Public Act 90-0014 of the 90th General Assembly
Public Act 90-0014
HB1269 Enrolled LRB9001000EGfg
AN ACT to revise the law by combining multiple enactments
and making technical corrections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1
GENERAL PROVISIONS
Section 1-1. This Act may be cited as the First 1997
General Revisory Act.
Section 1-2. This Act is not intended to make any
substantive change in the law. It reconciles conflicts that
have arisen from multiple amendments and enactments and makes
technical corrections and revisions in the law.
In this Act, the reference at the end of each amended
Section indicates the sources in the Session Laws of Illinois
that were used in the preparation of the text of that
Section. The text of the Section included in this Act is
intended to include the different versions of the Section
found in the Public Acts included in the list of sources, but
may not include other versions of the Section to be found in
Public Acts not included in the list of sources. The list of
sources is not a part of the text of the Section.
Section 1-3. This Act is divided into the following
Articles:
ARTICLE 1. General Provisions.
ARTICLE 2. Combining Revisories.
ARTICLE 3. Technical Corrections.
ARTICLE 4. Effective Date and Nonacceleration.
ARTICLE 2
COMBINING REVISORIES
Section 2-1. This Article revises and, where appropriate,
renumbers certain Sections that have been added or amended by
more than one Public Act. This Article also corrects errors,
revises cross-references, and deletes obsolete text in those
Sections. Public Acts 89-443 through 89-707 were considered
in the preparation of this Article.
(5 ILCS 80/4.8a rep.)
Section 2-5. The Regulatory Agency Sunset Act is amended
by repealing Section 4.8a.
Section 2-10. The Regulatory Agency Sunset Act is
amended by changing Section 4.9 as follows:
(5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
Sec. 4.9. The following Acts are repealed December 31,
1997:
The Podiatric Medical Practice Act of 1987.
The Nursing Home Administrators Licensing and
Disciplinary Act.
The Physician Assistant Practice Act of 1987.
The Illinois Nursing Act of 1987.
The Clinical Social Work and Social Work Practice Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Marriage and Family Therapy Licensing Act.
(Source: P.A. 89-702, eff. 7-1-97; 89-706, eff. 1-31-97;
revised 2-7-97.)
Section 2-15. The Illinois Public Labor Relations Act is
amended by changing Section 3 as follows:
(5 ILCS 315/3) (from Ch. 48, par. 1603)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Board" or "Governing Board" means either the
Illinois State Labor Relations Board or the Illinois Local
Labor Relations Board.
(b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and
other conditions of employment, as detailed in Section 7 and
which are not excluded by Section 4.
(c) "Confidential employee" means an employee who, in
the regular course of his or her duties, assists and acts in
a confidential capacity to persons who formulate, determine,
and effectuate management policies with regard to labor
relations or who, in the regular course of his or her duties,
has authorized access to information relating to the
effectuation or review of the employer's collective
bargaining policies.
(d) "Craft employees" means skilled journeymen, crafts
persons, and their apprentices and helpers.
(e) "Essential services employees" means those public
employees performing functions so essential that the
interruption or termination of the function will constitute a
clear and present danger to the health and safety of the
persons in the affected community.
(f) "Exclusive representative", except with respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Department of State
Police, means the labor organization that has been (i)
designated by the Board as the representative of a majority
of public employees in an appropriate bargaining unit in
accordance with the procedures contained in this Act, (ii)
historically recognized by the State of Illinois or any
political subdivision of the State before July 1, 1984 (the
effective date of this Act) as the exclusive representative
of the employees in an appropriate bargaining unit, or (iii)
after July 1, 1984 (the effective date of this Act)
recognized by an employer upon evidence, acceptable to the
Board, that the labor organization has been designated as the
exclusive representative by a majority of the employees in an
appropriate bargaining unit.
With respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the
Department of State Police, "exclusive representative" means
the labor organization that has been (i) designated by the
Board as the representative of a majority of peace officers
or fire fighters in an appropriate bargaining unit in
accordance with the procedures contained in this Act, (ii)
historically recognized by the State of Illinois or any
political subdivision of the State before January 1, 1986
(the effective date of this amendatory Act of 1985) as the
exclusive representative by a majority of the peace officers
or fire fighters in an appropriate bargaining unit, or (iii)
after January 1, 1986 (the effective date of this amendatory
Act of 1985) recognized by an employer upon evidence,
acceptable to the Board, that the labor organization has been
designated as the exclusive representative by a majority of
the peace officers or fire fighters in an appropriate
bargaining unit.
(g) "Fair share agreement" means an agreement between
the employer and an employee organization under which all or
any of the employees in a collective bargaining unit are
required to pay their proportionate share of the costs of the
collective bargaining process, contract administration, and
pursuing matters affecting wages, hours, and other conditions
of employment, but not to exceed the amount of dues uniformly
required of members. The amount certified by the exclusive
representative shall not include any fees for contributions
related to the election or support of any candidate for
political office. Nothing in this subsection (g) shall
preclude an employee from making voluntary political
contributions in conjunction with his or her fair share
payment.
(g-1) "Fire fighter" means, for the purposes of this Act
only, any person who has been or is hereafter appointed to a
fire department or fire protection district or employed by a
state university and sworn or commissioned to perform fire
fighter duties or paramedic duties, except that the following
persons are not included: part-time fire fighters, auxiliary,
reserve or voluntary fire fighters, including paid on-call
fire fighters, clerks and dispatchers or other civilian
employees of a fire department or fire protection district
who are not routinely expected to perform fire fighter
duties, or elected officials.
(g-2) "General Assembly of the State of Illinois" means
the legislative branch of the government of the State of
Illinois, as provided for under Article IV of the
Constitution of the State of Illinois, and includes but is
not limited to the House of Representatives, the Senate, the
Speaker of the House of Representatives, the Minority Leader
of the House of Representatives, the President of the Senate,
the Minority Leader of the Senate, the Joint Committee on
Legislative Support Services and any legislative support
services agency listed in the Legislative Commission
Reorganization Act of 1984.
(h) "Governing body" means, in the case of the State,
the State Labor Relations Board, the Director of the
Department of Central Management Services, and the Director
of the Department of Labor; the county board in the case of a
county; the corporate authorities in the case of a
municipality; and the appropriate body authorized to provide
for expenditures of its funds in the case of any other unit
of government.
(i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in part, of dealing with a public employer
concerning wages, hours, and other terms and conditions of
employment, including the settlement of grievances.
(j) "Managerial employee" means an individual who is
engaged predominantly in executive and management functions
and is charged with the responsibility of directing the
effectuation of management policies and practices.
(k) "Peace officer" means, for the purposes of this Act
only, any persons who have been or are hereafter appointed to
a police force, department, or agency and sworn or
commissioned to perform police duties, except that the
following persons are not included: part-time police
officers, special police officers, auxiliary police as
defined by Section 3.1-30-20 of the Illinois Municipal Code,
night watchmen, "merchant police", court security officers as
defined by Section 3-6012.1 of the Counties Code, temporary
employees, traffic guards or wardens, civilian parking meter
and parking facilities personnel or other individuals
specially appointed to aid or direct traffic at or near
schools or public functions or to aid in civil defense or
disaster, parking enforcement employees who are not
commissioned as peace officers and who are not armed and who
are not routinely expected to effect arrests, parking lot
attendants, clerks and dispatchers or other civilian
employees of a police department who are not routinely
expected to effect arrests, or elected officials.
(l) "Person" includes one or more individuals, labor
organizations, public employees, associations, corporations,
legal representatives, trustees, trustees in bankruptcy,
receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not
include the General Assembly of the State of Illinois or any
individual employed by the General Assembly of the State of
Illinois.
(m) "Professional employee" means any employee engaged
in work predominantly intellectual and varied in character
rather than routine mental, manual, mechanical or physical
work; involving the consistent exercise of discretion and
adjustment in its performance; of such a character that the
output produced or the result accomplished cannot be
standardized in relation to a given period of time; and
requiring advanced knowledge in a field of science or
learning customarily acquired by a prolonged course of
specialized intellectual instruction and study in an
institution of higher learning or a hospital, as
distinguished from a general academic education or from
apprenticeship or from training in the performance of routine
mental, manual, or physical processes; or any employee who
has completed the courses of specialized intellectual
instruction and study prescribed in this subsection (m) and
is performing related work under the supervision of a
professional person to qualify to become a professional
employee as defined in this subsection (m).
(n) "Public employee" or "employee", for the purposes of
this Act, means any individual employed by a public employer,
including interns and residents at public hospitals, but
excluding all of the following: employees of the General
Assembly of the State of Illinois; elected officials;
executive heads of a department; members of boards or
commissions; employees of any agency, board or commission
created by this Act; employees appointed to State positions
of a temporary or emergency nature; all employees of school
districts and higher education institutions except
firefighters and peace officers employed by a state
university; managerial employees; short-term employees;
confidential employees; independent contractors; and
supervisors except as provided in this Act.
Notwithstanding Section 9, subsection (c), or any other
provisions of this Act, all peace officers above the rank of
captain in municipalities with more than 1,000,000
inhabitants shall be excluded from this Act.
(o) "Public employer" or "employer" means the State of
Illinois; any political subdivision of the State, unit of
local government or school district; authorities including
departments, divisions, bureaus, boards, commissions, or
other agencies of the foregoing entities; and any person
acting within the scope of his or her authority, express or
implied, on behalf of those entities in dealing with its
employees. "Public employer" or "employer" as used in this
Act, however, does not mean and shall not include the General
Assembly of the State of Illinois and educational employers
or employers as defined in the Illinois Educational Labor
Relations Act, except with respect to a state university in
its employment of firefighters and peace officers. County
boards and county sheriffs shall be designated as joint or
co-employers of county peace officers appointed under the
authority of a county sheriff. Nothing in this subsection
(o) shall be construed to prevent the State Board or the
Local Board from determining that employers are joint or
co-employers.
(p) "Security employee" means an employee who is
responsible for the supervision and control of inmates at
correctional facilities. The term also includes other
non-security employees in bargaining units having the
majority of employees being responsible for the supervision
and control of inmates at correctional facilities.
(q) "Short-term employee" means an employee who is
employed for less that 2 consecutive calendar quarters during
a calendar year and who does not have a reasonable assurance
that he or she will be rehired by the same employer for the
same service in a subsequent calendar year.
(r) "Supervisor" is an employee whose principal work is
substantially different from that of his or her subordinates
and who has authority, in the interest of the employer, to
hire, transfer, suspend, lay off, recall, promote, discharge,
direct, reward, or discipline employees, to adjust their
grievances, or to effectively recommend any of those actions,
if the exercise of that authority is not of a merely routine
or clerical nature, but requires the consistent use of
independent judgment. Except with respect to police
employment, the term "supervisor" includes only those
individuals who devote a preponderance of their employment
time to exercising that authority, State supervisors
notwithstanding. In addition, in determining supervisory
status in police employment, rank shall not be determinative.
The Board shall consider, as evidence of bargaining unit
inclusion or exclusion, the common law enforcement policies
and relationships between police officer ranks and
certification under applicable civil service law, ordinances,
personnel codes, or Division 2.1 of Article 10 of the
Illinois Municipal Code, but these factors shall not be the
sole or predominant factors considered by the Board in
determining police supervisory status.
Notwithstanding the provisions of the preceding
paragraph, in determining supervisory status in fire fighter
employment, no fire fighter shall be excluded as a supervisor
who has established representation rights under Section 9 of
this Act. Further, in new fire fighter units, employees
shall consist of fire fighters of the rank of company officer
and below. If a company officer otherwise qualifies as a
supervisor under the preceding paragraph, however, he or she
shall not be included in the fire fighter unit. If there is
no rank between that of chief and the highest company
officer, the employer may designate a position on each shift
as a Shift Commander, and the persons occupying those
positions shall be supervisors. All other ranks above that
of company officer shall be supervisors.
(s) (1) "Unit" means a class of jobs or positions that
are held by employees whose collective interests may suitably
be represented by a labor organization for collective
bargaining. Except with respect to non-State fire fighters
and paramedics employed by fire departments and fire
protection districts, non-State peace officers, and peace
officers in the Department of State Police, a bargaining unit
determined by the Board shall not include both employees and
supervisors, or supervisors only, except as provided in
paragraph (2) of this subsection (s) and except for
bargaining units in existence on July 1, 1984 (the effective
date of this Act). With respect to non-State fire fighters
and paramedics employed by fire departments and fire
protection districts, non-State peace officers, and peace
officers in the Department of State Police, a bargaining unit
determined by the Board shall not include both supervisors
and nonsupervisors, or supervisors only, except as provided
in paragraph (2) of this subsection (s) and except for
bargaining units in existence on January 1, 1986 (the
effective date of this amendatory Act of 1985). A bargaining
unit determined by the Board to contain peace officers shall
contain no employees other than peace officers unless
otherwise agreed to by the employer and the labor
organization or labor organizations involved.
Notwithstanding any other provision of this Act, a bargaining
unit, including a historical bargaining unit, containing
sworn peace officers of the Department of Natural Resources
(formerly designated the Department of Conservation) shall
contain no employees other than such sworn peace officers
upon the effective date of this amendatory Act of 1990 or
upon the expiration date of any collective bargaining
agreement in effect upon the effective date of this
amendatory Act of 1990 covering both such sworn peace
officers and other employees.
(2) Notwithstanding the exclusion of supervisors from
bargaining units as provided in paragraph (1) of this
subsection (s), a public employer may agree to permit its
supervisory employees to form bargaining units and may
bargain with those units. This Act shall apply if the public
employer chooses to bargain under this subsection.
(Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff.
6-1-97; revised 1-14-97.)
Section 2-20. The State Employees Group Insurance Act of
1971 is amended by changing Section 3 and by setting forth,
amending, and renumbering multiple versions of Section 6.7 as
follows:
(5 ILCS 375/3) (from Ch. 127, par. 523)
Sec. 3. Definitions. Unless the context otherwise
requires, the following words and phrases as used in this Act
shall have the following meanings. The Department may define
these and other words and phrases separately for the purpose
of implementing specific programs providing benefits under
this Act.
(a) "Administrative service organization" means any
person, firm or corporation experienced in the handling of
claims which is fully qualified, financially sound and
capable of meeting the service requirements of a contract of
administration executed with the Department.
(b) "Annuitant" means (1) an employee who retires, or
has retired, on or after January 1, 1966 on an immediate
annuity under the provisions of Articles 2, 14, 15 (including
an employee who has retired and is receiving a retirement
annuity under an optional program established under Section
15-158.2 and who would also be eligible for a retirement
annuity had that person been a participant in the State
University Retirement System), paragraphs (b) or (c) of
Section 16-106, or Article 18 of the Illinois Pension Code;
(2) any person who was receiving group insurance coverage
under this Act as of March 31, 1978 by reason of his status
as an annuitant, even though the annuity in relation to which
such coverage was provided is a proportional annuity based on
less than the minimum period of service required for a
retirement annuity in the system involved; (3) any person not
otherwise covered by this Act who has retired as a
participating member under Article 2 of the Illinois Pension
Code but is ineligible for the retirement annuity under
Section 2-119 of the Illinois Pension Code; (4) the spouse of
any person who is receiving a retirement annuity under
Article 18 of the Illinois Pension Code and who is covered
under a group health insurance program sponsored by a
governmental employer other than the State of Illinois and
who has irrevocably elected to waive his or her coverage
under this Act and to have his or her spouse considered as
the "annuitant" under this Act and not as a "dependent"; or
(5) an employee who retires, or has retired, from a qualified
position, as determined according to rules promulgated by the
Director, under a qualified local government or a qualified
rehabilitation facility or a qualified domestic violence
shelter or service. (For definition of "retired employee",
see (p) post).
(c) "Carrier" means (1) an insurance company, a
corporation organized under the Limited Health Service
Organization Act or the Voluntary Health Services Plan Act, a
partnership, or other nongovernmental organization, which is
authorized to do group life or group health insurance
business in Illinois, or (2) the State of Illinois as a
self-insurer.
(d) "Compensation" means salary or wages payable on a
regular payroll by the State Treasurer on a warrant of the
State Comptroller out of any State, trust or federal fund, or
by the Governor of the State through a disbursing officer of
the State out of a trust or out of federal funds, or by any
Department out of State, trust, federal or other funds held
by the State Treasurer or the Department, to any person for
personal services currently performed, and ordinary or
accidental disability benefits under Articles 2, 14, 15
(including ordinary or accidental disability benefits under
an optional program established under Section 15-158.2),
paragraphs (b) or (c) of Section 16-106, or Article 18 of the
Illinois Pension Code, for disability incurred after January
1, 1966, or benefits payable under the Workers' Compensation
or Occupational Diseases Act or benefits payable under a sick
pay plan established in accordance with Section 36 of the
State Finance Act. "Compensation" also means salary or wages
paid to an employee of any qualified local government or
qualified rehabilitation facility or a qualified domestic
violence shelter or service.
(e) "Commission" means the State Employees Group
Insurance Advisory Commission authorized by this Act.
Commencing July 1, 1984, "Commission" as used in this Act
means the Illinois Economic and Fiscal Commission as
established by the Legislative Commission Reorganization Act
of 1984.
(f) "Contributory", when referred to as contributory
coverage, shall mean optional coverages or benefits elected
by the member toward the cost of which such member makes
contribution, or which are funded in whole or in part through
the acceptance of a reduction in earnings or the foregoing of
an increase in earnings by an employee, as distinguished from
noncontributory coverage or benefits which are paid entirely
by the State of Illinois without reduction of the member's
salary.
(g) "Department" means any department, institution,
board, commission, officer, court or any agency of the State
government receiving appropriations and having power to
certify payrolls to the Comptroller authorizing payments of
salary and wages against such appropriations as are made by
the General Assembly from any State fund, or against trust
funds held by the State Treasurer and includes boards of
trustees of the retirement systems created by Articles 2, 14,
15, 16 and 18 of the Illinois Pension Code. "Department"
also includes the Illinois Comprehensive Health Insurance
Board and the Illinois Rural Bond Bank.
(h) "Dependent", when the term is used in the context of
the health and life plan, means a member's spouse and any
unmarried child (1) from birth to age 19 including an adopted
child, a child who lives with the member from the time of the
filing of a petition for adoption until entry of an order of
adoption, a stepchild or recognized child who lives with the
member in a parent-child relationship, or a child who lives
with the member if such member is a court appointed guardian
of the child, or (2) age 19 to 23 enrolled as a full-time
student in any accredited school, financially dependent upon
the member, and eligible as a dependent for Illinois State
income tax purposes, or (3) age 19 or over who is mentally or
physically handicapped as defined in the Illinois Insurance
Code. For the health plan only, the term "dependent" also
includes any person enrolled prior to the effective date of
this Section who is dependent upon the member to the extent
that the member may claim such person as a dependent for
Illinois State income tax deduction purposes; no other such
person may be enrolled.
(i) "Director" means the Director of the Illinois
Department of Central Management Services.
(j) "Eligibility period" means the period of time a
member has to elect enrollment in programs or to select
benefits without regard to age, sex or health.
(k) "Employee" means and includes each officer or
employee in the service of a department who (1) receives his
compensation for service rendered to the department on a
warrant issued pursuant to a payroll certified by a
department or on a warrant or check issued and drawn by a
department upon a trust, federal or other fund or on a
warrant issued pursuant to a payroll certified by an elected
or duly appointed officer of the State or who receives
payment of the performance of personal services on a warrant
issued pursuant to a payroll certified by a Department and
drawn by the Comptroller upon the State Treasurer against
appropriations made by the General Assembly from any fund or
against trust funds held by the State Treasurer, and (2) is
employed full-time or part-time in a position normally
requiring actual performance of duty during not less than 1/2
of a normal work period, as established by the Director in
cooperation with each department, except that persons elected
by popular vote will be considered employees during the
entire term for which they are elected regardless of hours
devoted to the service of the State, and (3) except that
"employee" does not include any person who is not eligible by
reason of such person's employment to participate in one of
the State retirement systems under Articles 2, 14, 15 (either
the regular Article 15 system or an optional program
established under Section 15-158.2) or 18, or under paragraph
(b) or (c) of Section 16-106, of the Illinois Pension Code,
but such term does include persons who are employed during
the 6 month qualifying period under Article 14 of the
Illinois Pension Code. Such term also includes any person
who (1) after January 1, 1966, is receiving ordinary or
accidental disability benefits under Articles 2, 14, 15
(including ordinary or accidental disability benefits under
an optional program established under Section 15-158.2),
paragraphs (b) or (c) of Section 16-106, or Article 18 of the
Illinois Pension Code, for disability incurred after January
1, 1966, (2) receives total permanent or total temporary
disability under the Workers' Compensation Act or
Occupational Disease Act as a result of injuries sustained or
illness contracted in the course of employment with the State
of Illinois, or (3) is not otherwise covered under this Act
and has retired as a participating member under Article 2 of
the Illinois Pension Code but is ineligible for the
retirement annuity under Section 2-119 of the Illinois
Pension Code. However, a person who satisfies the criteria
of the foregoing definition of "employee" except that such
person is made ineligible to participate in the State
Universities Retirement System by clause (4) of the first
paragraph of Section 15-107 of the Illinois Pension Code is
also an "employee" for the purposes of this Act. "Employee"
also includes any person receiving or eligible for benefits
under a sick pay plan established in accordance with Section
36 of the State Finance Act. "Employee" also includes each
officer or employee in the service of a qualified local
government, including persons appointed as trustees of
sanitary districts regardless of hours devoted to the service
of the sanitary district, and each employee in the service of
a qualified rehabilitation facility and each full-time
employee in the service of a qualified domestic violence
shelter or service, as determined according to rules
promulgated by the Director.
(l) "Member" means an employee, annuitant, retired
employee or survivor.
(m) "Optional coverages or benefits" means those
coverages or benefits available to the member on his or her
voluntary election, and at his or her own expense.
(n) "Program" means the group life insurance, health
benefits and other employee benefits designed and contracted
for by the Director under this Act.
(o) "Health plan" means a self-insured health insurance
program offered by the State of Illinois for the purposes of
benefiting employees by means of providing, among others,
wellness programs, utilization reviews, second opinions and
medical fee reviews, as well as for paying for hospital and
medical care up to the maximum coverage provided by the plan,
to its members and their dependents.
(p) "Retired employee" means any person who would be an
annuitant as that term is defined herein but for the fact
that such person retired prior to January 1, 1966. Such term
also includes any person formerly employed by the University
of Illinois in the Cooperative Extension Service who would be
an annuitant but for the fact that such person was made
ineligible to participate in the State Universities
Retirement System by clause (4) of the first paragraph of
Section 15-107 of the Illinois Pension Code.
(q) "Survivor" means a person receiving an annuity as a
survivor of an employee or of an annuitant. "Survivor" also
includes: (1) the surviving dependent of a person who
satisfies the definition of "employee" except that such
person is made ineligible to participate in the State
Universities Retirement System by clause (4) of the first
paragraph of Section 15-107 of the Illinois Pension Code; and
(2) the surviving dependent of any person formerly employed
by the University of Illinois in the Cooperative Extension
Service who would be an annuitant except for the fact that
such person was made ineligible to participate in the State
Universities Retirement System by clause (4) of the first
paragraph of Section 15-107 of the Illinois Pension Code.
(r) "Medical services" means the services provided
within the scope of their licenses by practitioners in all
categories licensed under the Medical Practice Act of 1987.
(s) "Unit of local government" means any county,
municipality, township, school district, special district or
other unit, designated as a unit of local government by law,
which exercises limited governmental powers or powers in
respect to limited governmental subjects, any not-for-profit
association with a membership that primarily includes
townships and township officials, that has duties that
include provision of research service, dissemination of
information, and other acts for the purpose of improving
township government, and that is funded wholly or partly in
accordance with Section 85-15 of the Township Code; any
not-for-profit corporation or association, with a membership
consisting primarily of municipalities, that operates its own
utility system, and provides research, training,
dissemination of information, or other acts to promote
cooperation between and among municipalities that provide
utility services and for the advancement of the goals and
purposes of its membership; and the Illinois Association of
Park Districts. "Qualified local government" means a unit of
local government approved by the Director and participating
in a program created under subsection (i) of Section 10 of
this Act.
(t) "Qualified rehabilitation facility" means any
not-for-profit organization that is accredited by the
Commission on Accreditation of Rehabilitation Facilities or
certified by the Department of Human Services (as successor
to the Department of Mental Health and Developmental
Disabilities) to provide services to persons with
disabilities and which receives funds from the State of
Illinois for providing those services, approved by the
Director and participating in a program created under
subsection (j) of Section 10 of this Act.
(u) "Qualified domestic violence shelter or service"
means any Illinois domestic violence shelter or service and
its administrative offices funded by the Department of Human
Services (as successor to the Illinois Department of Public
Aid), approved by the Director and participating in a program
created under subsection (k) of Section 10.
(v) "TRS benefit recipient" means a person who:
(1) is not a "member" as defined in this Section;
and
(2) is receiving a monthly benefit or retirement
annuity under Article 16 of the Illinois Pension Code;
and
(3) either (i) has at least 8 years of creditable
service under Article 16 of the Illinois Pension Code, or
(ii) was enrolled in the health insurance program offered
under that Article on January 1, 1996, or (iii) is the
survivor of a benefit recipient who had at least 8 years
of creditable service under Article 16 of the Illinois
Pension Code or was enrolled in the health insurance
program offered under that Article on the effective date
of this amendatory Act of 1995, or (iv) is a recipient or
survivor of a recipient of a disability benefit under
Article 16 of the Illinois Pension Code.
(w) "TRS dependent beneficiary" means a person who:
(1) is not a "member" or "dependent" as defined in
this Section; and
(2) is a TRS benefit recipient's: (A) spouse, (B)
dependent parent who is receiving at least half of his or
her support from the TRS benefit recipient, or (C)
unmarried natural or adopted child who is (i) under age
19, or (ii) enrolled as a full-time student in an
accredited school, financially dependent upon the TRS
benefit recipient, eligible as a dependent for Illinois
State income tax purposes, and either is under age 24 or
was, on January 1, 1996, participating as a dependent
beneficiary in the health insurance program offered under
Article 16 of the Illinois Pension Code, or (iii) age 19
or over who is mentally or physically handicapped as
defined in the Illinois Insurance Code.
(x) "Military leave with pay and benefits" refers to
individuals in basic training for reserves, special/advanced
training, annual training, emergency call up, or activation
by the President of the United States with approved pay and
benefits.
(y) "Military leave without pay and benefits" refers to
individuals who enlist for active duty in a regular component
of the U.S. Armed Forces or other duty not specified or
authorized under military leave with pay and benefits.
(Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-21-95;
89-25, eff. 6-21-95; 89-76, eff. 7-1-95; 89-324, eff.
8-13-95; 89-430, eff. 12-15-95; 89-502, eff. 7-1-96; 89-507,
eff. 7-1-97; 89-628, eff. 8-9-96; revised 8-23-96.)
(5 ILCS 375/6.7)
Sec. 6.7. Woman's health care provider. The program of
health benefits is subject to the provisions of Section 356r
of the Illinois Insurance Code.
(Source: P.A. 89-514, eff. 7-17-96; revised 7-24-96.)
(5 ILCS 375/6.8)
Sec. 6.8. 6.7. Post-parturition care. The program of
health benefits shall provide the post-parturition care
benefits required to be covered by a policy of accident and
health insurance under Section 356s 356r of the Illinois
Insurance Code.
(Source: P.A. 89-513, eff. 7-17-96; revised 7-24-96.)
Section 2-25. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 1-10 as
follows:
(20 ILCS 301/1-10)
Sec. 1-10. Definitions. As used in this Act, unless the
context clearly indicates otherwise, the following words and
terms have the following meanings:
"Act" means the Alcoholism and Other Drug Abuse and
Dependency Act.
"Addict" means a person who exhibits the disease known as
"addiction".
"Addiction" means a disease process characterized by the
continued use of a specific psycho-active substance despite
physical, psychological or social harm. The term also
describes the advanced stages of chemical dependency.
"Administrator" means a person responsible for
administration of a program.
"Alcoholic" means a person who exhibits the disease known
as "alcoholism".
"Alcoholism" means a chronic and progressive disease or
illness characterized by preoccupation with and loss of
control over the consumption of alcohol, and the use of
alcohol despite adverse consequences. Typically,
combinations of the following tendencies are also present:
periodic or chronic intoxication; physical disability;
impaired emotional, occupational or social adjustment;
tendency toward relapse; a detrimental effect on the
individual, his family and society; psychological dependence;
and physical dependence. Alcoholism is also known as
addiction to alcohol. Alcoholism is described and further
categorized in clinical detail in the DSM and the ICD.
"Array of services" means assistance to individuals,
families and communities in response to alcohol or other drug
abuse or dependency. The array of services includes, but is
not limited to: prevention assistance for communities and
schools; case finding, assessment and intervention to help
individuals stop abusing alcohol or other drugs; case
management; detoxification to aid individuals in physically
withdrawing from alcohol or other drugs; short-term and
long-term treatment and support services to help individuals
and family members begin the process of recovery;
prescription and dispensing of the drug methadone or other
medications as an adjunct to treatment; relapse prevention
services; education and counseling for children or other
co-dependents of alcoholics or other drug abusers or addicts.
"Case management" means those services which will assist
individuals in gaining access to needed social, educational,
medical, treatment and other services.
"Children of alcoholics or drug addicts or abusers of
alcohol and other drugs" means the minor or adult children of
individuals who have abused or been dependent upon alcohol or
other drugs. These children may or may not become dependent
upon alcohol or other drugs themselves; however, they are
physically, psychologically, and behaviorally at high risk of
developing the illness. Children of alcoholics and other
drug abusers experience emotional and other problems, and
benefit from prevention and treatment services provided by
funded and non-funded agencies licensed by the Department.
"Co-dependents" means individuals who are involved in the
lives of and are affected by people who are dependent upon
alcohol and other drugs. Co-dependents compulsively engage
in behaviors that cause them to suffer adverse physical,
emotional, familial, social, behavioral, vocational, and
legal consequences as they attempt to cope with the alcohol
or drug dependent person. People who become co-dependents
include spouses, parents, siblings, and friends of alcohol or
drug dependent people. Co-dependents benefit from prevention
and treatment services provided by agencies licensed by the
Department.
"Controlled substance" means any substance or immediate
precursor which is enumerated in the schedules of Article II
of the Illinois Controlled Substances Act or the Cannabis
Control Act.
"Crime of violence" means any of the following crimes:
murder, voluntary manslaughter, criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, armed robbery, arson, kidnapping,
aggravated battery, aggravated arson, or any other felony
which involves the use or threat of physical force or
violence against another individual.
"Department" means the Illinois Department of Human
Services as successor to the former Department of Alcoholism
and Substance Abuse.
"Designated program" means a program designated by the
Department to provide services described in subsection (c) or
(d) of Section 15-10 of this Act. A designated program's
primary function is screening, assessing, referring and
tracking clients identified by the criminal justice system,
and the program agrees to apply statewide the standards,
uniform criteria and procedures established by the Department
pursuant to such designation.
"Detoxification" means the process of allowing an
individual to safely withdraw from a drug in a controlled
environment.
"DSM" means the most current edition of the Diagnostic
and Statistical Manual of Mental Disorders.
"D.U.I." means driving under the influence of alcohol or
other substances which may cause impairment of driving
ability.
"Facility" means the building or premises which are used
for the provision of licensable program services, including
support services, as set forth by rule.
"ICD" means the most current edition of the International
Classification of Diseases.
"Incapacitated" means that a person is unconscious or
otherwise exhibits, by overt behavior or by extreme physical
debilitation, an inability to care for his own needs or to
recognize the obvious danger of his situation or to make
rational decisions with respect to his need for treatment.
"Intermediary person" means a person with expertise
relative to addiction, alcoholism, and the abuse of alcohol
or other drugs who may be called on to assist the police in
carrying out enforcement or other activities with respect to
persons who abuse or are dependent on alcohol or other drugs.
"Intervention" means readily accessible activities which
assist individuals and their partners or family members in
coping with the immediate problems of alcohol and other drug
abuse or dependency, and in reducing their alcohol and other
drug use. Intervention can facilitate emotional and social
stability, and involves referring people for further
treatment as needed.
"Intoxicated person" means a person whose mental or
physical functioning is substantially impaired as a result of
the current effects of alcohol or other drugs within the
body.
"Local advisory council" means an alcohol and substance
abuse body established in a county, township or community
area, which represents public and private entities having an
interest in the prevention and treatment of alcoholism or
other drug abuse.
"Off-site services" means licensable program services or
activities which are conducted at a location separate from
the primary service location of the provider, and which
services are operated by a program or entity licensed under
this Act.
"Person" means any individual, firm, group, association,
partnership, corporation, trust, government or governmental
subdivision or agency.
"Prevention" means an interactive process of individuals,
families, schools, religious organizations, communities and
regional, state and national organizations to reduce
alcoholism, prevent the use of illegal drugs and the abuse of
legal drugs by persons of all ages, prevent the use of
alcohol by minors, build the capacities of individuals and
systems, and promote healthy environments, lifestyles and
behaviors.
"Program" means a licensable or fundable activity or
service, or a coordinated range of such activities or
services, as the Department may establish by rule.
"Recovery" means the long-term, often life-long, process
in which an addicted person changes the way in which he makes
decisions and establishes personal and life priorities. The
evolution of this decision-making and priority-setting
process is generally manifested by an obvious improvement in
the individual's life and lifestyle and by his overcoming the
abuse of or dependence on alcohol or other drugs. Recovery
is also generally manifested by prolonged periods of
abstinence from addictive chemicals which are not medically
supervised. Recovery is the goal of treatment.
"Rehabilitation" means a process whereby those clinical
services necessary and appropriate for improving an
individual's life and lifestyle and for overcoming his or her
abuse of or dependency upon alcohol or other drugs, or both,
are delivered in an appropriate setting and manner as defined
in rules established by the Department.
"Relapse" means a process which is manifested by a
progressive pattern of behavior that reactivates the symptoms
of a disease or creates debilitating conditions in an
individual who has experienced remission from addiction or
alcoholism.
"Secretary" means the Secretary of Human Services or his
or her designee.
"Substance abuse" or "abuse" means a pattern of use of
alcohol or other drugs with the potential of leading to
immediate functional problems or to alcoholism or other drug
dependency, or to the use of alcohol and/or other drugs
solely for purposes of intoxication. The term also means the
use of illegal drugs by persons of any age, and the use of
alcohol by persons under the age of 21.
"Treatment" means the broad range of emergency,
outpatient, intermediate and residential services and care
(including assessment, diagnosis, medical, psychiatric,
psychological and social services, care and counseling, and
aftercare) which may be extended to individuals who abuse or
are dependent on alcohol or other drugs or families of those
persons.
(Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-428, eff.
12-13-95; 89-462, eff. 5-29-96; 89-507, eff. 7-1-97; revised
9-10-96.)
Section 2-30. The Children and Family Services Act is
amended by changing Section 18a-13 as follows:
(20 ILCS 505/18a-13) (from Ch. 23, par. 5018a-13)
(Section scheduled to be repealed on December 31, 1997)
Sec. 18a-13. Interagency Authority on Residential
Facilities for Children.
(a) There is hereby created the Interagency Authority on
Residential Facilities for Children.
(b) The Authority shall be composed of the Secretary of
Human Services (or his or her designee) and 2 additional
representatives of the Department of Human Services
designated by the Secretary; plus the Directors, or their
designees, of the following State agencies:
(1) Department of Children and Family Services,
(2) Department of Corrections,
(3) Illinois State Board of Education,
(4) Department of Public Aid, and
(5) Residential Services Authority;
plus 5 people appointed by the Governor from State and
community public and private providers and funders. These 5
people shall be experienced and knowledgeable concerning
out-of-home placement options for children. No more than 2
of the appointees can be from the public sector. Members of
the Authority shall serve without compensation. No monies
shall be appropriated for the purpose of providing operating
expenses for the Authority. The Department of Human Services
and the other departments listed in this subsection (b) shall
provide staffing and support costs.
(c) The Chairperson of the Authority shall be the
Director of Children and Family Services or his designee.
The first meeting of the Authority shall be within 30 days of
the effective date of this amendatory Act of 1991. At the
first meeting the Authority shall elect a vice-chairperson
from its membership.
(d) The Authority shall have the responsibility for
developing a long-term plan for providing adequate
residential facilities for the care of children who cannot be
served in their own homes and whose needs cannot be met by
foster family home services or other similar substitute care
arrangements. The Authority shall examine, among other
items, the feasibility of increasing the capacity or number
of residential care facilities in the State consistent with
the principles that services in the home and community and
the least restrictive alternatives guide the State service
system for children. If it is determined that there should
be an increase in the number of residential facilities,
campus type settings shall be considered.
(e) The Authority also has the responsibility for the
following:
(1) The annual collection of information from State
agencies in regard to the number of children placed in
out-of-State settings, including placements made by local
school districts that are reimbursed pursuant to the
School Code.
(2) Reporting on an annual basis the cost of all
out-of-State placements of children made by State
agencies or local school districts.
(3) Reviewing the current rate structures for
payment of services for in-State and out-of-State
residential placements of children and recommending
appropriate incentives that would encourage the
development of necessary in-State services.
(4) Promoting the establishment of State
inter-agency pilot programs which provide for a continuum
of placements, including short-term local residential
placements and other alternatives to out-of-State
placements.
(f) The Authority shall present a proposal to the
Governor, the President of the Senate, the Minority Leader of
the Senate, the Speaker of the House and the Minority Leader
of the House within one year of its first meeting.
(g) This Section is repealed effective December 31,
1997. The changes made to this Section by this amendatory Act
of 1996 are not intended to revive this Section in the event
of its repeal.
(Source P.A. 88-487; 88-597, eff. 8-28-94; 89-21, eff.
7-1-95; 89-507, eff. 7-1-97; 89-648, eff. 8-9-96; revised
9-12-96)
Section 2-35. The Department of Natural Resources Act is
amended by setting forth and renumbering multiple versions of
Section 5-10 as follows:
(20 ILCS 801/5-10)
Sec. 5-10. Additional powers. With respect to the water
resources of the State, the Office of Water Resources shall
have the following powers:
(a) To study and investigate ways and means by which the
various water uses may be coordinated to the end that the
water resources of the State be put to their maximum
beneficial use and, in connection therewith, to request any
department or agency of the State to make surveys, studies,
investigations, prepare plans, reports and furnish such data
and information as may be necessary.
(b) To coordinate, determine and provide ways and means
for the equitable reconciliation and adjustment of the
various conflicting claims and rights to water by users or
uses.
(c) To recommend legislation for the most feasible
method or methods of conserving water resources and putting
them to the maximum possible use, taking into account the
problems of navigation, flood control, river flow control and
stabilization, reclamation, drainage and recapture, and
further utilization of water after use for any purpose,
domestic and industrial use, irrigation of land, municipal
use, development of electric energy, public health,
recreational, fish and game life, and other beneficial use.
(d) To undertake regulatory flood hazard mapping within
this State.
(e) To inspect and prescribe standards of repair,
maintenance and improvement of the facilities and properties
of the Metro-East Sanitary District.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 801/15-10)
Sec. 15-10. 5-10. Board of Natural Resources and
Conservation.
(a) Within the Department there shall be a Board of
Natural Resources and Conservation, composed of 8 persons.
The Board shall be composed of the Director of Natural
Resources (or the Director's designee), who shall be
chairman; the president of the University of Illinois, or his
or her representative; the president of Southern Illinois
University, or his or her representative; and one appointed
expert each in animal biology, geology, engineering,
chemistry, and plant biology, qualified by at least 10 years
of experience in practicing or teaching their several
professions. Appointed members of the Board shall be
appointed by the Governor, with the advice and consent of the
Senate.
The transfer of the Board to the Department under this
Act does not terminate or otherwise affect the term of
membership of any member of the Board, except for the change
in chairman.
(b) The Board, acting through 5 or more subcommittees,
each of which shall be composed of the Director of Natural
Resources, the president of the University of Illinois or his
representative, the president of Southern Illinois University
or his representative, and the expert advisor specially
qualified in the field of investigation, shall:
(1) consider and decide matters pertaining to
natural history, geology, water and atmospheric
resources, forestry, and allied research, investigation,
and scientific work;
(2) select and appoint, without reference to the
State civil service law, members of the scientific staff,
prosecuting such research, investigation, and scientific
work;
(3) cooperate with the University of Illinois in
the use of scientific staff and equipment; and
(4) cooperate with the various departments of State
government in research, investigation, and scientific
work useful in the prosecution of the work of any
department.
(Source: P.A. 89-445, eff. 2-7-96; revised 3-7-96.)
Section 2-40. The Civil Administrative Code of Illinois
is amended by changing Section 71 as follows:
(20 ILCS 2005/71) (from Ch. 127, par. 63b17)
Sec. 71. A. The Department of Nuclear Safety shall
exercise, administer and enforce all rights, powers and
duties vested in the Department of Public Health by the
following named Acts or Sections thereof:
1. The Radiation Installation Act.
2. The Radiation Protection Act of 1990.
3. The Radioactive Waste Storage Act.
4. The Personnel Radiation Monitoring Act.
5. The Laser System Act.
6. The Illinois Nuclear Safety Preparedness Act.
B. All the rights, powers and duties vested in the
Director of Public Health by "An Act to create the Illinois
Commission on Atomic Energy, defining the powers and duties
of the Commission, and making an appropriation therefor",
effective September 10, 1971, as amended, are transferred to
the Director of Nuclear Safety. The Director of Nuclear
Safety, after the effective date this amendatory Act of 1980,
shall serve as an ex officio member of the Illinois
Commission on Atomic Energy in the place and stead of the
Director of Public Health.
C. The Department of Nuclear Safety shall exercise,
administer and enforce all rights, powers and duties:
1. Vested in the Office of the State Fire Marshal
by the Boiler and Pressure Vessel Safety Act, to the
extent the rights, powers, and duties relate to nuclear
steam-generating facilities.
2. As relating to nuclear steam-generating
facilities, vested in the Board of Boiler and Pressure
Vessel Rules by the Boiler and Pressure Vessel Safety
Act, which includes but are not limited to the
formulation of definitions, rules and regulations for the
safe and proper construction, installation, repair, use,
and operation of nuclear steam-generating facilities, the
adoption of rules for already installed nuclear
steam-generating facilities, the adoption of rules for
accidents in nuclear steam-generating facilities, the
examination for or suspension of inspectors' licenses of
the facilities and the hearing of appeals from decisions
relating to the facilities.
3. As relating to nuclear steam-generating
facilities, vested in the State Fire Marshal or the Chief
Inspector by the Boiler and Pressure Vessel Safety Act,
which include but are not limited to the employment of
inspectors of nuclear steam-generating facilities,
issuance or suspension of their commissions, prosecution
of the Act or rules promulgated thereunder for violations
by nuclear steam-generating facilities, maintenance of
inspection records of all the facilities, publication of
rules relating to the facilities, having free access to
the facilities, issuance of inspection certificates of
the facilities and the furnishing of bonds conditioned
upon the faithful performance of their duties. The
Director of Nuclear Safety may designate a Chief
Inspector, or other inspectors, as he deems necessary to
perform the functions transferred by this subsection C.
The transfer of rights, powers, and duties specified in
the immediately preceding paragraphs 1, 2, and 3 is limited
to the program transferred by this amendatory Act of 1980 and
shall not be deemed to abolish or diminish the exercise of
those same rights, powers, and duties by the Office of the
State Fire Marshal, the Board of Boiler and Pressure Vessel
Rules, the State Fire Marshal, or the Chief Inspector with
respect to programs retained by the Office of the State Fire
Marshal.
D. The Department of Nuclear Safety shall exercise,
administer, and enforce all rights, powers and duties vested
in the Environmental Protection Agency by paragraphs a, b, c,
d, e, f, g, h, i, j, k, l, m, n, o, p, q, and r of Section 4
and Sections 30-45 inclusive of the Environmental Protection
Act, to the extent that these powers relate to standards of
the Pollution Control Board adopted under subsection K of
this Section. The transfer of rights, powers, and duties
specified in this paragraph is limited to the program
transferred by this amendatory Act of 1980 and shall not be
deemed to abolish or diminish the exercise of those same
rights, powers, and duties by the Environmental Protection
Agency with respect to programs retained by the Environmental
Protection Agency.
E. The Department of Nuclear Safety, in lieu of the
Department of Public Health, shall register, license,
inspect, and control radiation sources and shall purchase,
lease, accept, or acquire lands, buildings and grounds where
radioactive wastes can be disposed, and to supervise and
regulate the operation of the disposal sites.
F. The Department of Nuclear Safety shall have primary
responsibility to formulate a comprehensive emergency
preparedness and response plan for any nuclear accident, and
shall develop such a plan in cooperation with the Illinois
Emergency Management Agency. The Department of Nuclear Safety
shall also train and maintain an emergency response team.
G. The Department of Nuclear Safety shall formulate a
comprehensive plan regarding the transportation of nuclear
and radioactive materials in Illinois. The Department shall
have primary responsibility for all State governmental
regulation of the transportation of nuclear and radioactive
materials, insofar as the regulation pertains to the public
health and safety. This responsibility shall include but not
be limited to the authority to oversee and coordinate
regulatory functions performed by the Department of
Transportation, the Department of State Police, and the
Illinois Commerce Commission.
H. The Department of Nuclear Safety shall formulate a
comprehensive plan regarding disposal of nuclear and
radioactive materials in this State. The Department shall
establish minimum standards for disposal sites, shall
evaluate and publicize potential effects on the public health
and safety, and shall report to the Governor and General
Assembly all violations of the adopted standards. In
carrying out this function, the Department of Nuclear Safety
shall work in cooperation with the Illinois Commission on
Atomic Energy and the Radiation Protection Advisory Council.
I. The Department of Nuclear Safety, in cooperation with
the Department of Natural Resources, shall study (a) the
impact and cost of nuclear power and compare these to the
impact and cost of alternative sources of energy, (b) the
potential effects on the public health and safety of all
radioactive emissions from nuclear power plants, and (c) all
other factors that bear on the use of nuclear power or on
nuclear safety. The Department shall formulate a general
nuclear policy for the State based on the findings of the
study. The policy shall include but not be limited to the
feasibility of continued use of nuclear power, effects of the
use of nuclear power on the public health and safety, minimum
acceptable standards for the location of any future nuclear
power plants, and rules and regulations for the reporting by
public utilities of radioactive emissions from power plants.
The Department shall establish a reliable system for
communication between the public and the Department and for
dissemination of information by the Department. The
Department shall publicize the findings of all studies and
make the publications reasonably available to the public.
J. The Department of Nuclear Safety shall have primary
responsibility for the coordination and oversight of all
State governmental functions concerning the regulation of
nuclear power, including low level waste management,
environmental monitoring, and transportation of nuclear
waste. Functions performed on the effective date of this
amendatory Act of 1980 by the Department of State Police,
Department of Transportation, and the Illinois Emergency
Management Agency in the area of nuclear safety may continue
to be performed by these agencies but under the direction of
the Department of Nuclear Safety. All other governmental
functions regulating nuclear safety shall be coordinated by
Department of Nuclear Safety.
K. The Department of Nuclear Safety shall enforce the
regulations promulgated by the Pollution Control Board under
Section 25b of the Environmental Protection Act. Under these
regulations the Department shall require that a person,
corporation, or public authority intending to construct a
nuclear steam-generating facility or a nuclear fuel
reprocessing plant file with the Department an environmental
feasibility report that incorporates the data provided in the
preliminary safety analysis required to be filed with the
United States Nuclear Regulatory Commission.
L. Personnel previously assigned to the programs
transferred from the Department of Public Health and the
Office of the State Fire Marshal are hereby transferred to
the Department of Nuclear Safety. The rights of the
employees, the State, and executive agencies under the
Personnel Code or any collective bargaining agreement, or
under any pension, retirement, or annuity plan shall not be
affected by this amendatory Act of 1980.
M. All books, records, papers, documents, property (real
or personal), unexpended appropriations and pending business
in any way pertaining to the rights, powers, and duties
transferred by this amendatory Act of 1980 shall be delivered
and transferred to the Department of Nuclear Safety.
N. All files, records, and data gathered by or under the
direction or authority of the Director under this Act shall
be made available to the Department of Public Health under
the Illinois Health and Hazardous Substances Registry Act.
O. The Department shall not issue or renew to any
individual any accreditation, certification, or registration
(but excluding registration under the Radiation Installation
Act) otherwise issued by the Department if the individual has
defaulted on an educational loan guaranteed by the Illinois
Student Assistance Commission; however, the Department may
issue or renew an accreditation, certification, or
registration if the individual has established a satisfactory
repayment record as determined by the Illinois Student
Assistance Commission. Additionally, any accreditation,
certification, or registration issued by the Department (but
excluding registration under the Radiation Installation Act)
may be suspended or revoked if the Department, after the
opportunity for a hearing under the appropriate
accreditation, certification, or registration Act, finds that
the holder has failed to make satisfactory repayment to the
Illinois Student Assistance Commission for a delinquent or
defaulted loan. For purposes of this Section, "satisfactory
repayment record" shall be defined by rule.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
revised 3-11-96.)
Section 2-45. The Civil Administrative Code of Illinois
is amended by setting forth and renumbering multiple versions
of Section 60.2 as follows:
(20 ILCS 2105/60.2) (from Ch. 127, par. 60.2)
Sec. 60.2. Annual report. The Department of
Professional Regulation shall prepare and file with the
General Assembly during the second week of January in each
calendar year a written report setting forth with respect to
each professional, trade, or occupational school that is
regulated by the Department and that may not lawfully be
operated without a certificate of registration issued by the
Department:
(1) The number of written or verified complaints, by
license category, made or filed with the Department during
the immediately preceding calendar year alleging the
violation of any licensing Act administered by the
Department.
(2) The name and address of each such school with
respect to which or with respect to a representative of which
the Department, during the immediately preceding calendar
year, refused to issue or renew a certificate of registration
required for lawful operation of the school and the reasons
for that refusal.
(3) The name and address of each such school with
respect to which or with respect to a representative of which
the certificate of registration required for lawful
operation of the school was suspended, revoked, placed on
probation, reprimanded, or otherwise disciplined during the
immediately preceding calendar year and the reasons for that
discipline.
(4) The name and location of each such school at which
the Department made any on site inspection at any time during
the immediately preceding calendar year and the date or dates
on which each such on site visit was made at that school.
(Source: P.A. 87-1008.)
(20 ILCS 2105/60.3)
Sec. 60.3. 60.2. Publication of disciplinary actions.
The Department shall publish, at least monthly, final
disciplinary actions taken by the Department against a
licensee or applicant pursuant to the Medical Practice Act of
1987. The specific disciplinary action and the name of the
applicant or licensee shall be listed. This publication
shall be made available to the public upon request and
payment of the fees set by the Department. This publication
may be made available to the public on the Internet through
the State of Illinois World Wide Web site.
(Source: P.A. 89-702, eff. 7-1-97; revised 1-29-97.)
Section 2-50. The Illinois Development Finance Authority
Act is amended by renumbering Sections 7-84, 7-85, and 7-86
as follows:
(20 ILCS 3505/7.84) (from Ch. 48, par. 850.07z24)
Sec. 7.84. 7-84. Additional security. In the event that
the Authority determines that funds pledged, intercepted or
otherwise received or to be received by the Authority under
Section 7.83 of this Act will not be sufficient for the
payment of the principal, premium, if any, and interest
during the next State fiscal year on any bonds issued by the
Authority under Sections 7.80 through 7.87, the Chairman, as
soon as is practicable, shall certify to the Governor the
amount required by the Authority to enable it to pay the
principal, premium, if any, and interest falling due on such
bonds. The Governor shall submit the amount so certified to
the General Assembly as soon as practicable, but no later
than the end of the current State fiscal year. This
paragraph shall not apply to any bonds as to which the
Authority shall have determined, in the resolution
authorizing their issuance, that this paragraph shall not
apply. Whenever the Authority makes such a determination,
that fact shall be plainly stated on the face of such bonds
and that fact shall also be reported to the Governor.
In the event of a withdrawal of moneys from a debt
service reserve fund established with respect to any issue or
issues of bonds of the Authority to pay principal and
interest on those bonds, the Chairman, as soon as is
practicable, shall certify to the Governor the amount
required to restore such reserve fund to the level required
in the resolution or indenture securing the bonds. The
Governor shall submit the amount so certified to the General
Assembly as soon as practicable, but not later than the end
of the current State fiscal year.
(Source: P.A. 86-1211; 87-778; revised 2-7-97.)
(20 ILCS 3505/7.85) (from Ch. 48, par. 850.07z25)
Sec. 7.85. 7-85. Eligible Investments. Bonds issued by
the Authority pursuant to Sections 7.80 through 7.87 shall be
permissible investments within the provisions of Section 12.
(Source: P.A. 86-1211; revised 2-7-97.)
(20 ILCS 3505/7.86) (from Ch. 48, par. 850.07z26)
Sec. 7.86. 7-86. Tax exemption. The exercise of the
powers granted in Sections 7.80 through 7.87 are in all
respects for the benefit of the people of Illinois, and in
consideration thereof the bonds issued pursuant to the
aforementioned Sections and the income therefrom shall be
free from all taxation by the State or its political
subdivisions, except for estate, transfer and inheritance
taxes. For purposes of Section 250 of the Illinois Income
Tax Act, the exemption of the income from bonds issued under
the aforementioned Sections shall terminate after all of the
bonds have been paid. The amount of such income that shall
be added and then subtracted on the Illinois income tax
return of a taxpayer, pursuant to Section 203 of the Illinois
Income Tax Act, from federal adjusted gross income or federal
taxable income in computing Illinois base income shall be the
interest net of any bond premium amortization.
(Source: P.A. 89-460, eff. 5-24-96; revised 11-1-96.)
Section 2-55. The Illinois Health Facilities Planning
Act is amended by changing Sections 3 and 4 and setting forth
and renumbering multiple versions of Section 12.1 as follows:
(20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
Sec. 3. As used in this Act:
"Health care facilities" means and includes the following
facilities and organizations:
1. An ambulatory surgical treatment center required
to be licensed pursuant to the Ambulatory Surgical
Treatment Center Act;
2. An institution, place, building, or agency
required to be licensed pursuant to the Hospital
Licensing Act;
3. Any institution required to be licensed pursuant
to the Nursing Home Care Act;
4. Hospitals, nursing homes, ambulatory surgical
treatment centers, or kidney disease treatment centers
maintained by the State or any department or agency
thereof; and
5. Kidney disease treatment centers, including a
free-standing hemodialysis unit.
No federally owned facility shall be subject to the
provisions of this Act, nor facilities used solely for
healing by prayer or spiritual means.
No facility licensed under the Supportive Residences
Licensing Act shall be subject to the provisions of this Act.
A facility designated as a supportive living facility
that is in good standing with the demonstration project
established under Section 5-5.01a of the Illinois Public Aid
Code shall not be subject to the provisions of this Act.
This Act does not apply to facilities granted waivers
under Section 3-102.2 of the Nursing Home Care Act. However,
if a demonstration project under that Act applies for a
certificate of need to convert to a nursing facility, it
shall meet the licensure and certificate of need requirements
in effect as of the date of application.
With the exception of those health care facilities
specifically included in this Section, nothing in this Act
shall be intended to include facilities operated as a part of
the practice of a physician or other licensed health care
professional, whether practicing in his individual capacity
or within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional group. Further, this Act shall not apply to
physicians or other licensed health care professional's
practices where such practices are carried out in a portion
of a health care facility under contract with such health
care facility by a physician or by other licensed health care
professionals, whether practicing in his individual capacity
or within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional groups. This Act shall apply to construction or
modification and to establishment by such health care
facility of such contracted portion which is subject to
facility licensing requirements, irrespective of the party
responsible for such action or attendant financial
obligation.
"Person" means any one or more natural persons, legal
entities, governmental bodies other than federal, or any
combination thereof.
"Consumer" means any person other than a person (a) whose
major occupation currently involves or whose official
capacity within the last 12 months has involved the
providing, administering or financing of any type of health
care facility, (b) who is engaged in health research or the
teaching of health, (c) who has a material financial interest
in any activity which involves the providing, administering
or financing of any type of health care facility, or (d) who
is or ever has been a member of the immediate family of the
person defined by (a), (b), or (c).
"State Board" means the Health Facilities Planning Board.
"Construction or modification" means the establishment,
erection, building, alteration, reconstruction,
modernization, improvement, extension, discontinuation,
change of ownership, of or by a health care facility, or the
purchase or acquisition by or through a health care facility
of equipment or service for diagnostic or therapeutic
purposes or for facility administration or operation, or any
capital expenditure made by or on behalf of a health care
facility which exceeds the capital expenditure minimum.
"Establish" means the construction of a health care
facility or the replacement of an existing facility on
another site.
"Major medical equipment" means medical equipment which
is used for the provision of medical and other health
services and which costs in excess of the capital expenditure
minimum, except that such term does not include medical
equipment acquired by or on behalf of a clinical laboratory
to provide clinical laboratory services if the clinical
laboratory is independent of a physician's office and a
hospital and it has been determined under Title XVIII of the
Social Security Act to meet the requirements of paragraphs
(10) and (11) of Section 1861(s) of such Act. In determining
whether medical equipment has a value in excess of the
capital expenditure minimum, the value of studies, surveys,
designs, plans, working drawings, specifications, and other
activities essential to the acquisition of such equipment
shall be included.
"Capital Expenditure" means an expenditure: (A) made by
or on behalf of a health care facility (as such a facility is
defined in this Act); and (B) which under generally accepted
accounting principles is not properly chargeable as an
expense of operation and maintenance, or is made to obtain by
lease or comparable arrangement any facility or part thereof
or any equipment for a facility or part; and which exceeds
the capital expenditure minimum.
For the purpose of this paragraph, the cost of any
studies, surveys, designs, plans, working drawings,
specifications, and other activities essential to the
acquisition, improvement, expansion, or replacement of any
plant or equipment with respect to which an expenditure is
made shall be included in determining if such expenditure
exceeds the capital expenditures minimum. Donations of
equipment or facilities to a health care facility which if
acquired directly by such facility would be subject to review
under this Act shall be considered capital expenditures, and
a transfer of equipment or facilities for less than fair
market value shall be considered a capital expenditure for
purposes of this Act if a transfer of the equipment or
facilities at fair market value would be subject to review.
"Capital expenditure minimum" means $1,000,000 for major
medical equipment and $2,000,000 for all other capital
expenditures, both of which shall be annually adjusted to
reflect the increase in construction costs due to inflation.
"Areawide" means a major area of the State delineated on
a geographic, demographic, and functional basis for health
planning and for health service and having within it one or
more local areas for health planning and health service. The
term "region", as contrasted with the term "subregion", and
the word "area" may be used synonymously with the term
"areawide".
"Local" means a subarea of a delineated major area that
on a geographic, demographic, and functional basis may be
considered to be part of such major area. The term
"subregion" may be used synonymously with the term "local".
"Areawide health planning organization" or "Comprehensive
health planning organization" means the health systems agency
designated by the Secretary, Department of Health and Human
Services or any successor agency.
"Local health planning organization" means those local
health planning organizations that are designated as such by
the areawide health planning organization of the appropriate
area.
"Physician" means a person licensed to practice in
accordance with the Medical Practice Act of 1987, as amended.
"Licensed health care professional" means a person
licensed to practice a health profession under pertinent
licensing statutes of the State of Illinois.
"Director" means the Director of the Illinois Department
of Public Health.
"Agency" means the Illinois Department of Public Health.
"Comprehensive health planning" means health planning
concerned with the total population and all health and
associated problems that affect the well-being of people and
that encompasses health services, health manpower, and health
facilities; and the coordination among these and with those
social, economic, and environmental factors that affect
health.
"Alternative health care model" means a facility or
program authorized under the Alternative Health Care Delivery
Act.
(Source: P.A. 88-18; 89-499, eff. 6-28-96; 89-530, eff.
7-19-96; revised 8-15-96.)
(20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
Sec. 4. There is created the Health Facilities Planning
Board, which shall perform such functions as hereinafter
described in this Act.
The State Board shall consist of 15 voting members,
including: 8 consumer members; one member representing the
commercial health insurance industry in Illinois; one member
representing proprietary hospitals in Illinois; one member
who is actively engaged in the field of hospital management;
one member who is a professional nurse registered in
Illinois; one member who is a physician in active private
practice licensed in Illinois to practice medicine in all of
its branches; one member who is actively engaged in the field
of skilled nursing or intermediate care facility management;
and one member who is actively engaged in the administration
of an ambulatory surgical treatment center licensed under the
Ambulatory Surgical Treatment Center Act.
The State Board shall be appointed by the Governor, with
the advice and consent of the Senate. In making the
appointments, the Governor shall give consideration to
recommendations made by (1) the professional organizations
concerned with hospital management for the hospital
management appointment, (2) professional organizations
concerned with long term care facility management for the
long term care facility management appointment, (3)
professional medical organizations for the physician
appointment, (4) professional nursing organizations for the
nurse appointment, and (5) professional organizations
concerned with ambulatory surgical treatment centers for the
ambulatory surgical treatment center appointment, and shall
appoint as consumer members individuals familiar with
community health needs but whose interest in the operation,
construction or utilization of health care facilities are
derived from factors other than those related to his
profession, business, or economic gain, and who represent, so
far as possible, different geographic areas of the State. Not
more than 8 of the appointments shall be of the same
political party.
The Secretary of Human Services, the Director of Public
Aid, and the Director of Public Health, or their designated
representatives, shall serve as ex-officio, non-voting
members of the State Board.
Of those appointed by the Governor as voting members,
each member shall hold office for a term of 3 years:
provided, that any member appointed to fill a vacancy
occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed for the
remainder of such term and the term of office of each
successor shall commence on July 1 of the year in which his
predecessor's term expires. In making original appointments
to the State Board, the Governor shall appoint 5 members for
a term of one year, 5 for a term of 2 years, and 3 for a term
of 3 years, and each of these terms of office shall commence
on July 1, 1974. The initial term of office for the members
appointed under this amendatory Act of 1996 shall begin on
July 1, 1996 and shall last for 2 years, and each subsequent
appointment shall be for a term of 3 years. Each member
shall hold office until his successor is appointed and
qualified.
State Board members, while serving on business of the
State Board, shall receive actual and necessary travel and
subsistence expenses while so serving away from their places
of residence. In addition, while serving on business of the
State Board, each member shall receive compensation of $150
per day, except that such compensation shall not exceed
$7,500 in any one year for any member.
The State Board shall provide for its own organization
and procedures, including the selection of a Chairman and
such other officers as deemed necessary. The Director, with
concurrence of the State Board, shall name as full-time
Executive Secretary of the State Board, a person qualified in
health care facility planning and in administration. The
Agency shall provide administrative and staff support for the
State Board. The State Board shall advise the Director of
its budgetary and staff needs and consult with the Director
on annual budget preparation.
The State Board shall meet at least once each quarter, or
as often as the Chairman of the State Board deems necessary,
or upon the request of a majority of the members.
Eight members of the State Board shall constitute a
quorum. The affirmative vote of 8 of the members of the
State Board shall be necessary for any action requiring a
vote to be taken by the State Board. A vacancy in the
membership of the State Board shall not impair the right of a
quorum to exercise all the rights and perform all the duties
of the State Board as provided by this Act.
(Source: P.A. 88-490; 89-507, eff. 7-1-97; 89-674, eff.
8-14-96; revised 9-12-96.)
(20 ILCS 3960/12.1) (from Ch. 111 1/2, par. 1162.1)
Sec. 12.1. The State Board shall, by rule, define terms
and set those conditions necessary to implement the Health
Care Worker Self-Referral Act. The rules shall be
promulgated and adopted exclusively and solely by the State
Board.
(Source: P.A. 87-1207.)
(20 ILCS 3960/12.2)
Sec. 12.2. 12.1. Powers of the Agency. For purposes of
this Act, the Agency shall exercise the following powers and
duties:
(1) Review applications for permits and exemptions in
accordance with the standards, criteria, and plans of need
established by the State Board under this Act and certify its
finding to the State Board.
(2) Charge and collect an amount determined by the State
Board to be reasonable fees for the processing of
applications by the State Board, the Agency, and the
appropriate recognized areawide health planning organization.
The State Board shall set the amounts by rule. All fees and
fines collected under the provisions of this Act shall be
deposited into the Illinois Health Facilities Planning Fund
to be used for the expenses of administering this Act.
(3) Coordinate with other State agencies having
responsibilities affecting health care facilities, including
those of licensure and cost reporting.
(Source: P.A. 89-276, eff. 8-10-95; revised 1-7-97.)
Section 2-65. The State Finance Act is amended by
setting forth and renumbering multiple versions of Sections
5.402, 5.432, and 5.433 and changing Section 25 as follows:
(30 ILCS 105/5.402)
Sec. 5.402. The Eastern Illinois University Income Fund.
(Source: P.A. 89-4, eff. 1-1-96; 89-626, eff. 8-9-96.)
(30 ILCS 105/5.432)
Sec. 5.432. The State D.A.R.E. Fund.
(Source: P.A. 89-621, eff. 1-1-97.)
(30 ILCS 105/5.433)
Sec. 5.433. The County D.A.R.E. Fund.
(Source: P.A. 89-621, eff. 1-1-97.)
(30 ILCS 105/5.435)
Sec. 5.435. 5.402. The Illinois Fire Fighters' Memorial
Fund.
(Source: P.A. 89-612, eff. 8-9-96; revised 10-24-96.)
(30 ILCS 105/5.436)
Sec. 5.436. 5.432. The Livestock Management Facilities
Fund.
(Source: P.A. 89-456, eff. 5-21-96; revised 10-24-96.)
(30 ILCS 105/5.437)
Sec. 5.437. 5.432. The Alternative Compliance Market
Account Fund.
(Source: P.A. 89-465, eff. 6-13-96; revised 10-24-96.)
(30 ILCS 105/5.438)
Sec. 5.438. 5.432. The Gang Crime Witness Protection
Fund.
(Source: P.A. 89-498, eff. 6-27-96; revised 10-24-96.)
(30 ILCS 105/5.439)
Sec. 5.439. 5.432. The Health Care Facility and Program
Survey Fund.
(Source: P.A. 89-499, eff. 8-26-96; revised 10-24-96.)
(30 ILCS 105/5.440)
Sec. 5.440. 5.432. The Secretary of State Special
Services Fund.
(Source: P.A. 89-503, eff. 7-1-96; revised 10-24-96.)
(30 ILCS 105/5.441)
Sec. 5.441. 5.432. The Medical Research and Development
Fund.
(Source: P.A. 89-506, eff. 7-3-96; revised 10-24-96.)
(30 ILCS 105/5.442)
Sec. 5.442. 5.433. The Post-Tertiary Clinical Services
Fund.
(Source: P.A. 89-506, eff. 7-3-96; revised 10-24-96.)
(30 ILCS 105/5.443)
Sec. 5.443. 5.432. The Comptroller's Administrative
Fund.
(Source: P.A. 89-511, eff. 1-1-97; 89-615, eff. 8-9-96;
revised 10-24-96.)
(30 ILCS 105/5.444)
Sec. 5.444. 5.432. The Illinois Student Assistance
Commission Higher EdNet Fund.
(Source: P.A. 89-512, eff. 7-11-96; revised 10-24-96.)
(30 ILCS 105/5.445)
Sec. 5.445. 5.432. The Wildlife Prairie Park Fund.
(Source: P.A. 89-611, eff. 1-1-97; revised 10-24-96.)
(30 ILCS 105/5.446)
Sec. 5.446. 5.432. The Master Mason Fund.
(Source: P.A. 89-620, eff. 1-1-97; revised 10-24-96.)
(30 ILCS 105/5.447)
Sec. 5.447. 5.433. The Knights of Columbus Fund.
(Source: P.A. 89-620, eff. 1-1-97; revised 10-24-96.)
(30 ILCS 105/5.448)
Sec. 5.448. 5.432. The Court of Claims Administration
and Grant Fund.
(Source: P.A. 89-670, eff. 8-14-96; revised 10-24-96.)
(30 ILCS 105/25) (from Ch. 127, par. 161)
Sec. 25. Fiscal year limitations.
(a) All appropriations shall be available for
expenditure for the fiscal year or for a lesser period if the
Act making that appropriation so specifies. A deficiency or
emergency appropriation shall be available for expenditure
only through June 30 of the year when the Act making that
appropriation is enacted unless that Act otherwise provides.
(b) Outstanding liabilities as of June 30, payable from
appropriations which have otherwise expired, may be paid out
of the expiring appropriations during the 2-month period
ending at the close of business on August 31. Any service
involving professional or artistic skills or any personal
services by an employee whose compensation is subject to
income tax withholding must be performed as of June 30 of the
fiscal year in order to be considered an "outstanding
liability as of June 30" that is thereby eligible for payment
out of the expiring appropriation.
However, payment of tuition reimbursement claims under
Section 14-7.03 or 18-3 of the School Code may be made by the
State Board of Education from its appropriations for those
respective purposes for any fiscal year, even though the
claims reimbursed by the payment may be claims attributable
to a prior fiscal year, and payments may be made at the
direction of the State Superintendent of Education from the
fund from which the appropriation is made without regard to
any fiscal year limitations.
Medical payments may be made by the Department of Public
Aid and child care payments may be made by the Department of
Human Services (as successor to the Department of Public Aid)
from appropriations for those purposes for any fiscal year,
without regard to the fact that the medical or child care
services being compensated for by such payment may have been
rendered in a prior fiscal year; and payments may be made at
the direction of the Department of Central Management
Services from the Health Insurance Reserve Fund and the Local
Government Health Insurance Reserve Fund without regard to
any fiscal year limitations.
Additionally, payments may be made by the Department of
Human Services from its appropriations, or any other State
agency from its appropriations with the approval of the
Department of Human Services, from the Immigration Reform and
Control Fund for purposes authorized pursuant to the
Immigration Reform and Control Act of 1986, without regard to
any fiscal year limitations.
(c) Further, payments may be made by the Department of
Public Health and the Department of Human Services (acting as
successor to the Department of Public Health under the
Department of Human Services Act) from their respective
appropriations for grants for medical care to or on behalf of
persons suffering from chronic renal disease, persons
suffering from hemophilia, rape victims, and premature and
high-mortality risk infants and their mothers and for grants
for supplemental food supplies provided under the United
States Department of Agriculture Women, Infants and Children
Nutrition Program, for any fiscal year without regard to the
fact that the services being compensated for by such payment
may have been rendered in a prior fiscal year.
(d) The Department of Public Health and the Department
of Human Services (acting as successor to the Department of
Public Health under the Department of Human Services Act)
shall each annually submit to the State Comptroller, Senate
President, Senate Minority Leader, Speaker of the House,
House Minority Leader, and the respective Chairmen and
Minority Spokesmen of the Appropriations Committees of the
Senate and the House, on or before December 31, a report of
fiscal year funds used to pay for services provided in any
prior fiscal year. This report shall document by program or
service category those expenditures from the most recently
completed fiscal year used to pay for services provided in
prior fiscal years.
(e) The Department of Public Aid and the Department of
Human Services (acting as successor to the Department of
Public Aid) shall each annually submit to the State
Comptroller, Senate President, Senate Minority Leader,
Speaker of the House, House Minority Leader, the respective
Chairmen and Minority Spokesmen of the Appropriations
Committees of the Senate and the House, on or before November
30, a report that shall document by program or service
category those expenditures from the most recently completed
fiscal year used to pay for (i) services provided in prior
fiscal years and (ii) services for which claims were received
in prior fiscal years.
(f) The Department of Human Services (as successor to
the Department of Public Aid) shall annually submit to the
State Comptroller, Senate President, Senate Minority Leader,
Speaker of the House, House Minority Leader, and the
respective Chairmen and Minority Spokesmen of the
Appropriations Committees of the Senate and the House, on or
before December 31, a report of fiscal year funds used to pay
for services (other than medical care) provided in any prior
fiscal year. This report shall document by program or
service category those expenditures from the most recently
completed fiscal year used to pay for services provided in
prior fiscal years.
(g) In addition, each annual report required to be
submitted by the Department of Public Aid under subsection
(e) shall include the following information with respect to
the State's Medicaid program:
(1) Explanations of the exact causes of the
variance between the previous year's estimated and actual
liabilities.
(2) Factors affecting the Department of Public
Aid's liabilities, including but not limited to numbers
of aid recipients, levels of medical service utilization
by aid recipients, and inflation in the cost of medical
services.
(3) The results of the Department's efforts to
combat fraud and abuse.
(h) As provided in Section 4 of the General Assembly
Compensation Act, any utility bill for service provided to a
General Assembly member's district office for a period
including portions of 2 consecutive fiscal years may be paid
from funds appropriated for such expenditure in either fiscal
year.
(i) An agency which administers a fund classified by the
Comptroller as an internal service fund may issue rules for:
(1) billing user agencies in advance based on
estimated charges for goods or services;
(2) issuing credits during the subsequent fiscal
year for all user agency payments received during the
prior fiscal year which were in excess of the final
amounts owed by the user agency for that period; and
(3) issuing catch-up billings to user agencies
during the subsequent fiscal year for amounts remaining
due when payments received from the user agency during
the prior fiscal year were less than the total amount
owed for that period.
User agencies are authorized to reimburse internal service
funds for catch-up billings by vouchers drawn against their
respective appropriations for the fiscal year in which the
catch-up billing was issued.
(Source: P.A. 88-554, eff. 7-26-94; 88-575, eff. 8-12-94;
89-235, eff. 8-4-95; 89-507, eff. 7-1-97; 89-511, eff.
1-1-97; revised 9-10-96.)
Section 2-70. The State Mandates Act is amended by
changing, combining, and renumbering multiple versions of
Sections 8.20 and 8.21 as follows:
(30 ILCS 805/8.20)
Sec. 8.20. 8.21. Exempt mandates mandate.
Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by Public Act 89-510, 89-513, 89-514,
89-606, 89-617, 89-643, 89-671, 89-683, 89-690, or 89-705
this amendatory Act of 1996 1997.
(Source: P.A. 89-510, eff. 7-11-96; 89-513, eff. 9-15-96;
89-514, eff. 7-17-96; 89-606, eff. 1-1-97; 89-617, eff.
9-1-96; 89-643, eff. 8-9-96; 89-671, eff. 8-14-96; 89-683,
eff. 6-1-97; 89-690, eff. 6-1-97; 89-705, eff. 1-31-97;
revised 2-12-97.)
Section 2-75. The Use Tax Act is amended by changing
Section 3-5 as follows:
(35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5)
Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
(1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
(2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
(3) Personal property purchased by a not-for-profit
music or dramatic arts organization that establishes, by
proof required by the Department by rule, that it has
received an exemption under Section 501(c)(3) of the Internal
Revenue Code and that is organized and operated for the
presentation of live public performances of musical or
theatrical works on a regular basis.
(4) Personal property purchased by a governmental body,
by a corporation, society, association, foundation, or
institution organized and operated exclusively for
charitable, religious, or educational purposes, or by a
not-for-profit corporation, society, association, foundation,
institution, or organization that has no compensated officers
or employees and that is organized and operated primarily for
the recreation of persons 55 years of age or older. A limited
liability company may qualify for the exemption under this
paragraph only if the limited liability company is organized
and operated exclusively for educational purposes. On and
after July 1, 1987, however, no entity otherwise eligible for
this exemption shall make tax-free purchases unless it has an
active exemption identification number issued by the
Department.
(5) A passenger car that is a replacement vehicle to the
extent that the purchase price of the car is subject to the
Replacement Vehicle Tax.
(6) Graphic arts machinery and equipment, including
repair and replacement parts, both new and used, and
including that manufactured on special order, certified by
the purchaser to be used primarily for graphic arts
production, and including machinery and equipment purchased
for lease.
(7) Farm chemicals.
(8) Legal tender, currency, medallions, or gold or
silver coinage issued by the State of Illinois, the
government of the United States of America, or the government
of any foreign country, and bullion.
(9) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(10) A motor vehicle of the first division, a motor
vehicle of the second division that is a self-contained motor
vehicle designed or permanently converted to provide living
quarters for recreational, camping, or travel use, with
direct walk through to the living quarters from the driver's
seat, or a motor vehicle of the second division that is of
the van configuration designed for the transportation of not
less than 7 nor more than 16 passengers, as defined in
Section 1-146 of the Illinois Vehicle Code, that is used for
automobile renting, as defined in the Automobile Renting
Occupation and Use Tax Act.
(11) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by
the purchaser to be used primarily for production agriculture
or State or federal agricultural programs, including
individual replacement parts for the machinery and equipment,
and including machinery and equipment purchased for lease,
but excluding motor vehicles required to be registered under
the Illinois Vehicle Code.
(12) Fuel and petroleum products sold to or used by an
air common carrier, certified by the carrier to be used for
consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight destined for
or returning from a location or locations outside the United
States without regard to previous or subsequent domestic
stopovers.
(13) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption
of food and beverages purchased at retail from a retailer, to
the extent that the proceeds of the service charge are in
fact turned over as tips or as a substitute for tips to the
employees who participate directly in preparing, serving,
hosting or cleaning up the food or beverage function with
respect to which the service charge is imposed.
(14) Oil field exploration, drilling, and production
equipment, including (i) rigs and parts of rigs, rotary rigs,
cable tool rigs, and workover rigs, (ii) pipe and tubular
goods, including casing and drill strings, (iii) pumps and
pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(15) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including
that manufactured on special order, certified by the
purchaser to be used primarily for photoprocessing, and
including photoprocessing machinery and equipment purchased
for lease.
(16) Coal exploration, mining, offhighway hauling,
processing, maintenance, and reclamation equipment, including
replacement parts and equipment, and including equipment
purchased for lease, but excluding motor vehicles required to
be registered under the Illinois Vehicle Code.
(17) Distillation machinery and equipment, sold as a
unit or kit, assembled or installed by the retailer,
certified by the user to be used only for the production of
ethyl alcohol that will be used for consumption as motor fuel
or as a component of motor fuel for the personal use of the
user, and not subject to sale or resale.
(18) Manufacturing and assembling machinery and
equipment used primarily in the process of manufacturing or
assembling tangible personal property for wholesale or retail
sale or lease, whether that sale or lease is made directly by
the manufacturer or by some other person, whether the
materials used in the process are owned by the manufacturer
or some other person, or whether that sale or lease is made
apart from or as an incident to the seller's engaging in the
service occupation of producing machines, tools, dies, jigs,
patterns, gauges, or other similar items of no commercial
value on special order for a particular purchaser.
(19) Personal property delivered to a purchaser or
purchaser's donee inside Illinois when the purchase order for
that personal property was received by a florist located
outside Illinois who has a florist located inside Illinois
deliver the personal property.
(20) Semen used for artificial insemination of livestock
for direct agricultural production.
(21) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
(22) Computers and communications equipment utilized
for any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is
leased in a manner that does not qualify for this exemption
or is used in any other non-exempt manner, the lessor shall
be liable for the tax imposed under this Act or the Service
Use Tax Act, as the case may be, based on the fair market
value of the property at the time the non-qualifying use
occurs. No lessor shall collect or attempt to collect an
amount (however designated) that purports to reimburse that
lessor for the tax imposed by this Act or the Service Use Tax
Act, as the case may be, if the tax has not been paid by the
lessor. If a lessor improperly collects any such amount from
the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that
amount is not refunded to the lessee for any reason, the
lessor is liable to pay that amount to the Department.
(23) Personal property purchased by a lessor who leases
the property, under a lease of one year or longer executed
or in effect at the time the lessor would otherwise be
subject to the tax imposed by this Act, to a governmental
body that has been issued an active sales tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the property is leased
in a manner that does not qualify for this exemption or used
in any other non-exempt manner, the lessor shall be liable
for the tax imposed under this Act or the Service Use Tax
Act, as the case may be, based on the fair market value of
the property at the time the non-qualifying use occurs. No
lessor shall collect or attempt to collect an amount (however
designated) that purports to reimburse that lessor for the
tax imposed by this Act or the Service Use Tax Act, as the
case may be, if the tax has not been paid by the lessor. If
a lessor improperly collects any such amount from the lessee,
the lessee shall have a legal right to claim a refund of that
amount from the lessor. If, however, that amount is not
refunded to the lessee for any reason, the lessor is liable
to pay that amount to the Department.
(24) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated
for disaster relief to be used in a State or federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to
a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption
identification number by the Department that assists victims
of the disaster who reside within the declared disaster area.
(25) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in
the performance of infrastructure repairs in this State,
including but not limited to municipal roads and streets,
access roads, bridges, sidewalks, waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois when such repairs are initiated on facilities
located in the declared disaster area within 6 months after
the disaster.
(Source: P.A. 88-337; 88-480; 88-547; 88-670, eff. 12-2-94;
89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626,
eff. 8-9-96; revised 8-21-96.)
Section 2-80. The Service Use Tax Act is amended by
changing Section 3-5 as follows:
(35 ILCS 110/3-5) (from Ch. 120, par. 439.33-5)
Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
(1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
(2) Personal property purchased by a non-profit Illinois
county fair association for use in conducting, operating, or
promoting the county fair.
(3) Personal property purchased by a not-for-profit
music or dramatic arts organization that establishes, by
proof required by the Department by rule, that it has
received an exemption under Section 501(c)(3) of the Internal
Revenue Code and that is organized and operated for the
presentation of live public performances of musical or
theatrical works on a regular basis.
(4) Legal tender, currency, medallions, or gold or
silver coinage issued by the State of Illinois, the
government of the United States of America, or the government
of any foreign country, and bullion.
(5) Graphic arts machinery and equipment, including
repair and replacement parts, both new and used, and
including that manufactured on special order or purchased for
lease, certified by the purchaser to be used primarily for
graphic arts production.
(6) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by
the purchaser to be used primarily for production agriculture
or State or federal agricultural programs, including
individual replacement parts for the machinery and equipment,
and including machinery and equipment purchased for lease,
but excluding motor vehicles required to be registered under
the Illinois Vehicle Code.
(8) Fuel and petroleum products sold to or used by an
air common carrier, certified by the carrier to be used for
consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight destined for
or returning from a location or locations outside the United
States without regard to previous or subsequent domestic
stopovers.
(9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption
of food and beverages acquired as an incident to the purchase
of a service from a serviceman, to the extent that the
proceeds of the service charge are in fact turned over as
tips or as a substitute for tips to the employees who
participate directly in preparing, serving, hosting or
cleaning up the food or beverage function with respect to
which the service charge is imposed.
(10) Oil field exploration, drilling, and production
equipment, including (i) rigs and parts of rigs, rotary rigs,
cable tool rigs, and workover rigs, (ii) pipe and tubular
goods, including casing and drill strings, (iii) pumps and
pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(11) Proceeds from the sale of photoprocessing machinery
and equipment, including repair and replacement parts, both
new and used, including that manufactured on special order,
certified by the purchaser to be used primarily for
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
(12) Coal exploration, mining, offhighway hauling,
processing, maintenance, and reclamation equipment, including
replacement parts and equipment, and including equipment
purchased for lease, but excluding motor vehicles required to
be registered under the Illinois Vehicle Code.
(13) Semen used for artificial insemination of livestock
for direct agricultural production.
(14) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
(15) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is leased
in a manner that does not qualify for this exemption or is
used in any other non-exempt manner, the lessor shall be
liable for the tax imposed under this Act or the Use Tax Act,
as the case may be, based on the fair market value of the
property at the time the non-qualifying use occurs. No
lessor shall collect or attempt to collect an amount (however
designated) that purports to reimburse that lessor for the
tax imposed by this Act or the Use Tax Act, as the case may
be, if the tax has not been paid by the lessor. If a lessor
improperly collects any such amount from the lessee, the
lessee shall have a legal right to claim a refund of that
amount from the lessor. If, however, that amount is not
refunded to the lessee for any reason, the lessor is liable
to pay that amount to the Department.
(16) Personal property purchased by a lessor who leases
the property, under a lease of one year or longer executed or
in effect at the time the lessor would otherwise be subject
to the tax imposed by this Act, to a governmental body that
has been issued an active tax exemption identification number
by the Department under Section 1g of the Retailers'
Occupation Tax Act. If the property is leased in a manner
that does not qualify for this exemption or is used in any
other non-exempt manner, the lessor shall be liable for the
tax imposed under this Act or the Use Tax Act, as the case
may be, based on the fair market value of the property at the
time the non-qualifying use occurs. No lessor shall collect
or attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Use Tax Act, as the case may be, if the tax has
not been paid by the lessor. If a lessor improperly collects
any such amount from the lessee, the lessee shall have a
legal right to claim a refund of that amount from the lessor.
If, however, that amount is not refunded to the lessee for
any reason, the lessor is liable to pay that amount to the
Department.
(17) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated
for disaster relief to be used in a State or federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to
a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption
identification number by the Department that assists victims
of the disaster who reside within the declared disaster area.
(18) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in
the performance of infrastructure repairs in this State,
including but not limited to municipal roads and streets,
access roads, bridges, sidewalks, waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois when such repairs are initiated on facilities
located in the declared disaster area within 6 months after
the disaster.
(Source: P.A. 88-337; 88-480; 88-547; 88-670, eff. 12-2-94;
89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626,
eff. 8-9-96; revised 8-21-96.)
Section 2-85. The Service Occupation Tax Act is amended
by changing Section 3-5 as follows:
(35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5)
Sec. 3-5. Exemptions. The following tangible personal
property is exempt from the tax imposed by this Act:
(1) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other
than a limited liability company, that is organized and
operated as a not-for-profit service enterprise for the
benefit of persons 65 years of age or older if the personal
property was not purchased by the enterprise for the purpose
of resale by the enterprise.
(2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
(3) Personal property purchased by any not-for-profit
music or dramatic arts organization that establishes, by
proof required by the Department by rule, that it has
received an exemption under Section 501(c)(3) of the
Internal Revenue Code and that is organized and operated for
the presentation of live public performances of musical or
theatrical works on a regular basis.
(4) Legal tender, currency, medallions, or gold or
silver coinage issued by the State of Illinois, the
government of the United States of America, or the government
of any foreign country, and bullion.
(5) Graphic arts machinery and equipment, including
repair and replacement parts, both new and used, and
including that manufactured on special order or purchased for
lease, certified by the purchaser to be used primarily for
graphic arts production.
(6) Personal property sold by a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by
the purchaser to be used primarily for production agriculture
or State or federal agricultural programs, including
individual replacement parts for the machinery and equipment,
and including machinery and equipment purchased for lease,
but excluding motor vehicles required to be registered under
the Illinois Vehicle Code.
(8) Fuel and petroleum products sold to or used by an
air common carrier, certified by the carrier to be used for
consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight destined for
or returning from a location or locations outside the United
States without regard to previous or subsequent domestic
stopovers.
(9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption
of food and beverages, to the extent that the proceeds of the
service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
(10) Oil field exploration, drilling, and production
equipment, including (i) rigs and parts of rigs, rotary rigs,
cable tool rigs, and workover rigs, (ii) pipe and tubular
goods, including casing and drill strings, (iii) pumps and
pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(11) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including
that manufactured on special order, certified by the
purchaser to be used primarily for photoprocessing, and
including photoprocessing machinery and equipment purchased
for lease.
(12) Coal exploration, mining, offhighway hauling,
processing, maintenance, and reclamation equipment, including
replacement parts and equipment, and including equipment
purchased for lease, but excluding motor vehicles required to
be registered under the Illinois Vehicle Code.
(13) Food for human consumption that is to be consumed
off the premises where it is sold (other than alcoholic
beverages, soft drinks and food that has been prepared for
immediate consumption) and prescription and nonprescription
medicines, drugs, medical appliances, and insulin, urine
testing materials, syringes, and needles used by diabetics,
for human use, when purchased for use by a person receiving
medical assistance under Article 5 of the Illinois Public Aid
Code who resides in a licensed long-term care facility, as
defined in the Nursing Home Care Act.
(14) Semen used for artificial insemination of livestock
for direct agricultural production.
(15) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
(16) Computers and communications equipment utilized
for any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients sold to a lessor
who leases the equipment, under a lease of one year or longer
executed or in effect at the time of the purchase, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act.
(17) Personal property sold to a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time of the purchase, to a governmental body
that has been issued an active tax exemption identification
number by the Department under Section 1g of the Retailers'
Occupation Tax Act.
(18) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated
for disaster relief to be used in a State or federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to
a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption
identification number by the Department that assists victims
of the disaster who reside within the declared disaster area.
(19) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in
the performance of infrastructure repairs in this State,
including but not limited to municipal roads and streets,
access roads, bridges, sidewalks, waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois when such repairs are initiated on facilities
located in the declared disaster area within 6 months after
the disaster.
(Source: P.A. 88-337; 88-480; 88-547; 88-670, eff. 12-2-94;
89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626,
eff. 8-9-96; revised 8-21-96.)
Section 2-90. The Retailers' Occupation Tax Act is
amended by changing Section 2-5 as follows:
(35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
Sec. 2-5. Exemptions. Gross receipts from proceeds from
the sale of the following tangible personal property are
exempt from the tax imposed by this Act:
(1) Farm chemicals.
(2) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by
the purchaser to be used primarily for production agriculture
or State or federal agricultural programs, including
individual replacement parts for the machinery and equipment,
and including machinery and equipment purchased for lease,
but excluding motor vehicles required to be registered under
the Illinois Vehicle Code.
(3) Distillation machinery and equipment, sold as a unit
or kit, assembled or installed by the retailer, certified by
the user to be used only for the production of ethyl alcohol
that will be used for consumption as motor fuel or as a
component of motor fuel for the personal use of the user, and
not subject to sale or resale.
(4) Graphic arts machinery and equipment, including
repair and replacement parts, both new and used, and
including that manufactured on special order or purchased for
lease, certified by the purchaser to be used primarily for
graphic arts production.
(5) A motor vehicle of the first division, a motor
vehicle of the second division that is a self-contained motor
vehicle designed or permanently converted to provide living
quarters for recreational, camping, or travel use, with
direct walk through access to the living quarters from the
driver's seat, or a motor vehicle of the second division that
is of the van configuration designed for the transportation
of not less than 7 nor more than 16 passengers, as defined in
Section 1-146 of the Illinois Vehicle Code, that is used for
automobile renting, as defined in the Automobile Renting
Occupation and Use Tax Act.
(6) Personal property sold by a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(7) Proceeds of that portion of the selling price of a
passenger car the sale of which is subject to the Replacement
Vehicle Tax.
(8) Personal property sold to an Illinois county fair
association for use in conducting, operating, or promoting
the county fair.
(9) Personal property sold to a not-for-profit music or
dramatic arts organization that establishes, by proof
required by the Department by rule, that it has received an
exemption under Section 501(c) (3) of the Internal Revenue
Code and that is organized and operated for the presentation
of live public performances of musical or theatrical works on
a regular basis.
(10) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other
than a limited liability company, that is organized and
operated as a not-for-profit service enterprise for the
benefit of persons 65 years of age or older if the personal
property was not purchased by the enterprise for the purpose
of resale by the enterprise.
(11) Personal property sold to a governmental body, to a
corporation, society, association, foundation, or institution
organized and operated exclusively for charitable, religious,
or educational purposes, or to a not-for-profit corporation,
society, association, foundation, institution, or
organization that has no compensated officers or employees
and that is organized and operated primarily for the
recreation of persons 55 years of age or older. A limited
liability company may qualify for the exemption under this
paragraph only if the limited liability company is organized
and operated exclusively for educational purposes. On and
after July 1, 1987, however, no entity otherwise eligible for
this exemption shall make tax-free purchases unless it has an
active identification number issued by the Department.
(12) Personal property sold to interstate carriers for
hire for use as rolling stock moving in interstate commerce
or to lessors under leases of one year or longer executed or
in effect at the time of purchase by interstate carriers for
hire for use as rolling stock moving in interstate commerce
and equipment operated by a telecommunications provider,
licensed as a common carrier by the Federal Communications
Commission, which is permanently installed in or affixed to
aircraft moving in interstate commerce.
(13) Proceeds from sales to owners, lessors, or shippers
of tangible personal property that is utilized by interstate
carriers for hire for use as rolling stock moving in
interstate commerce and equipment operated by a
telecommunications provider, licensed as a common carrier by
the Federal Communications Commission, which is permanently
installed in or affixed to aircraft moving in interstate
commerce.
(14) Machinery and equipment that will be used by the
purchaser, or a lessee of the purchaser, primarily in the
process of manufacturing or assembling tangible personal
property for wholesale or retail sale or lease, whether the
sale or lease is made directly by the manufacturer or by some
other person, whether the materials used in the process are
owned by the manufacturer or some other person, or whether
the sale or lease is made apart from or as an incident to the
seller's engaging in the service occupation of producing
machines, tools, dies, jigs, patterns, gauges, or other
similar items of no commercial value on special order for a
particular purchaser.
(15) Proceeds of mandatory service charges separately
stated on customers' bills for purchase and consumption of
food and beverages, to the extent that the proceeds of the
service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
(16) Petroleum products sold to a purchaser if the
seller is prohibited by federal law from charging tax to the
purchaser.
(17) Tangible personal property sold to a common carrier
by rail that receives the physical possession of the property
in Illinois and that transports the property, or shares with
another common carrier in the transportation of the property,
out of Illinois on a standard uniform bill of lading showing
the seller of the property as the shipper or consignor of the
property to a destination outside Illinois, for use outside
Illinois.
(18) Legal tender, currency, medallions, or gold or
silver coinage issued by the State of Illinois, the
government of the United States of America, or the government
of any foreign country, and bullion.
(19) Oil field exploration, drilling, and production
equipment, including (i) rigs and parts of rigs, rotary rigs,
cable tool rigs, and workover rigs, (ii) pipe and tubular
goods, including casing and drill strings, (iii) pumps and
pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(20) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including
that manufactured on special order, certified by the
purchaser to be used primarily for photoprocessing, and
including photoprocessing machinery and equipment purchased
for lease.
(21) Coal exploration, mining, offhighway hauling,
processing, maintenance, and reclamation equipment, including
replacement parts and equipment, and including equipment
purchased for lease, but excluding motor vehicles required to
be registered under the Illinois Vehicle Code.
(22) Fuel and petroleum products sold to or used by an
air carrier, certified by the carrier to be used for
consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight destined for
or returning from a location or locations outside the United
States without regard to previous or subsequent domestic
stopovers.
(23) A transaction in which the purchase order is
received by a florist who is located outside Illinois, but
who has a florist located in Illinois deliver the property to
the purchaser or the purchaser's donee in Illinois.
(24) Fuel consumed or used in the operation of ships,
barges, or vessels that are used primarily in or for the
transportation of property or the conveyance of persons for
hire on rivers bordering on this State if the fuel is
delivered by the seller to the purchaser's barge, ship, or
vessel while it is afloat upon that bordering river.
(25) A motor vehicle sold in this State to a nonresident
even though the motor vehicle is delivered to the nonresident
in this State, if the motor vehicle is not to be titled in
this State, and if a driveaway decal permit is issued to the
motor vehicle as provided in Section 3-603 of the Illinois
Vehicle Code or if the nonresident purchaser has vehicle
registration plates to transfer to the motor vehicle upon
returning to his or her home state. The issuance of the
driveaway decal permit or having the out-of-state
registration plates to be transferred is prima facie evidence
that the motor vehicle will not be titled in this State.
(26) Semen used for artificial insemination of livestock
for direct agricultural production.
(27) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
(28) Computers and communications equipment utilized
for any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients sold to a lessor
who leases the equipment, under a lease of one year or longer
executed or in effect at the time of the purchase, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
this Act.
(29) Personal property sold to a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time of the purchase, to a governmental body
that has been issued an active tax exemption identification
number by the Department under Section 1g of this Act.
(30) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated
for disaster relief to be used in a State or federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to
a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption
identification number by the Department that assists victims
of the disaster who reside within the declared disaster area.
(31) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in
the performance of infrastructure repairs in this State,
including but not limited to municipal roads and streets,
access roads, bridges, sidewalks, waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois when such repairs are initiated on facilities
located in the declared disaster area within 6 months after
the disaster.
(Source: P.A. 88-337; 88-480; 88-547; 88-670, eff. 12-2-94;
89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626,
eff. 8-9-96; revised 8-21-96.)
Section 2-95. The Property Tax Code is amended by
changing Sections 15-172 and 15-180 and setting forth and
renumbering multiple versions of Section 18-183 as follows:
(35 ILCS 200/15-172)
Sec. 15-172. Senior Citizens Assessment Freeze Homestead
Exemption.
(a) This Section may be cited as the Senior Citizens
Assessment Freeze Homestead Exemption.
(b) As used in this Section:
"Applicant" means an individual who has filed an
application under this Section.
"Base amount" means the base year equalized assessed
value of the residence plus the first year's equalized
assessed value of any added improvements which increased the
assessed value of the residence after the base year.
"Base year" means the taxable year prior to the taxable
year for which the applicant first qualifies and applies for
the exemption provided that in the prior taxable year the
property was improved with a permanent structure that was
occupied as a residence by the applicant who was liable for
paying real property taxes on the property and who was either
(i) an owner of record of the property or had legal or
equitable interest in the property as evidenced by a written
instrument or (ii) had a legal or equitable interest as a
lessee in the parcel of property that was single family
residence.
"Chief County Assessment Officer" means the County
Assessor or Supervisor of Assessments of the county in which
the property is located.
"Equalized assessed value" means the assessed value as
equalized by the Illinois Department of Revenue.
"Household" means the applicant, the spouse of the
applicant, and all persons using the residence of the
applicant as their principal place of residence.
"Household income" means the combined income of the
members of a household for the calendar year preceding the
taxable year.
"Income" has the same meaning as provided in Section 3.07
of the Senior Citizens and Disabled Persons Property Tax
Relief and Pharmaceutical Assistance Act.
"Internal Revenue Code of 1986" means the United States
Internal Revenue Code of 1986 or any successor law or laws
relating to federal income taxes in effect for the year
preceding the taxable year.
"Life care facility that qualifies as a cooperative"
means a facility as defined in Section 2 of the Life Care
Facilities Act.
"Residence" means the principal dwelling place and
appurtenant structures used for residential purposes in this
State occupied on January 1 of the taxable year by a
household and so much of the surrounding land, constituting
the parcel upon which the dwelling place is situated, as is
used for residential purposes. If the Chief County Assessment
Officer has established a specific legal description for a
portion of property constituting the residence, then that
portion of property shall be deemed the residence for the
purposes of this Section.
"Taxable year" means the calendar year during which ad
valorem property taxes payable in the next succeeding year
are levied.
(c) Beginning in taxable year 1994, a senior citizens
assessment freeze homestead exemption is granted for real
property that is improved with a permanent structure that is
occupied as a residence by an applicant who (i) is 65 years
of age or older during the taxable year, (ii) has a household
income of $35,000 or less, (iii) is liable for paying real
property taxes on the property, and (iv) is an owner of
record of the property or has a legal or equitable interest
in the property as evidenced by a written instrument. This
homestead exemption shall also apply to a leasehold interest
in a parcel of property improved with a permanent structure
that is a single family residence that is occupied as a
residence by a person who (i) is 65 years of age or older
during the taxable year, (ii) has a household income of
$35,000 or less, (iii) has a legal or equitable ownership
interest in the property as lessee, and (iv) is liable for
the payment of real property taxes on that property.
The amount of this exemption shall be the equalized
assessed value of the residence in the taxable year for which
application is made minus the base amount.
When the applicant is a surviving spouse of an applicant
for a prior year for the same residence for which an
exemption under this Section has been granted, the base year
and base amount for that residence are the same as for the
applicant for the prior year.
Each year at the time the assessment books are certified
to the County Clerk, the Board of Review or Board of Appeals
shall give to the County Clerk a list of the assessed values
of improvements on each parcel qualifying for this exemption
that were added after the base year for this parcel and that
increased the assessed value of the property.
In the case of land improved with an apartment building
owned and operated as a cooperative or a building that is a
life care facility that qualifies as a cooperative, the
maximum reduction from the equalized assessed value of the
property is limited to the sum of the reductions calculated
for each unit occupied as a residence by a person or persons
65 years of age or older with a household income of $35,000
or less who is liable, by contract with the owner or owners
of record, for paying real property taxes on the property and
who is an owner of record of a legal or equitable interest in
the cooperative apartment building, other than a leasehold
interest. In the instance of a cooperative where a homestead
exemption has been granted under this Section, the
cooperative association or its management firm shall credit
the savings resulting from that exemption only to the
apportioned tax liability of the owner who qualified for the
exemption. Any person who willfully refuses to credit that
savings to an owner who qualifies for the exemption is guilty
of a Class B misdemeanor.
When a homestead exemption has been granted under this
Section and an applicant then becomes a resident of a
facility licensed under the Nursing Home Care Act, the
exemption shall be granted in subsequent years so long as the
residence (i) continues to be occupied by the qualified
applicant's spouse or (ii) if remaining unoccupied, is still
owned by the qualified applicant for the homestead exemption.
Beginning January 1, 1997, when an individual dies who
would have qualified for an exemption under this Section, and
the surviving spouse does not independently qualify for this
exemption because of age, the exemption under this Section
shall be granted to the surviving spouse for the taxable year
preceding and the taxable year of the death, provided that,
except for age, the surviving spouse meets all other
qualifications for the granting of this exemption for those
years.
When married persons maintain separate residences, the
exemption provided for in this Section may be claimed by only
one of such persons and for only one residence.
For taxable year 1994 only, in counties having less than
3,000,000 inhabitants, to receive the exemption, a person
shall submit an application by February 15, 1995 to the Chief
County Assessment Officer of the county in which the property
is located. In counties having 3,000,000 or more
inhabitants, for taxable year 1994 and all subsequent taxable
years, to receive the exemption, a person may submit an
application to the Chief County Assessment Officer of the
county in which the property is located during such period as
may be specified by the Chief County Assessment Officer. The
Chief County Assessment Officer in counties of 3,000,000 or
more inhabitants shall annually give notice of the
application period by mail or by publication. In counties
having less than 3,000,000 inhabitants, beginning with
taxable year 1995 and thereafter, to receive the exemption, a
person shall submit an application by July 1 of each taxable
year to the Chief County Assessment Officer of the county in
which the property is located. A county may, by ordinance,
establish a date for submission of applications that is
earlier than July 1, but in no event shall a county establish
a date for submission of applications that is later than July
1. The applicant shall submit with the application an
affidavit of the applicant's total household income, age,
marital status (and if married the name and address of the
applicant's spouse, if known), and principal dwelling place
of members of the household on January 1 of the taxable year.
The Department shall establish, by rule, a method for
verifying the accuracy of affidavits filed by applicants
under this Section. The applications shall be clearly marked
as applications for the Senior Citizens Assessment Freeze
Homestead Exemption.
In counties having less than 3,000,000 inhabitants, if an
applicant was denied an exemption in taxable year 1994 and
the denial occurred due to an error on the part of an
assessment official, or his or her agent or employee, then
beginning in taxable year 1997 the applicant's base year, for
purposes of determining the amount of the exemption, shall be
1993 rather than 1994. In addition, in taxable year 1997, the
applicant's exemption shall also include an amount equal to
(i) the amount of any exemption denied to the applicant in
taxable year 1995 as a result of using 1994, rather than
1993, as the base year, (ii) the amount of any exemption
denied to the applicant in taxable year 1996 as a result of
using 1994, rather than 1993, as the base year, and (iii) the
amount of the exemption erroneously denied for taxable year
1994.
For purposes of this Section, a person who will be 65
years of age during the current taxable year shall be
eligible to apply for the homestead exemption during that
taxable year. Application shall be made during the
application period in effect for the county of his or her
residence.
The Chief County Assessment Officer may determine the
eligibility of a life care facility that qualifies as a
cooperative to receive the benefits provided by this Section
by use of an affidavit, application, visual inspection,
questionnaire, or other reasonable method in order to insure
that the tax savings resulting from the exemption are
credited by the management firm to the apportioned tax
liability of each qualifying resident. The Chief County
Assessment Officer may request reasonable proof that the
management firm has so credited that exemption.
Except as provided in this Section, all information
received by the chief county assessment officer or the
Department from applications filed under this Section, or
from any investigation conducted under the provisions of this
Section, shall be confidential, except for official purposes
or pursuant to official procedures for collection of any
State or local tax or enforcement of any civil or criminal
penalty or sanction imposed by this Act or by any statute or
ordinance imposing a State or local tax. Any person who
divulges any such information in any manner, except in
accordance with a proper judicial order, is guilty of a Class
A misdemeanor.
Nothing contained in this Section shall prevent the
Director or chief county assessment officer from publishing
or making available reasonable statistics concerning the
operation of the exemption contained in this Section in which
the contents of claims are grouped into aggregates in such a
way that information contained in any individual claim shall
not be disclosed.
(Source: P.A. 88-669, eff. 11-29-94; 88-682, eff. 1-13-95;
89-62, eff. 1-1-96; 89-426, eff. 6-1-96; 89-557, eff. 1-1-97;
89-581, eff. 1-1-97; 89-626, eff. 8-9-96; revised 9-3-96.)
(35 ILCS 200/15-180)
Sec. 15-180. Homestead improvements. Homestead
properties that have been improved and residential structures
on homestead property that have been rebuilt following a
catastrophic event are entitled to a homestead improvement
exemption, limited to $30,000 per year in fair cash value,
when that property is owned and used exclusively for a
residential purpose and upon demonstration that a proposed
increase in assessed value is attributable solely to a new
improvement of an existing structure or the rebuilding of a
residential structure following a catastrophic event. To be
eligible for an exemption under this Section after a
catastrophic event, the residential structure must be rebuilt
within 2 years after the catastrophic event. The exemption
for rebuilt structures under this Section applies to the
increase in value of the rebuilt structure over the value of
the structure before the catastrophic event. The amount of
the exemption shall be limited to the fair cash value added
by the new improvement or rebuilding and shall continue for 4
years from the date the improvement or rebuilding is
completed and occupied, or until the next following general
assessment of that property, whichever is later.
A proclamation of disaster by the President of the United
States or Governor of the State of Illinois is not a
prerequisite to the classification of an occurrence as a
catastrophic event under this Section. A "catastrophic
event" may include an occurrence of widespread or severe
damage or loss of property resulting from any catastrophic
cause including but not limited to fire, including arson
(provided the fire was not caused by the willful action of an
owner or resident of the property), flood, earthquake, wind,
storm, explosion, or extended periods of severe inclement
weather. In the case of a residential structure affected by
flooding, the structure shall not be eligible for this
homestead improvement exemption unless it is located within a
local jurisdiction which is participating in the National
Flood Insurance Program.
In counties of less than 3,000,000 inhabitants, in
addition to the notice requirement under Section 12-30, a
supervisor of assessments, county assessor, or township or
multi-township assessor responsible for adding an assessable
improvement to a residential property's assessment shall
either notify a taxpayer whose assessment has been changed
since the last preceding assessment that he or she may be
eligible for the exemption provided under this Section or
shall grant the exemption automatically.
(Source: P.A. 88-455; 89-595, eff. 1-1-97; 89-690, eff.
6-1-97; revised 1-15-97)
(35 ILCS 200/18-183)
Sec. 18-183. Cancellation and repayment of tax benefits.
Beginning with tax year 1996, if any taxing district enters
into an agreement that explicitly sets forth the terms and
length of a contract and thereby grants a tax abatement or
other tax benefit under Sections 18-165 through 18-180 of
this Code, under the Economic Development Area Tax Increment
Allocation Act, the County Economic Development Project Area
Tax Increment Allocation Act of 1991, the Tax Increment
Allocation Redevelopment Act, the Industrial Jobs Recovery
Law, the Economic Development Project Area Tax Increment
Allocation Act of 1995, or under any other statutory or
constitutional authority implemented under the Property Tax
Code to a private individual or entity for the purpose of
originating, locating, maintaining, rehabilitating, or
expanding a business facility within the taxing district and
the individual or entity relocates the entire facility from
the taxing district in violation of the terms and length of
the contract explicitly set forth in the agreement, the
abatement or other tax benefit for the remainder of the term
is cancelled and the amount of the abatements or other tax
benefits granted before cancellation shall be repaid to the
taxing district within 30 days. This Section may be waived
by the mutual agreement of the individual or entity and the
taxing district.
(Source: P.A. 89-591, eff. 8-1-96; revised 8-15-96.)
(35 ILCS 200/18-184)
Sec. 18-184. 18-183. Abatement; annexation agreement.
Upon a majority vote of its governing authority, any
municipality may, after the determination of the assessed
valuation of its property, order the county clerk to abate
any portion of its taxes on any property that is the subject
of an annexation agreement between the municipality and the
property owner.
(Source: P.A. 89-537, eff. 1-1-97; revised 8-15-96.)
Section 2-100. The Illinois Pension Code is amended by
changing Section 16-106 as follows:
(40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
Sec. 16-106. Teacher. "Teacher": The following
individuals, provided that, for employment prior to July 1,
1990, they are employed on a full-time basis, or if not
full-time, on a permanent and continuous basis in a position
in which services are expected to be rendered for at least
one school term:
(1) Any educational, administrative, professional
or other staff employed in the public common schools
included within this system in a position requiring
certification under the law governing the certification
of teachers;
(2) Any educational, administrative, professional
or other staff employed in any facility of the Department
of Children and Family Services or the Department of
Human Services, in a position requiring certification
under the law governing the certification of teachers,
and any person who (i) works in such a position for the
Department of Corrections, (ii) was a member of this
System on May 31, 1987, and (iii) did not elect to become
a member of the State Employees' Retirement System
pursuant to Section 14-108.2 of this Code;
(3) Any regional superintendent of schools,
assistant regional superintendent of schools, State
Superintendent of Education; any person employed by the
State Board of Education as an executive; any executive
of the boards engaged in the service of public common
school education in school districts covered under this
system of which the State Superintendent of Education is
an ex-officio member;
(4) Any employee of a school board association
operating in compliance with Article 23 of the School
Code who is certificated under the law governing the
certification of teachers;
(5) Any person employed by the retirement system as
an executive, and any person employed by the retirement
system who is certificated under the law governing the
certification of teachers;
(6) Any educational, administrative, professional
or other staff employed by and under the supervision and
control of a regional superintendent of schools, provided
such employment position requires the person to be
certificated under the law governing the certification of
teachers and is in an educational program serving 2 or
more districts in accordance with a joint agreement
authorized by the School Code or by federal legislation;
(7) Any educational, administrative, professional
or other staff employed in an educational program
serving 2 or more school districts in accordance with a
joint agreement authorized by the School Code or by
federal legislation and in a position requiring
certification under the laws governing the certification
of teachers;
(8) Any officer or employee of a statewide teacher
organization who is certified under the law governing
certification of teachers, provided: (i) the individual
had previously established creditable service under this
Article, (ii) the individual files with the system, on or
before January 1, 1990, an irrevocable election to become
a member, and (iii) the individual does not receive
credit for such service under any other Article of this
Code;
(9) Any educational, administrative, professional,
or other staff employed in a charter school operating in
compliance with the Charter Schools Law who is
certificated under the law governing the certification of
teachers.
An annuitant receiving a retirement annuity under this
Article or under Article 17 of this Code who is temporarily
employed by a board of education or other employer not
exceeding that permitted under Section 16-118 is not a
"teacher" for purposes of this Article. A person who has
received a single-sum retirement benefit under Section
16-136.4 of this Article is not a "teacher" for purposes of
this Article.
(Source: P.A. 89-450, eff. 4-10-96; 89-507, eff. 7-1-97;
revised 10-3-96.)
Section 2-105. The Counties Code is amended by setting
forth, changing, and renumbering multiple versions of
Sections 5-1069.5 and 5-1121 as follows:
(55 ILCS 5/5-1069.2)
Sec. 5-1069.2. 5-1069.5. Post-parturition care. If a
county, including a home rule county, is a self-insurer for
purposes of providing health insurance coverage for its
employees, the coverage shall include coverage for the
post-parturition care benefits required to be covered by a
policy of accident and health insurance under Section 356s
356r of the Illinois Insurance Code. The requirement that
post-parturition care be covered as provided in this Section
is an exclusive power and function of the State and is a
denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution. A home rule
county to which this Section applies must comply with every
provision of this Section.
(Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
(55 ILCS 5/5-1069.5)
Sec. 5-1069.5. Woman's health care provider. All
counties, including home rule counties, are subject to the
provisions of Section 356r of the Illinois Insurance Code.
The requirement under this Section that health care benefits
provided by counties comply with Section 356r of the Illinois
Insurance Code is an exclusive power and function of the
State and is a denial and limitation of home rule county
powers under Article VII, Section 6, subsection (h) of the
Illinois Constitution.
(Source: P.A. 89-514, eff. 7-17-96; revised 7-24-96.)
(55 ILCS 5/5-1121)
Sec. 5-1121. Demolition, repair, or enclosure.
(a) The county board of each county may demolish,
repair, or enclose or cause the demolition, repair, or
enclosure of dangerous and unsafe buildings or uncompleted
and abandoned buildings within the territory of the county,
but not within the territory of any municipality, and may
remove or cause the removal of garbage, debris, and other
hazardous, noxious, or unhealthy substances or materials from
those buildings.
The county board shall apply to the circuit court of the
county in which the building is located (i) for an order
authorizing action to be taken with respect to a building if
the owner or owners of the building, including the lien
holders of record, after at least 15 days' written notice by
mail to do so, have failed to put the building in a safe
condition or to demolish it or (ii) for an order requiring
the owner or owners of record to demolish, repair, or enclose
the building or to remove garbage, debris, and other
hazardous, noxious, or unhealthy substances or materials from
the building. It is not a defense to the cause of action
that the building is boarded up or otherwise enclosed,
although the court may order the defendant to have the
building boarded up or otherwise enclosed. Where, upon
diligent search, the identity or whereabouts of the owner or
owners of the building, including the lien holders of record,
is not ascertainable, notice mailed to the person or persons
in whose name the real estate was last assessed is sufficient
notice under this Section.
The hearing upon the application to the circuit court
shall be expedited by the court and shall be given precedence
over all other suits.
The cost of the demolition, repair, enclosure, or removal
incurred by the county, by an intervenor, or by a lien holder
of record, including court costs, attorney's fees, and other
costs related to the enforcement of this Section, is
recoverable from the owner or owners of the real estate or
the previous owner or both if the property was transferred
during the 15 day notice period and is a lien on the real
estate; the lien is superior to all prior existing liens and
encumbrances, except taxes, if, within 180 days after the
repair, demolition, enclosure, or removal, the county, the
lien holder of record, or the intervenor who incurred the
cost and expense shall file a notice of lien for the cost and
expense incurred in the office of the recorder in the county
in which the real estate is located or in the office of the
registrar of titles of the county if the real estate affected
is registered under the Registered Titles (Torrens) Act.
The notice must consist of a sworn statement setting out
(1) a description of the real estate sufficient for its
identification, (2) the amount of money representing the cost
and expense incurred, and (3) the date or dates when the cost
and expense was incurred by the county, the lien holder of
record, or the intervenor. Upon payment of the cost and
expense by the owner of or persons interested in the property
after the notice of lien has been filed, the lien shall be
released by the county, the person in whose name the lien has
been filed, or the assignee of the lien, and the release may
be filed of record as in the case of filing notice of lien.
Unless the lien is enforced under subsection (b), the lien
may be enforced by foreclosure proceedings as in the case of
mortgage foreclosures under Article XV of the Code of Civil
Procedure or mechanics' lien foreclosures. An action to
foreclose this lien may be commenced at any time after the
date of filing of the notice of lien. The costs of
foreclosure incurred by the county, including court costs,
reasonable attorney's fees, advances to preserve the
property, and other costs related to the enforcement of this
subsection, plus statutory interest, are a lien on the real
estate and are recoverable by the county from the owner or
owners of the real estate.
All liens arising under this subsection (a) shall be
assignable. The assignee of the lien shall have the same
power to enforce the lien as the assigning party, except that
the lien may not be enforced under subsection (b).
If the appropriate official of any county determines that
any dangerous and unsafe building or uncompleted and
abandoned building within its territory fulfills the
requirements for an action by the county under the Abandoned
Housing Rehabilitation Act, the county may petition under
that Act in a proceeding brought under this subsection.
(b) In any case where a county has obtained a lien under
subsection (a), the county may enforce the lien under this
subsection (b) in the same proceeding in which the lien is
authorized.
A county desiring to enforce a lien under this subsection
(b) shall petition the court to retain jurisdiction for
foreclosure proceedings under this subsection. Notice of the
petition shall be served, by certified or registered mail, on
all persons who were served notice under subsection (a). The
court shall conduct a hearing on the petition not less than
15 days after the notice is served. If the court determines
that the requirements of this subsection (b) have been
satisfied, it shall grant the petition and retain
jurisdiction over the matter until the foreclosure proceeding
is completed. The costs of foreclosure incurred by the
county, including court costs, reasonable attorneys' fees,
advances to preserve the property, and other costs related to
the enforcement of this subsection, plus statutory interest,
are a lien on the real estate and are recoverable by the
county from the owner or owners of the real estate. If the
court denies the petition, the county may enforce the lien in
a separate action as provided in subsection (a).
All persons designated in Section 15-1501 of the Code of
Civil Procedure as necessary parties in a mortgage
foreclosure action shall be joined as parties before issuance
of an order of foreclosure. Persons designated in Section
15-1501 of the Code of Civil Procedure as permissible parties
may also be joined as parties in the action.
The provisions of Article XV of the Code of Civil
Procedure applicable to mortgage foreclosures shall apply to
the foreclosure of a lien under this subsection (b), except
to the extent that those provisions are inconsistent with
this subsection. For purposes of foreclosures of liens
under this subsection, however, the redemption period
described in subsection (b) of Section 15-1603 of the Code of
Civil Procedure shall end 60 days after the date of entry of
the order of foreclosure.
(c) In addition to any other remedy provided by law, the
county board of any county may petition the circuit court to
have property declared abandoned under this subsection (c)
if:
(1) the property has been tax delinquent for 2 or
more years or bills for water service for the property
have been outstanding for 2 or more years;
(2) the property is unoccupied by persons legally
in possession; and
(3) the property contains a dangerous or unsafe
building.
All persons having an interest of record in the property,
including tax purchasers and beneficial owners of any
Illinois land trust having title to the property, shall be
named as defendants in the petition and shall be served with
process. In addition, service shall be had under Section
2-206 of the Code of Civil Procedure as in other cases
affecting property.
The county, however, may proceed under this subsection in
a proceeding brought under subsection (a). Notice of the
petition shall be served by certified or registered mail on
all persons who were served notice under subsection (a).
If the county proves that the conditions described in
this subsection exist and the owner of record of the property
does not enter an appearance in the action, or, if title to
the property is held by an Illinois land trust, if neither
the owner of record nor the owner of the beneficial interest
of the trust enters an appearance, the court shall declare
the property abandoned.
If that determination is made, notice shall be sent by
certified or registered mail to all persons having an
interest of record in the property, including tax purchasers
and beneficial owners of any Illinois land trust having title
to the property, stating that title to the property will be
transferred to the county unless, within 30 days of the
notice, the owner of record enters an appearance in the
action, or unless any other person having an interest in the
property files with the court a request to demolish the
dangerous or unsafe building or to put the building in safe
condition.
If the owner of record enters an appearance in the action
within the 30 day period, the court shall vacate its order
declaring the property abandoned. In that case, the county
may amend its complaint in order to initiate proceedings
under subsection (a).
If a request to demolish or repair the building is filed
within the 30 day period, the court shall grant permission to
the requesting party to demolish the building within 30 days
or to restore the building to safe condition within 60 days
after the request is granted. An extension of that period
for up to 60 additional days may be given for good cause. If
more than one person with an interest in the property files a
timely request, preference shall be given to the person with
the lien or other interest of the highest priority.
If the requesting party proves to the court that the
building has been demolished or put in a safe condition
within the period of time granted by the court, the court
shall issue a quitclaim judicial deed for the property to the
requesting party, conveying only the interest of the owner of
record, upon proof of payment to the county of all costs
incurred by the county in connection with the action,
including but not limited to court costs, attorney's fees,
administrative costs, the costs, if any, associated with
building enclosure or removal, and receiver's certificates.
The interest in the property so conveyed shall be subject to
all liens and encumbrances on the property. In addition, if
the interest is conveyed to a person holding a certificate of
purchase for the property under the Property Tax Code, the
conveyance shall be subject to the rights of redemption of
all persons entitled to redeem under that Act, including the
original owner of record.
If no person with an interest in the property files a
timely request or if the requesting party fails to demolish
the building or put the building in safe condition within the
time specified by the court, the county may petition the
court to issue a judicial deed for the property to the
county. A conveyance by judicial deed shall operate to
extinguish all existing ownership interests in, liens on, and
other interest in the property, including tax liens.
(d) Each county may use the provisions of this
subsection to expedite the removal of certain buildings that
are a continuing hazard to the community in which they are
located.
If a residential building is 2 stories or less in height
as defined by the county's building code, and the official
designated to be in charge of enforcing the county's building
code determines that the building is open and vacant and an
immediate and continuing hazard to the community in which the
building is located, then the official shall be authorized to
post a notice not less than 2 feet by 2 feet in size on the
front of the building. The notice shall be dated as of the
date of the posting and shall state that unless the building
is demolished, repaired, or enclosed, and unless any garbage,
debris, and other hazardous, noxious, or unhealthy substances
or materials are removed so that an immediate and continuing
hazard to the community no longer exists, then the building
may be demolished, repaired, or enclosed, or any garbage,
debris, and other hazardous, noxious, or unhealthy substances
or materials may be removed, by the county.
Not later than 30 days following the posting of the
notice, the county shall do both of the following:
(1) Cause to be sent, by certified mail, return
receipt requested, a notice to all owners of record of
the property, the beneficial owners of any Illinois land
trust having title to the property, and all lienholders
of record in the property, stating the intent of the
county to demolish, repair, or enclose the building or
remove any garbage, debris, or other hazardous, noxious,
or unhealthy substances or materials if that action is
not taken by the owner or owners.
(2) Cause to be published, in a newspaper published
or circulated in the county where the building is
located, a notice setting forth (i) the permanent tax
index number and the address of the building, (ii) a
statement that the property is open and vacant and
constitutes an immediate and continuing hazard to the
community, and (iii) a statement that the county intends
to demolish, repair, or enclose the building or remove
any garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials if the owner or owners
or lienholders of record fail to do so. This notice
shall be published for 3 consecutive days.
A person objecting to the proposed actions of the county
board may file his or her objection in an appropriate form in
a court of competent jurisdiction.
If the building is not demolished, repaired, or enclosed,
or the garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials are not removed, within 30
days of mailing the notice to the owners of record, the
beneficial owners of any Illinois land trust having title to
the property, and all lienholders of record in the property,
or within 30 days of the last day of publication of the
notice, whichever is later, the county board shall have the
power to demolish, repair, or enclose the building or to
remove any garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials.
The county may proceed to demolish, repair, or enclose a
building or remove any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials under this
subsection within a 120-day period following the date of the
mailing of the notice if the appropriate official determines
that the demolition, repair, enclosure, or removal of any
garbage, debris, or other hazardous, noxious, or unhealthy
substances or materials is necessary to remedy the immediate
and continuing hazard. If, however, before the county
proceeds with any of the actions authorized by this
subsection, any person has sought a hearing under this
subsection before a court and has served a copy of the
complaint on the chief executive officer of the county, then
the county shall not proceed with the demolition, repair,
enclosure, or removal of garbage, debris, or other substances
until the court determines that that action is necessary to
remedy the hazard and issues an order authorizing the county
to do so.
Following the demolition, repair, or enclosure of a
building, or the removal of garbage, debris, or other
hazardous, noxious, or unhealthy substances or materials
under this subsection, the county may file a notice of lien
against the real estate for the cost of the demolition,
repair, enclosure, or removal within 180 days after the
repair, demolition, enclosure, or removal occurred, for the
cost and expense incurred, in the office of the recorder in
the county in which the real estate is located or in the
office of the registrar of titles of the county if the real
estate affected is registered under the Registered Titles
(Torrens) Act. The notice of lien shall consist of a sworn
statement setting forth (i) a description of the real estate,
such as the address or other description of the property,
sufficient for its identification; (ii) the expenses incurred
by the county in undertaking the remedial actions authorized
under this subsection; (iii) the date or dates the expenses
were incurred by the county; (iv) a statement by the official
responsible for enforcing the building code that the building
was open and vacant and constituted an immediate and
continuing hazard to the community; (v) a statement by the
official that the required sign was posted on the building,
that notice was sent by certified mail to the owners of
record, and that notice was published in accordance with this
subsection; and (vi) a statement as to when and where the
notice was published. The lien authorized by this subsection
may thereafter be released or enforced by the county as
provided in subsection (a).
(Source: P.A. 89-585, eff. 1-1-97; revised 8-15-96.)
(55 ILCS 5/5-1123)
Sec. 5-1123. 5-1121. Builder or developer cash bond.
(a) A county may not require a cash bond from a builder
or developer to guarantee completion of a project improvement
when the builder or developer has filed a current,
irrevocable letter of credit with good and sufficient
sureties with the county clerk in an amount equal to or
greater than 110% of the amount of the bid on each project
improvement. A builder or developer may elect to utilize an
irrevocable letter of credit to satisfy any cash bond
requirement established by a county.
(b) If a county receives a cash bond from a builder or
developer to guarantee completion of a project improvement,
the county shall (i) register the bond under the address of
the project and the construction permit number and (ii) give
the builder or developer a receipt for the bond. The county
shall establish and maintain a separate account for all cash
bonds received from builders and developers to guarantee
completion of a project improvement.
(c) The county shall refund a cash bond to a builder or
developer within 60 days after the builder or developer
notifies the county in writing of the completion of the
project improvement for which the bond was required. For
these purposes, "completion" means that the county has
determined that the project improvement for which the bond
was required is complete or a licensed engineer or licensed
architect has certified to the builder or developer and the
county that the project improvement has been completed to the
applicable codes and ordinances. The county shall pay
interest to the builder or developer, beginning 60 days after
the builder or developer notifies the county in writing of
the completion of the project improvement, on any bond not
refunded to a builder or developer, at the rate of 1% per
month.
(d) A home rule county may not require or maintain cash
bonds from builders or developers in a manner inconsistent
with this Section. This Section is a denial and limitation
under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by a home
rule county of powers and functions exercised by the State.
(Source: P.A. 89-518, eff. 1-1-97; revised 8-15-96.)
Section 2-110. The County Care for Persons with
Developmental Disabilities Act is amended by changing Section
13 as follows:
(55 ILCS 105/13) (from Ch. 91 1/2, par. 213)
Sec. 13. The Department of Human Services shall adopt
general rules for the guidance of any board of directors,
prescribing reasonable standards in regard to program,
facilities and services for residents with a developmental
disability.
The provisions of the Illinois Administrative Procedure
Act are hereby expressly adopted and shall apply to all
administrative rules and procedures of the Department under
this Act, except that in case of conflict between the
Illinois Administrative Procedure Act and this Act the
provisions of this Act shall control, and except that Section
5-35 of the Illinois Administrative Procedure Act relating to
procedures for rule-making does not apply to the adoption of
any rule required by federal law in connection with which the
Department is precluded by law from exercising any
discretion.
The Department of Human Services may conduct such
investigation as may be necessary to ascertain compliance
with rules adopted pursuant to this Act.
If any such board of directors fails to comply with such
rules, the Department of Human Services shall withhold
distribution of any State grant in aid until such time as
such board complies with such rules.
(Source: P.A. 88-45; 88-380; 88-388; 89-507, eff. 7-1-97;
89-585, eff. 1-1-97; revised 9-9-96.)
Section 2-115. The Illinois Municipal Code is amended by
changing Sections 7-1-1 and 11-15.1-2 and setting forth,
changing, and renumbering multiple versions of Section
10-4-2.5 as follows:
(65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
Sec. 7-1-1. Annexation of contiguous territory. Any
territory that is not within the corporate limits of any
municipality but is contiguous to a municipality may be
annexed to the municipality as provided in this Article. For
the purposes of this Article any territory to be annexed to a
municipality shall be considered to be contiguous to the
municipality notwithstanding that the territory is separated
from the municipality by a railroad or public utility
right-of-way, but upon annexation the area included within
that right-of-way shall not be considered to be annexed to
the municipality.
Except in counties with a population of more than 500,000
but less than 3,000,000, territory which is not contiguous to
a municipality but is separated therefrom only by a forest
preserve district may be annexed to the municipality pursuant
to Sections 7-1-7 or 7-1-8, but the territory included within
such forest preserve district shall not be annexed to the
municipality nor shall the territory of the forest preserve
district be subject to rights-of-way for access or services
between the parts of the municipality separated by the forest
preserve district without the consent of the governing body
of the forest preserve district.
In counties that are contiguous to the Mississippi River
with populations of more than 200,000 but less than 255,000,
a municipality that is partially located in territory that is
wholly surrounded by the Mississippi River and a canal,
connected at both ends to the Mississippi River and located
on property owned by the United States of America, may annex
noncontiguous territory in the surrounded territory under
Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
separated from the municipality by property owned by the
United States of America, but that federal property shall not
be annexed without the consent of the federal government.
When any land proposed to be annexed is part of any Fire
Protection District or of any Public Library District and the
annexing municipality provides fire protection or a public
library, as the case may be, the Trustees of each District
shall be notified in writing by certified or registered mail
before any court hearing or other action is taken for
annexation. The notice shall be served 10 days in advance.
An affidavit that service of notice has been had as provided
by this Section must be filed with the clerk of the court in
which the annexation proceedings are pending or will be
instituted or, when no court proceedings are involved, with
the recorder for the county where the land is situated. No
annexation of that land is effective unless service is had
and the affidavit filed as provided in this Section.
The new boundary shall extend to the far side of any
adjacent highway and shall include all of every highway
within the area annexed. These highways shall be considered
to be annexed even though not included in the legal
description set forth in the petition for annexation. When
any land proposed to be annexed includes any highway under
the jurisdiction of any township, the Township Commissioner
of Highways and the Board of Town Trustees shall be notified
in writing by certified or registered mail before any court
hearing or other action is taken for annexation. In the event
that a municipality fails to notify the Township Commissioner
of Highways and the Board of Town Trustees of the annexation
of an area within the township, the municipality shall
reimburse that township for any loss or liability caused by
the failure to give notice. If any municipality has annexed
any area before October 1, 1975, and the legal description in
the petition for annexation did not include the entire
adjacent highway, any such annexation shall be valid and any
highway adjacent to the area annexed shall be considered to
be annexed notwithstanding the failure of the petition to
annex to include the description of the entire adjacent
highway.
Any annexation, disconnection and annexation, or
disconnection under this Article of any territory must be
reported by certified or registered mail by the corporate
authority initiating the action to the election authorities
having jurisdiction in the territory and the post office
branches serving the territory within 30 days of the
annexation, disconnection and annexation, or disconnection.
Failure to give notice to the required election
authorities or post office branches will not invalidate the
annexation or disconnection. For purposes of this Section
"election authorities" means the county clerk where the clerk
acts as the clerk of elections or the clerk of the election
commission having jurisdiction.
No annexation, disconnection and annexation, or
disconnection under this Article of territory having electors
residing therein made (1) before any primary election to be
held within the municipality affected thereby and after the
time for filing petitions as a candidate for nomination to
any office to be chosen at the primary election or (2) within
60 days before any general election to be held within the
municipality shall be effective until the day after the date
of the primary or general election, as the case may be.
For the purpose of this Section, a toll highway or
connection between parcels via an overpass bridge over a toll
highway shall not be considered a deterrent to the definition
of contiguous territory.
When territory is proposed to be annexed by court order
under this Article, the corporate authorities or petitioners
initiating the action shall notify each person who pays real
estate taxes on property within that territory unless the
person is a petitioner. The notice shall be served by
certified or registered mail, return receipt requested, at
least 20 days before a court hearing or other court action.
If the person who pays real estate taxes on the property is
not the owner of record, then the payor shall notify the
owner of record of the proposed annexation.
(Source: P.A. 89-388, eff. 1-1-96; 89-502, eff. 6-28-96;
89-666, eff. 8-14-96; revised 8-19-96.)
(65 ILCS 5/10-4-2.2)
Sec. 10-4-2.2. 10-4-2.5. Post-parturition care. If a
municipality, including a home rule municipality, is a
self-insurer for purposes of providing health insurance
coverage for its employees, the coverage shall include
coverage for the post-parturition care benefits required to
be covered by a policy of accident and health insurance under
Section 356s 356r of the Illinois Insurance Code. The
requirement that post-parturition care be covered as provided
in this Section is an exclusive power and function of the
State and is a denial and limitation under Article VII,
Section 6, subsection (h) of the Illinois Constitution. A
home rule municipality to which this Section applies must
comply with every provision of this Section.
(Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
(65 ILCS 5/10-4-2.5)
Sec. 10-4-2.5. Woman's health care provider. The
corporate authorities of all municipalities are subject to
the provisions of Section 356r of the Illinois Insurance
Code. The requirement under this Section that health care
benefits provided by municipalities comply with Section 356r
of the Illinois Insurance Code is an exclusive power and
function of the State and is a denial and limitation of home
rule municipality powers under Article VII, Section 6,
subsection (h) of the Illinois Constitution.
(Source: P.A. 89-514, eff. 7-17-96; revised 7-24-96.)
(65 ILCS 5/11-15.1-2) (from Ch. 24, par. 11-15.1-2)
Sec. 11-15.1-2. Any such agreement may provide for the
following as it relates to the land which is the subject of
the agreement:
(a) The annexation of such territory to the
municipality, subject to the provisions of Article 7.
(b) The continuation in effect, or amendment, or
continuation in effect as amended, of any ordinance relating
to subdivision controls, zoning, official plan, and building,
housing and related restrictions; provided, however, that any
public hearing required by law to be held before the adoption
of any ordinance amendment provided in such agreement shall
be held prior to the execution of the agreement, and all
ordinance amendments provided in such agreement shall be
enacted according to law.
(c) A limitation upon increases in permit fees required
by the municipality.
(d) Contributions of either land or monies, or both, to
any municipality and to other units of local government
having jurisdiction over all or part of land that is the
subject matter of any annexation agreement entered into under
the provisions of this Section shall be deemed valid when
made and shall survive the expiration date of any such
annexation agreement with respect to all or any part of the
land that was the subject matter of the annexation agreement.
(e) The granting of utility franchises for such land.
(e-5) The abatement of property taxes.
(f) Any other matter not inconsistent with the
provisions of this Code, nor forbidden by law.
Any action taken by the corporate authorities during the
period such agreement is in effect, which, if it applied to
the land which is the subject of the agreement, would be a
breach of such agreement, shall not apply to such land
without an amendment of such agreement.
After the effective term of any annexation agreement and
unless otherwise provided for within the annexation agreement
or an amendment to the annexation agreement, the provisions
of any ordinance relating to the zoning of the land that is
provided for within the agreement or an amendment to the
agreement, shall remain in effect unless modified in
accordance with law. This amendatory Act of 1995 is
declarative of existing law and shall apply to all annexation
agreements.
(Source: P.A. 89-432, eff. 6-1-96; 89-537, eff. 1-1-97;
revised 8-15-96.)
Section 2-120. The Fire Protection District Act is
amended by changing Section 4 as follows:
(70 ILCS 705/4) (from Ch. 127 1/2, par. 24)
Sec. 4. Trustees; conflict of interest; violations.
(a) A board of trustees consisting of 3 members for the
government and control of the affairs and business of a fire
protection district incorporated under this Act shall be
created in the following manner:
(1) If the district lies wholly within a single
township but does not also lie wholly within a
municipality, the board of trustees of that township
shall appoint the trustees for the district but no
township official who is eligible to vote on the
appointment shall be eligible for such appointment.
(2) If the district is wholly contained within a
municipality, the governing body of the municipality
shall appoint the trustees for the district.
(3) If the district is wholly contained within a
single county but does not lie wholly within a single
township or a single municipality, the trustees for the
district shall be appointed by the presiding officer of
the county board with the advice and consent of the
county board; except that in counties with a population
in excess of 3,000,000, 2 trustees for the district shall
be appointed by the board of trustees of the township
that has the greatest population within the district as
determined by the last preceding federal census. That
board of trustees shall also appoint the remaining
trustee if no other township comprises at least 10% of
the population of the district. If only one other
township comprises at least 10% of the population of the
district, then the board of trustees of that district
shall appoint the remaining trustee. If 2 or more other
townships each comprise at least 10% of the population of
the district, then the boards of trustees of those
townships shall jointly appoint the remaining trustee.
No township official who is eligible to vote on the
appointment shall be eligible for the appointment.
(4) If the district is located in more than one
county, the number of trustees who are residents of a
county shall be in proportion, as nearly as practicable,
to the number of residents of the district who reside in
that county in relation to the total population of the
district.
(A) In counties with a population of 3,000,000
or more, the trustees shall be appointed as provided
in paragraphs (1), (2), and (3) of subsection (a) of
this Section. For purposes of this item (A) and in
item (B), "district" means that portion of the total
fire protection district lying within a county with
a population in excess of 3,000,000.
(B) In counties with a population of less than
3,000,000, the trustees for the district shall be
appointed by the presiding officer of the county
board with the advice and consent of the county
board.
Upon the expiration of the term of a trustee who is in
office on October 1, 1975, the successor shall be a resident
of whichever county is entitled to such representation in
order to bring about the proportional representation required
herein, and he shall be appointed by the county board of that
county, or in the case of a home rule county as defined by
Article VII, Section 6 of the Constitution of 1970, the chief
executive officer of that county, with the advice and consent
of the county board.
Thereafter, each trustee shall be succeeded by a resident
of the same county who shall be appointed by the same
appointing authority; however, the provisions of the
preceding paragraph shall apply to the appointment of the
successor to each trustee who is in office at the time of the
publication of each decennial Federal census of population.
Within 60 days after the adoption of this Act as provided
in Section 1, or within 60 days after the adoption of an
ordinance pursuant to subsection (c) of Section 4.01, the
appropriate appointing authority shall appoint 3 trustees who
are electors in the district, not more than one of whom shall
be from any one city or village or incorporated town in a
district unless such city or village or incorporated town has
more than 50% of the population in the district according to
last preceding Federal census. Such trustees shall hold
their offices thenceforward and for one, 2 and 3 years from
the first Monday of May next after their appointment and
until their successors have been selected and qualified and
thereafter, unless the district has determined to elect
trustees as provided in Section 4a, on or before the second
Monday in April of each year the appointing authority shall
appoint one trustee whose term shall be for 3 years
commencing on the first Monday in May next after they are
respectively appointed. The length of term of the first
trustees shall be determined by lot at their first meeting.
Each trustee shall, before entering on the duties of his
office, enter into bond with security to be approved by the
appointing authority in such sum as the authority may
determine.
A majority of the board of trustees shall constitute a
quorum, but a smaller number may adjourn from day to day. No
trustee or employee of such district shall be directly or
indirectly interested financially in any contract work or
business or the sale of any article, the expense, price or
consideration of which is paid by the district; nor in the
purchase of any real estate or other property, belonging to
the district, or which shall be sold for taxes or assessments
or by virtue of legal process at the suit of the district.
Nothing in this Section prohibits the appointment or
selection of any person or trustee or employee whose only
interest in the district is as an owner of real estate in
such fire protection district or of contributing to the
payment of taxes levied by the district. The trustees shall
have the power to provide and adopt a corporate seal for the
district.
(b) However, any trustee may provide materials,
merchandise, property, services or labor, if:
A. the contract is with a person, firm,
partnership, association, corporation or cooperative
association in which such interested trustee has less
than a 7 1/2% share in the ownership; and
B. such interested trustee publicly discloses the
nature and extent of his interest prior to or during
deliberations concerning the proposed award of the
contract; and
C. such interested trustee abstains from voting on
the award of the contract, though he shall be considered
present for the purposes of establishing a quorum; and
D. such contract is approved by a majority vote of
those trustees presently holding office; and
E. the contract is awarded after sealed bids to the
lowest responsible bidder if the amount of the contract
exceeds $1500, but the contract may be awarded without
bidding if the amount is less than $1500; and
F. the award of the contract would not cause the
aggregate amount of all such contracts so awarded to the
same person, firm, association, partnership, corporation,
or cooperative association in the same fiscal year to
exceed $25,000.
(c) In addition to the above exemption, any trustee or
employee may provide materials, merchandise, property,
services or labor if:
A. the award of the contract is approved by a
majority vote of the board of trustees of the fire
protection district provided that any such interested
member shall abstain from voting; and
B. the amount of the contract does not exceed
$1000; and
C. the award of the contract would not cause the
aggregate amount of all such contracts so awarded to the
same person, firm, association, partnership, corporation,
or cooperative association in the same fiscal year to
exceed $2000; and
D. such interested member publicly discloses the
nature and extent of his interest prior to or during
deliberations concerning the proposed award of the
contract; and
E. such interested member abstains from voting on
the award of the contract, though he shall be considered
present for the purposes of establishing a quorum.
(d) A contract for the procurement of public utility
services by a district with a public utility company is not
barred by this Section by one or more members of the board of
trustees being an officer or employee of the public utility
company or holding an ownership interest if no more than 7
1/2% in the public utility company, or holding an ownership
interest of any size if the fire protection district has a
population of less than 7,500 and the public utility's rates
are approved by the Illinois Commerce Commission. An elected
or appointed member of the board of trustees having such an
interest shall be deemed not to have a prohibited interest
under this Section.
(e) Any officer or employee who violates this Section is
guilty of a Class 4 felony and in addition thereto any office
held by such person so convicted shall become vacant and
shall be so declared as part of the judgment of the court.
(f) Nothing contained in this Section, including the
restrictions set forth in subsections (b), (c) and (d), shall
preclude a contract of deposit of monies, loans or other
financial services by a fire protection district with a local
bank or local savings and loan association, regardless of
whether a member or members of the board of trustees of the
fire protection district are interested in such bank or
savings and loan association as an officer or employee or as
a holder of less than 7 1/2% of the total ownership interest.
A member or members holding such an interest in such a
contract shall not be deemed to be holding a prohibited
interest for purposes of this Act. Such interested member or
members of the board of trustees must publicly state the
nature and extent of their interest during deliberations
concerning the proposed award of such a contract, but shall
not participate in any further deliberations concerning the
proposed award. Such interested member or members shall not
vote on such a proposed award. Any member or members
abstaining from participation in deliberations and voting
under this Section may be considered present for purposes of
establishing a quorum. Award of such a contract shall require
approval by a majority vote of those members presently
holding office. Consideration and award of any such contract
in which a member or members are interested may only be made
at a regularly scheduled public meeting of the board of
trustees of the fire protection district.
(g) Beginning on the effective date of this amendatory
Act of 1990 and ending 3 years after the effective date of
this amendatory Act of 1990, in the case of a fire protection
district board of trustees in a county with a population of
more than 400,000 but less than 450,000, according to the
1980 general census, created under subsection (a), paragraph
(3) of this Section a petition for the redress of a trustee,
charging the trustee with palpable omission of duty or
nonfeasance in office, signed by not less than 5% of the
electors of the district may be presented to the township
supervisor or the presiding officer of the county board, as
appropriate. Upon receipt of the petition, the township
supervisor or presiding officer of the county board, as
appropriate, shall preside over a hearing on the matter of
the requested redress. The hearing shall be held not less
than 14 nor more than 30 days after receipt of the petition.
In the case of a fire protection district trustee appointed
by the presiding officer of the county board, the presiding
officer shall appoint at least 4 but not more than 8 members
of the county board, a majority of whom shall reside in a
county board district in which the fire protection district
is wholly or partially located, to serve as the hearing
panel. In the case of a fire protection district trustee
appointed by the board of town trustees, the township
supervisor and 2 other town trustees appointed by the
supervisor shall serve as the hearing panel. Within 30 days
after the hearing, the panel shall issue a statement of its
findings concerning the charges against the trustee, based
upon the evidence presented at the hearing, and may make to
the fire protection district any recommendations deemed
appropriate.
(Source: P.A. 89-482, eff. 1-1-97; 89-588, eff. 1-1-97;
revised 8-14-96.)
Section 2-125. The Park District Code is amended by
changing Section 10-7 as follows:
(70 ILCS 1205/10-7) (from Ch. 105, par. 10-7)
Sec. 10-7. Sale, lease, or exchange of realty.
(a) Any park district owning and holding any real estate
is authorized to sell or lease such property to another unit
of Illinois State or local government, or to lease upon the
terms and at the price that the board determines for a period
not to exceed 99 years to any not for profit corporation
organized under the laws of this State, in either case for
public use, and provided that the grantee or lessee covenants
to hold and maintain such property for public park or
recreational purposes or such park district obtains other
real property of substantially the same size or larger and of
substantially the same or greater suitability for park
purposes without additional cost to such district.
(b) Any park district owning or holding any real estate
is authorized to convey such property to a nongovernmental
entity in exchange for other real property of substantially
equal or greater value as determined by 2 appraisals of the
property and of substantially the same or greater suitability
for park purposes without additional cost to such district.
Prior to such exchange with a nongovernmental entity the
park board shall hold a public meeting in order to consider
the proposed conveyance. Notice of such meeting shall be
published not less than three times (the first and last
publication being not less than 10 days apart) in a newspaper
of general circulation within the park district. If there is
no such newspaper, then such notice shall be posted in not
less than 3 public places in said park district and such
notice shall not become effective until 10 days after said
publication or posting.
(c) Notwithstanding any other provision of this Act,
this subsection (c) shall apply only to any park districts
that serve district which serves territory within a
municipality having of more than 40,000 inhabitants and
within a county having of more than 260,000 inhabitants and
bordering that borders the Mississippi River. Any park
district owning or holding real estate is authorized to sell
that property to any not-for-profit corporation organized
under the laws of this State upon the condition that the
corporation uses the property for public park or recreational
programs for youth. The park district shall have the right
of re-entry for breach of condition subsequent. If the
corporation stops using the property for these purposes, the
property shall revert back to ownership of the park district.
Any temporary suspension of use caused by the construction of
improvements on the property for public park or recreational
programs for youth is not a breach of condition subsequent.
Prior to the sale of the property to a not-for-profit
corporation, the park board shall hold a public meeting to
consider the proposed sale. Notice of the meeting shall be
published not less than 3 times (the first and last
publication being not less than 10 days apart) in a newspaper
of general circulation within the park district. If there is
no such newspaper, then the notice shall be posted in not
less than 3 public places in the park district. The notice
shall be published or posted at least 10 days before the
meeting. A resolution to approve the sale of the property to
a not-for-profit corporation requires adoption by a majority
of the park board.
(d) Real estate, not subject to such covenant or which
has not been conveyed and replaced as provided in this
Section, may be conveyed in the manner provided by Sections
10-7a to 10-7d hereof, inclusive.
(e) In addition to any other power provided in this
Section, any park district owning or holding real estate that
the board deems is not required for park or recreational
purposes may lease such real estate to any individual or
entity and may collect rents therefrom. Such lease shall not
exceed 2 and one-half times the term of years provided for in
Section 8-15 governing installment purchase contracts.
(Source: P.A. 89-458, eff. 5-24-96; 89-509, eff. 7-5-96;
revised 8-23-96.)
Section 2-130. The Sanitary District Act of 1917 is
amended by changing Section 4 as follows:
(70 ILCS 2405/4) (from Ch. 42, par. 303)
Sec. 4. The trustees shall constitute a board of
trustees for the district. The board of trustees is the
corporate authority of such sanitary district, and shall
exercise all the powers and manage and control all the
affairs and property of the district. The board of trustees
immediately after their appointment and at their first
meeting in May of each year thereafter, shall elect one of
their number as president, one of their number as
vice-president, and from or outside of their membership a
clerk and an assistant clerk. In case of the death,
resignation, absence from the State, or other disability of
the president, the powers, duties and emoluments of the
office of the president shall devolve upon the
vice-president, until such disability is removed or until a
successor to the president is appointed and chosen in the
manner provided in this Act. The board may select a
treasurer, engineer and attorney for the district, and a
board of local improvements consisting of 5 members in any
sanitary district which includes one or more municipalities
with a population of over 90,000 but less than 500,000
according to the most recent Federal census and consisting of
3 members in any other district, all of whom may be trustees
or other citizens of the sanitary district. The board may
appoint such other officers and hire such employees to manage
and control the operations of the district as it deems
necessary; provided, however, that the board shall not employ
an individual as a wastewater operator whose Certificate of
Technical Competency is suspended or revoked under rules
adopted by the Pollution Control Board under item (4) of
subsection (a) of Section 13 of the Environmental Protection
Act. The board may appoint a chief administrative officer
for a term not to exceed 4 years subject to removal by the
board for cause. Appointment of the chief administrative
officer may be renewed as often as the board deems necessary.
All other persons selected by the board shall hold their
respective offices during the pleasure of the board, and all
persons selected by the board shall give such bond as may be
required by the board. The board may prescribe the duties and
fix the compensation of all the officers and employees of the
sanitary district. However, no member of the board of
trustees shall receive more than $6,000 per year.
The board of trustees has full power to pass all
necessary ordinances, rules and regulations for the proper
management and conduct of the business of the board and the
corporation, and for carrying into effect the objects for
which the sanitary district was formed. Such ordinances may
provide for a fine for each offense of not less than $100 or
more than $1,000. Each day's continuance of such violation
shall be a separate offense. Fines pursuant to this Section
are recoverable by the sanitary district in a civil action.
The sanitary district is authorized to apply to the circuit
court for injunctive relief or mandamus when, in the opinion
of the chief administrative officer, such relief is necessary
to protect the sewerage system of the sanitary district.
(Source: P.A. 89-143, eff. 7-14-95; 89-502, eff. 6-28-96;
revised 8-19-96.)
Section 2-135. The School Code is amended by changing
Sections 10-21.4a, 10-22.5a, 10-22.6, 10-22.20, 13A-8, 13A-9,
18-8, 24-2, and 34-2.3 and by setting forth, changing, and
renumbering multiple versions of Section 10-22.3d as follows:
(105 ILCS 5/10-21.4a) (from Ch. 122, par. 10-21.4a)
Sec. 10-21.4a. Principals - Duties. To employ
principals who hold valid supervisory or administrative
certificates who shall supervise the operation of attendance
centers as the board shall determine necessary. In an
attendance center having fewer than 4 teachers, a head
teacher who does not qualify as a principal may be assigned
in the place of a principal.
The principal shall assume administrative
responsibilities and instructional leadership, under the
supervision of the superintendent, and in accordance with
reasonable rules and regulations of the board, for the
planning, operation and evaluation of the educational program
of the attendance area to which he or she is assigned.
However, in districts under a Financial Oversight Panel
pursuant to Section 1A-8 for violating a financial plan, the
duties and responsibilities of principals in relation to the
financial and business operations of the district shall be
approved by the Panel. In the event the Board refuses or
fails to follow a directive or comply with an information
request of the Panel, the performance of those duties shall
be subject to the direction of the Panel.
School boards shall specify in their formal job
description for principals that his or her primary
responsibility is in the improvement of instruction. A
majority of the time spent by a principal shall be spent on
curriculum and staff development through both formal and
informal activities, establishing clear lines of
communication regarding school goals, accomplishments,
practices and policies with parents and teachers.
Unless residency within a school district is made an
express condition of a person's employment or continued
employment as a principal of that school district at the time
of the person's initial employment as a principal of that
district, residency within that school district may not at
any time thereafter be made a condition of that person's
employment or continued employment as a principal of the
district, without regard to whether the person's initial
employment as a principal of the district began before or
begins on or after the effective date of this amendatory Act
of 1996 and without regard to whether that person's residency
within or outside of the district began or was changed before
or begins or changes on or after that effective date. In no
event shall residency within a school district be considered
in determining the compensation of a principal or the
assignment or transfer of a principal to an attendance center
of the district.
School boards shall ensure that their principals are
evaluated on their instructional leadership ability and their
ability to maintain a positive education and learning
climate.
It shall also be the responsibility of the principal to
utilize resources of proper law enforcement agencies when the
safety and welfare of students and teachers are threatened by
illegal use of drugs and alcohol.
The principal shall submit recommendations to the
superintendent concerning the appointment, retention,
promotion and assignment of all personnel assigned to the
attendance center.
If a principal is absent due to extended illness or leave
of absence, an assistant principal may be assigned as acting
principal for a period not to exceed 60 school days.
(Source: P.A. 89-572, eff. 7-30-96; 89-622, eff. 8-9-96;
revised 9-10-96.)
(105 ILCS 5/10-22.3d)
Sec. 10-22.3d. Woman's health care provider. Insurance
protection and benefits for employees are subject to the
provisions of Section 356r of the Illinois Insurance Code.
(Source: P.A. 89-514, eff. 7-17-96; revised 7-24-96.)
(105 ILCS 5/10-22.3e)
Sec. 10-22.3e. 10-22.3d. Post-parturition care.
Insurance protection and benefits for employees shall provide
the post-parturition care benefits required to be covered by
a policy of accident and health insurance under Section 356s
356r of the Illinois Insurance Code.
(Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
(105 ILCS 5/10-22.5a) (from Ch. 122, par. 10-22.5a)
Sec. 10-22.5a. Attendance by foreign exchange students
and certain nonresident pupils.
(a) To enter into written agreements with cultural
exchange organizations, or with nationally recognized
eleemosynary institutions that promote excellence in the
arts, mathematics, or science. The written agreements may
provide for tuition free attendance at the local district
school by foreign exchange students, or by nonresident pupils
of eleemosynary institutions. The local board of education,
as part of the agreement, may require that the cultural
exchange program or the eleemosynary institutions provide
services to the district in exchange for the waiver of
nonresident tuition.
To enter into written agreements with adjacent school
districts to provide for tuition free attendance by a student
of the adjacent district when requested for the student's
health and safety by the student or parent and both districts
determine that the student's health or safety will be served
by such attendance. Districts shall not be required to enter
into such agreements nor be required to alter existing
transportation services due to the attendance of such
non-resident pupils.
(b) Nonresident pupils and foreign exchange students
attending school on a tuition free basis under such
agreements may be counted for the purposes of determining the
apportionment of State aid provided under Section 18-8 of
this Act. Provided that any cultural exchange organization or
eleemosynary institutions wishing to participate in an
agreement authorized under this Section must be approved in
writing by the State Board of Education. The State Board of
Education may establish reasonable rules to determine the
eligibility of cultural exchange organizations or
eleemosynary institutions wishing to participate in
agreements authorized under this Section. No organization or
institution participating in agreements authorized under this
Section may exclude any individual for participation in its
program on account of the person's race, color, sex, religion
or nationality.
(Source: P.A. 89-480, eff. 1-1-97; 89-622, eff. 8-9-96;
revised 8-19-96.)
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
(a) To expel pupils guilty of gross disobedience or
misconduct, and no action shall lie against them for such
expulsion. Expulsion shall take place only after the parents
have been requested to appear at a meeting of the board, or
with a hearing officer appointed by it, to discuss their
child's behavior. Such request shall be made by registered or
certified mail and shall state the time, place and purpose of
the meeting. The board, or a hearing officer appointed by it,
at such meeting shall state the reasons for dismissal and the
date on which the expulsion is to become effective. If a
hearing officer is appointed by the board he shall report to
the board a written summary of the evidence heard at the
meeting and the board may take such action thereon as it
finds appropriate.
(b) To suspend or by regulation to authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend
pupils guilty of gross disobedience or misconduct, or to
suspend pupils guilty of gross disobedience or misconduct on
the school bus from riding the school bus, and no action
shall lie against them for such suspension. The board may by
regulation authorize the superintendent of the district or
the principal, assistant principal, or dean of students of
any school to suspend pupils guilty of such acts for a period
not to exceed 10 school days. If a pupil is suspended due to
gross disobedience or misconduct on a school bus, the board
may suspend the pupil in excess of 10 school days for safety
reasons. Any suspension shall be reported immediately to the
parents or guardian of such pupil along with a full statement
of the reasons for such suspension and a notice of their
right to a review, a copy of which shall be given to the
school board. Upon request of the parents or guardian the
school board or a hearing officer appointed by it shall
review such action of the superintendent or principal,
assistant principal, or dean of students. At such review the
parents or guardian of the pupil may appear and discuss the
suspension with the board or its hearing officer. If a
hearing officer is appointed by the board he shall report to
the board a written summary of the evidence heard at the
meeting. After its hearing or upon receipt of the written
report of its hearing officer, the board may take such action
as it finds appropriate.
(c) The Department of Human Services shall be invited to
send a representative to consult with the board at such
meeting whenever there is evidence that mental illness may be
the cause for expulsion or suspension.
(d) The board may expel a student for a definite period
of time not to exceed 2 calendar years, as determined on a
case by case basis. A student who is determined to have
brought a weapon to school, any school-sponsored activity or
event, or any activity or event which bears a reasonable
relationship to school shall be expelled for a period of not
less than one year, except that the expulsion period may be
modified by the board on a case by case basis. For purposes
of this Section, the term "weapon" means possession, use,
control or transfer of any object which may be used to cause
bodily harm, including but not limited to a weapon as defined
by Section 921 of Title 18, United States Code, firearm as
defined in Section 1.1 of the Firearm Owners Identification
Act, use of weapon as defined in Section 24-1 of the Criminal
Code, knives, guns, firearms, rifles, shotguns, brass
knuckles, billy clubs, or "look-alikes" thereof. Such items
as baseball bats, pipes, bottles, locks, sticks, pencils, and
pens may be considered weapons if used or attempted to be
used to cause bodily harm. Expulsion or suspension shall be
construed in a manner consistent with the Federal Individuals
with Disabilities Education Act. A student who is subject to
suspension or expulsion as provided in this Section may be
eligible for a transfer to an alternative school program in
accordance with Article 13A of the School Code. The
provisions of this subsection (d) apply in all school
districts, including special charter districts and districts
organized under Article 34.
(e) To maintain order and security in the schools,
school authorities may inspect and search places and areas
such as lockers, desks, parking lots, and other school
property and equipment owned or controlled by the school, as
well as personal effects left in those places and areas by
students, without notice to or the consent of the student,
and without a search warrant. As a matter of public policy,
the General Assembly finds that students have no reasonable
expectation of privacy in these places and areas or in their
personal effects left in these places and areas. School
authorities may request the assistance of law enforcement
officials for the purpose of conducting inspections and
searches of lockers, desks, parking lots, and other school
property and equipment owned or controlled by the school for
illegal drugs, weapons, or other illegal or dangerous
substances or materials, including searches conducted through
the use of specially trained dogs. If a search conducted in
accordance with this Section produces evidence that the
student has violated or is violating either the law, local
ordinance, or the school's policies or rules, such evidence
may be seized by school authorities, and disciplinary action
may be taken. School authorities may also turn over such
evidence to law enforcement authorities. The provisions of
this subsection (e) apply in all school districts, including
special charter districts and districts organized under
Article 34.
(Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
89-610, eff. 8-6-96; revised 9-9-96.)
(105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
Sec. 10-22.20. Classes for adults and youths whose
schooling has been interrupted; Conditions for State
reimbursement; Use of child care facilities.
(a) To establish special classes for the instruction (1)
of persons of age 21 years or over, and (2) of persons less
than age 21 and not otherwise in attendance in public school,
for the purpose of providing adults in the community, and
youths whose schooling has been interrupted, with such
additional basic education, vocational skill training, and
other instruction as may be necessary to increase their
qualifications for employment or other means of self-support
and their ability to meet their responsibilities as citizens
including courses of instruction regularly accepted for
graduation from elementary or high schools and for
Americanization and General Educational Development Review
classes.
The board shall pay the necessary expenses of such
classes out of school funds of the district, including costs
of student transportation and such facilities or provision
for child-care as may be necessary in the judgment of the
board to permit maximum utilization of the courses by
students with children, and other special needs of the
students directly related to such instruction. The expenses
thus incurred shall be subject to State reimbursement, as
provided in this Section. The board may make a tuition
charge for persons taking instruction who are not subject to
State reimbursement, such tuition charge not to exceed the
per capita cost of such classes.
The cost of such instruction, including the additional
expenses herein authorized, incurred for recipients of
financial aid under the Illinois Public Aid Code, or for
persons for whom education and training aid has been
authorized under Section 9-8 of that Code, shall be assumed
in its entirety from funds appropriated by the State to the
State Board of Education.
(b) The State Board of Education and the Illinois
Community College Board shall annually enter into an
interagency agreement to implement this Section. The
interagency agreement shall establish the standards for the
courses of instruction reimbursed under this Section. The
State Board of Education shall supervise the administration
of the programs. The State Board of Education shall
determine the cost of instruction in accordance with
standards jointly established by the State Board of Education
and the Illinois Community College Board as set forth in the
interagency agreement, including therein other incidental
costs as herein authorized, which shall serve as the basis of
State reimbursement in accordance with the provisions of
this Section. In the approval of programs and the
determination of the cost of instruction, the State Board of
Education shall provide for the maximum utilization of
federal funds for such programs. The interagency agreement
shall also include:
(1) the development of an index of need for program
planning and for area funding allocations as defined by
the State Board of Education;
(2) the method for calculating hours of
instruction, as defined by the State Board of Education,
claimable for reimbursement and a method to phase in the
calculation and for adjusting the calculations in cases
where the services of a program are interrupted due to
circumstances beyond the control of the program provider;
(3) a plan for the reallocation of funds to
increase the amount allocated for grants based upon
program performance as set forth in subsection (d) below;
and
(4) the development of standards for determining
grants based upon performance as set forth in subsection
(d) below and a plan for the phased-in implementation of
those standards.
For instruction provided by school districts and
community college districts beginning July 1, 1996 and
thereafter, reimbursement provided by the State Board of
Education for classes authorized by this Section shall be
provided pursuant to the terms of the interagency agreement
from funds appropriated for the reimbursement criteria set
forth in subsection (c) below.
(c) Upon the annual approval of the interagency
agreement, reimbursement shall be first provided for
transportation, child care services, and other special needs
of the students directly related to instruction and then from
the funds remaining an amount equal to the product of the
total credit hours or units of instruction approved by the
State Board of Education, multiplied by the following:
(1) For adult basic education, the maximum
reimbursement per credit hour or per unit of instruction
shall be equal to the general state aid per pupil
foundation level established in subsections 5(a) through
5(d) of Section 18-8, divided by 60;
(2) The maximum reimbursement per credit hour or
per unit of instruction in subparagraph (1) above shall
be weighted for students enrolled in classes defined as
vocational skills and approved by the State Board of
Education by 1.25;
(3) The maximum reimbursement per credit hour or
per unit of instruction in subparagraph (1) above shall
be multiplied by .90 for students enrolled in classes
defined as adult secondary education programs and
approved by the State Board of Education;
(4) For community college districts the maximum
reimbursement per credit hour in subparagraphs (1), (2),
and (3) above shall be reduced by the Adult Basic
Education/Adult Secondary Education/English As A Second
Language credit hour grant rate prescribed in Section
2-16.02 of the Public Community College Act, as pro-rated
to the appropriation level; and
(5) Programs receiving funds under the formula that
was in effect during the 1994-1995 program year which
continue to be approved and which generate at least 80%
of the hours claimable in 1994-95, or in the case of
programs not approved in 1994-95 at least 80% of the
hours claimable in 1995-96, shall have funding for
subsequent years based upon 100% of the 1995-96 formula
funding level for 1996-97, 90% of the 1995-96 formula
funding level for 1997-98, 80% of the 1995-96 formula
funding level for 1998-99, and 70% of the 1995-96 formula
funding level for 1999-2000. For any approved program
which generates less than 80% of the claimable hours in
its base year, the level of funding pursuant to this
paragraph shall be reduced proportionately. Funding for
program years after 1999-2000 shall be pursuant to the
interagency agreement.
(d) Upon the annual approval of the interagency
agreement, the State Board of Education shall provide grants
to eligible programs for supplemental activities to improve
or expand services under the Adult Education Act. Eligible
programs shall be determined based upon performance outcomes
of students in the programs as set forth in the interagency
agreement.
(e) Reimbursement under this Section shall not exceed
the actual costs of the approved program.
If the amount appropriated to the State Board of
Education for reimbursement under this Section is less than
the amount required under this Act, the apportionment shall
be proportionately reduced.
School districts and community college districts may
assess students up to $3.00 per credit hour, for classes
other than Adult Basic Education level programs, if needed to
meet program costs.
(f) An education plan shall be established for each
adult or youth whose schooling has been interrupted and who
is participating in the instructional programs provided under
this Section.
Each school board and community college shall keep an
accurate and detailed account of the students assigned to and
receiving instruction under this Section who are subject to
State reimbursement and shall submit reports of services
provided commencing with fiscal year 1997 as required in the
interagency agreement.
For classes authorized under this Section, a credit hour
or unit of instruction is equal to 15 hours of direct
instruction for students enrolled in approved adult education
programs at midterm and making satisfactory progress, in
accordance with standards jointly established by the State
Board of Education and the Illinois Community College Board
as set forth in the interagency agreement.
(g) Upon proof submitted to the Illinois Department of
Human Services of the payment of all claims submitted under
this Section, that Department shall apply for federal funds
made available therefor and any federal funds so received
shall be paid into the General Revenue Fund in the State
Treasury.
School districts or community colleges providing classes
under this Section shall submit applications to the State
Board of Education for preapproval in accordance with the
standards jointly established by the State Board of Education
and the Illinois Community College Board as set forth in the
interagency agreement. Payments shall be made by the State
Board of Education based upon approved programs. Interim
expenditure reports may be required by the State Board of
Education as set forth in the interagency agreement. Final
claims for the school year shall be submitted to the regional
superintendents for transmittal to the State Board of
Education as set forth in the interagency agreement. Final
adjusted payments shall be made by September 30.
If a school district or community college district fails
to provide, or is providing unsatisfactory or insufficient
classes under this Section, the State Board of Education may
enter into agreements with public or private educational or
other agencies other than the public schools for the
establishment of such classes.
(h) If a school district or community college district
establishes child-care facilities for the children of
participants in classes established under this Section, it
may extend the use of these facilities to students who have
obtained employment and to other persons in the community
whose children require care and supervision while the parent
or other person in charge of the children is employed or
otherwise absent from the home during all or part of the day.
It may make the facilities available before and after as well
as during regular school hours to school age and preschool
age children who may benefit thereby, including children who
require care and supervision pending the return of their
parent or other person in charge of their care from
employment or other activity requiring absence from the home.
The State Board of Education shall pay to the board the
cost of care in the facilities for any child who is a
recipient of financial aid under The Illinois Public Aid
Code.
The board may charge for care of children for whom it
cannot make claim under the provisions of this Section. The
charge shall not exceed per capita cost, and to the extent
feasible, shall be fixed at a level which will permit
utilization by employed parents of low or moderate income.
It may also permit any other State or local governmental
agency or private agency providing care for children to
purchase care.
After July 1, 1970 when the provisions of Section
10-20.20 become operative in the district, children in a
child-care facility shall be transferred to the kindergarten
established under that Section for such portion of the day as
may be required for the kindergarten program, and only the
prorated costs of care and training provided in the Center
for the remaining period shall be charged to the Illinois
Department of Human Services or other persons or agencies
paying for such care.
(i) The provisions of this Section shall also apply to
school districts having a population exceeding 500,000.
(Source: P.A. 89-507, eff. 7-1-97; 89-524, eff. 7-19-96;
revised 8-15-96.)
(105 ILCS 5/13A-8)
Sec. 13A-8. Funding.
(a) The State of Illinois shall provide new and
additional funding for the alternative school programs within
each educational service region and within the Chicago public
school system by line item appropriation made to the State
Board of Education for that purpose. This money, when
appropriated, shall be provided to the regional
superintendent and to the Chicago Board of Education, who
shall establish a budget, including salaries, for all
alternative schools in that region.
(b) The school district in which the program is located
and from which a student is administratively transferred
shall, as a result of an administrative transfer, have its
average daily attendance funding with respect to that student
transferred to the alternative school program.
(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96;
89-636, eff. 8-9-96; revised 9-12-96.)
(105 ILCS 5/13A-9)
Sec. 13A-9. Transportation. Subject to the requirements
of Article 29 and except as otherwise agreed by the parents,
school and regional superintendent, the school from which a
student is administratively transferred shall provide for or
any transportation that the transfer necessitates, if
transportation is required pursuant to Section 29-3. The
regional superintendent shall coordinate all transportation
arrangements with transferring school districts. The
regional superintendent may also arrange for cooperation
between school districts in the regional superintendent's
educational service region regarding the transportation needs
of transferred students in order to reduce the costs of that
transportation and to provide greater convenience for the
students involved.
(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96;
89-636, eff. 8-9-96.)
(105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
Sec. 18-8. Basis for apportionment to districts,
laboratory schools and alternative schools.
A. The amounts to be apportioned shall be determined for
each educational service region by school districts, as
follows:
1. General Provisions.
(a) In the computation of the amounts to be apportioned,
the average daily attendance of all pupils in grades 9
through 12 shall be multiplied by 1.25. The average daily
attendance of all pupils in grades 7 and 8 shall be
multiplied by 1.05.
(b) The actual number of pupils in average daily
attendance shall be computed in a one-teacher school district
by dividing the total aggregate days of pupil attendance by
the actual number of days school is in session but not more
than 30 such pupils shall be accredited for such type of
district; and in districts of 2 or more teachers, or in
districts where records of attendance are kept by session
teachers, by taking the sum of the respective averages of the
units composing the group.
(c) Pupils in average daily attendance shall be computed
upon the average of the best 3 months of pupils attendance of
the current school year except as district claims may be
later amended as provided hereinafter in this Section.
However, for any school district maintaining grades
kindergarten through 12, the "average daily attendance" shall
be computed on the average of the best 3 months of pupils
attendance of the current year in grades kindergarten through
8, added together with the average of the best 3 months of
pupils attendance of the current year in grades 9 through 12,
except as district claims may be later amended as provided in
this Section. Days of attendance shall be kept by regular
calendar months, except any days of attendance in August
shall be added to the month of September and any days of
attendance in June shall be added to the month of May.
Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of
not less than 5 clock hours of school work per day under
direct supervision of: (i) teachers, or (ii) non-teaching
personnel or volunteer personnel when engaging in
non-teaching duties and supervising in those instances
specified in subsection (a) of Section 10-22.34 and paragraph
10 of Section 34-18, with pupils of legal school age and in
kindergarten and grades 1 through 12.
(d) Pupils regularly enrolled in a public school for
only a part of the school day may be counted on the basis of
1/6 day for every class hour of instruction of 40 minutes or
more attended pursuant to such enrollment.
(e) Days of attendance may be less than 5 clock hours on
the opening and closing of the school term, and upon the
first day of pupil attendance, if preceded by a day or days
utilized as an institute or teachers' workshop.
(f) A session of 4 or more clock hours may be counted as
a day of attendance upon certification by the regional
superintendent, and approved by the State Superintendent of
Education to the extent that the district has been forced to
use daily multiple sessions.
(g) A session of 3 or more clock hours may be counted as
a day of attendance (1) when the remainder of the school day
or at least 2 hours in the evening of that day is utilized
for an in-service training program for teachers, up to a
maximum of 5 days per school year of which a maximum of 4
days of such 5 days may be used for parent-teacher
conferences, provided a district conducts an in-service
training program for teachers which has been approved by the
State Superintendent of Education; or, in lieu of 4 such
days, 2 full days may be used, in which event each such day
may be counted as a day of attendance; and (2) when days in
addition to those provided in item (1) are scheduled by a
school pursuant to its school improvement plan adopted under
Article 34 or its revised or amended school improvement plan
adopted under Article 2, provided that (i) such sessions of 3
or more clock hours are scheduled to occur at regular
intervals, (ii) the remainder of the school days in which
such sessions occur are utilized for in-service training
programs or other staff development activities for teachers,
and (iii) a sufficient number of minutes of school work under
the direct supervision of teachers are added to the school
days between such regularly scheduled sessions to accumulate
not less than the number of minutes by which such sessions of
3 or more clock hours fall short of 5 clock hours. Any full
days used for the purposes of this paragraph shall not be
considered for computing average daily attendance. Days
scheduled for in-service training programs, staff development
activities, or parent-teacher conferences may be scheduled
separately for different grade levels and different
attendance centers of the district.
(h) A session of not less than one clock hour teaching
of hospitalized or homebound pupils on-site or by telephone
to the classroom may be counted as 1/2 day of attendance,
however these pupils must receive 4 or more clock hours of
instruction to be counted for a full day of attendance.
(i) A session of at least 4 clock hours may be counted
as a day of attendance for first grade pupils, and pupils in
full day kindergartens, and a session of 2 or more hours may
be counted as 1/2 day of attendance by pupils in
kindergartens which provide only 1/2 day of attendance.
(j) For children with disabilities who are below the age
of 6 years and who cannot attend two or more clock hours
because of their disability or immaturity, a session of not
less than one clock hour may be counted as 1/2 day of
attendance; however for such children whose educational needs
so require a session of 4 or more clock hours may be counted
as a full day of attendance.
(k) A recognized kindergarten which provides for only
1/2 day of attendance by each pupil shall not have more than
1/2 day of attendance counted in any 1 day. However,
kindergartens may count 2 1/2 days of attendance in any 5
consecutive school days. Where a pupil attends such a
kindergarten for 2 half days on any one school day, such
pupil shall have the following day as a day absent from
school, unless the school district obtains permission in
writing from the State Superintendent of Education.
Attendance at kindergartens which provide for a full day of
attendance by each pupil shall be counted the same as
attendance by first grade pupils. Only the first year of
attendance in one kindergarten shall be counted except in
case of children who entered the kindergarten in their fifth
year whose educational development requires a second year of
kindergarten as determined under the rules and regulations of
the State Board of Education.
(l) Days of attendance by tuition pupils shall be
accredited only to the districts that pay the tuition to a
recognized school.
(m) The greater of the immediately preceding year's
weighted average daily attendance or the average of the
weighted average daily attendance of the immediately
preceding year and the previous 2 years shall be used.
For any school year beginning July 1, 1986 or thereafter,
if the weighted average daily attendance in either grades
kindergarten through 8 or grades 9 through 12 of a district
as computed for the first calendar month of the current
school year exceeds by more than 5%, but not less than 25
pupils, the district's weighted average daily attendance for
the first calendar month of the immediately preceding year
in, respectively, grades kindergarten through 8 or grades 9
through 12, a supplementary payment shall be made to the
district equal to the difference in the amount of aid the
district would be paid under this Section using the weighted
average daily attendance in the district as computed for the
first calendar month of the current school year and the
amount of aid the district would be paid using the weighted
average daily attendance in the district for the first
calendar month of the immediately preceding year. Such
supplementary State aid payment shall be paid to the district
as provided in Section 18-8.4 and shall be treated as
separate from all other payments made pursuant to this
Section 18-8.
(n) The number of low income eligible pupils in a
district shall result in an increase in the weighted average
daily attendance calculated as follows: The number of low
income pupils shall increase the weighted ADA by .53 for each
student adjusted by dividing the percent of low income
eligible pupils in the district by the ratio of eligible low
income pupils in the State to the best 3 months' weighted
average daily attendance in the State. In no case may the
adjustment under this paragraph result in a greater weighting
than .625 for each eligible low income student. The number
of low income eligible pupils in a district shall be the
low-income eligible count from the most recently available
federal census and the weighted average daily attendance
shall be calculated in accordance with the other provisions
of this paragraph.
(o) Any school district which fails for any given school
year to maintain school as required by law, or to maintain a
recognized school is not eligible to file for such school
year any claim upon the common school fund. In case of
nonrecognition of one or more attendance centers in a school
district otherwise operating recognized schools, the claim of
the district shall be reduced in the proportion which the
average daily attendance in the attendance center or centers
bear to the average daily attendance in the school district.
A "recognized school" means any public school which meets the
standards as established for recognition by the State Board
of Education. A school district or attendance center not
having recognition status at the end of a school term is
entitled to receive State aid payments due upon a legal claim
which was filed while it was recognized.
(p) School district claims filed under this Section are
subject to Sections 18-9, 18-10 and 18-12, except as herein
otherwise provided.
(q) The State Board of Education shall secure from the
Department of Revenue the value as equalized or assessed by
the Department of Revenue of all taxable property of every
school district together with the applicable tax rate used in
extending taxes for the funds of the district as of September
30 of the previous year. The Department of Revenue shall add
to the equalized assessed value of all taxable property of
each school district situated entirely or partially within a
county with 2,000,000 or more inhabitants an amount equal to
the total amount by which the homestead exemptions allowed
under Sections 15-170 and 15-175 of the Property Tax Code for
real property situated in that school district exceeds the
total amount that would have been allowed in that school
district as homestead exemptions under those Sections if the
maximum reduction under Section 15-170 of the Property Tax
Code was $2,000 and the maximum reduction under Section
15-175 of the Property Tax Code was $3,500. The county clerk
of any county with 2,000,000 or more inhabitants shall
annually calculate and certify to the Department for each
school district all homestead exemption amounts required by
this amendatory Act of 1992. In a new district which has not
had any tax rates yet determined for extension of taxes, a
leveled uniform rate shall be computed from the latest amount
of the fund taxes extended on the several areas within such
new district.
(r) If a school district operates a full year school
under Section 10-19.1, the general state aid to the school
district shall be determined by the State Board of Education
in accordance with this Section as near as may be applicable.
2. New or recomputed claim. The general State aid
entitlement for a newly created school district or a district
which has annexed an entire school district shall be computed
using attendance, compensatory pupil counts, equalized
assessed valuation, and tax rate data which would have been
used had the district been in existence for 3 years. General
State aid entitlements shall not be recomputed except as
permitted herein.
3. Impaction. Impaction payments shall be made as
provided for in Section 18-4.2.
4. Summer school. Summer school payments shall be made
as provided in Section 18-4.3.
5. Computation of State aid. The State grant shall be
determined as follows:
(a) The State shall guarantee the amount of money that a
district's operating tax rate as limited in other Sections of
this Act would produce if every district maintaining grades
kindergarten through 12 had an equalized assessed valuation
equal to $74,791 per weighted ADA pupil; every district
maintaining grades kindergarten through 8 had an equalized
assessed valuation of $108,644 per weighted ADA pupil; and
every district maintaining grades 9 through 12 had an
equalized assessed valuation of $187,657 per weighted ADA
pupil. The State Board of Education shall adjust the
equalized assessed valuation amounts stated in this
paragraph, if necessary, to conform to the amount of the
appropriation approved for any fiscal year.
(b) The operating tax rate to be used shall consist of
all district taxes extended for all purposes except community
college educational purposes for the payment of tuition under
Section 6-1 of the Public Community College Act, Bond and
Interest, Summer School, Rent, Capital Improvement and
Vocational Education Building. Any district may elect to
exclude Transportation from the calculation of its operating
tax rate. Districts may include taxes extended for the
payment of principal and interest on bonds issued under the
provisions of Sections 17-2.11a and 20-2 at a rate of .05%
per year for each purpose or the actual rate extended,
whichever is less.
(c) For calculation of aid under this Act a district
shall use the combined authorized tax rates of all funds not
exempt in (b) above, not to exceed 2.76% of the value of all
its taxable property as equalized or assessed by the
Department of Revenue for districts maintaining grades
kindergarten through 12; 1.90% of the value of all its
taxable property as equalized or assessed by the Department
of Revenue for districts maintaining grades kindergarten
through 8 only; 1.10% of the value of all its taxable
property as equalized or assessed by the Department of
Revenue for districts maintaining grades 9 through 12 only.
A district may, however, as provided in Article 17, increase
its operating tax rate above the maximum rate provided in
this subsection without affecting the amount of State aid to
which it is entitled under this Act.
(d) (1) For districts maintaining grades kindergarten
through 12 with an operating tax rate as described in
subsections 5(b) and (c) of less than 2.18%, and districts
maintaining grades kindergarten through 8 with an operating
tax rate of less than 1.28%, State aid shall be computed by
multiplying the difference between the guaranteed equalized
assessed valuation per weighted ADA pupil in subsection 5(a)
and the equalized assessed valuation per weighted ADA pupil
in the district by the operating tax rate, multiplied by the
weighted average daily attendance of the district; provided,
however, that for the 1989-1990 school year only, a school
district maintaining grades kindergarten through 8 whose
operating tax rate with reference to which its general State
aid for the 1989-1990 school year is determined is less than
1.28% and more than 1.090%, and which had an operating tax
rate of 1.28% or more for the previous year, shall have its
general State aid computed according to the provisions of
subsection 5(d)(2).
(2) For districts maintaining grades kindergarten
through 12 with an operating tax rate as described in
subsection 5(b) and (c) of 2.18% and above, the State aid
shall be computed as provided in subsection (d) (1) but as
though the district had an operating tax rate of 2.76%; in
K-8 districts with an operating tax rate of 1.28% and above,
the State aid shall be computed as provided in subsection (d)
(1) but as though the district had an operating tax rate of
1.90%; and in 9-12 districts, the State aid shall be computed
by multiplying the difference between the guaranteed
equalized assessed valuation per weighted average daily
attendance pupil in subsection 5(a) and the equalized
assessed valuation per weighted average daily attendance
pupil in the district by the operating tax rate, not to
exceed 1.10%, multiplied by the weighted average daily
attendance of the district. State aid computed under the
provisions of this subsection (d) (2) shall be treated as
separate from all other payments made pursuant to this
Section. The State Comptroller and State Treasurer shall
transfer from the General Revenue Fund to the Common School
Fund the amounts necessary to permit these claims to be paid
in equal installments along with other State aid payments
remaining to be made for the 1983-1984 school year under this
Section.
(3) For any school district whose 1995 equalized
assessed valuation is at least 6% less than its 1994
equalized assessed valuation as the result of a reduction in
the equalized assessed valuation of the taxable property
within such district of any one taxpayer whose taxable
property within the district has a 1994 equalized assessed
valuation constituting at least 20% of the 1994 equalized
assessed valuation of all taxable property within the
district, the 1996-97 State aid of such district shall be
computed using its 1995 equalized assessed valuation.
(4) For any school district whose 1988 equalized
assessed valuation is 55% or less of its 1981 equalized
assessed valuation, the 1990-91 State aid of such district
shall be computed by multiplying the 1988 equalized assessed
valuation by a factor of .8. Any such school district which
is reorganized effective for the 1991-92 school year shall
use the formula provided in this subparagraph for purposes of
the calculation made pursuant to subsection (m) of this
Section.
(e) The amount of State aid shall be computed under the
provisions of subsections 5(a) through 5(d) provided the
equalized assessed valuation per weighted ADA pupil is less
than .87 of the amounts in subsection 5(a). If the equalized
assessed valuation per weighted ADA pupil is equal to or
greater than .87 of the amounts in subsection 5(a), the State
aid shall be computed under the provisions of subsection
5(f).
(f) If the equalized assessed valuation per weighted ADA
pupil is equal to or greater than .87 of the amounts in
subsection 5(a), the State aid per weighted ADA pupil shall
be computed by multiplying the product of .13 times the
maximum per pupil amount computed under the provisions of
subsections 5(a) through 5(d) by an amount equal to the
quotient of .87 times the equalized assessed valuation per
weighted ADA pupil in subsection 5(a) for that type of
district divided by the district equalized valuation per
weighted ADA pupil except in no case shall the district
receive State aid per weighted ADA pupil of less than .07
times the maximum per pupil amount computed under the
provisions of subsections 5(a) through 5(d).
(g) In addition to the above grants, summer school
grants shall be made based upon the calculation as provided
in subsection 4 of this Section.
(h) The board of any district receiving any of the
grants provided for in this Section may apply those funds to
any fund so received for which that board is authorized to
make expenditures by law.
(i) (1) (a) In school districts with an average daily
attendance of 50,000 or more, the amount which is provided
under subsection 1(n) of this Section by the application of a
base Chapter 1 weighting factor of .375 shall be distributed
to the attendance centers within the district in proportion
to the number of pupils enrolled at each attendance center
who are eligible to receive free or reduced-price lunches or
breakfasts under the federal Child Nutrition Act of 1966 and
under the National School Lunch Act during the immediately
preceding school year. The amount of State aid provided
under subsection 1(n) of this Section by the application of
the Chapter 1 weighting factor in excess of .375 shall be
distributed to the attendance centers within the district in
proportion to the total enrollment at each attendance center.
Beginning with school year 1989-90, and each school year
thereafter, all funds provided under subsection 1 (n) of this
Section by the application of the Chapter 1 weighting factor
which are in excess of the level of non-targeted Chapter 1
funds in school year 1988-89 shall be distributed to
attendance centers, and only to attendance centers, within
the district in proportion to the number of pupils enrolled
at each attendance center who are eligible to receive free or
reduced price lunches or breakfasts under the Federal Child
Nutrition Act and under the National School Lunch Act during
the immediately preceding school year. Beginning in school
year 1989-90, 25% of the previously non-targeted Chapter 1
funds as established for school year 1988-89 shall also be
distributed to the attendance centers, and only to attendance
centers, in the district in proportion to the number of
pupils enrolled at each attendance center who are eligible to
receive free or reduced price lunches or breakfasts under the
Federal Child Nutrition Act and under the National School
Lunch Act during the immediately preceding school year; in
school year 1990-91, 50% of the previously non-targeted
Chapter 1 funds as established for school year 1988-89 shall
be distributed to attendance centers, and only to attendance
centers, in the district in proportion to the number of
pupils enrolled at each attendance center who are eligible to
receive such free or reduced price lunches or breakfasts
during the immediately preceding school year; in school year
1991-92, 75% of the previously non-targeted Chapter 1 funds
as established for school year 1988-89 shall be distributed
to attendance centers, and only to attendance centers, in the
district in proportion to the number of pupils enrolled at
each attendance center who are eligible to receive such free
or reduced price lunches or breakfasts during the immediately
preceding school year; in school year 1992-93 and thereafter,
all funds provided under subsection 1 (n) of this Section by
the application of the Chapter 1 weighting factor shall be
distributed to attendance centers, and only to attendance
centers, in the district in proportion to the number of
pupils enrolled at each attendance center who are eligible to
receive free or reduced price lunches or breakfasts under the
Federal Child Nutrition Act and under the National School
Lunch Act during the immediately preceding school year;
provided, however, that the distribution formula in effect
beginning with school year 1989-90 shall not be applicable to
such portion of State aid provided under subsection 1 (n) of
this Section by the application of the Chapter 1 weighting
formula as is set aside and appropriated by the school
district for the purpose of providing desegregation programs
and related transportation to students (which portion shall
not exceed 5% of the total amount of State aid which is
provided under subsection 1 (n) of this Section by
application of the Chapter 1 weighting formula), and the
relevant percentages shall be applied to the remaining
portion of such State aid. The distribution of these
portions of general State aid among attendance centers
according to these requirements shall not be compensated for
or contravened by adjustments of the total of other funds
appropriated to any attendance centers. (b) The Board of
Education shall utilize funding from one or several sources
in order to fully implement this provision annually prior to
the opening of school. The Board of Education shall apply
savings from reduced administrative costs required under
Section 34-43.1 and growth in non-Chapter 1 State and local
funds to assure that all attendance centers receive funding
to replace losses due to redistribution of Chapter 1 funding.
The distribution formula and funding to replace losses due to
the distribution formula shall occur, in full, using any and
all sources available, including, if necessary, revenue from
administrative reductions beyond those required in Section
34-43.1, in order to provide the necessary funds. (c) Each
attendance center shall be provided by the school district a
distribution of noncategorical funds and other categorical
funds to which an attendance center is entitled under law in
order that the State aid provided by application of the
Chapter 1 weighting factor and required to be distributed
among attendance centers according to the requirements of
this paragraph supplements rather than supplants the
noncategorical funds and other categorical funds provided by
the school district to the attendance centers.
Notwithstanding the foregoing provisions of this subsection
5(i)(1) or any other law to the contrary, beginning with the
1995-1996 school year and for each school year thereafter,
the board of a school district to which the provisions of
this subsection apply shall be required to allocate or
provide to attendance centers of the district in any such
school year, from the State aid provided for the district
under this Section by application of the Chapter 1 weighting
factor, an aggregate amount of not less than $261,000,000 of
State Chapter 1 funds. Any State Chapter 1 funds that by
reason of the provisions of this paragraph are not required
to be allocated and provided to attendance centers may be
used and appropriated by the board of the district for any
lawful school purpose. Chapter 1 funds received by an
attendance center (except those funds set aside for
desegregation programs and related transportation to
students) shall be used on the schedule cited in this Section
at the attendance center at the discretion of the principal
and local school council for programs to improve educational
opportunities at qualifying schools through the following
programs and services: early childhood education, reduced
class size or improved adult to student classroom ratio,
enrichment programs, remedial assistance, attendance
improvement and other educationally beneficial expenditures
which supplement the regular and basic programs as determined
by the State Board of Education. Chapter 1 funds shall not
be expended for any political or lobbying purposes as defined
by board rule. (d) Each district subject to the provisions of
this paragraph shall submit an acceptable plan to meet the
educational needs of disadvantaged children, in compliance
with the requirements of this paragraph, to the State Board
of Education prior to July 15 of each year. This plan shall
be consistent with the decisions of local school councils
concerning the school expenditure plans developed in
accordance with part 4 of Section 34-2.3. The State Board
shall approve or reject the plan within 60 days after its
submission. If the plan is rejected the district shall give
written notice of intent to modify the plan within 15 days of
the notification of rejection and then submit a modified plan
within 30 days after the date of the written notice of intent
to modify. Districts may amend approved plans pursuant to
rules promulgated by the State Board of Education.
Upon notification by the State Board of Education that
the district has not submitted a plan prior to July 15 or a
modified plan within the time period specified herein, the
State aid funds affected by said plan or modified plan shall
be withheld by the State Board of Education until a plan or
modified plan is submitted.
If the district fails to distribute State aid to
attendance centers in accordance with an approved plan, the
plan for the following year shall allocate funds, in addition
to the funds otherwise required by this subparagraph, to
those attendance centers which were underfunded during the
previous year in amounts equal to such underfunding.
For purposes of determining compliance with this
subsection in relation to Chapter 1 expenditures, each
district subject to the provisions of this subsection shall
submit as a separate document by December 1 of each year a
report of Chapter 1 expenditure data for the prior year in
addition to any modification of its current plan. If it is
determined that there has been a failure to comply with the
expenditure provisions of this subsection regarding
contravention or supplanting, the State Superintendent of
Education shall, within 60 days of receipt of the report,
notify the district and any affected local school council.
The district shall within 45 days of receipt of that
notification inform the State Superintendent of Education of
the remedial or corrective action to be taken, whether by
amendment of the current plan, if feasible, or by adjustment
in the plan for the following year. Failure to provide the
expenditure report or the notification of remedial or
corrective action in a timely manner shall result in a
withholding of the affected funds.
The State Board of Education shall promulgate rules and
regulations to implement the provisions of this subsection
5(i)(1). No funds shall be released under subsection 1(n) of
this Section or under this subsection 5(i)(1) to any district
which has not submitted a plan which has been approved by the
State Board of Education.
(2) School districts with an average daily attendance of
more than 1,000 and less than 50,000 and having a low income
pupil weighting factor in excess of .53 shall submit a plan
to the State Board of Education prior to October 30 of each
year for the use of the funds resulting from the application
of subsection 1(n) of this Section for the improvement of
instruction in which priority is given to meeting the
education needs of disadvantaged children. Such plan shall
be submitted in accordance with rules and regulations
promulgated by the State Board of Education.
(j) For the purposes of calculating State aid under this
Section, with respect to any part of a school district within
a redevelopment project area in respect to which a
municipality has adopted tax increment allocation financing
pursuant to the Tax Increment Allocation Redevelopment Act,
Sections 11-74.4-1 through 11-74.4-11 of the Illinois
Municipal Code or the Industrial Jobs Recovery Law, Sections
11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
no part of the current equalized assessed valuation of real
property located in any such project area which is
attributable to an increase above the total initial equalized
assessed valuation of such property shall be used in
computing the equalized assessed valuation per weighted ADA
pupil in the district, until such time as all redevelopment
project costs have been paid, as provided in Section
11-74.4-8 of the Tax Increment Allocation Redevelopment Act
or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
For the purpose of computing the equalized assessed valuation
per weighted ADA pupil in the district the total initial
equalized assessed valuation or the current equalized
assessed valuation, whichever is lower, shall be used until
such time as all redevelopment project costs have been paid.
(k) For a school district operating under the financial
supervision of an Authority created under Article 34A, the
State aid otherwise payable to that district under this
Section, other than State aid attributable to Chapter 1
students, shall be reduced by an amount equal to the budget
for the operations of the Authority as certified by the
Authority to the State Board of Education, and an amount
equal to such reduction shall be paid to the Authority
created for such district for its operating expenses in the
manner provided in Section 18-11. The remainder of State
school aid for any such district shall be paid in accordance
with Article 34A when that Article provides for a disposition
other than that provided by this Article.
(l) For purposes of calculating State aid under this
Section, the equalized assessed valuation for a school
district used to compute State aid shall be determined by
adding to the real property equalized assessed valuation for
the district an amount computed by dividing the amount of
money received by the district under the provisions of "An
Act in relation to the abolition of ad valorem personal
property tax and the replacement of revenues lost thereby",
certified August 14, 1979, by the total tax rate for the
district. For purposes of this subsection 1976 tax rates
shall be used for school districts in the county of Cook and
1977 tax rates shall be used for school districts in all
other counties.
(m) (1) For a new school district formed by combining
property included totally within 2 or more previously
existing school districts, for its first year of existence or
if the new district was formed after October 31, 1982 and
prior to September 23, 1985, for the year immediately
following September 23, 1985, the State aid calculated under
this Section shall be computed for the new district and for
the previously existing districts for which property is
totally included within the new district. If the computation
on the basis of the previously existing districts is greater,
a supplementary payment equal to the difference shall be made
for the first 3 years of existence of the new district or if
the new district was formed after October 31, 1982 and prior
to September 23, 1985, for the 3 years immediately following
September 23, 1985.
(2) For a school district which annexes all of the
territory of one or more entire other school districts, for
the first year during which the change of boundaries
attributable to such annexation becomes effective for all
purposes as determined under Section 7-9 or 7A-8, the State
aid calculated under this Section shall be computed for the
annexing district as constituted after the annexation and for
the annexing and each annexed district as constituted prior
to the annexation; and if the computation on the basis of the
annexing and annexed districts as constituted prior to the
annexation is greater, a supplementary payment equal to the
difference shall be made for the first 3 years of existence
of the annexing school district as constituted upon such
annexation.
(3) For 2 or more school districts which annex all of
the territory of one or more entire other school districts,
and for 2 or more community unit districts which result upon
the division (pursuant to petition under Section 11A-2) of
one or more other unit school districts into 2 or more parts
and which together include all of the parts into which such
other unit school district or districts are so divided, for
the first year during which the change of boundaries
attributable to such annexation or division becomes effective
for all purposes as determined under Section 7-9 or 11A-10,
as the case may be, the State aid calculated under this
Section shall be computed for each annexing or resulting
district as constituted after the annexation or division and
for each annexing and annexed district, or for each resulting
and divided district, as constituted prior to the annexation
or division; and if the aggregate of the State aid as so
computed for the annexing or resulting districts as
constituted after the annexation or division is less than the
aggregate of the State aid as so computed for the annexing
and annexed districts, or for the resulting and divided
districts, as constituted prior to the annexation or
division, then a supplementary payment equal to the
difference shall be made and allocated between or among the
annexing or resulting districts, as constituted upon such
annexation or division, for the first 3 years of their
existence. The total difference payment shall be allocated
between or among the annexing or resulting districts in the
same ratio as the pupil enrollment from that portion of the
annexed or divided district or districts which is annexed to
or included in each such annexing or resulting district bears
to the total pupil enrollment from the entire annexed or
divided district or districts, as such pupil enrollment is
determined for the school year last ending prior to the date
when the change of boundaries attributable to the annexation
or division becomes effective for all purposes. The amount
of the total difference payment and the amount thereof to be
allocated to the annexing or resulting districts shall be
computed by the State Board of Education on the basis of
pupil enrollment and other data which shall be certified to
the State Board of Education, on forms which it shall provide
for that purpose, by the regional superintendent of schools
for each educational service region in which the annexing and
annexed districts, or resulting and divided districts are
located.
(4) If a unit school district annexes all the territory
of another unit school district effective for all purposes
pursuant to Section 7-9 on July 1, 1988, and if part of the
annexed territory is detached within 90 days after July 1,
1988, then the detachment shall be disregarded in computing
the supplementary State aid payments under this paragraph (m)
for the entire 3 year period and the supplementary State aid
payments shall not be diminished because of the detachment.
(5) Any supplementary State aid payment made under this
paragraph (m) shall be treated as separate from all other
payments made pursuant to this Section.
(n) For the purposes of calculating State aid under this
Section, the real property equalized assessed valuation for a
school district used to compute State aid shall be determined
by subtracting from the real property value as equalized or
assessed by the Department of Revenue for the district an
amount computed by dividing the amount of any abatement of
taxes under Section 18-170 of the Property Tax Code by the
maximum operating tax rates specified in subsection 5(c) of
this Section and an amount computed by dividing the amount of
any abatement of taxes under subsection (a) of Section 18-165
of the Property Tax Code by the maximum operating tax rates
specified in subsection 5(c) of this Section.
(o) Notwithstanding any other provisions of this
Section, for the 1996-1997 school year the amount of the
aggregate general State aid entitlement that is received
under this Section by each school district for that school
year shall be not less than the amount of the aggregate
general State aid entitlement that was received by the
district under this Section for the 1995-1996 school year. If
a school district is to receive an aggregate general State
aid entitlement under this Section for the 1996-1997 school
year that is less than the amount of the aggregate general
State aid entitlement that the district received under this
Section for the 1995-1996 school year, the school district
shall also receive, from a separate appropriation made for
purposes of this paragraph (o), a supplementary payment that
is equal to the amount by which the general State aid
entitlement received by the district under this Section for
the 1995-1996 school year exceeds the general State aid
entitlement that the district is to receive under this
Section for the 1996-1997 school year. If the amount
appropriated for supplementary payments to school districts
under this paragraph (o) is insufficient for that purpose,
the supplementary payments that districts are to receive
under this paragraph shall be prorated according to the
aggregate amount of the appropriation made for purposes of
this paragraph.
B. In calculating the amount to be paid to the governing
board of a public university that operates a laboratory
school under this Section or to any alternative school that
is operated by a regional superintendent, the State Board of
Education shall require by rule such reporting requirements
as it deems necessary.
As used in this Section, "laboratory school" means a
public school which is created and operated by a public
university and approved by the State Board of Education. The
governing board of a public university which receives funds
from the State Board under this subsection B may not increase
the number of students enrolled in its laboratory school from
a single district, if that district is already sending 50 or
more students, except under a mutual agreement between the
school board of a student's district of residence and the
university which operates the laboratory school. A
laboratory school may not have more than 1,000 students,
excluding students with disabilities in a special education
program.
As used in this Section, "alternative school" means a
public school which is created and operated by a Regional
Superintendent of Schools and approved by the State Board of
Education. Such alternative schools may offer courses of
instruction for which credit is given in regular school
programs, courses to prepare students for the high school
equivalency testing program or vocational and occupational
training.
Each laboratory and alternative school shall file, on
forms provided by the State Superintendent of Education, an
annual State aid claim which states the average daily
attendance of the school's students by month. The best 3
months' average daily attendance shall be computed for each
school. The weighted average daily attendance shall be
computed and the weighted average daily attendance for the
school's most recent 3 year average shall be compared to the
most recent weighted average daily attendance, and the
greater of the 2 shall be used for the calculation under this
subsection B. The general State aid entitlement shall be
computed by multiplying the school's student count by the
foundation level as determined under this Section.
(Source: P.A. 88-9; 88-45; 88-89; 88-386; 88-511; 88-537;
88-555; 88-641; 88-670, eff. 12-2-94; 89-15, eff. 5-30-95;
89-235, eff. 8-4-95; 89-397, eff. 8-20-95; 89-610, eff.
8-6-96; 89-618, eff. 8-9-96; 89-626, eff. 8-9-96; 89-679,
eff. 8-16-96; revised 9-10-96.)
(105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
Sec. 24-2. Holidays. Teachers shall not be required to
teach on Saturdays; nor shall teachers or other school
employees, other than noncertificated school employees whose
presence is necessary because of an emergency or for the
continued operation and maintenance of school facilities or
property, be required to work on legal school holidays, which
are January 1, New Year's Day; the third Monday in January,
the Birthday of Dr. Martin Luther King, Jr.; February 12, the
Birthday of President Abraham Lincoln; the first Monday in
March (to be known as Casimir Pulaski's birthday); Good
Friday; the day designated as Memorial Day by federal law;
July 4, Independence Day; the first Monday in September,
Labor Day; the second Monday in October, Columbus Day;
November 11, Veteran's Day; the Thursday in November commonly
called Thanksgiving Day; and December 25, Christmas Day.
School boards may grant special holidays whenever in their
judgment such action is advisable, except that no school
board or board of education in a school district having a
population exceeding 500,000 the board of education may not
designate or observe as a legal or special holiday on which
teachers or other school employees are not required to work
the days on which general elections for members of the
Illinois House of Representatives are held. No deduction
shall be made from the time or compensation of a school
employee on account of any legal or special holiday.
Commemorative holidays, which recognize specified
patriotic, civic, cultural or historical persons, activities,
or events, are regular school days. Commemorative holidays
are: January 28 (to be known as Christa McAuliffe Day and
observed as a commemoration of space exploration), February
15 (the birthday of Susan B. Anthony), March 29 (Viet Nam War
Veterans Day), the school day immediately preceding Veteran's
Day (Korean War Veterans Day), October 1 (Recycling Day),
December 7 (Pearl Harbor Veterans Day) and any day so
appointed by the President or Governor. School boards may
establish commemorative holidays whenever in their judgment
such action is advisable. School boards shall include
instruction relative to commemorated persons, activities, or
events on the commemorative holiday or at any other time
during the school year and at any point in the curriculum
when such instruction may be deemed appropriate. The State
Board of Education shall prepare and make available to school
boards instructional materials relative to commemorated
persons, activities, or events which may be used by school
boards in conjunction with any instruction provided pursuant
to this paragraph.
City of Chicago School District 299 shall observe March 4
of each year as a commemorative holiday. This holiday shall
be known as Mayors' Day which shall be a day to commemorate
and be reminded of the past Chief Executive Officers of the
City of Chicago, and in particular the late Mayor Richard J.
Daley and the late Mayor Harold Washington. If March 4 falls
on a Saturday or Sunday, Mayors' Day shall be observed on the
following Monday.
(Source: P.A. 89-610, eff. 8-6-96; 89-622, eff. 8-9-96;
revised 9-9-96.)
(105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
Sec. 34-2.3. Local school councils - Powers and duties.
Each local school council shall have and exercise, consistent
with the provisions of this Article and the powers and duties
of the board of education, the following powers and duties:
1. To evaluate the performance of the principal of the
attendance center taking into consideration the annual
evaluation of the principal conducted by the general
superintendent pursuant to subsection (h) of Section 34-8.3,
to determine in the manner provided by subsection (c) of
Section 34-2.2 whether the performance contract of the
principal shall be renewed, and to directly select in the
manner provided by subsection (c) of Section 34-2.2 a new
principal (including a new principal to fill a vacancy) --
without submitting any list of candidates for that position
to the general superintendent as provided in paragraph 2 of
this Section -- to serve under a 4 year performance contract;
provided that (i) the determination of whether the
principal's performance contract is to be renewed and -- in
cases where such performance contract is not renewed -- a
direct selection of a new principal -- to serve under a 4
year performance contract shall be made by the local school
council by April 15 of the calendar year in which the current
performance contract of the principal expires, and (ii) a
direct selection by the local school council of a new
principal to fill a vacancy under a 4 year performance
contract shall be made within 90 days after the date such
vacancy occurs. A Council shall be required, if requested by
the principal, to provide in writing the reasons for the
council's not renewing the principal's contract.
2. In the event (i) the local school council does not
renew the performance contract of the principal, or the
principal fails to receive a satisfactory rating as provided
in subsection (h) of Section 34-8.3, or the principal is
removed for cause during the term of his or her performance
contract in the manner provided by Section 34-85, or a
vacancy in the position of principal otherwise occurs prior
to the expiration of the term of a principal's performance
contract, and (ii) the local school council fails to directly
select a new principal (including a new principal to fill a
vacancy) to serve under a 4 year performance contract, the
local school council in such event shall submit to the
general superintendent a list of 3 candidates -- listed in
the local school council's order of preference -- for the
position of principal, one of which shall be selected by the
general superintendent to serve as principal of the
attendance center. If the general superintendent fails or
refuses to select one of the candidates on the list to serve
as principal within 30 days after being furnished with the
candidate list, the local school council within 15 days after
such failure or refusal shall itself select one of the
candidates from the list as principal of the attendance
center. There shall be no discrimination on the basis of
race, sex, creed, color or disability unrelated to ability to
perform in connection with the submission of candidates for,
and the selection of a candidate to serve as principal of an
attendance center. No person shall be directly selected,
listed as a candidate for, or selected to serve as principal
of an attendance center (i) if such person has been removed
for cause from employment by the Board or (ii) if such person
does not hold a valid administrative certificate issued or
exchanged under Article 21 and endorsed as required by that
Article for the position of principal. A principal whose
performance contract is not renewed as provided under
subsection (c) of Section 34-2.2 may nevertheless, if
otherwise qualified and certified as herein provided and if
he or she has received a satisfactory rating as provided in
subsection (h) of Section 34-8.3, be included by a local
school council as one of the 3 candidates listed in order of
preference on any candidate list from which one person is to
be selected to serve as principal of the attendance center
under a new performance contract. The initial candidate list
required to be submitted by a local school council to the
general superintendent in cases where the local school
council does not renew the performance contract of its
principal and does not directly select a new principal to
serve under a 4 year performance contract shall be submitted
not later than May 1 of the calendar year in which such
performance contract expires. In cases where a principal is
removed for cause or a vacancy otherwise occurs in the
position of principal and the vacancy is not filled by direct
selection by the local school council, the candidate list
shall be submitted by the local school council to the general
superintendent not later than 90 days after the date such
removal or vacancy occurs.
2.5. Whenever a vacancy in the office of a principal
occurs for any reason, the vacancy shall be filled in the
manner provided by this Section by the selection of a new
principal to serve under a 4 year performance contract.
3. To establish additional criteria to be included as
part of the performance contract of its principal, provided
that such additional criteria shall not discriminate on the
basis of race, sex, creed, color or disability unrelated to
ability to perform, and shall not be inconsistent with the
uniform 4 year performance contract for principals developed
by the board as provided in Section 34-8.1 of the School Code
or with other provisions of this Article governing the
authority and responsibility of principals.
4. To approve the expenditure plan prepared by the
principal with respect to all funds allocated and distributed
to the attendance center by the Board. The expenditure plan
shall be administered by the principal. Notwithstanding any
other provision of this Act or any other law, any expenditure
plan approved and administered under this Section 34-2.3
shall be consistent with and subject to the terms of any
contract for services with a third party entered into by the
Chicago School Reform Board of Trustees or the board under
this Act.
Via a supermajority vote of 7 members of the local school
council or 8 members of a high school local school council,
the Council may transfer allocations pursuant to Section
34-2.3 within funds; provided that such a transfer is
consistent with applicable law and collective bargaining
agreements.
Beginning in fiscal year 1991 and in each fiscal year
thereafter, the Board may reserve up to 1% of its total
fiscal year budget for distribution on a prioritized basis to
schools throughout the school system in order to assure
adequate programs to meet the needs of special student
populations as determined by the Board. This distribution
shall take into account the needs catalogued in the
Systemwide Plan and the various local school improvement
plans of the local school councils. Information about these
centrally funded programs shall be distributed to the local
school councils so that their subsequent planning and
programming will account for these provisions.
Beginning in fiscal year 1991 and in each fiscal year
thereafter, from other amounts available in the applicable
fiscal year budget, the board shall allocate a lump sum
amount to each local school based upon such formula as the
board shall determine taking into account the special needs
of the student body. The local school principal shall
develop an expenditure plan in consultation with the local
school council, the professional personnel advisory committee
and with all other school personnel, which reflects the
priorities and activities as described in the school's local
school improvement plan and is consistent with applicable law
and collective bargaining agreements and with board policies
and standards; however, the local school council shall have
the right to request waivers of board policy from the board
of education and waivers of employee collective bargaining
agreements pursuant to Section 34-8.1a.
The expenditure plan developed by the principal with
respect to amounts available from the fund for prioritized
special needs programs and the allocated lump sum amount must
be approved by the local school council.
The lump sum allocation shall take into account the
following principles:
a. Teachers: Each school shall be allocated funds
equal to the amount appropriated in the previous school
year for compensation for teachers (regular grades
kindergarten through 12th grade) plus whatever increases
in compensation have been negotiated contractually or
through longevity as provided in the negotiated
agreement. Adjustments shall be made due to layoff or
reduction in force, lack of funds or work, change in
subject requirements, enrollment changes, or contracts
with third parties for the performance of services or to
rectify any inconsistencies with system-wide allocation
formulas or for other legitimate reasons.
b. Other personnel: Funds for other teacher
certificated and uncertificated personnel paid through
non-categorical funds shall be provided according to
system-wide formulas based on student enrollment and the
special needs of the school as determined by the Board.
c. Non-compensation items: Appropriations for all
non-compensation items shall be based on system-wide
formulas based on student enrollment and on the special
needs of the school or factors related to the physical
plant, including but not limited to textbooks, supplies,
electricity, equipment, and routine maintenance.
d. Funds for categorical programs: Schools shall
receive personnel and funds based on, and shall use such
personnel and funds in accordance with State and Federal
requirements applicable to each categorical program
provided to meet the special needs of the student body
(including but not limited to, Federal Chapter I,
Bilingual, and Special Education).
d.1. Funds for State Title I: Each school shall
receive funds based on State and Board requirements
applicable to each State Title I pupil provided to meet
the special needs of the student body. Each school shall
receive the proportion of funds as provided in Section
18-8 to which they are entitled. These funds shall be
spent only with the budgetary approval of the Local
School Council as provided in Section 34-2.3.
e. The Local School Council shall have the right to
request the principal to close positions and open new
ones consistent with the provisions of the local school
improvement plan provided that these decisions are
consistent with applicable law and collective bargaining
agreements. If a position is closed, pursuant to this
paragraph, the local school shall have for its use the
system-wide average compensation for the closed position.
f. Operating within existing laws and collective
bargaining agreements, the local school council shall
have the right to direct the principal to shift
expenditures within funds.
g. (Blank).
Any funds unexpended at the end of the fiscal year shall
be available to the board of education for use as part of its
budget for the following fiscal year.
5. To make recommendations to the principal concerning
textbook selection and concerning curriculum developed
pursuant to the school improvement plan which is consistent
with systemwide curriculum objectives in accordance with
Sections 34-8 and 34-18 of the School Code and in conformity
with the collective bargaining agreement.
6. To advise the principal concerning the attendance and
disciplinary policies for the attendance center, subject to
the provisions of this Article and Article 26, and consistent
with the uniform system of discipline established by the
board pursuant to Section 34-19.
7. To approve a school improvement plan developed as
provided in Section 34-2.4. The process and schedule for plan
development shall be publicized to the entire school
community, and the community shall be afforded the
opportunity to make recommendations concerning the plan. At
least twice a year the principal and local school council
shall report publicly on progress and problems with respect
to plan implementation.
8. To evaluate the allocation of teaching resources and
other certificated and uncertificated staff to the attendance
center to determine whether such allocation is consistent
with and in furtherance of instructional objectives and
school programs reflective of the school improvement plan
adopted for the attendance center; and to make
recommendations to the board, the general superintendent and
the principal concerning any reallocation of teaching
resources or other staff whenever the council determines that
any such reallocation is appropriate because the
qualifications of any existing staff at the attendance center
do not adequately match or support instructional objectives
or school programs which reflect the school improvement plan.
9. To make recommendations to the principal and the
general superintendent concerning their respective
appointments, after August 31, 1989, and in the manner
provided by Section 34-8 and Section 34-8.1, of persons to
fill any vacant, additional or newly created positions for
teachers at the attendance center or at attendance centers
which include the attendance center served by the local
school council.
10. To request of the Board the manner in which training
and assistance shall be provided to the local school council.
Pursuant to Board guidelines a local school council is
authorized to direct the Board of Education to contract with
personnel or not-for-profit organizations not associated with
the school district to train or assist council members. If
training or assistance is provided by contract with personnel
or organizations not associated with the school district, the
period of training or assistance shall not exceed 30 hours
during a given school year; person shall not be employed on a
continuous basis longer than said period and shall not have
been employed by the Chicago Board of Education within the
preceding six months. Council members shall receive training
in at least the following areas:
1. school budgets;
2. educational theory pertinent to the attendance
center's particular needs, including the development of
the school improvement plan and the principal's
performance contract; and
3. personnel selection.
Council members shall, to the greatest extent possible,
complete such training within 90 days of election.
11. In accordance with systemwide guidelines contained
in the System-Wide Educational Reform Goals and Objectives
Plan, criteria for evaluation of performance shall be
established for local school councils and local school
council members. If a local school council persists in
noncompliance with systemwide requirements, the Board may
impose sanctions and take necessary corrective action,
consistent with Section 34-8.3.
12. Each local school council shall comply with the Open
Meetings Act and the Freedom of Information Act. Each local
school council shall issue and transmit to its school
community a detailed annual report accounting for its
activities programmatically and financially. Each local
school council shall convene at least 2 well-publicized
meetings annually with its entire school community. These
meetings shall include presentation of the proposed local
school improvement plan, of the proposed school expenditure
plan, and the annual report, and shall provide an opportunity
for public comment.
13. Each local school council is encouraged to involve
additional non-voting members of the school community in
facilitating the council's exercise of its responsibilities.
14. The local school council may adopt a school uniform
or dress code policy that governs the attendance center and
that is necessary to maintain the orderly process of a school
function or prevent endangerment of student health or safety,
consistent with the policies and rules of the Board of
Education. A school uniform or dress code policy adopted by a
local school council: (i) shall not be applied in such manner
as to discipline or deny attendance to a transfer student or
any other student for noncompliance with that policy during
such period of time as is reasonably necessary to enable the
student to acquire a school uniform or otherwise comply with
the dress code policy that is in effect at the attendance
center into which the student's enrollment is transferred;
and (ii) shall include criteria and procedures under which
the local school council will accommodate the needs of or
otherwise provide appropriate resources to assist a student
from an indigent family in complying with an applicable
school uniform or dress code policy. A student whose parents
or legal guardians object on religious grounds to the
student's compliance with an applicable school uniform or
dress code policy shall not be required to comply with that
policy if the student's parents or legal guardians present to
the local school council a signed statement of objection
detailing the grounds for the objection.
15. All decisions made and actions taken by the local
school council in the exercise of its powers and duties shall
comply with State and federal laws, all applicable collective
bargaining agreements, court orders and rules properly
promulgated by the Board.
15a. To grant, in accordance with board rules and
policies, the use of assembly halls and classrooms when not
otherwise needed, including lighting, heat, and attendants,
for public lectures, concerts, and other educational and
social activities.
15b. To approve, in accordance with board rules and
policies, receipts and expenditures for all internal accounts
of the attendance center, and to approve all fund-raising
activities by nonschool organizations that use the school
building.
16. (Blank).
17. Names and addresses of local school council members
shall be a matter of public record.
(Source: P.A. 88-85; 88-511; 88-686, eff. 1-24-95; 89-15,
eff. 5-30-95; 89-610, eff. 8-6-96; 89-636, eff. 8-9-96;
revised 9-9-96.)
Section 2-140. The Illinois Banking Act is amended by
changing Sections 2, 13, 47, and 48 as follows:
(205 ILCS 5/2) (from Ch. 17, par. 302)
Sec. 2. General definitions. In this Act, unless the
context otherwise requires, the following words and phrases
shall have the following meanings:
"Accommodation party" shall have the meaning ascribed to
that term in Section 3-415 of the Uniform Commercial Code.
"Action" in the sense of a judicial proceeding includes
recoupments, counterclaims, set-off, and any other proceeding
in which rights are determined.
"Affiliate facility" of a bank means a main banking
premises or branch of another commonly owned bank. The main
banking premises or any branch of a bank may be an "affiliate
facility" with respect to one or more other commonly owned
banks.
"Appropriate federal banking agency" means the Federal
Deposit Insurance Corporation, the Federal Reserve Bank of
Chicago, or the Federal Reserve Bank of St. Louis, as
determined by federal law.
"Bank" means any person doing a banking business whether
subject to the laws of this or any other jurisdiction.
A "banking house", "branch", "branch bank" or "branch
office" shall mean any place of business of a bank at which
deposits are received, checks paid, or loans made, but shall
not include any place at which only records thereof are made,
posted, or kept. A place of business at which deposits are
received, checks paid, or loans made shall not be deemed to
be a branch, branch bank, or branch office if the place of
business is adjacent to and connected with the main banking
premises, or if it is separated from the main banking
premises by not more than an alley; provided always that (i)
if the place of business is separated by an alley from the
main banking premises there is a connection between the two
by public or private way or by subterranean or overhead
passage, and (ii) if the place of business is in a building
not wholly occupied by the bank, the place of business shall
not be within any office or room in which any other business
or service of any kind or nature other than the business of
the bank is conducted or carried on. A place of business at
which deposits are received, checks paid, or loans made shall
not be deemed to be a branch, branch bank, or branch office
(i) of any bank if the place is an automatic teller machine
established and maintained in accordance with paragraph (16)
of Section 5 of this Act, or (ii) of any bank if the place is
a point of sale terminal established and maintained in
accordance with paragraph (17) of Section 5 of this Act, or
(iii) of a commonly owned bank by virtue of transactions
conducted at that place on behalf of the other commonly owned
bank under paragraph (23) of Section 5 of this Act if the
place is an affiliate facility with respect to the other
bank.
"Branch of an out-of-state bank" means a branch
established or maintained in Illinois by an out-of-state bank
as a result of a merger between an Illinois bank and the
out-of-state bank that occurs on or after May 31, 1997, or
any branch established by the out-of-state bank following the
merger.
"Call report fee" means the fee to be paid to the
Commissioner by each State bank pursuant to paragraph (a) of
subsection (3) of Section 48 of this Act.
"Capital" includes the aggregate of outstanding capital
stock and preferred stock.
"Cash flow reserve account" means the account within the
books and records of the Commissioner of Banks and Real
Estate used to record funds designated to maintain a
reasonable Bank and Trust Company Fund operating balance to
meet agency obligations on a timely basis.
"Charter" includes the original charter and all
amendments thereto and articles of merger or consolidation.
"Commissioner" means the Commissioner of Banks and Real
Estate or a person authorized by the Commissioner, the Office
of Banks and Real Estate Act, or this Act to act in the
Commissioner's stead.
"Commonly owned banks" means 2 or more banks that each
qualify as a bank subsidiary of the same bank holding company
pursuant to Section 18 of the Federal Deposit Insurance Act;
"commonly owned bank" refers to one of a group of commonly
owned banks but only with respect to one or more of the other
banks in the same group.
"Community" means a city, village, or incorporated town
in this State.
"Company" means a corporation, partnership, business
trust, association, or similar organization and, unless
specifically excluded, includes a "State bank" and a "bank".
"Consolidating bank" means a party to a consolidation.
"Consolidation" takes place when 2 or more banks, or a
trust company and a bank, are extinguished and by the same
process a new bank is created, taking over the assets and
assuming the liabilities of the banks or trust company
passing out of existence.
"Continuing bank" means a merging bank, the charter of
which becomes the charter of the resulting bank.
"Converting bank" means a State bank converting to become
a national bank, or a national bank converting to become a
State bank.
"Converting trust company" means a trust company
converting to become a State bank.
"Court" means a court of competent jurisdiction.
"Eligible depository institution" means an insured
savings association that is in default, an insured savings
association that is in danger of default, a State or national
bank that is in default or a State or national bank that is
in danger of default, as those terms are defined in this
Section, or a new bank as that term defined in Section 11(m)
of the Federal Deposit Insurance Act or a bridge bank as that
term is defined in Section 11(n) of the Federal Deposit
Insurance Act or a new federal savings association authorized
under Section 11(d)(2)(f) of the Federal Deposit Insurance
Act.
"Fiduciary" means trustee, agent, executor,
administrator, committee, guardian for a minor or for a
person under legal disability, receiver, trustee in
bankruptcy, assignee for creditors, or any holder of similar
position of trust.
"Financial institution" means a bank, savings and loan
association, credit union, or any licensee under the Consumer
Installment Loan Act or the Sales Finance Agency Act and, for
purposes of Section 48.3, any proprietary network, funds
transfer corporation, or other entity providing electronic
funds transfer services, or any corporate fiduciary, its
subsidiaries, affiliates, parent company, or contractual
service provider that is examined by the Commissioner.
"Foundation" means the Illinois Bank Examiners' Education
Foundation.
"General obligation" means a bond, note, debenture,
security, or other instrument evidencing an obligation of the
issuer that is supported by the full available resources of
the issuer, the principal and interest of which is payable in
whole or in part by taxation.
"Guarantee" means an undertaking or promise to answer for
payment of another's debt or performance of another's duty,
liability, or obligation whether "payment guaranteed" or
"collection guaranteed".
"In danger of default" means a State or national bank, a
federally chartered insured savings association or an
Illinois state chartered insured savings association with
respect to which the Commissioner or the appropriate federal
banking agency has advised the Federal Deposit Insurance
Corporation that:
(1) in the opinion of the Commissioner or the
appropriate federal banking agency,
(A) the State or national bank or insured
savings association is not likely to be able to meet
the demands of the State or national bank's or
savings association's obligations in the normal
course of business; and
(B) there is no reasonable prospect that the
State or national bank or insured savings
association will be able to meet those demands or
pay those obligations without federal assistance; or
(2) in the opinion of the Commissioner or the
appropriate federal banking agency,
(A) the State or national bank or insured
savings association has incurred or is likely to
incur losses that will deplete all or substantially
all of its capital; and
(B) there is no reasonable prospect that the
capital of the State or national bank or insured
savings association will be replenished without
federal assistance.
"In default" means, with respect to a State or national
bank or an insured savings association, any adjudication or
other official determination by any court of competent
jurisdiction, the Commissioner, the appropriate federal
banking agency, or other public authority pursuant to which a
conservator, receiver, or other legal custodian is appointed
for a State or national bank or an insured savings
association.
"Insured savings association" means any federal savings
association chartered under Section 5 of the federal Home
Owners' Loan Act and any State savings association chartered
under the Illinois Savings and Loan Act of 1985 or a
predecessor Illinois statute, the deposits of which are
insured by the Federal Deposit Insurance Corporation. The
term also includes a savings bank organized or operating
under the Savings Bank Act.
"Insured savings association in recovery" means an
insured savings association that is not an eligible
depository institution and that does not meet the minimum
capital requirements applicable with respect to the insured
savings association.
"Issuer" means for purposes of Section 33 every person
who shall have issued or proposed to issue any security;
except that (1) with respect to certificates of deposit,
voting trust certificates, collateral-trust certificates, and
certificates of interest or shares in an unincorporated
investment trust not having a board of directors (or persons
performing similar functions), "issuer" means the person or
persons performing the acts and assuming the duties of
depositor or manager pursuant to the provisions of the trust,
agreement, or instrument under which the securities are
issued; (2) with respect to trusts other than those specified
in clause (1) above, where the trustee is a corporation
authorized to accept and execute trusts, "issuer" means the
entrusters, depositors, or creators of the trust and any
manager or committee charged with the general direction of
the affairs of the trust pursuant to the provisions of the
agreement or instrument creating the trust; and (3) with
respect to equipment trust certificates or like securities,
"issuer" means the person to whom the equipment or property
is or is to be leased or conditionally sold.
"Letter of credit" and "customer" shall have the meanings
ascribed to those terms in Section 5-102 of the Uniform
Commercial Code.
"Main banking premises" means the location that is
designated in a bank's charter as its main office.
"Maker or obligor" means for purposes of Section 33 the
issuer of a security, the promisor in a debenture or other
debt security, or the mortgagor or grantor of a trust deed or
similar conveyance of a security interest in real or personal
property.
"Merged bank" means a merging bank that is not the
continuing, resulting, or surviving bank in a consolidation
or merger.
"Merger" includes consolidation.
"Merging bank" means a party to a bank merger.
"Merging trust company" means a trust company party to a
merger with a State bank.
"Mid-tier bank holding company" means a corporation that
(a) owns 100% of the issued and outstanding shares of each
class of stock of a State bank, (b) has no other
subsidiaries, and (c) 100% of the issued and outstanding
shares of the corporation are owned by a parent bank holding
company.
"Municipality" means any municipality, political
subdivision, school district, taxing district, or agency.
"National bank" means a national banking association
located in this State and after May 31, 1997, means a
national banking association without regard to its location.
"Out-of-state bank" means a bank chartered under the laws
of a state other than Illinois, a territory of the United
States, or the District of Columbia.
"Parent bank holding company" means a corporation that is
a bank holding company as that term is defined in the
Illinois Bank Holding Company Act of 1957 and owns 100% of
the issued and outstanding shares of a mid-tier bank holding
company.
"Person" means an individual, corporation, partnership,
joint venture, trust, estate, or unincorporated association.
"Public agency" means the State of Illinois, the various
counties, townships, cities, towns, villages, school
districts, educational service regions, special road
districts, public water supply districts, fire protection
districts, drainage districts, levee districts, sewer
districts, housing authorities, the Illinois Bank Examiners'
Education Foundation, the Chicago Park District, and all
other political corporations or subdivisions of the State of
Illinois, whether now or hereafter created, whether herein
specifically mentioned or not, and shall also include any
other state or any political corporation or subdivision of
another state.
"Public funds" or "public money" means current operating
funds, special funds, interest and sinking funds, and funds
of any kind or character belonging to, in the custody of, or
subject to the control or regulation of the United States or
a public agency. "Public funds" or "public money" shall
include funds held by any of the officers, agents, or
employees of the United States or of a public agency in the
course of their official duties and, with respect to public
money of the United States, shall include Postal Savings
funds.
"Published" means, unless the context requires otherwise,
the publishing of the notice or instrument referred to in
some newspaper of general circulation in the community in
which the bank is located at least once each week for 3
successive weeks. Publishing shall be accomplished by, and
at the expense of, the bank required to publish. Where
publishing is required, the bank shall submit to the
Commissioner that evidence of the publication as the
Commissioner shall deem appropriate.
"Recorded" means the filing or recording of the notice or
instrument referred to in the office of the Recorder of the
county wherein the bank is located.
"Resulting bank" means the bank resulting from a merger
or conversion.
"Securities" means stocks, bonds, debentures, notes, or
other similar obligations.
"Stand-by letter of credit" means a letter of credit
under which drafts are payable upon the condition the
customer has defaulted in performance of a duty, liability,
or obligation.
"State bank" means any banking corporation that has a
banking charter issued by the Commissioner under this Act.
"State Banking Board" means the State Banking Board of
Illinois.
"Subsidiary" with respect to a specified company means a
company that is controlled by the specified company. For
purposes of paragraphs (8) and (12) of Section 5 of this Act,
"control" means the exercise of operational or managerial
control of a corporation by the bank, either alone or
together with other affiliates of the bank.
"Surplus" means the aggregate of (i) amounts paid in
excess of the par value of capital stock and preferred stock;
(ii) amounts contributed other than for capital stock and
preferred stock and allocated to the surplus account; and
(iii) amounts transferred from undivided profits.
"Tier 1 Capital" and "Tier 2 Capital" have the meanings
assigned to those terms in regulations promulgated for the
appropriate federal banking agency of a state bank, as those
regulations are now or hereafter amended.
"Trust company" means a corporation incorporated in this
State for the purpose of accepting and executing trusts.
"Undivided profits" means undistributed earnings less
discretionary transfers to surplus.
"Unimpaired capital and unimpaired surplus", for the
purposes of paragraph (21) of Section 5 and Sections 32, 33,
34, 35.1, 35.2, and 47 of this Act means the sum of the state
bank's Tier 1 Capital and Tier 2 Capital plus such other
shareholder equity as may be included by regulation of the
Commissioner. Unimpaired capital and unimpaired surplus
shall be calculated on the basis of the date of the last
quarterly call report filed with the Commissioner preceding
the date of the transaction for which the calculation is
made, provided that: (i) when a material event occurs after
the date of the last quarterly call report filed with the
Commissioner that reduces or increases the bank's unimpaired
capital and unimpaired surplus by 10% or more, then the
unimpaired capital and unimpaired surplus shall be calculated
from the date of the material event for a transaction
conducted after the date of the material event; and (ii) if
the Commissioner determines for safety and soundness reasons
that a state bank should calculate unimpaired capital and
unimpaired surplus more frequently than provided by this
paragraph, the Commissioner may by written notice direct the
bank to calculate unimpaired capital and unimpaired surplus
at a more frequent interval. In the case of a state bank
newly chartered under Section 13 or a state bank resulting
from a merger, consolidation, or conversion under Sections 21
through 26 for which no preceding quarterly call report has
been filed with the Commissioner, unimpaired capital and
unimpaired surplus shall be calculated for the first calendar
quarter on the basis of the effective date of the charter,
merger, consolidation, or conversion.
(Source: P.A. 88-45; 88-271; 88-546; 89-208, eff. 9-29-95;
89-364, eff. 8-18-95; revised 9-18-95; 89-508, eff. 7-3-96;
89-534, eff. 1-1-97; 89-567, eff. 7-26-96; 89-626, eff.
8-9-96; revised 8-27-96.)
(205 ILCS 5/13) (from Ch. 17, par. 320)
Sec. 13. Issuance of charter.
(a) When the directors have organized as provided in
Section 12 of this Act, and the capital stock and the
preferred stock, if any, together with a surplus of not less
than 50% of the capital, and a reserve for operating expenses
of at least 25% of the capital, has been all fully paid in
and a record of the same filed with the Commissioner, the
Commissioner or some competent person of the Commissioner's
appointment shall make a thorough examination into the
affairs of the proposed bank, and if satisfied that all the
requirements of this Act have been complied with, and that no
intervening circumstance has occurred to change the
Commissioner's findings made pursuant to Section 10 of this
Act, upon payment into the Commissioner's office of the
reasonable expenses of the examination, as determined by the
Commissioner, the Commissioner shall issue a charter
authorizing the bank to commence business as authorized in
this Act. All charters issued by the Commissioner or any
predecessor agency which chartered State banks, including any
charter outstanding as of September 1, 1989, shall be
perpetual. For the 2 years after the Commissioner has issued
a charter to a bank, the bank shall request and obtain from
the Commissioner prior written approval before it may change
senior management personnel or directors.
The charter, duly certified by the Commissioner, shall be
recorded, and the original or a certified copy shall be
evidence in all courts and places of the existence and
authority of the bank to do business. Upon the recording of
the charter the bank shall be deemed fully organized and may
proceed to do business. The Commissioner may, in the
Commissioner's discretion, withhold the issuing of the
charter when the Commissioner has reason to believe that the
bank is organized for any purpose other than that
contemplated by this Act or that a commission or fee has been
paid in connection with the sale of the stock of the bank.
The Commissioner shall revoke the charter and order
liquidation in the event that the bank does not commence a
general banking business within one year from the date of the
issuance of the charter, unless a request has been submitted,
in writing, to the Commissioner for an extension and the
request has been approved. After commencing a general
banking business, a bank, upon written notice to the
Commissioner, may change its name.
(b) (1) The Commissioner may also issue a charter to a
bank that is owned exclusively by other depository
institutions or depository institution holding companies and
is organized to engage exclusively in providing services to
or for other depository institutions, their holding
companies, and the officers, directors, and employees of such
institutions and companies, and in providing correspondent
banking services at the request of other depository
institutions or their holding companies (also referred to as
a "bankers' bank").
(2) A bank chartered pursuant to paragraph (1) shall,
except as otherwise specifically determined by the
Commissioner, be vested with the same rights and privileges
and subject to the same duties, restrictions, penalties, and
liabilities now or hereafter imposed under this Act.
(c) A bank chartered under this Act after November 1,
1985, and an out-of-state bank that merges with a State bank
and establishes or maintains a branch in this State after May
31, 1997, shall obtain from and, at all times while it
accepts or retains deposits, maintain with the Federal
Deposit Insurance Corporation, or such other instrumentality
of or corporation chartered by the United States, deposit
insurance as authorized under federal law.
(d) (i) A bank that has a banking charter issued by the
Commissioner under this Act may, pursuant to a written
purchase and assumption agreement, transfer substantially all
of its assets to another State bank or national bank in
consideration, in whole or in part, for the transferee banks'
assumption of any part or all of its liabilities. Such a
transfer shall in no way be deemed to impair the charter of
the transferor bank or cause the transferor bank to forfeit
any of its rights, powers, interests, franchises, or
privileges as a State bank, nor shall any voluntary reduction
in the transferor bank's activities resulting from the
transfer have any such effect; provided, however, that a
State bank that transfers substantially all of its assets
pursuant to this subsection (d) and following the transfer
does not accept deposits and make loans, shall not have any
rights, powers, interests, franchises, or privileges under
subsection (15) of Section 5 of this Act until the bank has
resumed accepting deposits and making loans.
(ii) The fact that a State bank does not resume
accepting deposits and making loans for a period of 24 months
commencing on September 11, 1989 or on a date of the transfer
of substantially all of a State bank's assets, whichever is
later, or such longer period as the Commissioner may allow in
writing, may be the basis for a finding by the Commissioner
under Section 51 of this Act that the bank is unable to
continue operations.
(iii) The authority provided by subdivision (i) of this
subsection (d)(i) shall terminate on May 31, 1997, and no
bank that has transferred substantially all of its assets
pursuant to this subsection (d) shall continue in existence
after May 31, 1997.
(Source: P.A. 89-208, eff. 9-29-95; 89-567, eff. 7-26-96;
89-603, eff. 8-2-96; revised 9-9-96.)
(205 ILCS 5/47) (from Ch. 17, par. 358)
Sec. 47. Reports to Commissioner.
(a) All State banks shall make a full and accurate
statement of their affairs at least 1 time during each
calendar quarter which shall be certified to, under oath by
the president, a vice-president or the cashier of such bank.
If the statement is submitted in electronic form, the
Commissioner may, in the call for the report, specify the
manner in which the appropriate officer of the bank shall
certify the statement of affairs. The statement shall be
according to the form which may be prescribed by the
Commissioner and shall exhibit in detail information
concerning such bank at the close of business of any day the
Commissioner may choose and designate in a call for such
report. Each bank shall deliver its quarterly statement to
the location specified by the Commissioner within 30 calendar
days of the date of the call for such reports. If the
quarterly statement is mailed, it must be postmarked within
the period prescribed for delivery, and if the quarterly
statement is delivered in electronic form, the bank shall
generate and retain satisfactory proof that it has caused the
report to be delivered within the period prescribed for
delivery. Within 60 calendar days after the Commissioner's
call for the fourth calendar quarter statement of affairs, a
State bank shall publish an annual disclosure statement
setting forth the information required by rule of the
Commissioner. The disclosure statement shall contain the
required information as of the close of the business day
designated by the Commissioner for the fourth quarter
statement of affairs. Any bank failing to make and deliver
such statement or to comply with any provisions of this
Section may be subject to a penalty payable to the
Commissioner of $100 for each day of noncompliance.
(b) In addition to the foregoing reports, any bank which
is the victim of a shortage of funds in excess of $10,000, an
apparent misapplication of the bank's funds by an officer,
employee or director, or any adverse legal action in an
amount in excess of 10% of total unimpaired capital and
unimpaired surplus of the bank, including but not limited to,
the entry of an adverse money judgment against the bank or a
write-off of assets of the bank, shall report that
information in writing to the Commissioner within 7 days of
the occurrence. Neither the bank, its directors, officers,
employees or its agents, in the preparation or filing of the
reports required by subsection (b) of this Section, shall be
subject to any liability for libel, slander, or other charges
resulting from information supplied in such reports, except
when the supplying of such information is done in a corrupt
or malicious manner or otherwise not in good faith.
(Source: P.A. 89-505, eff. 6-28-96; 89-567, eff. 7-26-96;
revised 8-28-96.)
(205 ILCS 5/48) (from Ch. 17, par. 359)
Sec. 48. Commissioner's powers; duties. The Commissioner
shall have the powers and authority, and is charged with the
duties and responsibilities designated in this Act, and a
State bank shall not be subject to any other visitorial power
other than as authorized by this Act, except those vested in
the courts. In the performance of the Commissioner's duties:
(1) The Commissioner shall call for statements from all
State banks as provided in Section 47 at least one time
during each calendar quarter.
(2) (a) The Commissioner, as often as the Commissioner
shall deem necessary or proper, and at least once in each
year, shall appoint a suitable person or persons to make an
examination of the affairs of every State bank, except that
for every eligible State bank, as defined by regulation, the
Commissioner in lieu of an annual examination every other
year shall accept the examination made by the eligible State
bank's appropriate federal banking agency pursuant to Section
111 of the Federal Deposit Insurance Corporation Improvement
Act of 1991, provided the appropriate federal banking agency
has made such an examination. A person so appointed shall not
be a stockholder or officer or employee of any bank which
that person may be directed to examine, and shall have powers
to make a thorough examination into all the affairs of the
bank and in so doing to examine any of the officers or agents
or employees thereof on oath and shall make a full and
detailed report of the condition of the bank to the
Commissioner. In making the examination the examiners shall
include an examination of the affairs of all the affiliates
of the bank, as defined in subsection (b) of Section 35.2 of
this Act, as shall be necessary to disclose fully the
conditions of the affiliates, the relations between the bank
and the affiliates and the effect of those relations upon the
affairs of the bank, and in connection therewith shall have
power to examine any of the officers, directors, agents, or
employees of the affiliates on oath. After May 31, 1997, the
Commissioner may enter into cooperative agreements with state
regulatory authorities of other states to provide for
examination of State bank branches in those states, and the
Commissioner may accept reports of examinations of State bank
branches from those state regulatory authorities. These
cooperative agreements may set forth the manner in which the
other state regulatory authorities may be compensated for
examinations prepared for and submitted to the Commissioner.
(b) After May 31, 1997, the Commissioner is authorized
to examine, as often as the Commissioner shall deem necessary
or proper, branches of out-of-state banks. The Commissioner
may establish and may assess fees to be paid to the
Commissioner for examinations under this subsection (b). The
fees shall be borne by the out-of-state bank, unless the fees
are borne by the state regulatory authority that chartered
the out-of-state bank, as determined by a cooperative
agreement between the Commissioner and the state regulatory
authority that chartered the out-of-state bank.
(2.5) Whenever any State bank, any subsidiary or
affiliate of a State bank, or after May 31, 1997, any branch
of an out-of-state bank causes to be performed, by contract
or otherwise, any bank services for itself, whether on or off
its premises:
(a) that performance shall be subject to
examination by the Commissioner to the same extent as if
services were being performed by the bank or, after May
31, 1997, branch of the out-of-state bank itself on its
own premises; and
(b) the bank or, after May 31, 1997, branch of the
out-of-state bank shall notify the Commissioner of the
existence of a service relationship. The notification
shall be submitted with the first statement of condition
(as required by Section 47 of this Act) due after the
making of the service contract or the performance of the
service, whichever occurs first. The Commissioner shall
be notified of each subsequent contract in the same
manner.
For purposes of this subsection (2.5), the term "bank
services" means services such as sorting and posting of
checks and deposits, computation and posting of interest and
other credits and charges, preparation and mailing of checks,
statements, notices, and similar items, or any other
clerical, bookkeeping, accounting, statistical, or similar
functions performed for a State bank, including but not
limited to electronic data processing related to those bank
services.
(3) The expense of administering this Act, including the
expense of the examinations of State banks as provided in
this Act, shall to the extent of the amounts resulting from
the fees provided for in paragraphs (a), (a-2), and (b) of
this subsection (3) be assessed against and borne by the
State banks:
(a) Each bank shall pay to the Commissioner a Call
Report Fee which shall be paid in quarterly installments
equal to one-fourth of the sum of the annual fixed fee of
$800, plus a variable fee based on the assets shown on
the quarterly statement of condition delivered to the
Commissioner in accordance with Section 47 for the
preceding quarter according to the following schedule:
16¢ per $1,000 of the first $5,000,000 of total assets,
15¢ per $1,000 of the next $20,000,000 of total assets,
13¢ per $1,000 of the next $75,000,000 of total assets,
9¢ per $1,000 of the next $400,000,000 of total assets,
7¢ per $1,000 of the next $500,000,000 of total assets,
and 5¢ per $1,000 of all assets in excess of
$1,000,000,000, of the State bank. The Call Report Fee
shall be calculated by the Commissioner and billed to the
banks for remittance at the time of the quarterly
statements of condition provided for in Section 47. The
Commissioner may require payment of the fees provided in
this Section by an electronic transfer of funds or an
automatic debit of an account of each of the State banks.
In case more than one examination of any bank is deemed
by the Commissioner to be necessary in any fiscal year
and is performed at his direction, the Commissioner may
assess a reasonable additional fee to recover the cost of
the additional examination, but the additional fee shall
not exceed the sum of the remittances from the Call
Report Fees applicable to the 4 consecutive quarterly
statements of condition immediately preceding the date of
the additional examination. In lieu of the method and
amounts set forth in this paragraph (a) for the
calculation of the Call Report Fee, the Commissioner may
specify by rule that the Call Report Fees provided by
this Section may be assessed semiannually or some other
period and may provide in the rule the formula to be used
for calculating and assessing the periodic Call Report
Fees to be paid by State banks.
(a-1) If in the opinion of the Commissioner an
emergency exists or appears likely, the Commissioner may
assign an examiner or examiners to monitor the affairs of
a State bank with whatever frequency he deems
appropriate, including but not limited to a daily basis.
The reasonable and necessary expenses of the Commissioner
during the period of the monitoring shall be borne by the
subject bank. The Commissioner shall furnish the State
bank a statement of time and expenses if requested to do
so within 30 days of the conclusion of the monitoring
period.
(a-2) On and after January 1, 1990, the reasonable
and necessary expenses of the Commissioner during
examination of the performance of electronic data
processing services under subsection (2.5) shall be borne
by the banks for which the services are provided. An
amount, based upon a fee structure prescribed by the
Commissioner, shall be paid by the banks or, after May
31, 1997, branches of out-of-state banks receiving the
electronic data processing services along with the Call
Report Fee assessed under paragraph (a) of this
subsection (3).
(a-3) After May 31, 1997, the reasonable and
necessary expenses of the Commissioner during examination
of the performance of electronic data processing services
under subsection (2.5) at or on behalf of branches of
out-of-state banks shall be borne by the out-of-state
banks, unless those expenses are borne by the state
regulatory authorities that chartered the out-of-state
banks, as determined by cooperative agreements between
the Commissioner and the state regulatory authorities
that chartered the out-of-state banks.
(b) "Fiscal year" for purposes of this Section 48
is defined as a period beginning July 1 of any year and
ending June 30 of the next year. The Commissioner shall
receive for each fiscal year, commencing with the fiscal
year ending June 30, 1987, a contingent fee equal to the
lesser of the aggregate of the fees paid by all State
banks under paragraph (a) of subsection (3) for that
year, or the amount, if any, whereby the aggregate of the
administration expenses, as defined in paragraph (c), for
that fiscal year exceeds the sum of the aggregate of the
fees payable by all State banks for that year under
paragraph (a) of subsection (3), plus all other amounts
collected by the Commissioner for that year under any
other provision of this Act, plus the aggregate of all
fees collected for that year by the Commissioner under
the Corporate Fiduciary Act, excluding the receivership
fees provided for in Section 5-10 of the Corporate
Fiduciary Act, and the Foreign Banking Office Act. The
aggregate amount of the contingent fee thus arrived at
for any fiscal year shall be apportioned amongst,
assessed upon, and paid by the State banks and foreign
banking corporations, respectively, in the same
proportion that the fee of each under paragraph (a) of
subsection (3), respectively, for that year bears to the
aggregate for that year of the fees collected under
paragraph (a) of subsection (3). The aggregate amount of
the contingent fee, and the portion thereof to be
assessed upon each State bank and foreign banking
corporation, respectively, shall be determined by the
Commissioner and shall be paid by each, respectively,
within 120 days of the close of the period for which the
contingent fee is computed and is payable, and the
Commissioner shall give 20 days advance notice of the
amount of the contingent fee payable by the State bank
and of the date fixed by the Commissioner for payment of
the fee.
(c) The "administration expenses" for any fiscal
year shall mean the ordinary and contingent expenses for
that year incident to making the examinations provided
for by, and for otherwise administering, this Act, the
Corporate Fiduciary Act, excluding the expenses paid from
the Corporate Fiduciary Receivership account in the Bank
and Trust Company Fund, the Foreign Banking Office Act,
the Electronic Fund Transfer Act, and the Illinois Bank
Examiners' Education Foundation Act, including all
salaries and other compensation paid for personal
services rendered for the State by officers or employees
of the State, including the Commissioner and the Deputy
Commissioners, all expenditures for telephone and
telegraph charges, postage and postal charges, office
stationery, supplies and services, and office furniture
and equipment, including typewriters and copying and
duplicating machines and filing equipment, surety bond
premiums, and travel expenses of those officers and
employees, employees, expenditures or charges for the
acquisition, enlargement or improvement of, or for the
use of, any office space, building, or structure, or
expenditures for the maintenance thereof or for
furnishing heat, light, or power with respect thereto,
all to the extent that those expenditures are directly
incidental to such examinations or administration. The
Commissioner shall not be required by paragraphs (c) or
(d-1) of this subsection (3) to maintain in any fiscal
year's budget appropriated reserves for accrued vacation
and accrued sick leave that is required to be paid to
employees of the Commissioner upon termination of their
service with the Commissioner in an amount that is more
than is reasonably anticipated to be necessary for any
anticipated turnover in employees, whether due to normal
attrition or due to layoffs, terminations, or
resignations.
(d) The aggregate of all fees collected by the
Commissioner under this Act, the Corporate Fiduciary Act,
or the Foreign Banking Office Act on and after July 1,
1979, shall be paid promptly after receipt of the same,
accompanied by a detailed statement thereof, into the
State treasury and shall be set apart in a special fund
to be known as the "Bank and Trust Company Fund", except
as provided in paragraph (c) of subsection (11) of this
Section. The amount from time to time deposited into the
Bank and Trust Company Fund shall be used to offset the
ordinary administrative expenses of the Commissioner of
Banks and Real Estate as defined in this Section. Nothing
in this amendatory Act of 1979 shall prevent continuing
the practice of paying expenses involving salaries,
retirement, social security, and State-paid insurance
premiums of State officers by appropriations from the
General Revenue Fund. However, the General Revenue Fund
shall be reimbursed for those payments made on and after
July 1, 1979, by an annual transfer of funds from the
Bank and Trust Company Fund.
(d-1) Adequate funds shall be available in the Bank
and Trust Company Fund to permit the timely payment of
administration expenses. In each fiscal year the total
administration expenses shall be deducted from the total
fees collected by the Commissioner and the remainder
transferred into the Cash Flow Reserve Account, unless
the balance of the Cash Flow Reserve Account prior to the
transfer equals or exceeds one-fourth of the total
initial appropriations from the Bank and Trust Company
Fund for the subsequent year, in which case the remainder
shall be credited to State banks and foreign banking
corporations and applied against their fees for the
subsequent year. The amount credited to each State bank
and foreign banking corporation shall be in the same
proportion as the Call Report Fees paid by each for the
year bear to the total Call Report Fees collected for the
year. If, after a transfer to the Cash Flow Reserve
Account is made or if no remainder is available for
transfer, the balance of the Cash Flow Reserve Account is
less than one-fourth of the total initial appropriations
for the subsequent year and the amount transferred is
less than 5% of the total Call Report Fees for the year,
additional amounts needed to make the transfer equal to
5% of the total Call Report Fees for the year shall be
apportioned amongst, assessed upon, and paid by the State
banks and foreign banking corporations in the same
proportion that the Call Report Fees of each,
respectively, for the year bear to the total Call Report
Fees collected for the year. The additional amounts
assessed shall be transferred into the Cash Flow Reserve
Account. For purposes of this paragraph (d-1), the
calculation of the fees collected by the Commissioner
shall exclude the receivership fees provided for in
Section 5-10 of the Corporate Fiduciary Act.
(e) The Commissioner may upon request certify to
any public record in his keeping and shall have authority
to levy a reasonable charge for issuing certifications of
any public record in his keeping.
(f) In addition to fees authorized elsewhere in
this Act, the Commissioner may, in connection with a
review, approval, or provision of a service, levy a
reasonable charge to recover the cost of the review,
approval, or service.
(4) Nothing contained in this Act shall be construed to
limit the obligation relative to examinations and reports of
any State bank, deposits in which are to any extent insured
by the United States or any agency thereof, nor to limit in
any way the powers of the Commissioner with reference to
examinations and reports of that bank.
(5) The nature and condition of the assets in or
investment of any bonus, pension, or profit sharing plan for
officers or employees of every State bank or, after May 31,
1997, branch of an out-of-state bank shall be deemed to be
included in the affairs of that State bank or branch of an
out-of-state bank subject to examination by the Commissioner
under the provisions of subsection (2) of this Section, and
if the Commissioner shall find from an examination that the
condition of or operation of the investments or assets of the
plan is unlawful, fraudulent, or unsafe, or that any trustee
has abused his trust, the Commissioner shall, if the
situation so found by the Commissioner shall not be corrected
to his satisfaction within 60 days after the Commissioner has
given notice to the board of directors of the State bank or
out-of-state bank of his findings, report the facts to the
Attorney General who shall thereupon institute proceedings
against the State bank or out-of-state bank, the board of
directors thereof, or the trustees under such plan as the
nature of the case may require.
(6) The Commissioner shall have the power:
(a) To promulgate reasonable rules for the purpose
of administering the provisions of this Act.
(b) To issue orders for the purpose of
administering the provisions of this Act and any rule
promulgated in accordance with this Act.
(c) To appoint hearing officers to execute any of
the powers granted to the Commissioner under this Section
for the purpose of administering this Act and any rule
promulgated in accordance with this Act.
(d) To subpoena witnesses, to compel their
attendance, to administer an oath, to examine any person
under oath, and to require the production of any relevant
books, papers, accounts, and documents in the course of
and pursuant to any investigation being conducted, or any
action being taken, by the Commissioner in respect of any
matter relating to the duties imposed upon, or the powers
vested in, the Commissioner under the provisions of this
Act or any rule promulgated in accordance with this Act.
(e) To conduct hearings.
(7) Whenever, in the opinion of the Commissioner, any
director, officer, employee, or agent of a State bank or,
after May 31, 1997, of any branch of an out-of-state bank
shall have violated any law, rule, or order relating to that
bank or shall have engaged in an unsafe or unsound practice
in conducting the business of that bank, the Commissioner may
issue an order of removal. The order shall be served upon the
director, officer, employee, or agent. A copy of the order
shall be sent to each director of the bank affected by
registered mail. The person affected by the action may
request a hearing before the State Banking Board within 10
days after receipt of the order of removal. The hearing
shall be held by the Board within 30 days after the request
has been received by the Board. The Board shall make a
determination approving, modifying, or disapproving the order
of the Commissioner as its final administrative decision. If
a hearing is held by the Board, the Board shall make its
determination within 60 days from the conclusion of the
hearing. Any person affected by a decision of the Board under
this subsection (7) of Section 48 of this Act may have the
decision reviewed only under and in accordance with the
Administrative Review Law and the rules adopted pursuant
thereto. A copy of the order shall also be served upon the
bank of which he is a director, officer, employee, or agent,
whereupon he shall cease to be a director, officer, employee,
or agent of that bank. The order and the findings of fact
upon which it is based shall not be made public or disclosed
to anyone except the director, officer, employee, or agent
involved and the directors of the bank involved, otherwise
than in connection with proceedings for a violation of or
failure to comply with this Section. The Commissioner may
institute a civil action against the director, officer, or
agent of the State bank or, after May 31, 1997, of the branch
of the out-of-state bank against whom any order provided for
by this subsection (7) of this Section 48 has been issued,
and against the State bank or, after May 31, 1997,
out-of-state bank, to enforce compliance with or to enjoin
any violation of the terms of the order. Any person who has
been removed by an order of the Commissioner under this
subsection or Section 5-6 of the Corporate Fiduciary Act may
not thereafter serve as director, officer, employee, or agent
of any State bank or of any branch of any out-of-state bank,
or of any corporate fiduciary, as defined in Section 1-5.05
of the Corporate Fiduciary Act, unless the Commissioner has
granted prior approval in writing.
(8) The Commissioner may impose civil penalties of up to
$10,000 against any person for each violation of any
provision of this Act, any rule promulgated in accordance
with this Act, any order of the Commissioner, or any other
action which in the Commissioner's discretion is an unsafe or
unsound banking practice.
(9) The Commissioner may impose civil penalties of up to
$100 against any person for the first failure to comply with
reporting requirements set forth in the report of examination
of the bank and up to $200 for the second and subsequent
failures to comply with those reporting requirements.
(10) All final administrative decisions of the
Commissioner hereunder shall be subject to judicial review
pursuant to the provisions of the Administrative Review Law.
For matters involving administrative review, venue shall be
in either Sangamon County or Cook County.
(11) The endowment fund for the Illinois Bank Examiners'
Education Foundation shall be administered as follows:
(a) (Blank).
(b) The Foundation is empowered to receive
voluntary contributions, gifts, grants, bequests, and
donations on behalf of the Illinois Bank Examiners'
Education Foundation from national banks and other
persons for the purpose of funding the endowment of the
Illinois Bank Examiners' Education Foundation.
(c) The aggregate of all special educational fees
collected by the Commissioner and property received by
the Commissioner on behalf of the Illinois Bank
Examiners' Education Foundation under this subsection
(11) on or after June 30, 1986, shall be either (i)
promptly paid after receipt of the same, accompanied by a
detailed statement thereof, into the State Treasury and
shall be set apart in a special fund to be known as "The
Illinois Bank Examiners' Education Fund" to be invested
by either the Treasurer of the State of Illinois in the
Public Treasurers' Investment Pool or in any other
investment he is authorized to make or by the Illinois
State Board of Investment as the board of trustees of the
Illinois Bank Examiners' Education Foundation may direct
or (ii) deposited into an account maintained in a
commercial bank or corporate fiduciary in the name of the
Illinois Bank Examiners' Education Foundation pursuant to
the order and direction of the Board of Trustees of the
Illinois Bank Examiners' Education Foundation.
(12) (Blank).
(Source: P.A. 88-45; 88-289; 88-481; 88-546; 88-670, eff.
12-2-94; 89-208, eff. 9-29-95; 89-317, eff. 8-11-95; 89-508,
eff. 7-3-96; 89-567, eff. 7-26-96; 89-626, eff. 8-9-96;
revised 9-9-96.)
Section 2-145. The Illinois Savings and Loan Act of 1985
is amended by changing Section 1-6 as follows:
(205 ILCS 105/1-6) (from Ch. 17, par. 3301-6)
Sec. 1-6. General corporate powers. An association
operating under this Act shall be a body corporate and
politic and shall have all of the specific powers conferred
by this Act and, in addition thereto, the following general
powers:
(a) To sue and be sued, complain and defend in its
corporate name, and to have a common seal, which it may alter
or renew at pleasure;
(b) To obtain and maintain insurance of the
association's withdrawable capital by an insurance
corporation as defined in this Act;
(c) Notwithstanding anything to the contrary contained
in this Act, to become a member of the Federal Home Loan
Bank, and to have all of the powers granted to a savings or
thrift institution organized under the laws of the United
States and which is located and doing business in the State
of Illinois, subject to regulations of the Commissioner;
(d) To act as a fiscal agent for the United States, the
State of Illinois or any department, branch, arm or agency of
the State or any unit of local government or school district
in the State when duly designated for that purpose, and as
agent to perform the reasonable functions as may be required
of it;
(e) To become a member of or deal with any corporation
or agency of the United States or the State of Illinois, to
the extent that the agency assists in furthering or
facilitating the association's purposes or powers and to that
end to purchase stock or securities thereof or deposit money
therewith, and to comply with any other conditions of
membership or credit;
(f) To make donations in reasonable amounts for the
public welfare or for charitable, scientific, religious or
educational purposes;
(g) To adopt and operate reasonable insurance, bonus,
profit sharing, and retirement plans for officers and
employees; likewise, directors who are not officers,
including, but not limited to, advisory, honorary, and
emeritus directors, may participate in those plans;
(h) To reject any application for membership, to retire
withdrawable capital by enforced retirement as provided in
this Act and the by-laws, and to limit the issuance of or
payments on withdrawable capital, subject, however, to
contractual obligations;
(i) To purchase stock in service corporations and to
invest in any form of indebtedness of any service corporation
as defined in this Act, subject to regulations of the
Commissioner;
(j) To purchase stock of a corporation whose principal
purpose is to operate a safe deposit company or escrow
service company;
(k) To act as Trustee or Custodian under the Federal
Self-Employed Individuals' Tax Retirement Act of 1962 or any
amendments thereto or any other retirement account and invest
any funds held in such capacity in a savings account of the
institution;
(l) (Blank);
(m) To establish, maintain and operate terminals as
authorized by the Electronic Fund Transfer Act and by Section
5 of the Illinois Banking Act. The establishment,
maintenance, operation and location of such terminals shall
be subject to the approval of the Commissioner;
(n) Subject to the approval and regulations of the
Commissioner, an association may purchase or assume all or
any part of the assets or liabilities of an eligible insured
bank;
(o) To purchase from a bank, as defined in Section 2 of
the Illinois Banking Act, an insubstantial portion of the
total deposits of an insured bank. For the purpose of this
subparagraph, "insubstantial portion of the total deposits"
shall have the same meaning as provided in Section 5(d)(2)(D)
of the Federal Deposit Insurance Act;
(p) To effect an acquisition of or conversion to another
financial institution pursuant to Section 205 of the
Financial Institutions Reform, Recovery and Enforcement Act
of 1989;
(q) To pledge its assets:
(1) to enable it to act as an agent for the sale of
obligations of the United States;
(2) to secure deposits;
(3) to secure deposits of money whenever required
by the National Bankruptcy Act;
(4) to qualify under Section 2-9 of the Corporate
Fiduciary Act; and
(5) to secure trust funds commingled with the
institution's funds, whether deposited by the institution
or an affiliate of the institution, as required under
Section 2-8 of the Corporate Fiduciary Act; and
(r) To provide temporary periodic service to persons
residing in a bona fide nursing home, senior citizens'
retirement home, or long-term care facility; and
(s) To purchase for its own account shares of stock of a
bankers' bank, described in Section 13(b)(1) of the Illinois
Banking Act, on the same terms and conditions as a bank may
purchase such shares. In no event shall the total amount of
such stock held by an association in such bankers' bank
exceed 10% of its capital and surplus (including undivided
profits) and in no event shall an association acquire more
than 5% of any class of voting securities of such bankers'
bank; and.
(t) (s) To effect a conversion to a State bank pursuant
to the provisions of the Illinois Banking Act.
(Source: P.A. 88-481; 89-74, eff. 6-30-95; 89-310, eff.
1-1-96; 89-317, eff. 8-11-95; 89-355, eff. 8-17-95; 89-567,
eff. 7-26-96; 89-603, eff. 8-2-96; 89-626, eff. 8-9-96;
revised 9-13-96.)
Section 2-150. The Savings Bank Act is amended by
changing Section 1008 as follows:
(205 ILCS 205/1008) (from Ch. 17, par. 7301-8)
Sec. 1008. General corporate powers.
(a) A savings bank operating under this Act shall be a
body corporate and politic and shall have all of the specific
powers conferred by this Act and in addition thereto, the
following general powers:
(1) To sue and be sued, complain, and defend in its
corporate name and to have a common seal, which it may
alter or renew at pleasure.
(2) To obtain and maintain insurance by a deposit
insurance corporation as defined in this Act.
(3) To act as a fiscal agent for the United States,
the State of Illinois or any department, branch, arm, or
agency of the State or any unit of local government or
school district in the State, when duly designated for
that purpose, and as agent to perform reasonable
functions as may be required of it.
(4) To become a member of or deal with any
corporation or agency of the United States or the State
of Illinois, to the extent that the agency assists in
furthering or facilitating its purposes or powers and to
that end to purchase stock or securities thereof or
deposit money therewith, and to comply with any other
conditions of membership or credit.
(5) To make donations in reasonable amounts for the
public welfare or for charitable, scientific, religious,
or educational purposes.
(6) To adopt and operate reasonable insurance,
bonus, profit sharing, and retirement plans for officers
and employees and for directors including, but not
limited to, advisory, honorary, and emeritus directors,
who are not officers or employees.
(7) To reject any application for membership; to
retire deposit accounts by enforced retirement as
provided in this Act and the bylaws; and to limit the
issuance of, or payments on, deposit accounts, subject,
however, to contractual obligations.
(8) To purchase stock in service corporations and
to invest in any form of indebtedness of any service
corporation as defined in this Act, subject to
regulations of the Commissioner.
(9) To purchase stock of a corporation whose
principal purpose is to operate a safe deposit company or
escrow service company.
(10) To exercise all the powers necessary to
qualify as a trustee or custodian under federal or State
law, provided that the authority to accept and execute
trusts is subject to the provisions of the Corporate
Fiduciary Act and to the supervision of those activities
by the Commissioner of Banks and Real Estate.
(11) (Blank).
(12) To establish, maintain, and operate terminals
as authorized by the Electronic Fund Transfer Act. The
establishment, maintenance, operation, and location of
those terminals shall be subject to the approval of the
Commissioner.
(13) Pledge its assets:
(A) to enable it to act as agent for the sale
of obligations of the United States;
(B) to secure deposits;
(C) to secure deposits of money whenever
required by the National Bankruptcy Act;
(D) to qualify under Section 2-9 of the
Corporate Fiduciary Act; and
(E) to secure trust funds commingled with the
savings bank's funds, whether deposited by the
savings bank or an affiliate of the savings bank, as
required under Section 2-8 of the Corporate
Fiduciary Act.
(14) To accept for payment at a future date not to
exceed one year from the date of acceptance, drafts drawn
upon it by its customers; and to issue, advise, or
confirm letters of credit authorizing holders thereof to
draw drafts upon it or its correspondents.
(15) Subject to the regulations of the
Commissioner, to own and lease personal property acquired
by the savings bank at the request of a prospective
lessee and, upon the agreement of that person, to lease
the personal property.
(16) To establish temporary service booths at any
International Fair in this State that is approved by the
United States Department of Commerce for the duration of
the international fair for the purpose of providing a
convenient place for foreign trade customers to exchange
their home countries' currency into United States
currency or the converse. To provide temporary periodic
service to persons residing in a bona fide nursing home,
senior citizens' retirement home, or long-term care
facility. These powers shall not be construed as
establishing a new place or change of location for the
savings bank providing the service booth.
(17) To indemnify its officers, directors,
employees, and agents, as authorized for corporations
under Section 8.75 of the Business Corporations Act of
1983.
(18) To provide data processing services to others
on a for-profit basis.
(19) To utilize any electronic technology to
provide customers with home banking services.
(20) Subject to the regulations of the
Commissioner, to enter into an agreement to act as a
surety.
(21) Subject to the regulations of the
Commissioner, to issue credit cards, extend credit
therewith, and otherwise engage in or participate in
credit card operations.
(22) To purchase for its own account shares of
stock of a bankers' bank, described in Section 13(b)(1)
of the Illinois Banking Act, on the same terms and
conditions as a bank may purchase such shares. In no
event shall the total amount of such stock held by a
savings bank an association in such bankers' bank exceed
10% of its capital and surplus (including undivided
profits) and in no event shall a savings bank an
association acquire more than 5% of any class of voting
securities of such bankers' bank.
(b) If this Act fails to provide specific guidance in
matters of corporate governance, the provisions of the
Business Corporation Act of 1983 may be used.
(Source: P.A. 88-112; 88-481; 88-670, eff. 12-2-94; 89-74,
eff. 6-30-95; 89-310, eff. 1-1-96; 89-317, eff. 8-11-95;
89-355, eff. 8-17-95; 89-508, eff. 7-3-96; 89-603, eff.
8-2-96; 89-626, eff. 8-9-96; revised 9-9-96.)
Section 2-155. The Corporate Fiduciary Act is amended by
changing Section 3-3 as follows:
(205 ILCS 620/3-3) (from Ch. 17, par. 1553-3)
Sec. 3-3. Successor trustee.
(a) If any corporate fiduciary merges into, or becomes
consolidated with, another corporate fiduciary qualified to
administer trusts or is succeeded in its trust business by
any corporate fiduciary by purchase or otherwise; or if a
bank holding company causes a subsidiary, qualified to
administer trusts, to succeed to part or all of the trust
business of any other subsidiary of the same bank holding
company, the surviving, consolidated, successor corporate
fiduciary or subsidiary shall become successor fiduciary in
place of such predecessor corporate fiduciary, unless
expressly prohibited by the provisions of the trust
instrument, with all the rights, powers and duties which were
granted to or imposed on such predecessor corporate
fiduciary.
(b) (Blank).
(c) Notwithstanding any other provision of law, a
corporate fiduciary may delegate to any of its affiliates
qualified to administer trusts, any or all fiduciary duties,
actions or decisions, discretionary or otherwise, and the
delegating corporate fiduciary shall not be required to
review any delegated actions or decisions taken by the
affiliate. The term "affiliate" means any state bank, any
national bank, any trust company, or any other corporation,
which that is qualified to act as a fiduciary in this or any
other state, and which that is a member of the same
affiliated group (within the meaning of Section 1504 of the
Internal Revenue Code of 1986, as amended).
(Source: P.A. 89-205, eff. 1-1-96; 89-364, eff. 8-18-95;
89-567, eff. 7-26-96; 89-686, eff. 6-1-97; revised 1-15-97.)
Section 2-160. The Promissory Note and Bank Holiday Act
is amended by changing Section 17 as follows:
(205 ILCS 630/17) (from Ch. 17, par. 2201)
Sec. 17. Holidays.
(a) The following days shall be legal holidays in the
State of Illinois upon which day a bank may, but is not
required to, remain closed:
the first day of January (New Year's Day);
the third Monday in January (observance of Martin Luther
King, Jr.'s birthday);
the twelfth day in February (Abraham Lincoln's birthday);
the third Monday in February (Presidents Day);
the first Monday in March (observance of Casimir
Pulaski's birthday);
the Friday preceding Easter Sunday (Good Friday);
the last Monday of May (Memorial Day);
the fourth day of July (Independence Day);
the first Monday in September (Labor Day);
the second Monday in October (Columbus Day);
the eleventh day of November (Veterans' Day);
the fourth Thursday in November (Thanksgiving Day);
the twenty-fifth day in December (Christmas Day);
the days upon which the general elections for members of
the House of Representatives are held, and any day proclaimed
by the Governor of this State as a legal holiday. From 12
o'clock noon to 12 o'clock midnight of each Saturday shall be
considered a half holiday. In addition to such holidays and
half-holidays, a bank may select one day of the week to
remain closed, as provided in subsection (b) of this Section.
(b) Any bank doing business within this State may select
any one day of the week to remain closed on a regular basis
upon adoption of a resolution by the board of directors of
such bank designating the day selected and upon filing and
publishing a copy of such resolution as hereinafter required.
Any such resolution shall be deemed effective for the purpose
of this Section only when a copy thereof, certified by an
officer having charge of the records of such bank, is filed
with the Recorder of the county in which such bank is located
and published once each week for 3 successive weeks in a
newspaper of general circulation in such county. Such
publication shall be accomplished by, and at the expense of,
the bank, and the bank shall submit to the Commissioner of
Banks and Real Estate such evidence of the publication as the
Commissioner shall deem appropriate. Any such selection
shall remain in full force and effect until a copy of the
later resolution of the board of directors of such bank,
certified in like manner, terminating or altering any such
prior selection shall be filed and published in the same
manner as such prior resolution.
(c) If an occasion arises when a state bank wishes to
remain closed on a particular day, other than a day on which
the bank has selected to remain closed on a regular basis as
provided in this Section, such state bank may remain closed
on such an occasion after first sending to the Commissioner a
copy of a resolution adopted by the board of directors
authorizing the bank to remain closed on such occasion and
notice of the intent to remain closed on such occasion shall
be conspicuously posted in the lobby of the main banking
office and any branches of such bank for at least 3 weeks in
advance of such occasion. Any day which any bank doing
business within the State shall select to remain closed
pursuant to this Section shall, with respect to such bank, be
treated and considered as a Sunday.
(d) All legal holidays, the half holidays and any day
selected by a bank doing business within the State to remain
closed, shall, for all purposes whatsoever, as regards the
presenting for payment or acceptance, the maturity and
protesting and giving of notice of the dishonor of bills of
exchange, bank checks and promissory notes and other
negotiable or commercial paper or instrument, be treated and
considered as a Sunday. When any such holidays fall on
Sunday, the Monday next following shall be held and
considered such holiday. All notes, bills, drafts, checks or
other evidence of indebtedness, falling due or maturing on
either of such days, shall be deemed as due or maturing upon
the day following, and when 2 or more of these days come
together, or immediately succeeding each other, then such
instruments, paper or indebtedness shall be deemed as due or
having matured on the day following the last of such days.
(e) Any act authorized, required or permitted to be
performed at or by or with respect to any bank doing business
within the State on a day which it has selected to remain
closed under this Section may be so performed on the next
succeeding business day and no liability or loss of rights of
any kind shall result from such delay.
(f) Nothing in this Act shall in any manner affect the
validity of, or render void or voidable, the payment,
certification, or acceptance of a check or other negotiable
instrument, or any other transaction by a bank in this State,
because done or performed on any Saturday, Sunday, holiday,
or any day selected by a bank to remain closed, or during any
time other than regular banking hours; but no bank in this
State, which by law or custom is entitled to remain open or
to close for the whole or any part of any day selected by it
to remain open or to close, is compelled to close, or to
remain open for the transaction of business or to perform any
of the acts or transactions aforesaid except at its own
option.
(Source: P.A. 89-508, eff. 7-3-96; 89-567, eff. 7-26-96;
revised 9-10-96.)
Section 2-165. The Nursing Home Care Act is amended by
changing Section 1-113 as follows:
(210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
Sec. 1-113. "Facility" or "long-term care facility"
means a private home, institution, building, residence, or
any other place, whether operated for profit or not, or a
county home for the infirm and chronically ill operated
pursuant to Division 5-21 or 5-22 of the Counties Code, or
any similar institution operated by a political subdivision
of the State of Illinois, which provides, through its
ownership or management, personal care, sheltered care or
nursing for 3 or more persons, not related to the applicant
or owner by blood or marriage. It includes skilled nursing
facilities and intermediate care facilities as those terms
are defined in Title XVIII and Title XIX of the Federal
Social Security Act.
"Facility" does not include the following:
(1) A home, institution, or other place operated by the
federal government or agency thereof, or by the State of
Illinois;
(2) A hospital, sanitarium, or other institution whose
principal activity or business is the diagnosis, care, and
treatment of human illness through the maintenance and
operation as organized facilities therefor, which is required
to be licensed under the Hospital Licensing Act;
(3) Any "facility for child care" as defined in the
Child Care Act of 1969;
(4) Any "Community Living Facility" as defined in the
Community Living Facilities Licensing Act;
(5) Any "community residential alternative" as defined
in the Community Residential Alternatives Licensing Act;
(6) Any nursing home or sanatorium operated solely by
and for persons who rely exclusively upon treatment by
spiritual means through prayer, in accordance with the creed
or tenets of any well-recognized church or religious
denomination. However, such nursing home or sanatorium shall
comply with all local laws and rules relating to sanitation
and safety;
(7) Any facility licensed by the Department of Human
Services as a community-integrated living arrangement as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act;
(8) Any "Supportive Residence" licensed under the
Supportive Residences Licensing Act; or
(9) Any "supportive living facility" in good standing
with the demonstration project established under Section
5-5.01a of the Illinois Public Aid Code.
(Source: P.A. 89-499, eff. 6-28-96; 89-507, eff. 7-1-97;
revised 8-26-96.)
Section 2-170. The Illinois Insurance Code is amended by
changing and renumbering multiple versions of Section 356r as
follows:
(215 ILCS 5/356r)
Sec. 356r. Woman's principal health care provider.
(a) An individual or group policy of accident and health
insurance or a managed care plan amended, delivered, issued,
or renewed in this State after November 14, 1996 the
effective date of this Section that requires an insured or
enrollee to designate an individual to coordinate care or to
control access to health care services shall also permit a
female insured or enrollee to designate a participating
woman's principal health care provider.
(b) If a female insured or enrollee has designated a
woman's principal health care provider, then the insured or
enrollee must be given direct access to the woman's principal
health care provider for services covered by the policy or
plan without the need for a referral or prior approval.
Nothing shall prohibit the insurer or managed care plan from
requiring prior authorization or approval from either a
primary care provider or the woman's principal health care
provider for referrals for additional care or services.
(c) For the purposes of this Section the following terms
are defined:
(1) "Woman's principal health care provider" means
a physician licensed to practice medicine in all of its
branches specializing in obstetrics or gynecology.
(2) "Managed care entity" means any entity
including a licensed insurance company, hospital or
medical service plan, health maintenance organization,
limited health service organization, preferred provider
organization, third party administrator, an employer or
employee organization, or any person or entity that
establishes, operates, or maintains a network of
participating providers.
(3) "Managed care plan" means a plan operated by a
managed care entity that provides for the financing of
health care services to persons enrolled in the plan
through:
(A) organizational arrangements for ongoing
quality assurance, utilization review programs, or
dispute resolution; or
(B) financial incentives for persons enrolled
in the plan to use the participating providers and
procedures covered by the plan.
(4) "Participating provider" means a physician who
has contracted with an insurer or managed care plan to
provide services to insureds or enrollees as defined by
the contract.
(d) The original provisions of this Section became law
on July 17, 1996 and took take effect November 14, 1996,
which is 120 days after becoming law.
(Source: P.A. 89-514; revised 1-2-97.)
(215 ILCS 5/356s)
Sec. 356s. 356r. Post-parturition care. An individual or
group policy of accident and health insurance that provides
maternity coverage and is amended, delivered, issued, or
renewed after the effective date of this amendatory Act of
1996 shall provide coverage for the following:
(1) a minimum of 48 hours of inpatient care
following a vaginal delivery for the mother and the
newborn, except as otherwise provided in this Section; or
(2) a minimum of 96 hours of inpatient care
following a delivery by caesarian section for the mother
and newborn, except as otherwise provided in this
Section.
A shorter length of hospital inpatient stay for services
related to maternity and newborn care may be provided if the
attending physician licensed to practice medicine in all of
its branches determines, in accordance with the protocols and
guidelines developed by the American College of Obstetricians
and Gynecologists or the American Academy of Pediatrics, that
the mother and the newborn meet the appropriate guidelines
for that length of stay based upon evaluation of the mother
and newborn and the coverage and availability of a
post-discharge physician office visit or in-home nurse visit
to verify the condition of the infant in the first 48 hours
after discharge.
(Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
Section 2-175. The Child Care Act of 1969 is amended by
changing Section 7 as follows:
(225 ILCS 10/7) (from Ch. 23, par. 2217)
Sec. 7. (a) The Department must prescribe and publish
minimum standards for licensing that apply to the various
types of facilities for child care defined in this Act and
that are equally applicable to like institutions under the
control of the Department and to foster family homes used by
and under the direct supervision of the Department. The
Department shall seek the advice and assistance of persons
representative of the various types of child care facilities
in establishing such standards. The standards prescribed and
published under this Act take effect as provided in the
Illinois Administrative Procedure Act, and are restricted to
regulations pertaining to:
(1) The operation and conduct of the facility and
responsibility it assumes for child care;
(2) The character, suitability and qualifications
of the applicant and other persons directly responsible
for the care and welfare of children served. All child
day care center licensees and employees who are required
to report child abuse or neglect under the Abused and
Neglected Child Reporting Act shall be required to attend
training on recognizing child abuse and neglect, as
prescribed by Department rules;
(3) The general financial ability and competence of
the applicant to provide necessary care for children and
to maintain prescribed standards;
(4) The number of individuals or staff required to
insure adequate supervision and care of the children
received. The standards shall provide that each child
care institution, maternity center, day care center,
group home, day care home, and group day care home shall
have on its premises during its hours of operation at
least one staff member certified in first aid, in the
Heimlich maneuver and in cardiopulmonary resuscitation by
the American Red Cross or other organization approved by
rule of the Department. Child welfare agencies shall not
be subject to such a staffing requirement. The
Department may offer, or arrange for the offering, on a
periodic basis in each community in this State in
cooperation with the American Red Cross, the American
Heart Association or other appropriate organization,
voluntary programs to train operators of foster family
homes and day care homes in first aid and cardiopulmonary
resuscitation;
(5) The appropriateness, safety, cleanliness and
general adequacy of the premises, including maintenance
of adequate fire prevention and health standards
conforming to State laws and municipal codes to provide
for the physical comfort, care and well-being of children
received;
(6) Provisions for food, clothing, educational
opportunities, program, equipment and individual supplies
to assure the healthy physical, mental and spiritual
development of children served;
(7) Provisions to safeguard the legal rights of
children served;
(8) Maintenance of records pertaining to the
admission, progress, health and discharge of children,
including, for day care centers and day care homes,
records indicating each child has been immunized as
required by State regulations. The Department shall
require proof that children enrolled in a facility have
been immunized against Haemophilus Influenzae B (HIB);
(9) Filing of reports with the Department;
(10) Discipline of children;
(11) Protection and fostering of the particular
religious faith of the children served;
(12) Provisions prohibiting firearms on day care
center premises except in the possession of peace
officers;
(13) Provisions prohibiting handguns on day care
home premises except in the possession of peace officers
or other adults who must possess a handgun as a condition
of employment and who reside on the premises of a day
care home;
(14) Provisions requiring that any firearm
permitted on day care home premises, except handguns in
the possession of peace officers, shall be kept in a
disassembled state, without ammunition, in locked
storage, inaccessible to children and that ammunition
permitted on day care home premises shall be kept in
locked storage separate from that of disassembled
firearms, inaccessible to children;
(15) Provisions requiring notification of parents
or guardians enrolling children at a day care home of the
presence in the day care home of any firearms and
ammunition and of the arrangements for the separate,
locked storage of such firearms and ammunition.
(b) If, in a facility for general child care, there are
children diagnosed as mentally ill, mentally retarded or
physically handicapped, who are determined to be in need of
special mental treatment or of nursing care, or both mental
treatment and nursing care, the Department shall seek the
advice and recommendation of the Department of Human
Services, the Department of Public Health, or both
Departments regarding the residential treatment and nursing
care provided by the institution.
(c) The Department shall investigate any person applying
to be licensed as a foster parent to determine whether there
is any evidence of current drug or alcohol abuse in the
prospective foster family. The Department shall not license
a person as a foster parent if drug or alcohol abuse has been
identified in the foster family or if a reasonable suspicion
of such abuse exists, except that the Department may grant a
foster parent license to an applicant identified with an
alcohol or drug problem if the applicant has successfully
participated in an alcohol or drug treatment program,
self-help group, or other suitable activities.
(d) The Department, in applying standards prescribed and
published, as herein provided, shall offer consultation
through employed staff or other qualified persons to assist
applicants and licensees in meeting and maintaining minimum
requirements for a license and to help them otherwise to
achieve programs of excellence related to the care of
children served. Such consultation shall include providing
information concerning education and training in early
childhood development to providers of day care home services.
The Department may provide or arrange for such education and
training for those providers who request such assistance.
(e) The Department shall distribute copies of licensing
standards to all licensees and applicants for a license.
Each licensee or holder of a permit shall distribute copies
of the appropriate licensing standards and any other
information required by the Department to child care
facilities under its supervision. Each licensee or holder of
a permit shall maintain appropriate documentation of the
distribution of the standards. Such documentation shall be
part of the records of the facility and subject to inspection
by authorized representatives of the Department.
(f) The Department shall prepare summaries of day care
licensing standards. Each licensee or holder of a permit for
a day care facility shall distribute a copy of the
appropriate summary and any other information required by the
Department, to the legal guardian of each child cared for in
that facility at the time when the child is enrolled or
initially placed in the facility. The licensee or holder of a
permit for a day care facility shall secure appropriate
documentation of the distribution of the summary and
brochure. Such documentation shall be a part of the records
of the facility and subject to inspection by an authorized
representative of the Department.
(g) The Department shall distribute to each licensee and
holder of a permit copies of the licensing or permit
standards applicable to such person's facility. Each
licensee or holder of a permit shall make available by
posting at all times in a common or otherwise accessible area
a complete and current set of licensing standards in order
that all employees of the facility may have unrestricted
access to such standards. All employees of the facility
shall have reviewed the standards and any subsequent changes.
Each licensee or holder of a permit shall maintain
appropriate documentation of the current review of licensing
standards by all employees. Such records shall be part of
the records of the facility and subject to inspection by
authorized representatives of the Department.
(h) Any standards involving physical examinations,
immunization, or medical treatment shall include appropriate
exemptions for children whose parents object thereto on the
grounds that they conflict with the tenets and practices of a
recognized church or religious organization, of which the
parent is an adherent or member, and for children who should
not be subjected to immunization for clinical reasons.
(Source: P.A. 89-274, eff. 1-1-96; 89-507, eff. 7-1-97;
89-648, eff. 8-9-96; revised 9-12-96.)
Section 2-180. The Health Care Worker Background Check
Act is amended by changing Sections 15 and 65 as follows:
(225 ILCS 46/15)
Sec. 15. Definitions. For the purposes of this Act, the
following definitions apply:
"Applicant" means an individual seeking employment with a
health care employer who has received a bona fide conditional
offer of employment.
"Conditional offer of employment" means a bona fide offer
of employment by a health care employer to an applicant,
which is contingent upon the receipt of a report from the
Department of State Police indicating that the applicant does
not have a record of conviction of any of the criminal
offenses enumerated in Section 25.
"Direct care" means the provision of nursing care or
assistance with meals, dressing, movement, bathing, or other
personal needs or maintenance, or general supervision and
oversight of the physical and mental well-being of an
individual who is incapable of managing his or her person
whether or not a guardian has been appointed for that
individual.
"Health care employer" means:
(1) the owner or licensee of any of the following:
(i) a community living facility, as defined in the
Community Living Facilities Act;
(ii) a life care facility, as defined in the Life
Care Facilities Act;
(iii) a long-term care facility, as defined in the
Nursing Home Care Act;
(iv) a home health agency, as defined in the Home
Health Agency Licensing Act;
(v) a full hospice, as defined in the Hospice
Program Licensing Act;
(vi) a hospital, as defined in the Hospital
Licensing Act;
(vii) a community residential alternative, as
defined in the Community Residential Alternatives
Licensing Act;
(viii) a nurse agency, as defined in the Nurse
Agency Licensing Act;
(ix) a respite care provider, as defined in the
Respite Program Act;
(2) a day training program certified by the Department
of Human Services; or
(3) a community integrated living arrangement operated
by a community mental health and developmental service
agency, as defined in the Community-Integrated Living
Arrangements Licensing and Certification Act.
"Initiate" means the obtaining of the authorization for a
record check from a student, applicant, or employee. The
educational entity or health care employer or its designee
shall transmit all necessary information and fees to the
Illinois State Police within 10 working days after receipt of
the authorization.
(Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
89-674, eff. 8-14-96; revised 9-12-96.)
(225 ILCS 46/65)
Sec. 65. Health Care Worker Task Force. A Health Care
Worker Task Force shall be appointed no later than July 1,
1996, to study and make recommendations on statutory changes
to this Act.
(a) The Task Force shall monitor the status of the
implementation of this Act and monitor complaint
investigations relating to this Act by the Department on
Aging, Department of Public Health, Department of
Professional Regulation, and the Department of Human Services
to determine the criminal background, if any, of health care
workers who have had findings of abuse, theft, or
exploitation.
(b) The Task Force shall make recommendations
concerning:
(1) additional health care positions, including
licensed individuals and volunteers, that should be
included in the Act;
(2) development of a transition to
fingerprint-based State and federal criminal records
checks for all direct care applicants or employees;
(3) development of a system that is affordable to
applicants;
(4) modifications to the list of offenses
enumerated in Section 25; and
(5) any other necessary or desirable changes to the
Act.
(c) The Task Force shall issue an interim report to the
Governor and General Assembly no later than December 31,
1996. The final report shall be issued no later than
September 30, 1997, and shall include specific statutory
changes recommended, if any.
(d) The Task Force shall be comprised of the following
members who shall serve without pay:
(1) a chairman knowledgeable about health care
issues, who shall be appointed by the Governor;
(2) the Director of the Department of Public Health
or his or her designee;
(3) the Director of the Department of State Police
or his or her designee;
(3.5) the Director of the Department of Public Aid
or his or her designee;
(4) 2 representatives of health care providers who
shall be appointed by the Governor;
(5) 2 representatives of health care employees who
shall be appointed by the Governor;
(6) a representative of the general public who has
an interest in health care who shall be appointed by the
Governor; and
(7) 4 members of the General Assembly, one
appointed by the Speaker of the House, one appointed by
the House Minority Leader, one appointed by the President
of the Senate, and one appointed by the Senate Minority
Leader.
(Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
89-674, eff. 8-14-96; revised 9-12-96.)
Section 2-185. The Liquor Control Act of 1934 is amended
by changing Section 6-15 as follows:
(235 ILCS 5/6-15) (from Ch. 43, par. 130)
Sec. 6-15. No alcoholic liquors shall be sold or
delivered in any building belonging to or under the control
of the State or any political subdivision thereof except as
provided in this Act. The corporate authorities of any city,
village, incorporated town or township may provide by
ordinance, however, that alcoholic liquor may be sold or
delivered in any specifically designated building belonging
to or under the control of the municipality or township, or
in any building located on land under the control of the
municipality; provided that such township complies with all
applicable local ordinances in any incorporated area of the
township. Alcoholic liquors may be delivered to and sold at
any airport belonging to or under the control of a
municipality of more than 25,000 inhabitants, or in any
building owned by a park district organized under the Park
District Code, subject to the approval of the governing board
of the district, or in any building or on any golf course
owned by a forest preserve district organized under the
Downstate Forest Preserve District Act, subject to the
approval of the governing board of the district, or in
Bicentennial Park, or on the premises of the City of Mendota
Lake Park located adjacent to Route 51 in Mendota, Illinois,
or on the premises of Camden Park in Milan, Illinois, or in
the community center owned by the City of Loves Park that is
located at 1000 River Park Drive in Loves Park, Illinois, or,
in connection with the operation of an established food
serving facility during times when food is dispensed for
consumption on the premises, and at the following aquarium
and museums located in public parks: Art Institute of
Chicago, Chicago Academy of Sciences, Chicago Historical
Society, Field Museum of Natural History, Museum of Science
and Industry, DuSable Museum of African American History,
John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
Museum of Arts and Sciences in Peoria, or in connection with
the operation of the facilities of the Chicago Zoological
Society or the Chicago Horticultural Society on land owned by
the Forest Preserve District of Cook County, or in any
building located on land owned by the Chicago Park District
if approved by the Park District Commissioners, or on any
land used for a golf course or for recreational purposes and
owned by the Illinois International Port District if approved
by the District's governing board, or at any airport, golf
course, faculty center, or facility in which conference and
convention type activities take place belonging to or under
control of any State university or public community college
district, provided that with respect to a facility for
conference and convention type activities alcoholic liquors
shall be limited to the use of the convention or conference
participants or participants in cultural, political or
educational activities held in such facilities, and provided
further that the faculty or staff of the State university or
a public community college district, or members of an
organization of students, alumni, faculty or staff of the
State university or a public community college district are
active participants in the conference or convention, or by a
catering establishment which has rented facilities from a
board of trustees of a public community college district, or,
if approved by the District board, on land owned by the
Metropolitan Sanitary District of Greater Chicago and leased
to others for a term of at least 20 years. Nothing in this
Section precludes the sale or delivery of alcoholic liquor in
the form of original packaged goods in premises located at
500 S. Racine in Chicago belonging to the University of
Illinois and used primarily as a grocery store by a
commercial tenant during the term of a lease that predates
the University's acquisition of the premises; but the
University shall have no power or authority to renew,
transfer, or extend the lease with terms allowing the sale of
alcoholic liquor; and the sale of alcoholic liquor shall be
subject to all local laws and regulations. After the
acquisition by Winnebago County of the property located at
404 Elm Street in Rockford, a commercial tenant who sold
alcoholic liquor at retail on a portion of the property under
a valid license at the time of the acquisition may continue
to do so for so long as the tenant and the County may agree
under existing or future leases, subject to all local laws
and regulations regarding the sale of alcoholic liquor. Each
facility shall provide dram shop liability in maximum
insurance coverage limits so as to save harmless the State,
municipality, State university, airport, golf course, faculty
center, facility in which conference and convention type
activities take place, park district, Forest Preserve
District, public community college district, aquarium,
museum, or sanitary district from all financial loss, damage
or harm. Alcoholic liquors may be sold at retail in buildings
of golf courses owned by municipalities in connection with
the operation of an established food serving facility during
times when food is dispensed for consumption upon the
premises. Alcoholic liquors may be delivered to and sold at
retail in any building owned by a fire protection district
organized under the Fire Protection District Act, provided
that such delivery and sale is approved by the board of
trustees of the district, and provided further that such
delivery and sale is limited to fundraising events and to a
maximum of 6 events per year.
Alcoholic liquor may be delivered to and sold at retail
in the Dorchester Senior Business Center owned by the Village
of Dolton if the alcoholic liquor is sold or dispensed only
in connection with organized functions for which the planned
attendance is 20 or more persons, and if the person or
facility selling or dispensing the alcoholic liquor has
provided dram shop liability insurance in maximum limits so
as to hold harmless the Village of Dolton and the State from
all financial loss, damage and harm.
Alcoholic liquors may be delivered to and sold at retail
in any building used as an Illinois State Armory provided:
(i) the Adjutant General's written consent to the
issuance of a license to sell alcoholic liquor in such
building is filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only
in connection with organized functions held on special
occasions;
(iii) the organized function is one for which the
planned attendance is 25 or more persons; and
(iv) the facility selling or dispensing the
alcoholic liquors has provided dram shop liability
insurance in maximum limits so as to save harmless the
facility and the State from all financial loss, damage or
harm.
Alcoholic liquors may be delivered to and sold at retail
in the Chicago Civic Center, provided that:
(i) the written consent of the Public Building
Commission which administers the Chicago Civic Center is
filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only
in connection with organized functions held on special
occasions;
(iii) the organized function is one for which the
planned attendance is 25 or more persons;
(iv) the facility selling or dispensing the
alcoholic liquors has provided dram shop liability
insurance in maximum limits so as to hold harmless the
Civic Center, the City of Chicago and the State from all
financial loss, damage or harm; and
(v) all applicable local ordinances are complied
with.
Alcoholic liquors may be delivered or sold in any
building belonging to or under the control of any city,
village or incorporated town where more than 75% of the
physical properties of the building is used for commercial or
recreational purposes, and the building is located upon a
pier extending into or over the waters of a navigable lake or
stream or on the shore of a navigable lake or stream.
Alcoholic liquor may be sold in buildings under the control
of the Department of Natural Resources when written consent
to the issuance of a license to sell alcoholic liquor in such
buildings is filed with the Commission by the Department of
Natural Resources. Notwithstanding any other provision of
this Act, alcoholic liquor sold by a United States Army Corps
of Engineers or Department of Natural Resources
concessionaire who was operating on June 1, 1991 for
on-premises consumption only is not subject to the provisions
of Articles IV and IX. Beer and wine may be sold on the
premises of the Joliet Park District Stadium owned by the
Joliet Park District when written consent to the issuance of
a license to sell beer and wine in such premises is filed
with the local liquor commissioner by the Joliet Park
District. Beer and wine may be sold in buildings on the
grounds of State veterans' homes when written consent to the
issuance of a license to sell beer and wine in such buildings
is filed with the Commission by the Department of Veterans'
Affairs, and the facility shall provide dram shop liability
in maximum insurance coverage limits so as to save the
facility harmless from all financial loss, damage or harm.
Such liquors may be delivered to and sold at any property
owned or held under lease by a Metropolitan Pier and
Exposition Authority or Metropolitan Exposition and
Auditorium Authority.
Beer and wine may be sold and dispensed at professional
sporting events and at professional concerts and other
entertainment events conducted on premises owned by the
Forest Preserve District of Kane County, subject to the
control of the District Commissioners and applicable local
law, provided that dram shop liability insurance is provided
at maximum coverage limits so as to hold the District
harmless from all financial loss, damage and harm.
Nothing in this Section shall preclude the sale or
delivery of beer and wine at a State or county fair or the
sale or delivery of beer or wine at a city fair in any
otherwise lawful manner.
Alcoholic liquors may be sold at retail in buildings in
State parks under the control of the Department of Natural
Resources, provided:
a. the State park has overnight lodging facilities
with some restaurant facilities or, not having overnight
lodging facilities, has restaurant facilities which serve
complete luncheon and dinner or supper meals,
b. consent to the issuance of a license to sell
alcoholic liquors in the buildings has been filed with
the commission by the Department of Natural Resources,
and
c. the alcoholic liquors are sold by the State park
lodge or restaurant concessionaire only during the hours
from 11 o'clock a.m. until 12 o'clock midnight.
Notwithstanding any other provision of this Act,
alcoholic liquor sold by the State park or restaurant
concessionaire is not subject to the provisions of
Articles IV and IX.
Alcoholic liquors may be sold at retail in buildings on
properties under the control of the Historic Preservation
Agency provided:
a. the property has overnight lodging facilities
with some restaurant facilities or, not having overnight
lodging facilities, has restaurant facilities which serve
complete luncheon and dinner or supper meals,
b. consent to the issuance of a license to sell
alcoholic liquors in the buildings has been filed with
the commission by the Historic Preservation Agency, and
c. the alcoholic liquors are sold by the lodge or
restaurant concessionaire only during the hours from 11
o'clock a.m. until 12 o'clock midnight.
The sale of alcoholic liquors pursuant to this Section
does not authorize the establishment and operation of
facilities commonly called taverns, saloons, bars, cocktail
lounges, and the like except as a part of lodge and
restaurant facilities in State parks or golf courses owned by
Forest Preserve Districts with a population of less than
3,000,000 or municipalities or park districts.
Alcoholic liquors may be sold at retail in the
Springfield Administration Building of the Department of
Transportation and the Illinois State Armory in Springfield;
provided, that the controlling government authority may
consent to such sales only if
a. the request is from a not-for-profit
organization;
b. such sales would not impede normal operations of
the departments involved;
c. the not-for-profit organization provides dram
shop liability in maximum insurance coverage limits and
agrees to defend, save harmless and indemnify the State
of Illinois from all financial loss, damage or harm;
d. no such sale shall be made during normal working
hours of the State of Illinois; and
e. the consent is in writing.
Alcoholic liquors may be sold at retail in buildings in
recreational areas of river conservancy districts under the
control of, or leased from, the river conservancy districts.
Such sales are subject to reasonable local regulations as
provided in Article IV; however, no such regulations may
prohibit or substantially impair the sale of alcoholic
liquors on Sundays or Holidays.
Alcoholic liquors may be provided in long term care
facilities owned or operated by a county under Division 5-21
or 5-22 of the Counties Code, when approved by the facility
operator and not in conflict with the regulations of the
Illinois Department of Public Health, to residents of the
facility who have had their consumption of the alcoholic
liquors provided approved in writing by a physician licensed
to practice medicine in all its branches.
Alcoholic liquors may be delivered to and dispensed in
State housing assigned to employees of the Department of
Corrections. No person shall furnish or allow to be furnished
any alcoholic liquors to any prisoner confined in any jail,
reformatory, prison or house of correction except upon a
physician's prescription for medicinal purposes.
Alcoholic liquors may be sold at retail or dispensed at
the Willard Ice Building in Springfield, at the State Library
in Springfield, and at Illinois State Museum facilities by
(1) an agency of the State, whether legislative, judicial or
executive, provided that such agency first obtains written
permission to sell or dispense alcoholic liquors from the
controlling government authority, or by (2) a not-for-profit
organization, provided that such organization:
a. Obtains written consent from the controlling
government authority;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal operations of State
offices located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and
in which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing
of alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at authorized functions.
The controlling government authority for the Willard Ice
Building in Springfield shall be the Director of the
Department of Revenue. The controlling government authority
for Illinois State Museum facilities shall be the Director of
the Illinois State Museum. The controlling government
authority for the State Library in Springfield shall be the
Secretary of State.
Alcoholic liquors may be delivered to and sold at retail
or dispensed at any facility, property or building under the
jurisdiction of the Historic Preservation Agency where the
delivery, sale or dispensing is by (1) an agency of the
State, whether legislative, judicial or executive, provided
that such agency first obtains written permission to sell or
dispense alcoholic liquors from a controlling government
authority, or by (2) a not-for-profit organization provided
that such organization:
a. Obtains written consent from the controlling
government authority;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal workings of State
offices or operations located at the facility, property
or building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity of the
not-for-profit organization in the facility, property or
building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and
in which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing
of alcoholic liquors.
The controlling government authority for the Historic
Preservation Agency shall be the Director of the Historic
Preservation Agency.
Alcoholic liquors may be sold at retail or dispensed at
the James R. Thompson Center in Chicago and 222 South College
Street in Springfield, Illinois by (1) a commercial tenant or
subtenant conducting business on the premises under a lease
made pursuant to Section 67.24 of the Civil Administrative
Code of Illinois, provided that such tenant or subtenant who
sells or dispenses alcoholic liquors shall procure and
maintain dram shop liability insurance in maximum coverage
limits and in which the carrier agrees to defend, indemnify
and save harmless the State of Illinois from all financial
loss, damage or harm arising out of the sale or dispensing of
alcoholic liquors, or by (2) an agency of the State, whether
legislative, judicial or executive, provided that such agency
first obtains written permission to sell or dispense
alcoholic liquors from the Director of Central Management
Services, or by (3) a not-for-profit organization, provided
that such organization:
a. Obtains written consent from the Department of
Central Management Services;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal operations of State
offices located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and
in which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing
of alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at functions authorized by
the Director of Central Management Services.
Alcoholic liquors may be sold or delivered at any
facility owned by the Illinois Sports Facilities Authority
provided that dram shop liability insurance has been made
available in a form, with such coverage and in such amounts
as the Authority reasonably determines is necessary.
Alcoholic liquors may be sold at retail or dispensed at
the Rockford State Office Building by (1) an agency of the
State, whether legislative, judicial or executive, provided
that such agency first obtains written permission to sell or
dispense alcoholic liquors from the Department of Central
Management Services, or by (2) a not-for-profit organization,
provided that such organization:
a. Obtains written consent from the Department of
Central Management Services;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal operations of State
offices located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and
in which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing
of alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at functions authorized by
the Department of Central Management Services.
Alcoholic liquors may be sold or delivered in a building
that is owned by McLean County, situated on land owned by the
county in the City of Bloomington, and used by the McLean
County Historical Society if the sale or delivery is approved
by an ordinance adopted by the county board, and the
municipality in which the building is located may not
prohibit that sale or delivery, notwithstanding any other
provision of this Section. The regulation of the sale and
delivery of alcoholic liquor in a building that is owned by
McLean County, situated on land owned by the county, and used
by the McLean County Historical Society as provided in this
paragraph is an exclusive power and function of the State and
is a denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution of the power of a
home rule municipality to regulate that sale and delivery.
Alcoholic liquors may be sold or delivered in any
building situated on land held in trust for any school
district organized under Article 34 of the School Code, if
the building is not used for school purposes and if the sale
or delivery is approved by the board of education.
Alcoholic liquors may be sold or delivered in buildings
owned by the Community Building Complex Committee of Boone
County, Illinois if the person or facility selling or
dispensing the alcoholic liquor has provided dram shop
liability insurance with coverage and in amounts that the
Committee reasonably determines are necessary.
Alcoholic liquors may be sold or delivered in the
building located at 1200 Centerville Avenue in Belleville,
Illinois and occupied by either the Belleville Area Special
Education District or the Belleville Area Special Services
Cooperative.
(Source: P.A. 88-652, eff. 9-16-94; 89-34, eff. 6-23-95;
89-262, eff. 8-10-95; 89-376, eff. 8-18-95; 89-445, eff.
2-7-96; 89-502, eff. 6-28-96; 89-544, eff. 7-19-96; 89-626,
eff. 8-9-96; revised 8-19-96.)
Section 2-190. The Illinois Public Aid Code is amended
by changing Sections 5-5, 5-16.3, 11-9, and 14-8 as follows:
(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
Sec. 5-5. Medical services. The Illinois Department, by
rule, shall determine the quantity and quality of and the
rate of reimbursement for the medical assistance for which
payment will be authorized, and the medical services to be
provided, which may include all or part of the following: (1)
inpatient hospital services; (2) outpatient hospital
services; (3) other laboratory and X-ray services; (4)
skilled nursing home services; (5) physicians' services
whether furnished in the office, the patient's home, a
hospital, a skilled nursing home, or elsewhere; (6) medical
care, or any other type of remedial care furnished by
licensed practitioners; (7) home health care services; (8)
private duty nursing service; (9) clinic services; (10)
dental services; (11) physical therapy and related services;
(12) prescribed drugs, dentures, and prosthetic devices; and
eyeglasses prescribed by a physician skilled in the diseases
of the eye, or by an optometrist, whichever the person may
select; (13) other diagnostic, screening, preventive, and
rehabilitative services; (14) transportation and such other
expenses as may be necessary; (15) medical treatment of
sexual assault survivors, as defined in Section 1a of the
Sexual Assault Survivors Emergency Treatment Act, for
injuries sustained as a result of the sexual assault,
including examinations and laboratory tests to discover
evidence which may be used in criminal proceedings arising
from the sexual assault; (16) the diagnosis and treatment of
sickle cell anemia; and (17) any other medical care, and any
other type of remedial care recognized under the laws of this
State, but not including abortions, or induced miscarriages
or premature births, unless, in the opinion of a physician,
such procedures are necessary for the preservation of the
life of the woman seeking such treatment, or except an
induced premature birth intended to produce a live viable
child and such procedure is necessary for the health of the
mother or her unborn child. The Illinois Department, by rule,
shall prohibit any physician from providing medical
assistance to anyone eligible therefor under this Code where
such physician has been found guilty of performing an
abortion procedure in a wilful and wanton manner upon a woman
who was not pregnant at the time such abortion procedure was
performed. The term "any other type of remedial care" shall
include nursing care and nursing home service for persons who
rely on treatment by spiritual means alone through prayer for
healing.
The Illinois Department of Public Aid shall provide the
following services to persons eligible for assistance under
this Article who are participating in education, training or
employment programs operated by the Department of Human
Services as successor to the Department of Public Aid:
(1) dental services, which shall include but not be
limited to prosthodontics; and
(2) eyeglasses prescribed by a physician skilled in
the diseases of the eye, or by an optometrist, whichever
the person may select.
The Illinois Department, by rule, may distinguish and
classify the medical services to be provided only in
accordance with the classes of persons designated in Section
5-2.
The Illinois Department shall authorize the provision of,
and shall authorize payment for, screening by low-dose
mammography for the presence of occult breast cancer for
women 35 years of age or older who are eligible for medical
assistance under this Article, as follows: a baseline
mammogram for women 35 to 39 years of age; a mammogram every
1 to 2 years, even if no symptoms are present, for women 40
to 49 years of age; and an annual mammogram for women 50
years of age or older. All screenings shall include a
physical breast exam, instruction on self-examination and
information regarding the frequency of self-examination and
its value as a preventative tool. As used in this Section,
"low-dose mammography" means the x-ray examination of the
breast using equipment dedicated specifically for
mammography, including the x-ray tube, filter, compression
device, image receptor, and cassettes, with an average
radiation exposure delivery of less than one rad mid-breast,
with 2 views for each breast.
Any medical or health care provider shall immediately
recommend, to any pregnant woman who is being provided
prenatal services and is suspected of drug abuse or is
addicted as defined in the Alcoholism and Other Drug Abuse
and Dependency Act, referral to a local substance abuse
treatment provider licensed by the Department of Human
Services or to a licensed hospital which provides substance
abuse treatment services. The Department of Public Aid shall
assure coverage for the cost of treatment of the drug abuse
or addiction for pregnant recipients in accordance with the
Illinois Medicaid Program in conjunction with the Department
of Human Services.
All medical providers providing medical assistance to
pregnant women under this Code shall receive information from
the Department on the availability of services under the Drug
Free Families with a Future or any comparable program
providing case management services for addicted women,
including information on appropriate referrals for other
social services that may be needed by addicted women in
addition to treatment for addiction.
The Illinois Department, in cooperation with the
Departments of Human Services (as successor to the Department
of Alcoholism and Substance Abuse) and Public Health, through
a public awareness campaign, may provide information
concerning treatment for alcoholism and drug abuse and
addiction, prenatal health care, and other pertinent programs
directed at reducing the number of drug-affected infants born
to recipients of medical assistance.
Neither the Illinois Department of Public Aid nor the
Department of Human Services shall sanction the recipient
solely on the basis of her substance abuse.
The Illinois Department shall establish such regulations
governing the dispensing of health services under this
Article as it shall deem appropriate. In formulating these
regulations the Illinois Department shall consult with and
give substantial weight to the recommendations offered by the
Citizens Assembly/Council on Public Aid. The Department
should seek the advice of formal professional advisory
committees appointed by the Director of the Illinois
Department for the purpose of providing regular advice on
policy and administrative matters, information dissemination
and educational activities for medical and health care
providers, and consistency in procedures to the Illinois
Department.
The Illinois Department may develop and contract with
Partnerships of medical providers to arrange medical services
for persons eligible under Section 5-2 of this Code.
Implementation of this Section may be by demonstration
projects in certain geographic areas. The Partnership shall
be represented by a sponsor organization. The Department, by
rule, shall develop qualifications for sponsors of
Partnerships. Nothing in this Section shall be construed to
require that the sponsor organization be a medical
organization.
The sponsor must negotiate formal written contracts with
medical providers for physician services, inpatient and
outpatient hospital care, home health services, treatment for
alcoholism and substance abuse, and other services determined
necessary by the Illinois Department by rule for delivery by
Partnerships. Physician services must include prenatal and
obstetrical care. The Illinois Department shall reimburse
medical services delivered by Partnership providers to
clients in target areas according to provisions of this
Article and the Illinois Health Finance Reform Act, except
that:
(1) Physicians participating in a Partnership and
providing certain services, which shall be determined by
the Illinois Department, to persons in areas covered by
the Partnership may receive an additional surcharge for
such services.
(2) The Department may elect to consider and
negotiate financial incentives to encourage the
development of Partnerships and the efficient delivery of
medical care.
(3) Persons receiving medical services through
Partnerships may receive medical and case management
services above the level usually offered through the
medical assistance program.
Medical providers shall be required to meet certain
qualifications to participate in Partnerships to ensure the
delivery of high quality medical services. These
qualifications shall be determined by rule of the Illinois
Department and may be higher than qualifications for
participation in the medical assistance program. Partnership
sponsors may prescribe reasonable additional qualifications
for participation by medical providers, only with the prior
written approval of the Illinois Department.
Nothing in this Section shall limit the free choice of
practitioners, hospitals, and other providers of medical
services by clients.
The Department shall apply for a waiver from the United
States Health Care Financing Administration to allow for the
implementation of Partnerships under this Section.
The Illinois Department shall require health care
providers to maintain records that document the medical care
and services provided to recipients of Medical Assistance
under this Article. The Illinois Department shall require
health care providers to make available, when authorized by
the patient, in writing, the medical records in a timely
fashion to other health care providers who are treating or
serving persons eligible for Medical Assistance under this
Article. All dispensers of medical services shall be
required to maintain and retain business and professional
records sufficient to fully and accurately document the
nature, scope, details and receipt of the health care
provided to persons eligible for medical assistance under
this Code, in accordance with regulations promulgated by the
Illinois Department. The rules and regulations shall require
that proof of the receipt of prescription drugs, dentures,
prosthetic devices and eyeglasses by eligible persons under
this Section accompany each claim for reimbursement submitted
by the dispenser of such medical services. No such claims for
reimbursement shall be approved for payment by the Illinois
Department without such proof of receipt, unless the Illinois
Department shall have put into effect and shall be operating
a system of post-payment audit and review which shall, on a
sampling basis, be deemed adequate by the Illinois Department
to assure that such drugs, dentures, prosthetic devices and
eyeglasses for which payment is being made are actually being
received by eligible recipients. Within 90 days after the
effective date of this amendatory Act of 1984, the Illinois
Department shall establish a current list of acquisition
costs for all prosthetic devices and any other items
recognized as medical equipment and supplies reimbursable
under this Article and shall update such list on a quarterly
basis, except that the acquisition costs of all prescription
drugs shall be updated no less frequently than every 30 days
as required by Section 5-5.12.
The rules and regulations of the Illinois Department
shall require that a written statement including the required
opinion of a physician shall accompany any claim for
reimbursement for abortions, or induced miscarriages or
premature births. This statement shall indicate what
procedures were used in providing such medical services.
The Illinois Department shall require that all dispensers
of medical services, other than an individual practitioner or
group of practitioners, desiring to participate in the
Medical Assistance program established under this Article to
disclose all financial, beneficial, ownership, equity, surety
or other interests in any and all firms, corporations,
partnerships, associations, business enterprises, joint
ventures, agencies, institutions or other legal entities
providing any form of health care services in this State
under this Article.
The Illinois Department may require that all dispensers
of medical services desiring to participate in the medical
assistance program established under this Article disclose,
under such terms and conditions as the Illinois Department
may by rule establish, all inquiries from clients and
attorneys regarding medical bills paid by the Illinois
Department, which inquiries could indicate potential
existence of claims or liens for the Illinois Department.
The Illinois Department shall establish policies,
procedures, standards and criteria by rule for the
acquisition, repair and replacement of orthotic and
prosthetic devices and durable medical equipment. Such rules
shall provide, but not be limited to, the following services:
(1) immediate repair or replacement of such devices by
recipients without medical authorization; and (2) rental,
lease, purchase or lease-purchase of durable medical
equipment in a cost-effective manner, taking into
consideration the recipient's medical prognosis, the extent
of the recipient's needs, and the requirements and costs for
maintaining such equipment. Such rules shall enable a
recipient to temporarily acquire and use alternative or
substitute devices or equipment pending repairs or
replacements of any device or equipment previously authorized
for such recipient by the Department. Rules under clause (2)
above shall not provide for purchase or lease-purchase of
durable medical equipment or supplies used for the purpose of
oxygen delivery and respiratory care.
The Department shall execute, relative to the nursing
home prescreening project, written inter-agency agreements
with the Department of Human Services and the Department on
Aging, to effect the following: (i) intake procedures and
common eligibility criteria for those persons who are
receiving non-institutional services; and (ii) the
establishment and development of non-institutional services
in areas of the State where they are not currently available
or are undeveloped.
The Illinois Department shall develop and operate, in
cooperation with other State Departments and agencies and in
compliance with applicable federal laws and regulations,
appropriate and effective systems of health care evaluation
and programs for monitoring of utilization of health care
services and facilities, as it affects persons eligible for
medical assistance under this Code. The Illinois Department
shall report regularly the results of the operation of such
systems and programs to the Citizens Assembly/Council on
Public Aid to enable the Committee to ensure, from time to
time, that these programs are effective and meaningful.
The Illinois Department shall report annually to the
General Assembly, no later than the second Friday in April of
1979 and each year thereafter, in regard to:
(a) actual statistics and trends in utilization of
medical services by public aid recipients;
(b) actual statistics and trends in the provision
of the various medical services by medical vendors;
(c) current rate structures and proposed changes in
those rate structures for the various medical vendors;
and
(d) efforts at utilization review and control by
the Illinois Department.
The period covered by each report shall be the 3 years
ending on the June 30 prior to the report. The report shall
include suggested legislation for consideration by the
General Assembly. The filing of one copy of the report with
the Speaker, one copy with the Minority Leader and one copy
with the Clerk of the House of Representatives, one copy with
the President, one copy with the Minority Leader and one copy
with the Secretary of the Senate, one copy with the
Legislative Research Unit, such additional copies with the
State Government Report Distribution Center for the General
Assembly as is required under paragraph (t) of Section 7 of
the State Library Act and one copy with the Citizens
Assembly/Council on Public Aid or its successor shall be
deemed sufficient to comply with this Section.
(Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 7-1-95;
89-507, eff. 7-1-97; 89-517, eff. 1-1-97; revised 8-26-96.)
(305 ILCS 5/5-16.3)
Sec. 5-16.3. System for integrated health care services.
(a) It shall be the public policy of the State to adopt,
to the extent practicable, a health care program that
encourages the integration of health care services and
manages the health care of program enrollees while preserving
reasonable choice within a competitive and cost-efficient
environment. In furtherance of this public policy, the
Illinois Department shall develop and implement an integrated
health care program consistent with the provisions of this
Section. The provisions of this Section apply only to the
integrated health care program created under this Section.
Persons enrolled in the integrated health care program, as
determined by the Illinois Department by rule, shall be
afforded a choice among health care delivery systems, which
shall include, but are not limited to, (i) fee for service
care managed by a primary care physician licensed to practice
medicine in all its branches, (ii) managed health care
entities, and (iii) federally qualified health centers
(reimbursed according to a prospective cost-reimbursement
methodology) and rural health clinics (reimbursed according
to the Medicare methodology), where available. Persons
enrolled in the integrated health care program also may be
offered indemnity insurance plans, subject to availability.
For purposes of this Section, a "managed health care
entity" means a health maintenance organization or a managed
care community network as defined in this Section. A "health
maintenance organization" means a health maintenance
organization as defined in the Health Maintenance
Organization Act. A "managed care community network" means
an entity, other than a health maintenance organization, that
is owned, operated, or governed by providers of health care
services within this State and that provides or arranges
primary, secondary, and tertiary managed health care services
under contract with the Illinois Department exclusively to
enrollees of the integrated health care program. A managed
care community network may contract with the Illinois
Department to provide only pediatric health care services. A
county provider as defined in Section 15-1 of this Code may
contract with the Illinois Department to provide services to
enrollees of the integrated health care program as a managed
care community network without the need to establish a
separate entity that provides services exclusively to
enrollees of the integrated health care program and shall be
deemed a managed care community network for purposes of this
Code only to the extent of the provision of services to those
enrollees in conjunction with the integrated health care
program. A county provider shall be entitled to contract
with the Illinois Department with respect to any contracting
region located in whole or in part within the county. A
county provider shall not be required to accept enrollees who
do not reside within the county.
Each managed care community network must demonstrate its
ability to bear the financial risk of serving enrollees under
this program. The Illinois Department shall by rule adopt
criteria for assessing the financial soundness of each
managed care community network. These rules shall consider
the extent to which a managed care community network is
comprised of providers who directly render health care and
are located within the community in which they seek to
contract rather than solely arrange or finance the delivery
of health care. These rules shall further consider a variety
of risk-bearing and management techniques, including the
sufficiency of quality assurance and utilization management
programs and whether a managed care community network has
sufficiently demonstrated its financial solvency and net
worth. The Illinois Department's criteria must be based on
sound actuarial, financial, and accounting principles. In
adopting these rules, the Illinois Department shall consult
with the Illinois Department of Insurance. The Illinois
Department is responsible for monitoring compliance with
these rules.
This Section may not be implemented before the effective
date of these rules, the approval of any necessary federal
waivers, and the completion of the review of an application
submitted, at least 60 days before the effective date of
rules adopted under this Section, to the Illinois Department
by a managed care community network.
All health care delivery systems that contract with the
Illinois Department under the integrated health care program
shall clearly recognize a health care provider's right of
conscience under the Right of Conscience Act. In addition to
the provisions of that Act, no health care delivery system
that contracts with the Illinois Department under the
integrated health care program shall be required to provide,
arrange for, or pay for any health care or medical service,
procedure, or product if that health care delivery system is
owned, controlled, or sponsored by or affiliated with a
religious institution or religious organization that finds
that health care or medical service, procedure, or product to
violate its religious and moral teachings and beliefs.
(b) The Illinois Department may, by rule, provide for
different benefit packages for different categories of
persons enrolled in the program. Mental health services,
alcohol and substance abuse services, services related to
children with chronic or acute conditions requiring
longer-term treatment and follow-up, and rehabilitation care
provided by a free-standing rehabilitation hospital or a
hospital rehabilitation unit may be excluded from a benefit
package if the State ensures that those services are made
available through a separate delivery system. An exclusion
does not prohibit the Illinois Department from developing and
implementing demonstration projects for categories of persons
or services. Benefit packages for persons eligible for
medical assistance under Articles V, VI, and XII shall be
based on the requirements of those Articles and shall be
consistent with the Title XIX of the Social Security Act.
Nothing in this Act shall be construed to apply to services
purchased by the Department of Children and Family Services
and the Department of Human Services (as successor to the
Department of Mental Health and Developmental Disabilities)
under the provisions of Title 59 of the Illinois
Administrative Code, Part 132 ("Medicaid Community Mental
Health Services Program").
(c) The program established by this Section may be
implemented by the Illinois Department in various contracting
areas at various times. The health care delivery systems and
providers available under the program may vary throughout the
State. For purposes of contracting with managed health care
entities and providers, the Illinois Department shall
establish contracting areas similar to the geographic areas
designated by the Illinois Department for contracting
purposes under the Illinois Competitive Access and
Reimbursement Equity Program (ICARE) under the authority of
Section 3-4 of the Illinois Health Finance Reform Act or
similarly-sized or smaller geographic areas established by
the Illinois Department by rule. A managed health care entity
shall be permitted to contract in any geographic areas for
which it has a sufficient provider network and otherwise
meets the contracting terms of the State. The Illinois
Department is not prohibited from entering into a contract
with a managed health care entity at any time.
(d) A managed health care entity that contracts with the
Illinois Department for the provision of services under the
program shall do all of the following, solely for purposes of
the integrated health care program:
(1) Provide that any individual physician licensed
to practice medicine in all its branches, any pharmacy,
any federally qualified health center, and any
podiatrist, that consistently meets the reasonable terms
and conditions established by the managed health care
entity, including but not limited to credentialing
standards, quality assurance program requirements,
utilization management requirements, financial
responsibility standards, contracting process
requirements, and provider network size and accessibility
requirements, must be accepted by the managed health care
entity for purposes of the Illinois integrated health
care program. Any individual who is either terminated
from or denied inclusion in the panel of physicians of
the managed health care entity shall be given, within 10
business days after that determination, a written
explanation of the reasons for his or her exclusion or
termination from the panel. This paragraph (1) does not
apply to the following:
(A) A managed health care entity that
certifies to the Illinois Department that:
(i) it employs on a full-time basis 125
or more Illinois physicians licensed to
practice medicine in all of its branches; and
(ii) it will provide medical services
through its employees to more than 80% of the
recipients enrolled with the entity in the
integrated health care program; or
(B) A domestic stock insurance company
licensed under clause (b) of class 1 of Section 4 of
the Illinois Insurance Code if (i) at least 66% of
the stock of the insurance company is owned by a
professional corporation organized under the
Professional Service Corporation Act that has 125 or
more shareholders who are Illinois physicians
licensed to practice medicine in all of its branches
and (ii) the insurance company certifies to the
Illinois Department that at least 80% of those
physician shareholders will provide services to
recipients enrolled with the company in the
integrated health care program.
(2) Provide for reimbursement for providers for
emergency care, as defined by the Illinois Department by
rule, that must be provided to its enrollees, including
an emergency room screening fee, and urgent care that it
authorizes for its enrollees, regardless of the
provider's affiliation with the managed health care
entity. Providers shall be reimbursed for emergency care
at an amount equal to the Illinois Department's
fee-for-service rates for those medical services rendered
by providers not under contract with the managed health
care entity to enrollees of the entity.
(3) Provide that any provider affiliated with a
managed health care entity may also provide services on a
fee-for-service basis to Illinois Department clients not
enrolled in a managed health care entity.
(4) Provide client education services as determined
and approved by the Illinois Department, including but
not limited to (i) education regarding appropriate
utilization of health care services in a managed care
system, (ii) written disclosure of treatment policies and
any restrictions or limitations on health services,
including, but not limited to, physical services,
clinical laboratory tests, hospital and surgical
procedures, prescription drugs and biologics, and
radiological examinations, and (iii) written notice that
the enrollee may receive from another provider those
services covered under this program that are not provided
by the managed health care entity.
(5) Provide that enrollees within its system may
choose the site for provision of services and the panel
of health care providers.
(6) Not discriminate in its enrollment or
disenrollment practices among recipients of medical
services or program enrollees based on health status.
(7) Provide a quality assurance and utilization
review program that (i) for health maintenance
organizations meets the requirements of the Health
Maintenance Organization Act and (ii) for managed care
community networks meets the requirements established by
the Illinois Department in rules that incorporate those
standards set forth in the Health Maintenance
Organization Act.
(8) Issue a managed health care entity
identification card to each enrollee upon enrollment.
The card must contain all of the following:
(A) The enrollee's signature.
(B) The enrollee's health plan.
(C) The name and telephone number of the
enrollee's primary care physician.
(D) A telephone number to be used for
emergency service 24 hours per day, 7 days per week.
The telephone number required to be maintained
pursuant to this subparagraph by each managed health
care entity shall, at minimum, be staffed by
medically trained personnel and be provided
directly, or under arrangement, at an office or
offices in locations maintained solely within the
State of Illinois. For purposes of this
subparagraph, "medically trained personnel" means
licensed practical nurses or registered nurses
located in the State of Illinois who are licensed
pursuant to the Illinois Nursing Act of 1987.
(9) Ensure that every primary care physician and
pharmacy in the managed health care entity meets the
standards established by the Illinois Department for
accessibility and quality of care. The Illinois
Department shall arrange for and oversee an evaluation of
the standards established under this paragraph (9) and
may recommend any necessary changes to these standards.
The Illinois Department shall submit an annual report to
the Governor and the General Assembly by April 1 of each
year regarding the effect of the standards on ensuring
access and quality of care to enrollees.
(10) Provide a procedure for handling complaints
that (i) for health maintenance organizations meets the
requirements of the Health Maintenance Organization Act
and (ii) for managed care community networks meets the
requirements established by the Illinois Department in
rules that incorporate those standards set forth in the
Health Maintenance Organization Act.
(11) Maintain, retain, and make available to the
Illinois Department records, data, and information, in a
uniform manner determined by the Illinois Department,
sufficient for the Illinois Department to monitor
utilization, accessibility, and quality of care.
(12) Except for providers who are prepaid, pay all
approved claims for covered services that are completed
and submitted to the managed health care entity within 30
days after receipt of the claim or receipt of the
appropriate capitation payment or payments by the managed
health care entity from the State for the month in which
the services included on the claim were rendered,
whichever is later. If payment is not made or mailed to
the provider by the managed health care entity by the due
date under this subsection, an interest penalty of 1% of
any amount unpaid shall be added for each month or
fraction of a month after the due date, until final
payment is made. Nothing in this Section shall prohibit
managed health care entities and providers from mutually
agreeing to terms that require more timely payment.
(13) Provide integration with community-based
programs provided by certified local health departments
such as Women, Infants, and Children Supplemental Food
Program (WIC), childhood immunization programs, health
education programs, case management programs, and health
screening programs.
(14) Provide that the pharmacy formulary used by a
managed health care entity and its contract providers be
no more restrictive than the Illinois Department's
pharmaceutical program on the effective date of this
amendatory Act of 1994 and as amended after that date.
(15) Provide integration with community-based
organizations, including, but not limited to, any
organization that has operated within a Medicaid
Partnership as defined by this Code or by rule of the
Illinois Department, that may continue to operate under a
contract with the Illinois Department or a managed health
care entity under this Section to provide case management
services to Medicaid clients in designated high-need
areas.
The Illinois Department may, by rule, determine
methodologies to limit financial liability for managed health
care entities resulting from payment for services to
enrollees provided under the Illinois Department's integrated
health care program. Any methodology so determined may be
considered or implemented by the Illinois Department through
a contract with a managed health care entity under this
integrated health care program.
The Illinois Department shall contract with an entity or
entities to provide external peer-based quality assurance
review for the integrated health care program. The entity
shall be representative of Illinois physicians licensed to
practice medicine in all its branches and have statewide
geographic representation in all specialties of medical care
that are provided within the integrated health care program.
The entity may not be a third party payer and shall maintain
offices in locations around the State in order to provide
service and continuing medical education to physician
participants within the integrated health care program. The
review process shall be developed and conducted by Illinois
physicians licensed to practice medicine in all its branches.
In consultation with the entity, the Illinois Department may
contract with other entities for professional peer-based
quality assurance review of individual categories of services
other than services provided, supervised, or coordinated by
physicians licensed to practice medicine in all its branches.
The Illinois Department shall establish, by rule, criteria to
avoid conflicts of interest in the conduct of quality
assurance activities consistent with professional peer-review
standards. All quality assurance activities shall be
coordinated by the Illinois Department.
(e) All persons enrolled in the program shall be
provided with a full written explanation of all
fee-for-service and managed health care plan options and a
reasonable opportunity to choose among the options as
provided by rule. The Illinois Department shall provide to
enrollees, upon enrollment in the integrated health care
program and at least annually thereafter, notice of the
process for requesting an appeal under the Illinois
Department's administrative appeal procedures.
Notwithstanding any other Section of this Code, the Illinois
Department may provide by rule for the Illinois Department to
assign a person enrolled in the program to a specific
provider of medical services or to a specific health care
delivery system if an enrollee has failed to exercise choice
in a timely manner. An enrollee assigned by the Illinois
Department shall be afforded the opportunity to disenroll and
to select a specific provider of medical services or a
specific health care delivery system within the first 30 days
after the assignment. An enrollee who has failed to exercise
choice in a timely manner may be assigned only if there are 3
or more managed health care entities contracting with the
Illinois Department within the contracting area, except that,
outside the City of Chicago, this requirement may be waived
for an area by rules adopted by the Illinois Department after
consultation with all hospitals within the contracting area.
The Illinois Department shall establish by rule the procedure
for random assignment of enrollees who fail to exercise
choice in a timely manner to a specific managed health care
entity in proportion to the available capacity of that
managed health care entity. Assignment to a specific provider
of medical services or to a specific managed health care
entity may not exceed that provider's or entity's capacity as
determined by the Illinois Department. Any person who has
chosen a specific provider of medical services or a specific
managed health care entity, or any person who has been
assigned under this subsection, shall be given the
opportunity to change that choice or assignment at least once
every 12 months, as determined by the Illinois Department by
rule. The Illinois Department shall maintain a toll-free
telephone number for program enrollees' use in reporting
problems with managed health care entities.
(f) If a person becomes eligible for participation in
the integrated health care program while he or she is
hospitalized, the Illinois Department may not enroll that
person in the program until after he or she has been
discharged from the hospital. This subsection does not apply
to newborn infants whose mothers are enrolled in the
integrated health care program.
(g) The Illinois Department shall, by rule, establish
for managed health care entities rates that (i) are certified
to be actuarially sound, as determined by an actuary who is
an associate or a fellow of the Society of Actuaries or a
member of the American Academy of Actuaries and who has
expertise and experience in medical insurance and benefit
programs, in accordance with the Illinois Department's
current fee-for-service payment system, and (ii) take into
account any difference of cost to provide health care to
different populations based on gender, age, location, and
eligibility category. The rates for managed health care
entities shall be determined on a capitated basis.
The Illinois Department by rule shall establish a method
to adjust its payments to managed health care entities in a
manner intended to avoid providing any financial incentive to
a managed health care entity to refer patients to a county
provider, in an Illinois county having a population greater
than 3,000,000, that is paid directly by the Illinois
Department. The Illinois Department shall by April 1, 1997,
and annually thereafter, review the method to adjust
payments. Payments by the Illinois Department to the county
provider, for persons not enrolled in a managed care
community network owned or operated by a county provider,
shall be paid on a fee-for-service basis under Article XV of
this Code.
The Illinois Department by rule shall establish a method
to reduce its payments to managed health care entities to
take into consideration (i) any adjustment payments paid to
hospitals under subsection (h) of this Section to the extent
those payments, or any part of those payments, have been
taken into account in establishing capitated rates under this
subsection (g) and (ii) the implementation of methodologies
to limit financial liability for managed health care entities
under subsection (d) of this Section.
(h) For hospital services provided by a hospital that
contracts with a managed health care entity, adjustment
payments shall be paid directly to the hospital by the
Illinois Department. Adjustment payments may include but
need not be limited to adjustment payments to:
disproportionate share hospitals under Section 5-5.02 of this
Code; primary care access health care education payments (89
Ill. Adm. Code 149.140); payments for capital, direct medical
education, indirect medical education, certified registered
nurse anesthetist, and kidney acquisition costs (89 Ill. Adm.
Code 149.150(c)); uncompensated care payments (89 Ill. Adm.
Code 148.150(h)); trauma center payments (89 Ill. Adm. Code
148.290(c)); rehabilitation hospital payments (89 Ill. Adm.
Code 148.290(d)); perinatal center payments (89 Ill. Adm.
Code 148.290(e)); obstetrical care payments (89 Ill. Adm.
Code 148.290(f)); targeted access payments (89 Ill. Adm. Code
148.290(g)); Medicaid high volume payments (89 Ill. Adm. Code
148.290(h)); and outpatient indigent volume adjustments (89
Ill. Adm. Code 148.140(b)(5)).
(i) For any hospital eligible for the adjustment
payments described in subsection (h), the Illinois Department
shall maintain, through the period ending June 30, 1995,
reimbursement levels in accordance with statutes and rules in
effect on April 1, 1994.
(j) Nothing contained in this Code in any way limits or
otherwise impairs the authority or power of the Illinois
Department to enter into a negotiated contract pursuant to
this Section with a managed health care entity, including,
but not limited to, a health maintenance organization, that
provides for termination or nonrenewal of the contract
without cause upon notice as provided in the contract and
without a hearing.
(k) Section 5-5.15 does not apply to the program
developed and implemented pursuant to this Section.
(l) The Illinois Department shall, by rule, define those
chronic or acute medical conditions of childhood that require
longer-term treatment and follow-up care. The Illinois
Department shall ensure that services required to treat these
conditions are available through a separate delivery system.
A managed health care entity that contracts with the
Illinois Department may refer a child with medical conditions
described in the rules adopted under this subsection directly
to a children's hospital or to a hospital, other than a
children's hospital, that is qualified to provide inpatient
and outpatient services to treat those conditions. The
Illinois Department shall provide fee-for-service
reimbursement directly to a children's hospital for those
services pursuant to Title 89 of the Illinois Administrative
Code, Section 148.280(a), at a rate at least equal to the
rate in effect on March 31, 1994. For hospitals, other than
children's hospitals, that are qualified to provide inpatient
and outpatient services to treat those conditions, the
Illinois Department shall provide reimbursement for those
services on a fee-for-service basis, at a rate at least equal
to the rate in effect for those other hospitals on March 31,
1994.
A children's hospital shall be directly reimbursed for
all services provided at the children's hospital on a
fee-for-service basis pursuant to Title 89 of the Illinois
Administrative Code, Section 148.280(a), at a rate at least
equal to the rate in effect on March 31, 1994, until the
later of (i) implementation of the integrated health care
program under this Section and development of actuarially
sound capitation rates for services other than those chronic
or acute medical conditions of childhood that require
longer-term treatment and follow-up care as defined by the
Illinois Department in the rules adopted under this
subsection or (ii) March 31, 1996.
Notwithstanding anything in this subsection to the
contrary, a managed health care entity shall not consider
sources or methods of payment in determining the referral of
a child. The Illinois Department shall adopt rules to
establish criteria for those referrals. The Illinois
Department by rule shall establish a method to adjust its
payments to managed health care entities in a manner intended
to avoid providing any financial incentive to a managed
health care entity to refer patients to a provider who is
paid directly by the Illinois Department.
(m) Behavioral health services provided or funded by the
Department of Human Services, the Department of Children and
Family Services, and the Illinois Department shall be
excluded from a benefit package. Conditions of an organic or
physical origin or nature, including medical detoxification,
however, may not be excluded. In this subsection,
"behavioral health services" means mental health services and
subacute alcohol and substance abuse treatment services, as
defined in the Illinois Alcoholism and Other Drug Dependency
Act. In this subsection, "mental health services" includes,
at a minimum, the following services funded by the Illinois
Department, the Department of Human Services (as successor to
the Department of Mental Health and Developmental
Disabilities), or the Department of Children and Family
Services: (i) inpatient hospital services, including related
physician services, related psychiatric interventions, and
pharmaceutical services provided to an eligible recipient
hospitalized with a primary diagnosis of psychiatric
disorder; (ii) outpatient mental health services as defined
and specified in Title 59 of the Illinois Administrative
Code, Part 132; (iii) any other outpatient mental health
services funded by the Illinois Department pursuant to the
State of Illinois Medicaid Plan; (iv) partial
hospitalization; and (v) follow-up stabilization related to
any of those services. Additional behavioral health services
may be excluded under this subsection as mutually agreed in
writing by the Illinois Department and the affected State
agency or agencies. The exclusion of any service does not
prohibit the Illinois Department from developing and
implementing demonstration projects for categories of persons
or services. The Department of Children and Family Services
and the Department of Human Services shall each adopt rules
governing the integration of managed care in the provision of
behavioral health services. The State shall integrate managed
care community networks and affiliated providers, to the
extent practicable, in any separate delivery system for
mental health services.
(n) The Illinois Department shall adopt rules to
establish reserve requirements for managed care community
networks, as required by subsection (a), and health
maintenance organizations to protect against liabilities in
the event that a managed health care entity is declared
insolvent or bankrupt. If a managed health care entity other
than a county provider is declared insolvent or bankrupt,
after liquidation and application of any available assets,
resources, and reserves, the Illinois Department shall pay a
portion of the amounts owed by the managed health care entity
to providers for services rendered to enrollees under the
integrated health care program under this Section based on
the following schedule: (i) from April 1, 1995 through June
30, 1998, 90% of the amounts owed; (ii) from July 1, 1998
through June 30, 2001, 80% of the amounts owed; and (iii)
from July 1, 2001 through June 30, 2005, 75% of the amounts
owed. The amounts paid under this subsection shall be
calculated based on the total amount owed by the managed
health care entity to providers before application of any
available assets, resources, and reserves. After June 30,
2005, the Illinois Department may not pay any amounts owed to
providers as a result of an insolvency or bankruptcy of a
managed health care entity occurring after that date. The
Illinois Department is not obligated, however, to pay amounts
owed to a provider that has an ownership or other governing
interest in the managed health care entity. This subsection
applies only to managed health care entities and the services
they provide under the integrated health care program under
this Section.
(o) Notwithstanding any other provision of law or
contractual agreement to the contrary, providers shall not be
required to accept from any other third party payer the rates
determined or paid under this Code by the Illinois
Department, managed health care entity, or other health care
delivery system for services provided to recipients.
(p) The Illinois Department may seek and obtain any
necessary authorization provided under federal law to
implement the program, including the waiver of any federal
statutes or regulations. The Illinois Department may seek a
waiver of the federal requirement that the combined
membership of Medicare and Medicaid enrollees in a managed
care community network may not exceed 75% of the managed care
community network's total enrollment. The Illinois
Department shall not seek a waiver of this requirement for
any other category of managed health care entity. The
Illinois Department shall not seek a waiver of the inpatient
hospital reimbursement methodology in Section 1902(a)(13)(A)
of Title XIX of the Social Security Act even if the federal
agency responsible for administering Title XIX determines
that Section 1902(a)(13)(A) applies to managed health care
systems.
Notwithstanding any other provisions of this Code to the
contrary, the Illinois Department shall seek a waiver of
applicable federal law in order to impose a co-payment system
consistent with this subsection on recipients of medical
services under Title XIX of the Social Security Act who are
not enrolled in a managed health care entity. The waiver
request submitted by the Illinois Department shall provide
for co-payments of up to $0.50 for prescribed drugs and up to
$0.50 for x-ray services and shall provide for co-payments of
up to $10 for non-emergency services provided in a hospital
emergency room and up to $10 for non-emergency ambulance
services. The purpose of the co-payments shall be to deter
those recipients from seeking unnecessary medical care.
Co-payments may not be used to deter recipients from seeking
necessary medical care. No recipient shall be required to
pay more than a total of $150 per year in co-payments under
the waiver request required by this subsection. A recipient
may not be required to pay more than $15 of any amount due
under this subsection in any one month.
Co-payments authorized under this subsection may not be
imposed when the care was necessitated by a true medical
emergency. Co-payments may not be imposed for any of the
following classifications of services:
(1) Services furnished to person under 18 years of
age.
(2) Services furnished to pregnant women.
(3) Services furnished to any individual who is an
inpatient in a hospital, nursing facility, intermediate
care facility, or other medical institution, if that
person is required to spend for costs of medical care all
but a minimal amount of his or her income required for
personal needs.
(4) Services furnished to a person who is receiving
hospice care.
Co-payments authorized under this subsection shall not be
deducted from or reduce in any way payments for medical
services from the Illinois Department to providers. No
provider may deny those services to an individual eligible
for services based on the individual's inability to pay the
co-payment.
Recipients who are subject to co-payments shall be
provided notice, in plain and clear language, of the amount
of the co-payments, the circumstances under which co-payments
are exempted, the circumstances under which co-payments may
be assessed, and their manner of collection.
The Illinois Department shall establish a Medicaid
Co-Payment Council to assist in the development of co-payment
policies for the medical assistance program. The Medicaid
Co-Payment Council shall also have jurisdiction to develop a
program to provide financial or non-financial incentives to
Medicaid recipients in order to encourage recipients to seek
necessary health care. The Council shall be chaired by the
Director of the Illinois Department, and shall have 6
additional members. Two of the 6 additional members shall be
appointed by the Governor, and one each shall be appointed by
the President of the Senate, the Minority Leader of the
Senate, the Speaker of the House of Representatives, and the
Minority Leader of the House of Representatives. The Council
may be convened and make recommendations upon the appointment
of a majority of its members. The Council shall be appointed
and convened no later than September 1, 1994 and shall report
its recommendations to the Director of the Illinois
Department and the General Assembly no later than October 1,
1994. The chairperson of the Council shall be allowed to
vote only in the case of a tie vote among the appointed
members of the Council.
The Council shall be guided by the following principles
as it considers recommendations to be developed to implement
any approved waivers that the Illinois Department must seek
pursuant to this subsection:
(1) Co-payments should not be used to deter access
to adequate medical care.
(2) Co-payments should be used to reduce fraud.
(3) Co-payment policies should be examined in
consideration of other states' experience, and the
ability of successful co-payment plans to control
unnecessary or inappropriate utilization of services
should be promoted.
(4) All participants, both recipients and
providers, in the medical assistance program have
responsibilities to both the State and the program.
(5) Co-payments are primarily a tool to educate the
participants in the responsible use of health care
resources.
(6) Co-payments should not be used to penalize
providers.
(7) A successful medical program requires the
elimination of improper utilization of medical resources.
The integrated health care program, or any part of that
program, established under this Section may not be
implemented if matching federal funds under Title XIX of the
Social Security Act are not available for administering the
program.
The Illinois Department shall submit for publication in
the Illinois Register the name, address, and telephone number
of the individual to whom a request may be directed for a
copy of the request for a waiver of provisions of Title XIX
of the Social Security Act that the Illinois Department
intends to submit to the Health Care Financing Administration
in order to implement this Section. The Illinois Department
shall mail a copy of that request for waiver to all
requestors at least 16 days before filing that request for
waiver with the Health Care Financing Administration.
(q) After the effective date of this Section, the
Illinois Department may take all planning and preparatory
action necessary to implement this Section, including, but
not limited to, seeking requests for proposals relating to
the integrated health care program created under this
Section.
(r) In order to (i) accelerate and facilitate the
development of integrated health care in contracting areas
outside counties with populations in excess of 3,000,000 and
counties adjacent to those counties and (ii) maintain and
sustain the high quality of education and residency programs
coordinated and associated with local area hospitals, the
Illinois Department may develop and implement a demonstration
program for managed care community networks owned, operated,
or governed by State-funded medical schools. The Illinois
Department shall prescribe by rule the criteria, standards,
and procedures for effecting this demonstration program.
(s) (Blank).
(t) On April 1, 1995 and every 6 months thereafter, the
Illinois Department shall report to the Governor and General
Assembly on the progress of the integrated health care
program in enrolling clients into managed health care
entities. The report shall indicate the capacities of the
managed health care entities with which the State contracts,
the number of clients enrolled by each contractor, the areas
of the State in which managed care options do not exist, and
the progress toward meeting the enrollment goals of the
integrated health care program.
(u) The Illinois Department may implement this Section
through the use of emergency rules in accordance with Section
5-45 of the Illinois Administrative Procedure Act. For
purposes of that Act, the adoption of rules to implement this
Section is deemed an emergency and necessary for the public
interest, safety, and welfare.
(Source: P.A. 88-554, eff. 7-26-94; 89-21, eff. 7-1-95;
89-507, eff. 7-1-97; 89-673, eff. 8-14-96; revised 8-26-96.)
(305 ILCS 5/11-9) (from Ch. 23, par. 11-9)
Sec. 11-9. Protection of records - Exceptions. For the
protection of applicants and recipients, the Illinois
Department, the county departments and local governmental
units and their respective officers and employees are
prohibited, except as hereinafter provided, from disclosing
the contents of any records, files, papers and
communications, except for purposes directly connected with
the administration of public aid under this Code.
In any judicial proceeding, except a proceeding directly
concerned with the administration of programs provided for in
this Code, such records, files, papers and communications,
and their contents shall be deemed privileged communications
and shall be disclosed only upon the order of the court,
where the court finds such to be necessary in the interest of
justice.
The Illinois Department shall establish and enforce
reasonable rules and regulations governing the custody, use
and preservation of the records, papers, files, and
communications of the Illinois Department, the county
departments and local governmental units receiving State or
Federal funds or aid. The governing body of other local
governmental units shall in like manner establish and enforce
rules and regulations governing the same matters.
The contents of case files pertaining to recipients under
Articles VI and VII shall be made available without subpoena
or formal notice to the officers of any court, to all law
enforcing agencies, and to such other persons or agencies as
from time to time may be authorized by any court. In
particular, the contents of those case files shall be made
available upon request to a law enforcement agency for the
purpose of determining the current address of a recipient
with respect to whom an arrest warrant is outstanding.
Information shall also be disclosed to the Illinois State
Scholarship Commission pursuant to an investigation or audit
by the Illinois State Scholarship Commission of a delinquent
student loan or monetary award.
This Section does not prevent the Illinois Department and
local governmental units from reporting to appropriate law
enforcement officials the desertion or abandonment by a
parent of a child, as a result of which financial aid has
been necessitated under Articles IV, V, VI, or VII, or
reporting to appropriate law enforcement officials instances
in which a mother under age 18 has a child out of wedlock and
is an applicant for or recipient of aid under any Article of
this Code. The Illinois Department may provide by rule for
the county departments and local governmental units to
initiate proceedings under the Juvenile Court Act of 1987 to
have children declared to be neglected when they deem such
action necessary to protect the children from immoral
influences present in their home or surroundings.
This Section does not preclude the full exercise of the
powers of the Board of Public Aid Commissioners to inspect
records and documents, as provided for all advisory boards
pursuant to Section 8 of "The Civil Administrative Code of
Illinois", approved March 7, 1917, as amended.
This Section does not preclude exchanges of information
among the Illinois Department of Public Aid, the Department
of Human Services (as successor to the Department of Public
Aid), and the Illinois Department of Revenue for the purpose
of verifying sources and amounts of income and for other
purposes directly connected with the administration of this
Code and of the Illinois Income Tax Act.
The provisions of this Section and of Section 11-11 as
they apply to applicants and recipients of public aid under
Articles III, IV and V shall be operative only to the extent
that they do not conflict with any Federal law or regulation
governing Federal grants to this State for such programs.
The Illinois Department of Public Aid and the Department
of Human Services (as successor to the Illinois Department of
Public Aid) shall enter into an inter-agency agreement with
the Department of Children and Family Services to establish a
procedure by which employees of the Department of Children
and Family Services may have immediate access to records,
files, papers, and communications (except medical, alcohol or
drug assessment or treatment, mental health, or any other
medical records) of the Illinois Department, county
departments, and local governmental units receiving State or
federal funds or aid, if the Department of Children and
Family Services determines the information is necessary to
perform its duties under the Abused and Neglected Child
Reporting Act, the Child Care Act of 1969, and the Children
and Family Services Act.
(Source: P.A. 88-614, eff. 9-7-94; 89-507, eff. 7-1-97;
89-583, eff. 1-1-97; revised 9-9-96.)
(305 ILCS 5/14-8) (from Ch. 23, par. 14-8)
Sec. 14-8. Disbursements to Hospitals.
(a) For inpatient hospital services rendered on and
after September 1, 1991, the Illinois Department shall
reimburse hospitals for inpatient services at an inpatient
payment rate calculated for each hospital based upon the
Medicare Prospective Payment System as set forth in Sections
1886(b), (d), (g), and (h) of the federal Social Security
Act, and the regulations, policies, and procedures
promulgated thereunder, except as modified by this Section.
Payment rates for inpatient hospital services rendered on or
after September 1, 1991 and on or before September 30, 1992
shall be calculated using the Medicare Prospective Payment
rates in effect on September 1, 1991. Payment rates for
inpatient hospital services rendered on or after October 1,
1992 and on or before March 31, 1994 shall be calculated
using the Medicare Prospective Payment rates in effect on
September 1, 1992. Payment rates for inpatient hospital
services rendered on or after April 1, 1994 shall be
calculated using the Medicare Prospective Payment rates
(including the Medicare grouping methodology and weighting
factors as adjusted pursuant to paragraph (1) of this
subsection) in effect 90 days prior to the date of
admission. For services rendered on or after July 1, 1995,
the reimbursement methodology implemented under this
subsection shall not include those costs referred to in
Sections 1886(d)(5)(B) and 1886(h) of the Social Security
Act. The additional payment amounts required under Section
1886(d)(5)(F) of the Social Security Act, for hospitals
serving a disproportionate share of low-income or indigent
patients, are not required under this Section. For hospital
inpatient services rendered on or after July 1, 1995 and
before July 1, 1997, the Illinois Department shall reimburse
hospitals using the relative weighting factors and the base
payment rates calculated for each hospital that were in
effect on June 30, 1995, less the portion of such rates
attributed by the Illinois Department to the cost of medical
education.
(1) The weighting factors established under Section
1886(d)(4) of the Social Security Act shall not be used
in the reimbursement system established under this
Section. Rather, the Illinois Department shall establish
by rule Medicaid weighting factors to be used in the
reimbursement system established under this Section.
(2) The Illinois Department shall define by rule
those hospitals or distinct parts of hospitals that shall
be exempt from the reimbursement system established under
this Section. In defining such hospitals, the Illinois
Department shall take into consideration those hospitals
exempt from the Medicare Prospective Payment System as of
September 1, 1991. For hospitals defined as exempt under
this subsection, the Illinois Department shall by rule
establish a reimbursement system for payment of inpatient
hospital services rendered on and after September 1,
1991. For all hospitals that are children's hospitals as
defined in Section 5-5.02 of this Code, the reimbursement
methodology shall, through June 30, 1992, net of all
applicable fees, at least equal each children's hospital
1990 ICARE payment rates, indexed to the current year by
application of the DRI hospital cost index from 1989 to
the year in which payments are made. Excepting county
providers as defined in Article XV of this Code,
hospitals licensed under the University of Illinois
Hospital Act, and facilities operated by the Department
of Mental Health and Developmental Disabilities (or its
successor, the Department of Human Services) for hospital
inpatient services rendered on or after July 1, 1995 and
before July 1, 1997, the Illinois Department shall
reimburse children's hospitals, as defined in 89 Illinois
Administrative Code Section 149.50(c)(3), at the rates in
effect on June 30, 1995, and shall reimburse all other
hospitals at the rates in effect on June 30, 1995, less
the portion of such rates attributed by the Illinois
Department to the cost of medical education.
(3) (Blank)
(4) Notwithstanding any other provision of this
Section, hospitals that on August 31, 1991, have a
contract with the Illinois Department under Section 3-4
of the Illinois Health Finance Reform Act may elect to
continue to be reimbursed at rates stated in such
contracts for general and specialty care.
(5) In addition to any payments made under this
subsection (a), the Illinois Department shall make the
adjustment payments required by Section 5-5.02 of this
Code; provided, that in the case of any hospital
reimbursed under a per case methodology, the Illinois
Department shall add an amount equal to the product of
the hospital's average length of stay, less one day,
multiplied by 20, for inpatient hospital services
rendered on or after September 1, 1991 and on or before
September 30, 1992.
(b) (Blank)
(b-5) Excepting county providers as defined in Article
XV of this Code, hospitals licensed under the University of
Illinois Hospital Act, and facilities operated by the
Illinois Department of Mental Health and Developmental
Disabilities (or its successor, the Department of Human
Services) for outpatient services rendered on or after July
1, 1995 and before July 1, 1997, the Illinois Department
shall reimburse children's hospitals, as defined in the
Illinois Administrative Code Section 149.50(c)(3), at the
rates in effect on June 30, 1995, less that portion of such
rates attributed by the Illinois Department to the outpatient
indigent volume adjustment and shall reimburse all other
hospitals at the rates in effect on June 30, 1995, less the
portions of such rates attributed by the Illinois Department
to the cost of medical education and attributed by the
Illinois Department to the outpatient indigent volume
adjustment.
(c) In addition to any other payments under this Code,
the Illinois Department shall develop a hospital
disproportionate share reimbursement methodology that,
effective July 1, 1991, through September 30, 1992, shall
reimburse hospitals sufficiently to expend the fee monies
described in subsection (b) of Section 14-3 of this Code and
the federal matching funds received by the Illinois
Department as a result of expenditures made by the Illinois
Department as required by this subsection (c) and Section
14-2 that are attributable to fee monies deposited in the
Fund, less amounts applied to adjustment payments under
Section 5-5.02.
(d) Critical Care Access Payments.
(1) In addition to any other payments made under
this Code, the Illinois Department shall develop a
reimbursement methodology that shall reimburse Critical
Care Access Hospitals for the specialized services that
qualify them as Critical Care Access Hospitals. No
adjustment payments shall be made under this subsection
on or after July 1, 1995.
(2) "Critical Care Access Hospitals" includes, but
is not limited to, hospitals that meet at least one of
the following criteria:
(A) Hospitals located outside of a
metropolitan statistical area that are designated as
Level II Perinatal Centers and that provide a
disproportionate share of perinatal services to
recipients; or
(B) Hospitals that are designated as Level I
Trauma Centers (adult or pediatric) and certain
Level II Trauma Centers as determined by the
Illinois Department; or
(C) Hospitals located outside of a
metropolitan statistical area and that provide a
disproportionate share of obstetrical services to
recipients.
(e) Inpatient high volume adjustment. For hospital
inpatient services, effective with rate periods beginning on
or after October 1, 1993, in addition to rates paid for
inpatient services by the Illinois Department, the Illinois
Department shall make adjustment payments for inpatient
services furnished by Medicaid high volume hospitals. The
Illinois Department shall establish by rule criteria for
qualifying as a Medicaid high volume hospital and shall
establish by rule a reimbursement methodology for calculating
these adjustment payments to Medicaid high volume hospitals.
No adjustment payment shall be made under this subsection for
services rendered on or after July 1, 1995.
(f) The Illinois Department shall modify its current
rules governing adjustment payments for targeted access,
critical care access, and uncompensated care to classify
those adjustment payments as not being payments to
disproportionate share hospitals under Title XIX of the
federal Social Security Act. Rules adopted under this
subsection shall not be effective with respect to services
rendered on or after July 1, 1995. The Illinois Department
has no obligation to adopt or implement any rules or make any
payments under this subsection for services rendered on or
after July 1, 1995.
(f-5) The State recognizes that adjustment payments to
hospitals providing certain services or incurring certain
costs may be necessary to assure that recipients of medical
assistance have adequate access to necessary medical
services. These adjustments include payments for teaching
costs and uncompensated care, trauma center payments,
rehabilitation hospital payments, perinatal center payments,
obstetrical care payments, targeted access payments, Medicaid
high volume payments, and outpatient indigent volume
payments. On or before April 1, 1995, the Illinois
Department shall issue recommendations regarding (i)
reimbursement mechanisms or adjustment payments to reflect
these costs and services, including methods by which the
payments may be calculated and the method by which the
payments may be financed, and (ii) reimbursement mechanisms
or adjustment payments to reflect costs and services of
federally qualified health centers with respect to recipients
of medical assistance.
(g) If one or more hospitals file suit in any court
challenging any part of this Article XIV, payments to
hospitals under this Article XIV shall be made only to the
extent that sufficient monies are available in the Fund and
only to the extent that any monies in the Fund are not
prohibited from disbursement under any order of the court.
(h) Payments under the disbursement methodology
described in this Section are subject to approval by the
federal government in an appropriate State plan amendment.
(i) The Illinois Department may by rule establish
criteria for and develop methodologies for adjustment
payments to hospitals participating under this Article.
(Source: P.A. 88-88; 88-554, eff. 7-26-94; 89-21, eff.
7-1-95; 89-499, eff. 6-28-96; 89-507, eff. 7-1-97; revised
8-26-96.)
Section 2-195. The Partnership for Long-Term Care Act is
amended by changing Sections 20, 30, 50, and 60 as follows:
(320 ILCS 35/20) (from Ch. 23, par. 6801-20)
Sec. 20. Program participant eligibility for Medicaid.
(a) Individuals who participate in the program and have
resources above the eligibility levels for receipt of medical
assistance under Title XIX of the Social Security Act
(Subchapter XIX (commencing with Section 1396) of Chapter 7
of Title 42 of the United States Code) shall be eligible to
receive in-home supportive service benefits and Medicaid
benefits through the Department of Public Aid if, before
becoming eligible for benefits, they have purchased a
long-term care insurance policy covering long-term care that
has been certified by the Department of Insurance Human under
Section 30 of this Act.
(b) Individuals may purchase certified long-term care
insurance policies which cover long-term care services in
amounts equal to the resources they wish to protect.
(b-5) An individual may purchase a certified long-term
care insurance policy which protects an individual's total
assets. To be eligible for total asset protection, an amount
equal to the average cost of 4 years of long-term care
services in a nursing facility must be purchased.
(b-7) Although a resource has been protected by the
Partnership Policy, income is to be applied to the cost of
care when the insured becomes Medicaid eligible.
(c) The r