-7.5
18    105 ILCS 5/7A-4           from Ch. 122, par. 7A-4
19    105 ILCS 5/8-2            from Ch. 122, par. 8-2
20    105 ILCS 5/8-9            from Ch. 122, par. 8-9
21    105 ILCS 5/9-10           from Ch. 122, par. 9-10
22    105 ILCS 5/9-12           from Ch. 122, par. 9-12
23    105 ILCS 5/9-12.1         from Ch. 122, par. 9-12.1
24    105 ILCS 5/10-5           from Ch. 122, par. 10-5
25    105 ILCS 5/10-18          from Ch. 122, par. 10-18
26    105 ILCS 5/10-22.22b      from Ch. 122, par. 10-22.22b
27    105 ILCS 5/10-22.22c      from Ch. 122, par. 10-22.22c
28    105 ILCS 5/11A-5          from Ch. 122, par. 11A-5
29    105 ILCS 5/11B-5          from Ch. 122, par. 11B-5
30    105 ILCS 5/11D-4          from Ch. 122, par. 11D-4
31    105 ILCS 5/12-11.1        from Ch. 122, par. 12-11.1
32    105 ILCS 5/14A-4          from Ch. 122, par. 14A-4
33    105 ILCS 5/17-2C
34    105 ILCS 5/17-11          from Ch. 122, par. 17-11
 
SB745 Engrossed             -1793-             LRB9101253EGfg
 1    105 ILCS 5/18-8.05
 2    105 ILCS 5/21-10          from Ch. 122, par. 21-10
 3    105 ILCS 5/21-12          from Ch. 122, par. 21-12
 4    105 ILCS 5/27-8.1         from Ch. 122, par. 27-8.1
 5    105 ILCS 5/27A-4
 6    105 ILCS 5/29-5.2         from Ch. 122, par. 29-5.2
 7    105 ILCS 5/32-1           from Ch. 122, par. 32-1
 8    105 ILCS 5/32-1.4         from Ch. 122, par. 32-1.4
 9    105 ILCS 5/32-5.2         from Ch. 122, par. 32-5.2
10    105 ILCS 5/32-7           from Ch. 122, par. 32-7
11    105 ILCS 5/34-21.1        from Ch. 122, par. 34-21.1
12    105 ILCS 5/34-84a.1       from Ch. 122, par. 34-84a.1
13    105 ILCS 10/6             from Ch. 122, par. 50-6
14    105 ILCS 105/6            from Ch. 122, par. 1406
15    105 ILCS 425/7            from Ch. 144, par. 142
16    110 ILCS 62/5-5
17    110 ILCS 205/9.27
18    110 ILCS 205/9.28
19    110 ILCS 805/3-7.10       from Ch. 122, par. 103-7.10
20    110 ILCS 805/3-19         from Ch. 122, par. 103-19
21    110 ILCS 805/3-20.5       from Ch. 122, par. 103-20.5
22    110 ILCS 947/35
23    110 ILCS 947/65.05
24    110 ILCS 947/65.30
25    205 ILCS 5/30             from Ch. 17, par. 337
26    205 ILCS 5/60             from Ch. 17, par. 372
27    205 ILCS 205/1008         from Ch. 17, par. 7301-8
28    205 ILCS 305/8            from Ch. 17, par. 4409
29    210 ILCS 3/35
30    210 ILCS 25/7-101         from Ch. 111 1/2, par. 627-101
31    210 ILCS 45/3-113         from Ch. 111 1/2, par. 4153-113
32    210 ILCS 45/3-401         from Ch. 111 1/2, par. 4153-401
33    210 ILCS 50/3.20
34    210 ILCS 50/3.245
 
SB745 Engrossed             -1794-             LRB9101253EGfg
 1    210 ILCS 115/9            from Ch. 111 1/2, par. 719
 2    215 ILCS 5/56             from Ch. 73, par. 668
 3    215 ILCS 5/123C-2         from Ch. 73, par. 735C-2
 4    215 ILCS 5/126.30
 5    215 ILCS 5/141.1          from Ch. 73, par. 753.1
 6    215 ILCS 5/143.21a        from Ch. 73, par. 755.21a
 7    215 ILCS 5/143.31
 8    215 ILCS 5/209            from Ch. 73, par. 821
 9    215 ILCS 5/223            from Ch. 73, par. 835
10    215 ILCS 5/267            from Ch. 73, par. 879
11    215 ILCS 5/333            from Ch. 73, par. 945
12    215 ILCS 5/338            from Ch. 73, par. 950
13    215 ILCS 5/343            from Ch. 73, par. 955
14    215 ILCS 5/357.2          from Ch. 73, par. 969.2
15    215 ILCS 5/357.18         from Ch. 73, par. 969.18
16    215 ILCS 5/357.19         from Ch. 73, par. 969.19
17    215 ILCS 5/357.20         from Ch. 73, par. 969.20
18    215 ILCS 5/408            from Ch. 73, par. 1020
19    215 ILCS 5/415            from Ch. 73, par. 1027
20    215 ILCS 5/531.03         from Ch. 73, par. 1065.80-3
21    215 ILCS 5/803.1
22    215 ILCS 5/807.1
23    215 ILCS 5/810.1
24    215 ILCS 5/1202           from Ch. 73, par. 1065.902
25    215 ILCS 5/1204           from Ch. 73, par. 1065.904
26    215 ILCS 97/35
27    215 ILCS 105/2            from Ch. 73, par. 1302
28    215 ILCS 105/4            from Ch. 73, par. 1304
29    215 ILCS 105/5            from Ch. 73, par. 1305
30    215 ILCS 125/1-3          from Ch. 111 1/2, par. 1402.1
31    215 ILCS 125/2-7          from Ch. 111 1/2, par. 1407
32    215 ILCS 125/4-4          from Ch. 111 1/2, par. 1408.4
33    215 ILCS 125/5-3          from Ch. 111 1/2, par. 1411.2
34    220 ILCS 5/4-304          from Ch. 111 2/3, par. 4-304
 
SB745 Engrossed             -1795-             LRB9101253EGfg
 1    220 ILCS 5/4-501
 2    220 ILCS 5/4-502
 3    220 ILCS 5/7-102          from Ch. 111 2/3, par. 7-102
 4    220 ILCS 5/7-106
 5    220 ILCS 5/9-241          from Ch. 111 2/3, par. 9-241
 6    220 ILCS 5/13-403         from Ch. 111 2/3, par. 13-403
 7    220 ILCS 10/3             from Ch. 111 2/3, par. 903
 8    225 ILCS 5/3              from Ch. 111, par. 7603
 9    225 ILCS 5/16             from Ch. 111, par. 7616
10    225 ILCS 10/4.2           from Ch. 23, par. 2214.2
11    225 ILCS 10/8             from Ch. 23, par. 2218
12    225 ILCS 15/10            from Ch. 111, par. 5360
13    225 ILCS 20/9A            from Ch. 111, par. 6359A
14    225 ILCS 25/23            from Ch. 111, par. 2323
15    225 ILCS 25/48            from Ch. 111, par. 2348
16    225 ILCS 60/18            from Ch. 111, par. 4400-18
17    225 ILCS 60/21            from Ch. 111, par. 4400-21
18    225 ILCS 65/20-120
19    225 ILCS 75/8             from Ch. 111, par. 3708
20    225 ILCS 75/9             from Ch. 111, par. 3709
21    225 ILCS 75/19            from Ch. 111, par. 3719
22    225 ILCS 75/19.10         from Ch. 111, par. 3729
23    225 ILCS 80/26.10         from Ch. 111, par. 3926.10
24    225 ILCS 85/35.13         from Ch. 111, par. 4155.13
25    225 ILCS 90/3             from Ch. 111, par. 4253
26    225 ILCS 90/8             from Ch. 111, par. 4258
27    225 ILCS 90/26            from Ch. 111, par. 4276
28    225 ILCS 95/22.10         from Ch. 111, par. 4622.10
29    225 ILCS 100/35           from Ch. 111, par. 4835
30    225 ILCS 100/36           from Ch. 111, par. 4836
31    225 ILCS 105/23           from Ch. 111, par. 5023
32    225 ILCS 106/60
33    225 ILCS 115/25.10        from Ch. 111, par. 7025.10
34    225 ILCS 115/28           from Ch. 111, par. 7028
 
SB745 Engrossed             -1796-             LRB9101253EGfg
 1    225 ILCS 120/75           from Ch. 111, par. 8301-75
 2    225 ILCS 120/140          from Ch. 111, par. 8301-140
 3    225 ILCS 210/2005         from Ch. 96 1/2, par. 1-2005
 4    225 ILCS 220/0.01 rep.
 5    225 ILCS 305/30           from Ch. 111, par. 1330
 6    225 ILCS 310/4            from Ch. 111, par. 8204
 7    225 ILCS 310/13           from Ch. 111, par. 8213
 8    225 ILCS 310/29           from Ch. 111, par. 8229
 9    225 ILCS 315/25           from Ch. 111, par. 8125
10    225 ILCS 320/25           from Ch. 111, par. 1124
11    225 ILCS 330/37           from Ch. 111, par. 3287
12    225 ILCS 340/28           from Ch. 111, par. 6628
13    225 ILCS 410/1-11         from Ch. 111, par. 1701-11
14    225 ILCS 410/3-4          from Ch. 111, par. 1703-4
15    225 ILCS 410/3A-5         from Ch. 111, par. 1703A-5
16    225 ILCS 410/3C-5         from Ch. 111, par. 1703C-5
17    225 ILCS 410/4-16         from Ch. 111, par. 1704-16
18    225 ILCS 415/23.10        from Ch. 111, par. 6233
19    225 ILCS 430/25           from Ch. 111, par. 2426
20    225 ILCS 435/1            from Ch. 121, par. 701
21    225 ILCS 446/75
22    225 ILCS 446/80
23    225 ILCS 450/21           from Ch. 111, par. 5527
24    225 ILCS 455/18           from Ch. 111, par. 5818
25    225 ILCS 460/17           from Ch. 23, par. 5117
26    225 ILCS 470/9            from Ch. 147, par. 109
27    225 ILCS 515/3            from Ch. 111, par. 903
28    225 ILCS 605/12           from Ch. 8, par. 312
29    225 ILCS 710/9.02         from Ch. 96 1/2, par. 4216
30    225 ILCS 715/4.1          from Ch. 96 1/2, par. 4505
31    225 ILCS 715/5            from Ch. 96 1/2, par. 4506
32    225 ILCS 720/1.03         from Ch. 96 1/2, par. 7901.03
33    230 ILCS 5/5              from Ch. 8, par. 37-5
34    230 ILCS 15/5             from Ch. 85, par. 2305
 
SB745 Engrossed             -1797-             LRB9101253EGfg
 1    230 ILCS 25/5.1           from Ch. 120, par. 1105.1
 2    230 ILCS 30/13            from Ch. 120, par. 1133
 3    235 ILCS 5/1-3            from Ch. 43, par. 95
 4    235 ILCS 5/4-4            from Ch. 43, par. 112
 5    235 ILCS 5/5-1            from Ch. 43, par. 115
 6    235 ILCS 5/5-3            from Ch. 43, par. 118
 7    235 ILCS 5/6-1            from Ch. 43, par. 119
 8    235 ILCS 5/6-11           from Ch. 43, par. 127
 9    235 ILCS 5/7-1            from Ch. 43, par. 145
10    235 ILCS 5/9-12           from Ch. 43, par. 175.1
11    235 ILCS 5/10-8           from Ch. 43, par. 190
12    240 ILCS 5/1              from Ch. 17, par. 1451
13    240 ILCS 5/4              from Ch. 17, par. 1454
14    305 ILCS 5/3-10.1         from Ch. 23, par. 3-10.1
15    305 ILCS 5/4-8            from Ch. 23, par. 4-8
16    305 ILCS 5/5-5.3          from Ch. 23, par. 5-5.3
17    305 ILCS 5/5-5.4a
18    305 ILCS 5/5-11.1
19    305 ILCS 5/10-10          from Ch. 23, par. 10-10
20    305 ILCS 5/10-16.2        from Ch. 23, par. 10-16.2
21    305 ILCS 5/11-16          from Ch. 23, par. 11-16
22    305 ILCS 5/11-20          from Ch. 23, par. 11-20
23    305 ILCS 5/11-22          from Ch. 23, par. 11-22
24    305 ILCS 40/20            from Ch. 23, par. 7100-20
25    305 ILCS 45/30            from Ch. 23, par. 7105-30
26    310 ILCS 5/7              from Ch. 67 1/2, par. 157
27    310 ILCS 5/25             from Ch. 67 1/2, par. 175
28    310 ILCS 15/4             from Ch. 67 1/2, par. 31
29    310 ILCS 50/2             from Ch. 67 1/2, par. 852
30    310 ILCS 50/3             from Ch. 67 1/2, par. 853
31    310 ILCS 65/3             from Ch. 67 1/2, par. 1253
32    310 ILCS 65/5             from Ch. 67 1/2, par. 1255
33    310 ILCS 65/7             from Ch. 67 1/2, par. 1257
34    315 ILCS 5/3              from Ch. 67 1/2, par. 65
 
SB745 Engrossed             -1798-             LRB9101253EGfg
 1    315 ILCS 10/6             from Ch. 67 1/2, par. 91.6
 2    315 ILCS 20/37            from Ch. 67 1/2, par. 287
 3    315 ILCS 25/8             from Ch. 67 1/2, par. 91.15
 4    320 ILCS 10/2             from Ch. 23, par. 6202
 5    320 ILCS 20/2             from Ch. 23, par. 6602
 6    320 ILCS 25/3.09          from Ch. 67 1/2, par. 403.09
 7    320 ILCS 25/4             from Ch. 67 1/2, par. 404
 8    320 ILCS 25/6             from Ch. 67 1/2, par. 406
 9    320 ILCS 30/3             from Ch. 67 1/2, par. 453
10    325 ILCS 5/11.1           from Ch. 23, par. 2061.1
11    325 ILCS 20/4             from Ch. 23, par. 4154
12    330 ILCS 100/2            from Ch. 126 1/2, par. 57.82
13    330 ILCS 110/1            from Ch. 21, par. 59a
14    405 ILCS 5/2-114          from Ch. 91 1/2, par. 2-114
15    405 ILCS 5/3-202          from Ch. 91 1/2, par. 3-202
16    405 ILCS 5/4-209          from Ch. 91 1/2, par. 4-209
17    405 ILCS 5/4-210          from Ch. 91 1/2, par. 4-210
18    405 ILCS 10/3             from Ch. 91 1/2, par. 123
19    405 ILCS 20/8             from Ch. 91 1/2, par. 308
20    410 ILCS 18/80
21    410 ILCS 25/6             from Ch. 111 1/2, par. 3716
22    410 ILCS 65/2             from Ch. 111 1/2, par. 8052
23    410 ILCS 65/4             from Ch. 111 1/2, par. 8054
24    410 ILCS 235/3            from Ch. 111 1/2, par. 7503
25    410 ILCS 320/1            from Ch. 111 1/2, par. 4801
26    410 ILCS 405/4            from Ch. 111 1/2, par. 6954
27    410 ILCS 535/15           from Ch. 111 1/2, par. 73-15
28    410 ILCS 615/16           from Ch. 56 1/2, par. 55-16
29    415 ILCS 5/9.4            from Ch. 111 1/2, par. 1009.4
30    415 ILCS 5/14.5           from Ch. 111 1/2, par. 1014.5
31    415 ILCS 5/21.6           from Ch. 111 1/2, par. 1021.6
32    415 ILCS 5/22.21          from Ch. 111 1/2, par. 1022.21
33    415 ILCS 5/27             from Ch. 111 1/2, par. 1027
34    415 ILCS 5/40.2           from Ch. 111 1/2, par. 1040.2
 
SB745 Engrossed             -1799-             LRB9101253EGfg
 1    415 ILCS 5/45             from Ch. 111 1/2, par. 1045
 2    415 ILCS 5/55.5           from Ch. 111 1/2, par. 1055.5
 3    415 ILCS 5/57
 4    415 ILCS 5/57.8
 5    415 ILCS 5/57.14
 6    415 ILCS 10/3.1           from Ch. 85, par. 5903.1
 7    415 ILCS 20/7.3
 8    415 ILCS 20/8
 9    415 ILCS 45/1             from Ch. 111 1/2, par. 501
10    415 ILCS 50/3.01          from Ch. 111 1/2, par. 583.01
11    415 ILCS 60/7             from Ch. 5, par. 807
12    415 ILCS 60/8             from Ch. 5, par. 808
13    415 ILCS 75/6             from Ch. 111 1/2, par. 986
14    415 ILCS 110/2002         from Ch. 96 1/2, par. 9752
15    415 ILCS 120/10
16    415 ILCS 120/25
17    420 ILCS 30/3             from Ch. 111 1/2, par. 196
18    425 ILCS 35/4             from Ch. 127 1/2, par. 130
19    425 ILCS 50/1             from Ch. 127 1/2, par. 81
20    430 ILCS 65/1.1           from Ch. 38, par. 83-1.1
21    430 ILCS 95/3             from Ch. 111 1/2, par. 7603
22    505 ILCS 5/7              from Ch. 5, par. 1007
23    505 ILCS 25/13            from Ch. 5, par. 1413
24    505 ILCS 115/15           from Ch. 5, par. 1065
25    505 ILCS 115/23           from Ch. 5, par. 1073
26    505 ILCS 130/15           from Ch. 5, par. 565
27    510 ILCS 20/2c            from Ch. 8, par. 124c
28    510 ILCS 70/4.04          from Ch. 8, par. 704.04
29    510 ILCS 70/16            from Ch. 8, par. 716
30    515 ILCS 5/10-15          from Ch. 56, par. 10-15
31    520 ILCS 5/1.4            from Ch. 61, par. 1.4
32    520 ILCS 5/2.18-1         from Ch. 61, par. 2.18-1
33    520 ILCS 5/2.24           from Ch. 61, par. 2.24
34    520 ILCS 10/3             from Ch. 8, par. 333
 
SB745 Engrossed             -1800-             LRB9101253EGfg
 1    525 ILCS 5/6              from Ch. 96 1/2, par. 9506
 2    525 ILCS 40/6             from Ch. 96 1/2, par. 5907
 3    525 ILCS 45/5.1           from Ch. 5, par. 1605.1
 4    605 ILCS 5/4-508          from Ch. 121, par. 4-508
 5    605 ILCS 5/4-510          from Ch. 121, par. 4-510
 6    605 ILCS 5/6-315a         from Ch. 121, par. 6-315a
 7    605 ILCS 5/6-513          from Ch. 121, par. 6-513
 8    615 ILCS 5/13             from Ch. 19, par. 60
 9    615 ILCS 20/4             from Ch. 19, par. 47d
10    620 ILCS 5/15             from Ch. 15 1/2, par. 22.15
11    620 ILCS 10/5             from Ch. 15 1/2, par. 183
12    620 ILCS 15/3             from Ch. 15 1/2, par. 189
13    625 ILCS 5/1-121          from Ch. 95 1/2, par. 1-121
14    625 ILCS 5/1-211.01       from Ch. 95 1/2, par. 1-211.01
15    625 ILCS 5/2-123          from Ch. 95 1/2, par. 2-123
16    625 ILCS 5/3-100          from Ch. 95 1/2, par. 3-100
17    625 ILCS 5/3-112.1        from Ch. 95 1/2, par. 3-112.1
18    625 ILCS 5/3-602          from Ch. 95 1/2, par. 3-602
19    625 ILCS 5/3-643
20    625 ILCS 5/3-644
21    625 ILCS 5/3-816          from Ch. 95 1/2, par. 3-816
22    625 ILCS 5/4-304          from Ch. 95 1/2, par. 4-304
23    625 ILCS 5/5-102.1        from Ch. 95 1/2, par. 5-102.1
24    625 ILCS 5/6-110          from Ch. 95 1/2, par. 6-110
25    625 ILCS 5/6-118          from Ch. 95 1/2, par. 6-118
26    625 ILCS 5/6-204          from Ch. 95 1/2, par. 6-204
27    625 ILCS 5/6-205          from Ch. 95 1/2, par. 6-205
28    625 ILCS 5/6-208          from Ch. 95 1/2, par. 6-208
29    625 ILCS 5/6-208.1        from Ch. 95 1/2, par. 6-208.1
30    625 ILCS 5/6-301.3
31    625 ILCS 5/6-517          from Ch. 95 1/2, par. 6-517
32    625 ILCS 5/6-520          from Ch. 95 1/2, par. 6-520
33    625 ILCS 5/7-402          from Ch. 95 1/2, par. 7-402
34    625 ILCS 5/10-301         from Ch. 95 1/2, par. 10-301
 
SB745 Engrossed             -1801-             LRB9101253EGfg
 1    625 ILCS 5/11-306         from Ch. 95 1/2, par. 11-306
 2    625 ILCS 5/11-501         from Ch. 95 1/2, par. 11-501
 3    625 ILCS 5/11-501.1       from Ch. 95 1/2, par. 11-501.1
 4    625 ILCS 5/11-501.6       from Ch. 95 1/2, par. 11-501.6
 5    625 ILCS 5/11-501.8
 6    625 ILCS 5/12-215         from Ch. 95 1/2, par. 12-215
 7    625 ILCS 5/15-302         from Ch. 95 1/2, par. 15-302
 8    625 ILCS 5/16-104         from Ch. 95 1/2, par. 16-104
 9    625 ILCS 5/18a-501        from Ch. 95 1/2, par. 18a-501
10    625 ILCS 5/18c-1102       from Ch. 95 1/2, par. 18c-1102
11    625 ILCS 5/18c-1205       from Ch. 95 1/2, par. 18c-1205
12    625 ILCS 5/18c-1705       from Ch. 95 1/2, par. 18c-1705
13    625 ILCS 5/18c-2402       from Ch. 95 1/2, par. 18c-2402
14    625 ILCS 5/18c-4701       from Ch. 95 1/2, par. 18c-4701
15    625 ILCS 5/18c-6102       from Ch. 95 1/2, par. 18c-6102
16    625 ILCS 30/6             from Ch. 95 1/2, par. 906
17    625 ILCS 40/5-2           from Ch. 95 1/2, par. 605-2
18    625 ILCS 45/3A-2          from Ch. 95 1/2, par. 313A-2
19    625 ILCS 45/3A-3          from Ch. 95 1/2, par. 313A-3
20    625 ILCS 45/5-18          from Ch. 95 1/2, par. 315-13
21    705 ILCS 105/27.1         from Ch. 25, par. 27.1
22    705 ILCS 405/1-3          from Ch. 37, par. 801-3
23    705 ILCS 405/1-4          from Ch. 37, par. 801-4
24    705 ILCS 405/1-5          from Ch. 37, par. 801-5
25    705 ILCS 405/1-7          from Ch. 37, par. 801-7
26    705 ILCS 405/1-8          from Ch. 37, par. 801-8
27    705 ILCS 405/1-18 new
28    705 ILCS 405/2-4          from Ch. 37, par. 802-4
29    705 ILCS 405/2-16         from Ch. 37, par. 802-16
30    705 ILCS 405/2-17.1
31    705 ILCS 405/2-27         from Ch. 37, par. 802-27
32    705 ILCS 405/2-28         from Ch. 37, par. 802-28
33    705 ILCS 405/2-30         from Ch. 37, par. 802-30
34    705 ILCS 405/3-18         from Ch. 37, par. 803-18
 
SB745 Engrossed             -1802-             LRB9101253EGfg
 1    705 ILCS 405/3-31         from Ch. 37, par. 803-31
 2    705 ILCS 405/4-15         from Ch. 37, par. 804-15
 3    705 ILCS 405/4-28         from Ch. 37, par. 804-28
 4    705 ILCS 405/5-135
 5    705 ILCS 405/5-525
 6    705 ILCS 405/5-805
 7    705 ILCS 405/6-1          from Ch. 37, par. 806-1
 8    705 ILCS 405/6-9          from Ch. 37, par. 806-9
 9    705 ILCS 405/6-10         from Ch. 37, par. 806-10
10    720 ILCS 5/1-5            from Ch. 38, par. 1-5
11    720 ILCS 5/9-1            from Ch. 38, par. 9-1
12    720 ILCS 5/9-3.3          from Ch. 38, par. 9-3.3
13    720 ILCS 5/11-17.1        from Ch. 38, par. 11-17.1
14    720 ILCS 5/11-19.2        from Ch. 38, par. 11-19.2
15    720 ILCS 5/11-20.1        from Ch. 38, par. 11-20.1
16    720 ILCS 5/12-4           from Ch. 38, par. 12-4
17    720 ILCS 5/12-4.3         from Ch. 38, par. 12-4.3
18    720 ILCS 5/12-18          from Ch. 38, par. 12-18
19    720 ILCS 5/12-30          from Ch. 38, par. 12-30
20    720 ILCS 5/14-3           from Ch. 38, par. 14-3
21    720 ILCS 5/14-4           from Ch. 38, par. 14-4
22    720 ILCS 5/16-15          from Ch. 38, par. 16-15
23    720 ILCS 5/17-3           from Ch. 38, par. 17-3
24    720 ILCS 5/17B-10
25    720 ILCS 5/18-5
26    720 ILCS 5/24-1.2         from Ch. 38, par. 24-1.2
27    720 ILCS 5/25-1.1
28    720 ILCS 5/31A-1.2        from Ch. 38, par. 31A-1.2
29    720 ILCS 5/34-1           from Ch. 38, par. 34-1
30    720 ILCS 5/46-4
31    720 ILCS 350/2            from Ch. 121 1/2, par. 852
32    720 ILCS 375/2            from Ch. 121 1/2, par. 157.33
33    720 ILCS 570/401          from Ch. 56 1/2, par. 1401
34    720 ILCS 570/402          from Ch. 56 1/2, par. 1402
 
SB745 Engrossed             -1803-             LRB9101253EGfg
 1    720 ILCS 570/405          from Ch. 56 1/2, par. 1405
 2    720 ILCS 570/411.1        from Ch. 56 1/2, par. 1411.1
 3    720 ILCS 600/4            from Ch. 56 1/2, par. 2104
 4    720 ILCS 625/2            from Ch. 5, par. 212
 5    725 ILCS 5/112A-13        from Ch. 38, par. 112A-13
 6    725 ILCS 5/115-10         from Ch. 38, par. 115-10
 7    725 ILCS 120/5            from Ch. 38, par. 1405
 8    725 ILCS 185/20           from Ch. 38, par. 320
 9    725 ILCS 185/31           from Ch. 38, par. 331
10    725 ILCS 207/10
11    725 ILCS 207/15
12    730 ILCS 5/3-2-2          from Ch. 38, par. 1003-2-2
13    730 ILCS 5/3-6-3          from Ch. 38, par. 1003-6-3
14    730 ILCS 5/3-6-3.1
15    730 ILCS 5/5-4-1          from Ch. 38, par. 1005-4-1
16    730 ILCS 5/5-5-3
17    730 ILCS 5/5-5-3.1        from Ch. 38, par. 1005-5-3.1
18    730 ILCS 5/5-5-3.2        from Ch. 38, par. 1005-5-3.2
19    730 ILCS 5/5-6-1          from Ch. 38, par. 1005-6-1
20    730 ILCS 5/5-7-6          from Ch. 38, par. 1005-7-6
21    730 ILCS 5/5-8A-4         from Ch. 38, par. 1005-8A-4
22    730 ILCS 110/13           from Ch. 38, par. 204-5
23    730 ILCS 152/120
24    735 ILCS 5/2-109          from Ch. 110, par. 2-109
25    735 ILCS 5/4-109          from Ch. 110, par. 4-109
26    735 ILCS 5/4-227          from Ch. 110, par. 4-227
27    735 ILCS 5/7-103          from Ch. 110, par. 7-103
28    735 ILCS 5/7-103.1 new
29    735 ILCS 5/7-103.3 new
30    735 ILCS 5/7-103.5 new
31    735 ILCS 5/7-103.6 new
32    735 ILCS 5/7-103.7 new
33    735 ILCS 5/7-103.8 new
34    735 ILCS 5/7-103.9 new
 
SB745 Engrossed             -1804-             LRB9101253EGfg
 1    735 ILCS 5/7-103.10 new
 2    735 ILCS 5/7-103.11 new
 3    735 ILCS 5/7-103.12 new
 4    735 ILCS 5/7-103.13 new
 5    735 ILCS 5/7-103.14 new
 6    735 ILCS 5/7-103.15 new
 7    735 ILCS 5/7-103.16 new
 8    735 ILCS 5/7-103.17 new
 9    735 ILCS 5/7-103.18 new
10    735 ILCS 5/7-103.19 new
11    735 ILCS 5/7-103.20 new
12    735 ILCS 5/7-103.21 new
13    735 ILCS 5/7-103.22 new
14    735 ILCS 5/7-103.23 new
15    735 ILCS 5/7-103.24 new
16    735 ILCS 5/7-103.25 new
17    735 ILCS 5/7-103.26 new
18    735 ILCS 5/7-103.27 new
19    735 ILCS 5/7-103.28 new
20    735 ILCS 5/7-103.29 new
21    735 ILCS 5/7-103.30 new
22    735 ILCS 5/7-103.31 new
23    735 ILCS 5/7-103.32 new
24    735 ILCS 5/7-103.33 new
25    735 ILCS 5/7-103.34 new
26    735 ILCS 5/7-103.35 new
27    735 ILCS 5/7-103.36 new
28    735 ILCS 5/7-103.37 new
29    735 ILCS 5/7-103.38 new
30    735 ILCS 5/7-103.39 new
31    735 ILCS 5/7-103.40 new
32    735 ILCS 5/7-103.41 new
33    735 ILCS 5/7-103.41a new
34    735 ILCS 5/7-103.42 new
 
SB745 Engrossed             -1805-             LRB9101253EGfg
 1    735 ILCS 5/7-103.43 new
 2    735 ILCS 5/7-103.44 new
 3    735 ILCS 5/7-103.45 new
 4    735 ILCS 5/7-103.46 new
 5    735 ILCS 5/7-103.47 new
 6    735 ILCS 5/7-103.48 new
 7    735 ILCS 5/7-103.49 new
 8    735 ILCS 5/7-103.51 new
 9    735 ILCS 5/7-103.52 new
10    735 ILCS 5/7-103.53 new
11    735 ILCS 5/7-103.54 new
12    735 ILCS 5/7-103.55 new
13    735 ILCS 5/7-103.56 new
14    735 ILCS 5/7-103.57 new
15    735 ILCS 5/7-103.58 new
16    735 ILCS 5/7-103.59 new
17    735 ILCS 5/7-103.60 new
18    735 ILCS 5/7-103.61 new
19    735 ILCS 5/7-103.62 new
20    735 ILCS 5/7-103.63 new
21    735 ILCS 5/7-103.64 new
22    735 ILCS 5/7-103.65 new
23    735 ILCS 5/7-103.66 new
24    735 ILCS 5/7-103.67 new
25    735 ILCS 5/7-103.68 new
26    735 ILCS 5/7-103.69 new
27    735 ILCS 5/7-103.70 new
28    735 ILCS 5/9-111.1
29    735 ILCS 5/Art. IX, Part 2 heading
30    735 ILCS 5/12-101         from Ch. 110, par. 12-101
31    735 ILCS 5/12-147         from Ch. 110, par. 12-147
32    735 ILCS 5/12-153         from Ch. 110, par. 12-153
33    735 ILCS 5/12-164         from Ch. 110, par. 12-164
34    735 ILCS 5/12-183         from Ch. 110, par. 12-183
 
SB745 Engrossed             -1806-             LRB9101253EGfg
 1    735 ILCS 5/15-1504        from Ch. 110, par. 15-1504
 2    740 ILCS 95/4             from Ch. 111 2/3, par. 1504
 3    740 ILCS 110/11           from Ch. 91 1/2, par. 811
 4    740 ILCS 113/5
 5    740 ILCS 170/2.1          from Ch. 48, par. 39.2a
 6    740 ILCS 170/4.1          from Ch. 48, par. 39.4a
 7    745 ILCS 10/6-107         from Ch. 85, par. 6-107
 8    750 ILCS 5/504            from Ch. 40, par. 504
 9    750 ILCS 5/505.1          from Ch. 40, par. 505.1
10    750 ILCS 5/507            from Ch. 40, par. 507
11    750 ILCS 5/607            from Ch. 40, par. 607
12    750 ILCS 5/705            from Ch. 40, par. 705
13    750 ILCS 5/706.1          from Ch. 40, par. 706.1
14    750 ILCS 15/2.1           from Ch. 40, par. 1105
15    750 ILCS 15/4.1           from Ch. 40, par. 1107.1
16    750 ILCS 15/12            from Ch. 40, par. 1115
17    750 ILCS 22/605
18    750 ILCS 28/15
19    750 ILCS 28/20
20    750 ILCS 28/25
21    750 ILCS 28/45
22    750 ILCS 28/999
23    750 ILCS 45/15            from Ch. 40, par. 2515
24    750 ILCS 45/15.1          from Ch. 40, par. 2515.1
25    750 ILCS 45/20            from Ch. 40, par. 2520
26    750 ILCS 45/21            from Ch. 40, par. 2521
27    750 ILCS 50/1             from Ch. 40, par. 1501
28    750 ILCS 50/5             from Ch. 40, par. 1507
29    750 ILCS 50/8             from Ch. 40, par. 1510
30    750 ILCS 50/10            from Ch. 40, par. 1512
31    750 ILCS 50/11            from Ch. 40, par. 1513
32    750 ILCS 50/12a           from Ch. 40, par. 1515
33    750 ILCS 50/17            from Ch. 40, par. 1521
34    750 ILCS 50/18.2          from Ch. 40, par. 1522.2
 
SB745 Engrossed             -1807-             LRB9101253EGfg
 1    750 ILCS 50/18.3a         from Ch. 40, par. 1522.3a
 2    750 ILCS 60/Art. IV heading
 3    755 ILCS 5/11a-3          from Ch. 110 1/2, par. 11a-3
 4    755 ILCS 5/11a-22         from Ch. 110 1/2, par. 11a-22
 5    755 ILCS 5/16-3           from Ch. 110 1/2, par. 16-3
 6    755 ILCS 5/21-2.11        from Ch. 110 1/2, par. 21-2.11
 7    755 ILCS 5/23-2           from Ch. 110 1/2, par. 23-2
 8    760 ILCS 5/3              from Ch. 17, par. 1653
 9    765 ILCS 5/9              from Ch. 30, par. 8
10    765 ILCS 5/10             from Ch. 30, par. 9
11    765 ILCS 5/11             from Ch. 30, par. 10
12    765 ILCS 5/20             from Ch. 30, par. 19
13    765 ILCS 5/26             from Ch. 30, par. 25
14    765 ILCS 30/4             from Ch. 30, par. 224
15    765 ILCS 30/5             from Ch. 30, par. 225
16    765 ILCS 45/12            from Ch. 116, par. 16
17    765 ILCS 45/17            from Ch. 116, par. 21
18    765 ILCS 77/30
19    765 ILCS 77/35
20    765 ILCS 77/50
21    765 ILCS 90/5             from Ch. 30, par. 905
22    765 ILCS 95/2             from Ch. 30, par. 1002
23    765 ILCS 100/29           from Ch. 30, par. 729
24    765 ILCS 215/1            from Ch. 133, par. 11
25    765 ILCS 505/12           from Ch. 96 1/2, par. 162
26    765 ILCS 515/10           from Ch. 96 1/2, par. 9210
27    765 ILCS 605/9            from Ch. 30, par. 309
28    765 ILCS 930/20
29    765 ILCS 1025/8.1         from Ch. 141, par. 108.1
30    765 ILCS 1036/45
31    770 ILCS 15/10            from Ch. 82, par. 660
32    770 ILCS 30/1             from Ch. 82, par. 201
33    770 ILCS 55/1             from Ch. 82, par. 49
34    770 ILCS 60/27            from Ch. 82, par. 27
 
SB745 Engrossed             -1808-             LRB9101253EGfg
 1    770 ILCS 70/2             from Ch. 82, par. 502
 2    770 ILCS 70/3             from Ch. 82, par. 503
 3    775 ILCS 5/7-101          from Ch. 68, par. 7-101
 4    775 ILCS 5/7A-103         from Ch. 68, par. 7A-103
 5    775 ILCS 5/8-102          from Ch. 68, par. 8-102
 6    775 ILCS 5/8-105          from Ch. 68, par. 8-105
 7    775 ILCS 5/9-101          from Ch. 68, par. 9-101
 8    805 ILCS 5/5.10           from Ch. 32, par. 5.10
 9    805 ILCS 35/8             from Ch. 32, par. 1008
10    805 ILCS 105/105.10       from Ch. 32, par. 105.10
11    805 ILCS 105/111.25       from Ch. 32, par. 111.25
12    805 ILCS 110/36           from Ch. 32, par. 165
13    805 ILCS 110/46b          from Ch. 32, par. 177
14    810 ILCS 5/9-307          from Ch. 26, par. 9-307
15    810 ILCS 5/9-313          from Ch. 26, par. 9-313
16    810 ILCS 5/9-402          from Ch. 26, par. 9-402
17    810 ILCS 5/9-403          from Ch. 26, par. 9-403
18    810 ILCS 5/9-501          from Ch. 26, par. 9-501
19    815 ILCS 5/11a            from Ch. 121 1/2, par. 137.11a
20    815 ILCS 135/3            from Ch. 17, par. 5803
21    815 ILCS 175/15-15
22    815 ILCS 175/15-45
23    815 ILCS 307/10-10
24    815 ILCS 330/4            from Ch. 147, par. 48
25    815 ILCS 375/18           from Ch. 121 1/2, par. 578
26    815 ILCS 375/21           from Ch. 121 1/2, par. 581
27    815 ILCS 390/4            from Ch. 21, par. 204
28    815 ILCS 390/19           from Ch. 21, par. 219
29    815 ILCS 395/4            from Ch. 121 1/2, par. 141
30    815 ILCS 405/21           from Ch. 121 1/2, par. 521
31    815 ILCS 420/1            from Ch. 121 1/2, par. 1851
32    815 ILCS 420/2            from Ch. 121 1/2, par. 1852
33    815 ILCS 602/5-5.10
34    815 ILCS 602/5-45
 
SB745 Engrossed             -1809-             LRB9101253EGfg
 1    815 ILCS 605/6            from Ch. 121 1/2, par. 2106
 2    820 ILCS 40/9             from Ch. 48, par. 2009
 3    820 ILCS 105/3            from Ch. 48, par. 1003
 4    820 ILCS 125/1            from Ch. 48, par. 198.1
 5    820 ILCS 125/5.1          from Ch. 48, par. 198.5
 6    820 ILCS 165/3            from Ch. 48, par. 216c
 7    820 ILCS 205/1            from Ch. 48, par. 31.1
 8    820 ILCS 255/11           from Ch. 48, par. 1411
 9    820 ILCS 405/2105         from Ch. 48, par. 665
10    P.A. 90-590, Sec. 2001-55 rep.

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