Public Act 90-0655 of the 90th General Assembly
Public Act 90-0655
HB1268 Enrolled LRB9000999EGfg
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:
Section 1. Nature of this Act.
(a) This Act may be cited as the First 1998 General
Revisory Act.
(b) 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.
This Act revises and, where appropriate, renumbers
certain Sections that have been added or amended by more than
one Public Act. In certain cases in which a repealed Act or
Section has been replaced with a successor law, this Act
incorporates amendments to the repealed Act or Section into
the successor law. This Act also corrects errors, revises
cross-references, and deletes obsolete text.
(c) 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.
(d) Public Acts 89-708 through 90-566 were considered in
the preparation of the combining revisories included in this
Act. Many of those combining revisories contain no striking
or underscoring because no additional changes are being made
in the material that is being combined.
(5 ILCS 80/4.9 rep.)
Section 5. Section 4.9 of the Regulatory Agency Sunset
Act is repealed.
Section 6. The Regulatory Agency Sunset Act is amended
by changing Section 4.18 as follows:
(5 ILCS 80/4.18)
Sec. 4.18. Acts Act repealed January 1, 2008. The
following Acts are Act is repealed on January 1, 2008:
The Acupuncture Practice Act.
The Clinical Social Work and Social Work Practice Act.
The Home Medical Equipment and Services Provider License
Act.
The Illinois Nursing Act of 1987.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Marriage and Family Therapy Licensing Act.
The Nursing Home Administrators Licensing and
Disciplinary Act.
The Pharmacy Practice Act of 1987.
The Physician Assistant Practice Act of 1987.
The Podiatric Medical Practice Act of 1987.
(Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 12-30-97;
90-69, eff. 7-8-97; 90-76, eff. 7-8-97; 90-150, eff.
12-30-97; 90-248, eff. 1-1-98; 90-532, eff. 11-14-97; revised
12-30-97.)
Section 7. The Illinois Administrative Procedure Act is
amended by changing Section 1-5 as follows:
(5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
Sec. 1-5. Applicability.
(a) This Act applies to every agency as defined in this
Act. Beginning January 1, 1978, in case of conflict between
the provisions of this Act and the Act creating or conferring
power on an agency, this Act shall control. If, however, an
agency (or its predecessor in the case of an agency that has
been consolidated or reorganized) has existing procedures on
July 1, 1977, specifically for contested cases or licensing,
those existing provisions control, except that this exception
respecting contested cases and licensing does not apply if
the Act creating or conferring power on the agency adopts by
express reference the provisions of this Act. Where the Act
creating or conferring power on an agency establishes
administrative procedures not covered by this Act, those
procedures shall remain in effect.
(b) The provisions of this Act do not apply to (i)
preliminary hearings, investigations, or practices where no
final determinations affecting State funding are made by the
State Board of Education, (ii) legal opinions issued under
Section 2-3.7 of the School Code, (iii) as to State colleges
and universities, their disciplinary and grievance
proceedings, academic irregularity and capricious grading
proceedings, and admission standards and procedures, and (iv)
the class specifications for positions and individual
position descriptions prepared and maintained under the
Personnel Code. Those class specifications shall, however,
be made reasonably available to the public for inspection and
copying. The provisions of this Act do not apply to hearings
under Section 20 of the Uniform Disposition of Unclaimed
Property Act.
(c) Section 5-35 of this Act relating to procedures for
rulemaking does not apply to the following:
(1) Rules adopted by the Pollution Control Board
that, in accordance with Section 7.2 of the Environmental
Protection Act, are identical in substance to federal
regulations or amendments to those regulations
implementing the following: Sections 3001, 3002, 3003,
3004, 3005, and 9003 of the Solid Waste Disposal Act;
Section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980; Sections 307(b),
307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
Water Pollution Control Act; and Sections 1412(b),
1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
Water Act.
(2) Rules adopted by the Pollution Control Board
that establish or amend standards for the emission of
hydrocarbons and carbon monoxide from gasoline powered
motor vehicles subject to inspection under Section
13A-105 of the Vehicle Emissions Inspection Law and rules
adopted under Section 13B-20 of the Vehicle Emissions
Inspection Law of 1995.
(3) Procedural rules adopted by the Pollution
Control Board governing requests for exceptions under
Section 14.2 of the Environmental Protection Act.
(4) The Pollution Control Board's grant, pursuant
to an adjudicatory determination, of an adjusted standard
for persons who can justify an adjustment consistent with
subsection (a) of Section 27 of the Environmental
Protection Act.
(5) Rules adopted by the Pollution Control Board
that are identical in substance to the regulations
adopted by the Office of the State Fire Marshal under
clause (ii) of paragraph (b) of subsection (3) of Section
2 of the Gasoline Storage Act.
(d) Pay rates established under Section 8a of the
Personnel Code shall be amended or repealed pursuant to the
process set forth in Section 5-50 within 30 days after it
becomes necessary to do so due to a conflict between the
rates and the terms of a collective bargaining agreement
covering the compensation of an employee subject to that
Code.
(e) Section 10-45 of this Act shall not apply to any
hearing, proceeding, or investigation conducted under Section
13-515 of the Public Utilities Act.
(Source: P.A. 90-9, eff. 7-1-97; 90-185, eff. 7-23-97;
revised 10-24-97.)
Section 8. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) The following shall be exempt from inspection and
copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations adopted under federal or State law.
(b) Information that, if disclosed, would
constitute a clearly unwarranted invasion of personal
privacy, unless the disclosure is consented to in writing
by the individual subjects of the information. The
disclosure of information that bears on the public duties
of public employees and officials shall not be considered
an invasion of personal privacy. Information exempted
under this subsection (b) shall include but is not
limited to:
(i) files and personal information maintained
with respect to clients, patients, residents,
students or other individuals receiving social,
medical, educational, vocational, financial,
supervisory or custodial care or services directly
or indirectly from federal agencies or public
bodies;
(ii) personnel files and personal information
maintained with respect to employees, appointees or
elected officials of any public body or applicants
for those positions;
(iii) files and personal information
maintained with respect to any applicant, registrant
or licensee by any public body cooperating with or
engaged in professional or occupational
registration, licensure or discipline;
(iv) information required of any taxpayer in
connection with the assessment or collection of any
tax unless disclosure is otherwise required by State
statute; and
(v) information revealing the identity of
persons who file complaints with or provide
information to administrative, investigative, law
enforcement or penal agencies; provided, however,
that identification of witnesses to traffic
accidents, traffic accident reports, and rescue
reports may be provided by agencies of local
government, except in a case for which a criminal
investigation is ongoing, without constituting a
clearly unwarranted per se invasion of personal
privacy under this subsection.
(c) Records compiled by any public body for
administrative enforcement proceedings and any law
enforcement or correctional agency for law enforcement
purposes or for internal matters of a public body, but
only to the extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency;
(ii) interfere with pending administrative
enforcement proceedings conducted by any public
body;
(iii) deprive a person of a fair trial or an
impartial hearing;
(iv) unavoidably disclose the identity of a
confidential source or confidential information
furnished only by the confidential source;
(v) disclose unique or specialized
investigative techniques other than those generally
used and known or disclose internal documents of
correctional agencies related to detection,
observation or investigation of incidents of crime
or misconduct;
(vi) constitute an invasion of personal
privacy under subsection (b) of this Section;
(vii) endanger the life or physical safety of
law enforcement personnel or any other person; or
(viii) obstruct an ongoing criminal
investigation.
(d) Criminal history record information maintained
by State or local criminal justice agencies, except the
following which shall be open for public inspection and
copying:
(i) chronologically maintained arrest
information, such as traditional arrest logs or
blotters;
(ii) the name of a person in the custody of a
law enforcement agency and the charges for which
that person is being held;
(iii) court records that are public;
(iv) records that are otherwise available
under State or local law; or
(v) records in which the requesting party is
the individual identified, except as provided under
part (vii) of paragraph (c) of subsection (1) of
this Section.
"Criminal history record information" means data
identifiable to an individual and consisting of
descriptions or notations of arrests, detentions,
indictments, informations, pre-trial proceedings, trials,
or other formal events in the criminal justice system or
descriptions or notations of criminal charges (including
criminal violations of local municipal ordinances) and
the nature of any disposition arising therefrom,
including sentencing, court or correctional supervision,
rehabilitation and release. The term does not apply to
statistical records and reports in which individuals are
not identified and from which their identities are not
ascertainable, or to information that is for criminal
investigative or intelligence purposes.
(e) Records that relate to or affect the security
of correctional institutions and detention facilities.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or information are proprietary, privileged
or confidential, or where disclosure of the trade secrets
or information may cause competitive harm, including all
information determined to be confidential under Section
4002 of the Technology Advancement and Development Act.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an
advantage to any person proposing to enter into a
contractor agreement with the body, until an award or
final selection is made. Information prepared by or for
the body in preparation of a bid solicitation shall be
exempt until an award or final selection is made.
(i) Valuable formulae, designs, drawings and
research data obtained or produced by any public body
when disclosure could reasonably be expected to produce
private gain or public loss.
(j) Test questions, scoring keys and other
examination data used to administer an academic
examination or determined the qualifications of an
applicant for a license or employment.
(k) Architects' plans and engineers' technical
submissions for projects not constructed or developed in
whole or in part with public funds and for projects
constructed or developed with public funds, to the extent
that disclosure would compromise security.
(l) Library circulation and order records
identifying library users with specific materials.
(m) Minutes of meetings of public bodies closed to
the public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(n) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(o) Information received by a primary or secondary
school, college or university under its procedures for
the evaluation of faculty members by their academic
peers.
(p) Administrative or technical information
associated with automated data processing operations,
including but not limited to software, operating
protocols, computer program abstracts, file layouts,
source listings, object modules, load modules, user
guides, documentation pertaining to all logical and
physical design of computerized systems, employee
manuals, and any other information that, if disclosed,
would jeopardize the security of the system or its data
or the security of materials exempt under this Section.
(q) Documents or materials relating to collective
negotiating matters between public bodies and their
employees or representatives, except that any final
contract or agreement shall be subject to inspection and
copying.
(r) Drafts, notes, recommendations and memoranda
pertaining to the financing and marketing transactions of
the public body. The records of ownership, registration,
transfer, and exchange of municipal debt obligations, and
of persons to whom payment with respect to these
obligations is made.
(s) The records, documents and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under Article VII of the Code of Civil Procedure,
records, documents and information relating to that
parcel shall be exempt except as may be allowed under
discovery rules adopted by the Illinois Supreme Court.
The records, documents and information relating to a real
estate sale shall be exempt until a sale is consummated.
(t) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or
pool.
(u) Information concerning a university's
adjudication of student or employee grievance or
disciplinary cases, to the extent that disclosure would
reveal the identity of the student or employee and
information concerning any public body's adjudication of
student or employee grievances or disciplinary cases,
except for the final outcome of the cases.
(v) Course materials or research materials used by
faculty members.
(w) Information related solely to the internal
personnel rules and practices of a public body.
(x) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(y) Information the disclosure of which is
restricted under Section 5-108 of the Public Utilities
Act.
(z) Manuals or instruction to staff that relate to
establishment or collection of liability for any State
tax or that relate to investigations by a public body to
determine violation of any criminal law.
(aa) Applications, related documents, and medical
records received by the Experimental Organ
Transplantation Procedures Board and any and all
documents or other records prepared by the Experimental
Organ Transplantation Procedures Board or its staff
relating to applications it has received.
(bb) Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(cc) Information and records held by the Department
of Public Health and its authorized representatives
relating to known or suspected cases of sexually
transmissible disease or any information the disclosure
of which is restricted under the Illinois Sexually
Transmissible Disease Control Act.
(dd) Information the disclosure of which is
exempted under Section 30 of the Radon Industry Licensing
Act.
(ee) Firm performance evaluations under Section 55
of the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(ff) Security portions of system safety program
plans, investigation reports, surveys, schedules, lists,
data, or information compiled, collected, or prepared by
or for the Regional Transportation Authority under
Section 2.11 of the Regional Transportation Authority Act
or the State of Missouri under the Bi-State Transit
Safety Act.
(gg) (ff) Information the disclosure of which is
restricted and exempted under Section 50 of the Illinois
Prepaid Tuition Act.
(2) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise
provided in this Act.
(Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
90-546, eff. 12-1-97; revised 12-24-97.)
Section 9. The Illinois Public Labor Relations Act is
amended by changing Sections 3 and 14 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 than 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; 90-14, eff. 7-1-97; revised 12-18-97.)
(5 ILCS 315/14) (from Ch. 48, par. 1614)
Sec. 14. Security Employee, Peace Officer and Fire
Fighter Disputes.
(a) In the case of collective bargaining agreements
involving units of security employees of a public employer,
Peace Officer Units, or units of fire fighters or paramedics,
and in the case of disputes under Section 18, unless the
parties mutually agree to some other time limit, mediation
shall commence 30 days prior to the expiration date of such
agreement or at such later time as the mediation services
chosen under subsection (b) of Section 12 can be provided to
the parties. In the case of negotiations for an initial
collective bargaining agreement, mediation shall commence
upon 15 days notice from either party or at such later time
as the mediation services chosen pursuant to subsection (b)
of Section 12 can be provided to the parties. In mediation
under this Section, if either party requests the use of
mediation services from the Federal Mediation and
Conciliation Service, the other party shall either join in
such request or bear the additional cost of mediation
services from another source. The mediator shall have a duty
to keep the Board informed on the progress of the mediation.
If any dispute has not been resolved within 15 days after the
first meeting of the parties and the mediator, or within such
other time limit as may be mutually agreed upon by the
parties, either the exclusive representative or employer may
request of the other, in writing, arbitration, and shall
submit a copy of the request to the Board.
(b) Within 10 days after such a request for arbitration
has been made, the employer shall choose a delegate and the
employees' exclusive representative shall choose a delegate
to a panel of arbitration as provided in this Section. The
employer and employees shall forthwith advise the other and
the Board of their selections.
(c) Within 7 days of the request of either party, the
Board shall select from the Public Employees Labor Mediation
Roster 7 persons who are on the labor arbitration panels of
either the American Arbitration Association or the Federal
Mediation and Conciliation Service, or who are members of the
National Academy of Arbitrators, as nominees for impartial
arbitrator of the arbitration panel. The parties may select
an individual on the list provided by the Board or any other
individual mutually agreed upon by the parties. Within 7
days following the receipt of the list, the parties shall
notify the Board of the person they have selected. Unless
the parties agree on an alternate selection procedure, they
shall alternatively strike one name from the list provided by
the Board until only one name remains. A coin toss shall
determine which party shall strike the first name. If the
parties fail to notify the Board in a timely manner of their
selection for neutral chairman, the Board shall appoint a
neutral chairman from the Illinois Public Employees
Mediation/Arbitration Roster.
(d) The chairman shall call a hearing to begin within 15
days and give reasonable notice of the time and place of the
hearing. The hearing shall be held at the offices of the
Board or at such other location as the Board deems
appropriate. The chairman shall preside over the hearing and
shall take testimony. Any oral or documentary evidence and
other data deemed relevant by the arbitration panel may be
received in evidence. The proceedings shall be informal.
Technical rules of evidence shall not apply and the
competency of the evidence shall not thereby be deemed
impaired. A verbatim record of the proceedings shall be made
and the arbitrator shall arrange for the necessary recording
service. Transcripts may be ordered at the expense of the
party ordering them, but the transcripts shall not be
necessary for a decision by the arbitration panel. The
expense of the proceedings, including a fee for the chairman,
established in advance by the Board, shall be borne equally
by each of the parties to the dispute. The delegates, if
public officers or employees, shall continue on the payroll
of the public employer without loss of pay. The hearing
conducted by the arbitration panel may be adjourned from time
to time, but unless otherwise agreed by the parties, shall be
concluded within 30 days of the time of its commencement.
Majority actions and rulings shall constitute the actions and
rulings of the arbitration panel. Arbitration proceedings
under this Section shall not be interrupted or terminated by
reason of any unfair labor practice charge filed by either
party at any time.
(e) The arbitration panel may administer oaths, require
the attendance of witnesses, and the production of such
books, papers, contracts, agreements and documents as may be
deemed by it material to a just determination of the issues
in dispute, and for such purpose may issue subpoenas. If any
person refuses to obey a subpoena, or refuses to be sworn or
to testify, or if any witness, party or attorney is guilty of
any contempt while in attendance at any hearing, the
arbitration panel may, or the attorney general if requested
shall, invoke the aid of any circuit court within the
jurisdiction in which the hearing is being held, which court
shall issue an appropriate order. Any failure to obey the
order may be punished by the court as contempt.
(f) At any time before the rendering of an award, the
chairman of the arbitration panel, if he is of the opinion
that it would be useful or beneficial to do so, may remand
the dispute to the parties for further collective bargaining
for a period not to exceed 2 weeks. If the dispute is
remanded for further collective bargaining the time
provisions of this Act shall be extended for a time period
equal to that of the remand. The chairman of the panel of
arbitration shall notify the Board of the remand.
(g) At or before the conclusion of the hearing held
pursuant to subsection (d), the arbitration panel shall
identify the economic issues in dispute, and direct each of
the parties to submit, within such time limit as the panel
shall prescribe, to the arbitration panel and to each other
its last offer of settlement on each economic issue. The
determination of the arbitration panel as to the issues in
dispute and as to which of these issues are economic shall be
conclusive. The arbitration panel, within 30 days after the
conclusion of the hearing, or such further additional periods
to which the parties may agree, shall make written findings
of fact and promulgate a written opinion and shall mail or
otherwise deliver a true copy thereof to the parties and
their representatives and to the Board. As to each economic
issue, the arbitration panel shall adopt the last offer of
settlement which, in the opinion of the arbitration panel,
more nearly complies with the applicable factors prescribed
in subsection (h). The findings, opinions and order as to
all other issues shall be based upon the applicable factors
prescribed in subsection (h).
(h) Where there is no agreement between the parties, or
where there is an agreement but the parties have begun
negotiations or discussions looking to a new agreement or
amendment of the existing agreement, and wage rates or other
conditions of employment under the proposed new or amended
agreement are in dispute, the arbitration panel shall base
its findings, opinions and order upon the following factors,
as applicable:
(1) The lawful authority of the employer.
(2) Stipulations of the parties.
(3) The interests and welfare of the public and the
financial ability of the unit of government to meet those
costs.
(4) Comparison of the wages, hours and conditions
of employment of the employees involved in the
arbitration proceeding with the wages, hours and
conditions of employment of other employees performing
similar services and with other employees generally:
(A) In public employment in comparable
communities.
(B) In private employment in comparable
communities.
(5) The average consumer prices for goods and
services, commonly known as the cost of living.
(6) The overall compensation presently received by
the employees, including direct wage compensation,
vacations, holidays and other excused time, insurance and
pensions, medical and hospitalization benefits, the
continuity and stability of employment and all other
benefits received.
(7) Changes in any of the foregoing circumstances
during the pendency of the arbitration proceedings.
(8) Such other factors, not confined to the
foregoing, which are normally or traditionally taken into
consideration in the determination of wages, hours and
conditions of employment through voluntary collective
bargaining, mediation, fact-finding, arbitration or
otherwise between the parties, in the public service or
in private employment.
(i) In the case of peace officers, the arbitration
decision shall be limited to wages, hours, and conditions of
employment (which may include residency requirements in
municipalities with a population under 1,000,000, but those
residency requirements shall not allow residency outside of
Illinois) and shall not include the following: i) residency
requirements in municipalities with a population of at least
1,000,000; ii) the type of equipment, other than uniforms,
issued or used; iii) manning; iv) the total number of
employees employed by the department; v) mutual aid and
assistance agreements to other units of government; and vi)
the criterion pursuant to which force, including deadly
force, can be used; provided, nothing herein shall preclude
an arbitration decision regarding equipment or manning levels
if such decision is based on a finding that the equipment or
manning considerations in a specific work assignment involve
a serious risk to the safety of a peace officer beyond that
which is inherent in the normal performance of police duties.
Limitation of the terms of the arbitration decision pursuant
to this subsection shall not be construed to limit the
factors upon which the decision may be based, as set forth in
subsection (h).
In the case of fire fighter, and fire department or fire
district paramedic matters, the arbitration decision shall be
limited to wages, hours, and conditions of employment (which
may include residency requirements in municipalities with a
population under 1,000,000, but those residency requirements
shall not allow residency outside of Illinois) and shall not
include the following matters: i) residency requirements in
municipalities with a population of at least 1,000,000; ii)
the type of equipment (other than uniforms and fire fighter
turnout gear) issued or used; iii) the total number of
employees employed by the department; iv) mutual aid and
assistance agreements to other units of government; and v)
the criterion pursuant to which force, including deadly
force, can be used; provided, however, nothing herein shall
preclude an arbitration decision regarding equipment levels
if such decision is based on a finding that the equipment
considerations in a specific work assignment involve a
serious risk to the safety of a fire fighter beyond that
which is inherent in the normal performance of fire fighter
duties. Limitation of the terms of the arbitration decision
pursuant to this subsection shall not be construed to limit
the facts upon which the decision may be based, as set forth
in subsection (h).
The changes to this subsection (i) made by Public Act
90-385 this amendatory Act of 1997 (relating to residency
requirements) do not apply to persons who are employed by a
combined department that performs both police and
firefighting services; these persons shall be governed by the
provisions of this subsection (i) relating to peace officers,
as they existed before the amendment by Public Act 90-385
this amendatory Act of 1997. For purposes of this subsection
(i), persons who are employed by a combined department that
performs both police and fire fighting services shall be
governed by the provisions relating to peace officers rather
than the provisions relating to fire fighters.
To preserve historical bargaining rights, this subsection
shall not apply to any provision of a fire fighter collective
bargaining agreement in effect and applicable on the
effective date of this Act; provided, however, nothing herein
shall preclude arbitration with respect to any such
provision.
(j) Arbitration procedures shall be deemed to be
initiated by the filing of a letter requesting mediation as
required under subsection (a) of this Section. The
commencement of a new municipal fiscal year after the
initiation of arbitration procedures under this Act, but
before the arbitration decision, or its enforcement, shall
not be deemed to render a dispute moot, or to otherwise
impair the jurisdiction or authority of the arbitration panel
or its decision. Increases in rates of compensation awarded
by the arbitration panel may be effective only at the start
of the fiscal year next commencing after the date of the
arbitration award. If a new fiscal year has commenced either
since the initiation of arbitration procedures under this Act
or since any mutually agreed extension of the statutorily
required period of mediation under this Act by the parties to
the labor dispute causing a delay in the initiation of
arbitration, the foregoing limitations shall be inapplicable,
and such awarded increases may be retroactive to the
commencement of the fiscal year, any other statute or charter
provisions to the contrary, notwithstanding. At any time the
parties, by stipulation, may amend or modify an award of
arbitration.
(k) Orders of the arbitration panel shall be reviewable,
upon appropriate petition by either the public employer or
the exclusive bargaining representative, by the circuit court
for the county in which the dispute arose or in which a
majority of the affected employees reside, but only for
reasons that the arbitration panel was without or exceeded
its statutory authority; the order is arbitrary, or
capricious; or the order was procured by fraud, collusion or
other similar and unlawful means. Such petitions for review
must be filed with the appropriate circuit court within 90
days following the issuance of the arbitration order. The
pendency of such proceeding for review shall not
automatically stay the order of the arbitration panel. The
party against whom the final decision of any such court shall
be adverse, if such court finds such appeal or petition to be
frivolous, shall pay reasonable attorneys' fees and costs to
the successful party as determined by said court in its
discretion. If said court's decision affirms the award of
money, such award, if retroactive, shall bear interest at the
rate of 12 percent per annum from the effective retroactive
date.
(l) During the pendency of proceedings before the
arbitration panel, existing wages, hours, and other
conditions of employment shall not be changed by action of
either party without the consent of the other but a party may
so consent without prejudice to his rights or position under
this Act. The proceedings are deemed to be pending before
the arbitration panel upon the initiation of arbitration
procedures under this Act.
(m) Security officers of public employers, and Peace
Officers, Fire Fighters and fire department and fire
protection district paramedics, covered by this Section may
not withhold services, nor may public employers lock out or
prevent such employees from performing services at any time.
(n) All of the terms decided upon by the arbitration
panel shall be included in an agreement to be submitted to
the public employer's governing body for ratification and
adoption by law, ordinance or the equivalent appropriate
means.
The governing body shall review each term decided by the
arbitration panel. If the governing body fails to reject one
or more terms of the arbitration panel's decision by a 3/5
vote of those duly elected and qualified members of the
governing body, within 20 days of issuance, or in the case of
firefighters employed by a state university, at the next
regularly scheduled meeting of the governing body after
issuance, such term or terms shall become a part of the
collective bargaining agreement of the parties. If the
governing body affirmatively rejects one or more terms of the
arbitration panel's decision, it must provide reasons for
such rejection with respect to each term so rejected, within
20 days of such rejection and the parties shall return to the
arbitration panel for further proceedings and issuance of a
supplemental decision with respect to the rejected terms.
Any supplemental decision by an arbitration panel or other
decision maker agreed to by the parties shall be submitted to
the governing body for ratification and adoption in
accordance with the procedures and voting requirements set
forth in this Section. The voting requirements of this
subsection shall apply to all disputes submitted to
arbitration pursuant to this Section notwithstanding any
contrary voting requirements contained in any existing
collective bargaining agreement between the parties.
(o) If the governing body of the employer votes to
reject the panel's decision, the parties shall return to the
panel within 30 days from the issuance of the reasons for
rejection for further proceedings and issuance of a
supplemental decision. All reasonable costs of such
supplemental proceeding including the exclusive
representative's reasonable attorney's fees, as established
by the Board, shall be paid by the employer.
(p) Notwithstanding the provisions of this Section the
employer and exclusive representative may agree to submit
unresolved disputes concerning wages, hours, terms and
conditions of employment to an alternative form of impasse
resolution.
(Source: P.A. 89-195, eff. 7-21-95; 90-202, eff. 7-24-97;
90-385, eff. 8-15-97; revised 10-27-97.)
Section 10. The State Employee Indemnification Act is
amended by changing Section 2 as follows:
(5 ILCS 350/2) (from Ch. 127, par. 1302)
Sec. 2. Representation and indemnification of State
employees.
(a) In the event that any civil proceeding is commenced
against any State employee arising out of any act or omission
occurring within the scope of the employee's State
employment, the Attorney General shall, upon timely and
appropriate notice to him by such employee, appear on behalf
of such employee and defend the action. In the event that
any civil proceeding is commenced against any physician who
is an employee of the Department of Corrections or the
Department of Human Services (in a position relating to the
Department's mental health and developmental disabilities
functions) alleging death or bodily injury or other injury to
the person of the complainant resulting from and arising out
of any act or omission occurring on or after December 3, 1977
within the scope of the employee's State employment, or
against any physician who is an employee of the Department of
Veterans' Affairs alleging death or bodily injury or other
injury to the person of the complainant resulting from and
arising out of any act or omission occurring on or after the
effective date of this amendatory Act of 1988 within the
scope of the employee's State employment, or in the event
that any civil proceeding is commenced against any attorney
who is an employee of the State Appellate Defender alleging
legal malpractice or for other damages resulting from and
arising out of any legal act or omission occurring on or
after December 3, 1977, within the scope of the employee's
State employment, or in the event that any civil proceeding
is commenced against any individual or organization who
contracts with the Department of Labor to provide services as
a carnival and amusement ride safety inspector alleging
malpractice, death or bodily injury or other injury to the
person arising out of any act or omission occurring on or
after May 1, 1985, within the scope of that employee's State
employment, the Attorney General shall, upon timely and
appropriate notice to him by such employee, appear on behalf
of such employee and defend the action. Any such notice
shall be in writing, shall be mailed within 15 days after the
date of receipt by the employee of service of process, and
shall authorize the Attorney General to represent and defend
the employee in the proceeding. The giving of this notice to
the Attorney General shall constitute an agreement by the
State employee to cooperate with the Attorney General in his
defense of the action and a consent that the Attorney General
shall conduct the defense as he deems advisable and in the
best interests of the employee, including settlement in the
Attorney General's discretion. In any such proceeding, the
State shall pay the court costs and litigation expenses of
defending such action, to the extent approved by the Attorney
General as reasonable, as they are incurred.
(b) In the event that the Attorney General determines
that so appearing and defending an employee either (1)
involves an actual or potential conflict of interest, or (2)
that the act or omission which gave rise to the claim was not
within the scope of the employee's State employment or was
intentional, wilful or wanton misconduct, the Attorney
General shall decline in writing to appear or defend or shall
promptly take appropriate action to withdraw as attorney for
such employee. Upon receipt of such declination or upon such
withdrawal by the Attorney General on the basis of an actual
or potential conflict of interest, the State employee may
employ his own attorney to appear and defend, in which event
the State shall pay the employee's court costs, litigation
expenses and attorneys' fees to the extent approved by the
Attorney General as reasonable, as they are incurred. In the
event that the Attorney General declines to appear or
withdraws on the grounds that the act or omission was not
within the scope of employment, or was intentional, wilful or
wanton misconduct, and a court or jury finds that the act or
omission of the State employee was within the scope of
employment and was not intentional, wilful or wanton
misconduct, the State shall indemnify the State employee for
any damages awarded and court costs and attorneys' fees
assessed as part of any final and unreversed judgment. In
such event the State shall also pay the employee's court
costs, litigation expenses and attorneys' fees to the extent
approved by the Attorney General as reasonable.
In the event that the defendant in the proceeding is an
elected State official, including members of the General
Assembly, the elected State official may retain his or her
attorney, provided that said attorney shall be reasonably
acceptable to the Attorney General. In such case the State
shall pay the elected State official's court costs,
litigation expenses, and attorneys' fees, to the extent
approved by the Attorney General as reasonable, as they are
incurred.
(b-5) The Attorney General may file a counterclaim on
behalf of a State employee, provided:
(1) the Attorney General determines that the State
employee is entitled to representation in a civil action
under this Section;
(2) the counterclaim arises out of any act or
omission occurring within the scope of the employee's
State employment that is the subject of the civil action;
and
(3) the employee agrees in writing that if judgment
is entered in favor of the employee, the amount of the
judgment shall be applied to offset any judgment that may
be entered in favor of the plaintiff, and then to
reimburse the State treasury for court costs and
litigation expenses required to pursue the counterclaim.
The balance of the collected judgment shall be paid to
the State employee.
(c) Notwithstanding any other provision of this Section,
representation and indemnification of a judge under this Act
shall also be provided in any case where the plaintiff seeks
damages or any equitable relief as a result of any decision,
ruling or order of a judge made in the course of his or her
judicial or administrative duties, without regard to the
theory of recovery employed by the plaintiff.
Indemnification shall be for all damages awarded and all
court costs, attorney fees and litigation expenses assessed
against the judge. When a judge has been convicted of a crime
as a result of his or her intentional judicial misconduct in
a trial, that judge shall not be entitled to indemnification
and representation under this subsection in any case
maintained by a party who seeks damages or other equitable
relief as a direct result of the judge's intentional judicial
misconduct.
(d) In any such proceeding where notice in accordance
with this Section has been given to the Attorney General,
unless the court or jury finds that the conduct or inaction
which gave rise to the claim or cause of action was
intentional, wilful or wanton misconduct and was not intended
to serve or benefit interests of the State, the State shall
indemnify the State employee for any damages awarded and
court costs and attorneys' fees assessed as part of any final
and unreversed judgment, or shall pay such judgment. Unless
the Attorney General determines that the conduct or inaction
which gave rise to the claim or cause of action was
intentional, wilful or wanton misconduct and was not intended
to serve or benefit interests of the State, the case may be
settled, in the Attorney General's discretion and with the
employee's consent, and the State shall indemnify the
employee for any damages, court costs and attorneys' fees
agreed to as part of the settlement, or shall pay such
settlement. Where the employee is represented by private
counsel, any settlement must be so approved by the Attorney
General and the court having jurisdiction, which shall
obligate the State to indemnify the employee.
(e) (i) Court costs and litigation expenses and other
costs of providing a defense or counterclaim, including
attorneys' fees obligated under this Section, shall be paid
from the State Treasury on the warrant of the Comptroller out
of appropriations made to the Department of Central
Management Services specifically designed for the payment of
costs, fees and expenses covered by this Section.
(ii) Upon entry of a final judgment against the
employee, or upon the settlement of the claim, the employee
shall cause to be served a copy of such judgment or
settlement, personally or by certified or registered mail
within thirty days of the date of entry or settlement, upon
the chief administrative officer of the department, office or
agency in which he is employed. If not inconsistent with the
provisions of this Section, such judgment or settlement shall
be certified for payment by such chief administrative officer
and by the Attorney General. The judgment or settlement
shall be paid from the State Treasury on the warrant of the
Comptroller out of appropriations made to the Department of
Central Management Services specifically designed for the
payment of claims covered by this Section.
(f) Nothing contained or implied in this Section shall
operate, or be construed or applied, to deprive the State, or
any employee thereof, of any defense heretofore available.
(g) This Section shall apply regardless of whether the
employee is sued in his or her individual or official
capacity.
(h) This Section shall not apply to claims for bodily
injury or damage to property arising from motor vehicle
accidents.
(i) This Section shall apply to all proceedings filed on
or after its effective date, and to any proceeding pending on
its effective date, if the State employee gives notice to the
Attorney General as provided in this Section within 30 days
of the Act's effective date.
(j) The amendatory changes made to this Section by this
amendatory Act of 1986 shall apply to all proceedings filed
on or after the effective date of this amendatory Act of 1986
and to any proceeding pending on its effective date, if the
State employee gives notice to the Attorney General as
provided in this Section within 30 days of the effective date
of this amendatory Act of 1986.
(Source: P.A. 89-507, eff. 7-1-97; 89-688, eff. 6-1-97;
revised 3-28-97.)
Section 11. The State Salary and Annuity Withholding Act
is amended by changing Section 4 as follows:
(5 ILCS 365/4) (from Ch. 127, par. 354)
Sec. 4. Authorization of withholding. An employee or
annuitant may authorize the withholding of a portion of his
salary, wages, or annuity for any one or more of the
following purposes:
(1) for purchase of United States Savings Bonds;
(2) for payment of premiums on life or accident and
health insurance as defined in Section 4 of the "Illinois
Insurance Code", approved June 29, 1937, as amended, and for
payment of premiums on policies of automobile insurance as
defined in Section 143.13 of the "Illinois Insurance Code",
as amended, and the personal multiperil coverages commonly
known as homeowner's insurance. However, no portion of
salaries, wages or annuities may be withheld to pay premiums
on automobile, homeowner's, life or accident and health
insurance policies issued by any one insurance company or
insurance service company unless a minimum of 100 employees
or annuitants insured by that company authorize the
withholding by an Office within 6 months after such
withholding begins. If such minimum is not satisfied the
Office may discontinue withholding for such company. For any
insurance company or insurance service company which has not
previously had withholding, the Office may allow withholding
for premiums, where less than 100 policies have been written,
to cover a probationary period. An insurance company which
has discontinued withholding may reinstate it upon
presentation of facts indicating new management or
re-organization satisfactory to the Office;
(3) for payment to any labor organization designated by
the employee;
(4) for payment of dues to any association the
membership of which consists of State employees and former
State employees;
(5) for deposit in any credit union, in which State
employees are within the field of membership as a result of
their employment;
(6) for payment to or for the benefit of an institution
of higher education by an employee of that institution;
(7) for payment of parking fees at the underground
facility located south of the William G. Stratton State
Office Building in Springfield, the parking ramp located at
401 South College Street, west of the William G. Stratton
State Office Building in Springfield, or at the parking
facilities located on the Urbana-Champaign campus of the
University of Illinois;
(8) for voluntary payment to the State of Illinois of
amounts then due and payable to the State;
(9) for investment purchases made as a participant in
College Savings Programs established pursuant to Section
30-15.8a of the School Code;
(10) for voluntary payment to the Illinois Department of
Revenue of amounts due or to become due under the Illinois
Income Tax Act;
(11) for payment of optional contributions to a
retirement system subject to the provisions of the Illinois
Pension Code;.
(12) (10) for contributions to organizations found
qualified by the State Comptroller under the requirements set
forth in the Voluntary Payroll Deductions Act of 1983.
(Source: P.A. 90-102, eff. 7-1-98; 90-448, eff. 8-16-97;
revised 11-17-97.)
Section 12. The State Employees Group Insurance Act of
1971 is amended by changing Sections 3 and 10 and setting
forth and renumbering multiple versions of Section 6.9 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 under the optional retirement
program established under Section 15-158.2), 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).
(b-5) "New SERS annuitant" means a person who, on or
after January 1, 1998, becomes an annuitant, as defined in
subsection (b), by virtue of beginning to receive a
retirement annuity under Article 14 of the Illinois Pension
Code, and is eligible to participate in the basic program of
group health benefits provided for annuitants under this Act.
(b-6) "New SURS annuitant" means a person who, on or
after January 1, 1998, becomes an annuitant, as defined in
subsection (b), by virtue of beginning to receive a
retirement annuity under Article 15 of the Illinois Pension
Code, and is eligible to participate in the basic program of
group health benefits provided for annuitants under this Act.
(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
the optional retirement 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, the Board of Examiners established under the Illinois
Public Accounting Act, 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 the optional retirement
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
the optional retirement 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
subsection (a) 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 subsection (a) of Section
15-107 of the Illinois Pension Code.
(p-6) "New SURS retired employee" means a person who, on
or after January 1, 1998, becomes a retired employee, as
defined in subsection (p), by virtue of being a person
formerly employed by the University of Illinois in the
Cooperative Extension Service who would be an annuitant but
for the fact that he or she was made ineligible to
participate in the State Universities Retirement System by
clause (4) of subsection (a) of Section 15-107 of the
Illinois Pension Code, and who is eligible to participate in
the basic program of group health benefits provided for
retired employees under this Act.
(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 subsection
(a) 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 subsection
(a) of Section 15-107 of the Illinois Pension Code.
(q-5) "New SERS survivor" means a survivor, as defined
in subsection (q), whose annuity is paid under Article 14 of
the Illinois Pension Code and is based on the death of (i) an
employee whose death occurs on or after January 1, 1998, or
(ii) a new SERS annuitant as defined in subsection (b-5).
(q-6) "New SURS survivor" means a survivor, as defined
in subsection (q), whose annuity is paid under Article 15 of
the Illinois Pension Code and is based on the death of (i) an
employee whose death occurs on or after January 1, 1998, (ii)
a new SURS annuitant as defined in subsection (b-6), or (iii)
a new SURS retired employee as defined in subsection (p-6).
(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.
(z) "Community college benefit recipient" means a person
who:
(1) is not a "member" as defined in this Section;
and
(2) is receiving a monthly survivor's annuity or
retirement annuity under Article 15 of the Illinois
Pension Code; and
(3) either (i) was a full-time employee of a
community college district or an association of community
college boards created under the Public Community College
Act (other than an employee whose last employer under
Article 15 of the Illinois Pension Code was a community
college district subject to Article VII of the Public
Community College Act) and was eligible to participate in
a group health benefit plan as an employee during the
time of employment with a community college district
(other than a community college district subject to
Article VII of the Public Community College Act) or an
association of community college boards, or (ii) is the
survivor of a person described in item (i).
(aa) "Community college dependent beneficiary" means a
person who:
(1) is not a "member" or "dependent" as defined in
this Section; and
(2) is a community college benefit recipient's: (A)
spouse, (B) dependent parent who is receiving at least
half of his or her support from the community college
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 community college benefit recipient,
eligible as a dependent for Illinois State income tax
purposes and under age 23, or (iii) age 19 or over and
mentally or physically handicapped as defined in the
Illinois Insurance Code.
(Source: P.A. 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; 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
eff. 8-16-97; 90-497, eff. 8-18-97; 90-511, eff. 8-22-97;
revised 10-13-97.)
(5 ILCS 375/6.9)
Sec. 6.9. Health benefits for community college benefit
recipients and community college dependent beneficiaries.
(a) Purpose. It is the purpose of this amendatory Act
of 1997 to establish a uniform program of health benefits for
community college benefit recipients and their dependent
beneficiaries under the administration of the Department of
Central Management Services.
(b) Creation of program. Beginning July 1, 1999, the
Department of Central Management Services shall be
responsible for administering a program of health benefits
for community college benefit recipients and community
college dependent beneficiaries under this Section. The
State Universities Retirement System and the boards of
trustees of the various community college districts shall
cooperate with the Department in this endeavor.
(c) Eligibility. All community college benefit
recipients and community college dependent beneficiaries
shall be eligible to participate in the program established
under this Section, without any interruption or delay in
coverage or limitation as to pre-existing medical conditions.
Eligibility to participate shall be determined by the State
Universities Retirement System. Eligibility information
shall be communicated to the Department of Central Management
Services in a format acceptable to the Department.
(d) Coverage. The health benefit coverage provided
under this Section shall be a program of health, dental, and
vision benefits.
The program of health benefits under this Section may
include any or all of the benefit limitations, including but
not limited to a reduction in benefits based on eligibility
for federal medicare benefits, that are provided under
subsection (a) of Section 6 of this Act for other health
benefit programs under this Act.
(e) Insurance rates and premiums. The Director shall
determine the insurance rates and premiums for community
college benefit recipients and community college dependent
beneficiaries. Rates and premiums may be based in part on
age and eligibility for federal Medicare coverage. The
Director shall also determine premiums that will allow for
the establishment of an actuarially sound reserve for this
program.
The cost of health benefits under the program shall be
paid as follows:
(1) For a community college benefit recipient, up
to 75% of the total insurance rate shall be paid from the
Community College Health Insurance Security Fund.
(2) The balance of the rate of insurance, including
the entire premium for any coverage for community college
dependent beneficiaries that has been elected, shall be
paid by deductions authorized by the community college
benefit recipient to be withheld from his or her monthly
annuity or benefit payment from the State Universities
Retirement System; except that (i) if the balance of the
cost of coverage exceeds the amount of the monthly
annuity or benefit payment, the difference shall be paid
directly to the State Universities Retirement System by
the community college benefit recipient, and (ii) all or
part of the balance of the cost of coverage may, at the
option of the board of trustees of the community college
district, be paid to the State Universities Retirement
System by the board of the community college district
from which the community college benefit recipient
retired. The State Universities Retirement System shall
promptly deposit all moneys withheld by or paid to it
under this subdivision (e)(2) into the Community College
Health Insurance Security Fund. These moneys shall not
be considered assets of the State Universities Retirement
System.
(f) Financing. All revenues arising from the
administration of the health benefit program established
under this Section shall be deposited into the Community
College Health Insurance Security Fund, which is hereby
created as a nonappropriated trust fund to be held outside
the State Treasury, with the State Treasurer as custodian.
Any interest earned on moneys in the Community College Health
Insurance Security Fund shall be deposited into the Fund.
Moneys in the Community College Health Insurance Security
Fund shall be used only to pay the costs of the health
benefit program established under this Section, including
associated administrative costs and the establishment of a
program reserve. Beginning January 1, 1999, the Department
of Central Management Services may make expenditures from the
Community College Health Insurance Security Fund for those
costs.
(g) Contract for benefits. The Director shall by
contract, self-insurance, or otherwise make available the
program of health benefits for community college benefit
recipients and their community college dependent
beneficiaries that is provided for in this Section. The
contract or other arrangement for the provision of these
health benefits shall be on terms deemed by the Director to
be in the best interest of the State of Illinois and the
community college benefit recipients based on, but not
limited to, such criteria as administrative cost, service
capabilities of the carrier or other contractor, and the
costs of the benefits.
(h) Continuation of program. It is the intention of the
General Assembly that the program of health benefits provided
under this Section be maintained on an ongoing, affordable
basis. The program of health benefits provided under this
Section may be amended by the State and is not intended to be
a pension or retirement benefit subject to protection under
Article XIII, Section 5 of the Illinois Constitution.
(i) Other health benefit plans. A health benefit plan
provided by a community college district (other than a
community college district subject to Article VII of the
Public Community College Act) under the terms of a collective
bargaining agreement in effect on or prior to the effective
date of this amendatory Act of 1997 shall continue in force
according to the terms of that agreement, unless otherwise
mutually agreed by the parties to that agreement and the
affected retiree. A community college benefit recipient or
community college dependent beneficiary whose coverage under
such a plan expires shall be eligible to begin participating
in the program established under this Section without any
interruption or delay in coverage or limitation as to
pre-existing medical conditions.
This Act does not prohibit any community college district
from offering additional health benefits for its retirees or
their dependents or survivors.
(Source: P.A. 90-497, eff. 8-18-97; revised 11-10-97.)
(5 ILCS 375/6.11)
Sec. 6.11. 6.9. Required health benefits. The program
of health benefits shall provide the post-mastectomy care
benefits required to be covered by a policy of accident and
health insurance under Section 356t of the Illinois Insurance
Code. The program of health benefits shall provide the
coverage required under Section 356u of the Illinois
Insurance Code.
(Source: P.A. 90-7, eff. 6-10-97; revised 11-10-97.)
(5 ILCS 375/10) (from Ch. 127, par. 530)
Sec. 10. Payments by State; premiums.
(a) The State shall pay the cost of basic
non-contributory group life insurance and, subject to member
paid contributions set by the Department or required by this
Section, the basic program of group health benefits on each
eligible member, except a member, 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, and part of each eligible member's and retired
member's premiums for health insurance coverage for enrolled
dependents as provided by Section 9. The State shall pay the
cost of the basic program of group health benefits only after
benefits are reduced by the amount of benefits covered by
Medicare for all retired members and retired dependents aged
65 years or older who are entitled to benefits under Social
Security or the Railroad Retirement system or who had
sufficient Medicare-covered government employment except that
such reduction in benefits shall apply only to those retired
members or retired dependents who (1) first become eligible
for such Medicare coverage on or after July 1, 1992; or (2)
remain eligible for, but no longer receive Medicare coverage
which they had been receiving on or after July 1, 1992. The
Department may determine the aggregate level of the State's
contribution on the basis of actual cost of medical services
adjusted for age, sex or geographic or other demographic
characteristics which affect the costs of such programs.
(a-1) Beginning January 1, 1998, for each person who
becomes a new SERS annuitant and participates in the basic
program of group health benefits, the State shall contribute
toward the cost of the annuitant's coverage under the basic
program of group health benefits an amount equal to 5% of
that cost for each full year of creditable service upon which
the annuitant's retirement annuity is based, up to a maximum
of 100% for an annuitant with 20 or more years of creditable
service. The remainder of the cost of a new SERS annuitant's
coverage under the basic program of group health benefits
shall be the responsibility of the annuitant.
(a-2) Beginning January 1, 1998, for each person who
becomes a new SERS survivor and participates in the basic
program of group health benefits, the State shall contribute
toward the cost of the survivor's coverage under the basic
program of group health benefits an amount equal to 5% of
that cost for each full year of the deceased employee's or
deceased annuitant's creditable service in the State
Employees' Retirement System of Illinois on the date of
death, up to a maximum of 100% for a survivor of an employee
or annuitant with 20 or more years of creditable service.
The remainder of the cost of the new SERS survivor's coverage
under the basic program of group health benefits shall be the
responsibility of the survivor.
(a-3) Beginning January 1, 1998, for each person who
becomes a new SURS annuitant and participates in the basic
program of group health benefits, the State shall contribute
toward the cost of the annuitant's coverage under the basic
program of group health benefits an amount equal to 5% of
that cost for each full year of creditable service upon which
the annuitant's retirement annuity is based, up to a maximum
of 100% for an annuitant with 20 or more years of creditable
service. The remainder of the cost of a new SURS annuitant's
coverage under the basic program of group health benefits
shall be the responsibility of the annuitant.
(a-4) Beginning January 1, 1998, for each person who
becomes a new SURS retired employee and participates in the
basic program of group health benefits, the State shall
contribute toward the cost of the retired employee's coverage
under the basic program of group health benefits an amount
equal to 5% of that cost for each full year that the retired
employee was an employee as defined in Section 3, up to a
maximum of 100% for a retired employee who was an employee
for 20 or more years. The remainder of the cost of a new
SURS retired employee's coverage under the basic program of
group health benefits shall be the responsibility of the
retired employee.
(a-5) Beginning January 1, 1998, for each person who
becomes a new SURS survivor and participates in the basic
program of group health benefits, the State shall contribute
toward the cost of the survivor's coverage under the basic
program of group health benefits an amount equal to 5% of
that cost for each full year of the deceased employee's or
deceased annuitant's creditable service in the State
Universities Employees' Retirement System of Illinois on the
date of death, up to a maximum of 100% for a survivor of an
employee or annuitant with 20 or more years of creditable
service. The remainder of the cost of the new SURS
survivor's coverage under the basic program of group health
benefits shall be the responsibility of the survivor.
(a-6) A new SERS annuitant, new SERS survivor, new SURS
annuitant, new SURS retired employee, or new SURS survivor
may waive or terminate coverage in the program of group
health benefits. Any such annuitant, survivor, or retired
employee who has waived or terminated coverage may enroll or
re-enroll in the program of group health benefits only during
the annual benefit choice period, as determined by the
Director; except that in the event of termination of coverage
due to nonpayment of premiums, the annuitant, survivor, or
retired employee may not re-enroll in the program.
(a-7) No later than May 1 of each calendar year, the
Director of Central Management Services shall certify in
writing to the Executive Secretary of the State Employees'
Employee's Retirement System of Illinois the amounts of the
Medicare supplement health care premiums and the amounts of
the health care premiums for all other retirees who are not
Medicare eligible.
A separate calculation of the premiums based upon the
actual cost of each health care plan shall be so certified.
The Director of Central Management Services shall provide
to the Executive Secretary of the State Employees' Employee's
Retirement System of Illinois such information, statistics,
and other data as he or she he/she may require to review the
premium amounts certified by the Director of Central
Management Services.
(b) State employees who become eligible for this program
on or after January 1, 1980 in positions, normally requiring
actual performance of duty not less than 1/2 of a normal work
period but not equal to that of a normal work period, shall
be given the option of participating in the available
program. If the employee elects coverage, the State shall
contribute on behalf of such employee to the cost of the
employee's benefit and any applicable dependent supplement,
that sum which bears the same percentage as that percentage
of time the employee regularly works when compared to normal
work period.
(c) The basic non-contributory coverage from the basic
program of group health benefits shall be continued for each
employee not in pay status or on active service by reason of
(1) leave of absence due to illness or injury, (2) authorized
educational leave of absence or sabbatical leave, or (3)
military leave with pay and benefits. This coverage shall
continue until expiration of authorized leave and return to
active service, but not to exceed 24 months for leaves under
item (1) or (2). This 24-month limitation and the requirement
of returning to active service shall not apply to persons
receiving ordinary or accidental disability benefits or
retirement benefits through the appropriate State retirement
system or benefits under the Workers' Compensation or
Occupational Disease Act.
(d) The basic group life insurance coverage shall
continue, with full State contribution, where such person is
(1) absent from active service by reason of disability
arising from any cause other than self-inflicted, (2) on
authorized educational leave of absence or sabbatical leave,
or (3) on military leave with pay and benefits.
(e) Where the person is in non-pay status for a period
in excess of 30 days or on leave of absence, other than by
reason of disability, educational or sabbatical leave, or
military leave with pay and benefits, such person may
continue coverage only by making personal payment equal to
the amount normally contributed by the State on such person's
behalf. Such payments and coverage may be continued: (1)
until such time as the person returns to a status eligible
for coverage at State expense, but not to exceed 24 months,
(2) until such person's employment or annuitant status with
the State is terminated, or (3) for a maximum period of 4
years for members on military leave with pay and benefits and
military leave without pay and benefits (exclusive of any
additional service imposed pursuant to law).
(f) The Department shall establish by rule the extent
to which other employee benefits will continue for persons in
non-pay status or who are not in active service.
(g) The State shall not pay the cost of the basic
non-contributory group life insurance, program of health
benefits and other employee benefits for members who are
survivors as defined by paragraphs (1) and (2) of subsection
(q) of Section 3 of this Act. The costs of benefits for
these survivors shall be paid by the survivors or by the
University of Illinois Cooperative Extension Service, or any
combination thereof.
(h) Those persons occupying positions with any
department as a result of emergency appointments pursuant to
Section 8b.8 of the Personnel Code who are not considered
employees under this Act shall be given the option of
participating in the programs of group life insurance, health
benefits and other employee benefits. Such persons electing
coverage may participate only by making payment equal to the
amount normally contributed by the State for similarly
situated employees. Such amounts shall be determined by the
Director. Such payments and coverage may be continued until
such time as the person becomes an employee pursuant to this
Act or such person's appointment is terminated.
(i) Any unit of local government within the State of
Illinois may apply to the Director to have its employees,
annuitants, and their dependents provided group health
coverage under this Act on a non-insured basis. To
participate, a unit of local government must agree to enroll
all of its employees, who may select coverage under either
the State group health insurance plan or a health maintenance
organization that has contracted with the State to be
available as a health care provider for employees as defined
in this Act. A unit of local government must remit the
entire cost of providing coverage under the State group
health insurance plan or, for coverage under a health
maintenance organization, an amount determined by the
Director based on an analysis of the sex, age, geographic
location, or other relevant demographic variables for its
employees, except that the unit of local government shall not
be required to enroll those of its employees who are covered
spouses or dependents under this plan or another group policy
or plan providing health benefits as long as (1) an
appropriate official from the unit of local government
attests that each employee not enrolled is a covered spouse
or dependent under this plan or another group policy or plan,
and (2) at least 85% of the employees are enrolled and the
unit of local government remits the entire cost of providing
coverage to those employees. Employees of a participating
unit of local government who are not enrolled due to coverage
under another group health policy or plan may enroll at a
later date subject to submission of satisfactory evidence of
insurability and provided that no benefits shall be payable
for services incurred during the first 6 months of coverage
to the extent the services are in connection with any
pre-existing condition. A participating unit of local
government may also elect to cover its annuitants. Dependent
coverage shall be offered on an optional basis, with the
costs paid by the unit of local government, its employees, or
some combination of the two as determined by the unit of
local government. The unit of local government shall be
responsible for timely collection and transmission of
dependent premiums.
The Director shall annually determine monthly rates of
payment, subject to the following constraints:
(1) In the first year of coverage, the rates shall
be equal to the amount normally charged to State
employees for elected optional coverages or for enrolled
dependents coverages or other contributory coverages, or
contributed by the State for basic insurance coverages on
behalf of its employees, adjusted for differences between
State employees and employees of the local government in
age, sex, geographic location or other relevant
demographic variables, plus an amount sufficient to pay
for the additional administrative costs of providing
coverage to employees of the unit of local government and
their dependents.
(2) In subsequent years, a further adjustment shall
be made to reflect the actual prior years' claims
experience of the employees of the unit of local
government.
In the case of coverage of local government employees
under a health maintenance organization, the Director shall
annually determine for each participating unit of local
government the maximum monthly amount the unit may contribute
toward that coverage, based on an analysis of (i) the age,
sex, geographic location, and other relevant demographic
variables of the unit's employees and (ii) the cost to cover
those employees under the State group health insurance plan.
The Director may similarly determine the maximum monthly
amount each unit of local government may contribute toward
coverage of its employees' dependents under a health
maintenance organization.
Monthly payments by the unit of local government or its
employees for group health insurance or health maintenance
organization coverage shall be deposited in the Local
Government Health Insurance Reserve Fund. The Local
Government Health Insurance Reserve Fund shall be a
continuing fund not subject to fiscal year limitations. All
expenditures from this fund shall be used for payments for
health care benefits for local government and rehabilitation
facility employees, annuitants, and dependents, and to
reimburse the Department or its administrative service
organization for all expenses incurred in the administration
of benefits. No other State funds may be used for these
purposes.
A local government employer's participation or desire to
participate in a program created under this subsection shall
not limit that employer's duty to bargain with the
representative of any collective bargaining unit of its
employees.
(j) Any rehabilitation facility within the State of
Illinois may apply to the Director to have its employees,
annuitants, and their dependents provided group health
coverage under this Act on a non-insured basis. To
participate, a rehabilitation facility must agree to enroll
all of its employees and remit the entire cost of providing
such coverage for its employees, except that the
rehabilitation facility shall not be required to enroll those
of its employees who are covered spouses or dependents under
this plan or another group policy or plan providing health
benefits as long as (1) an appropriate official from the
rehabilitation facility attests that each employee not
enrolled is a covered spouse or dependent under this plan or
another group policy or plan, and (2) at least 85% of the
employees are enrolled and the rehabilitation facility remits
the entire cost of providing coverage to those employees.
Employees of a participating rehabilitation facility who are
not enrolled due to coverage under another group health
policy or plan may enroll at a later date subject to
submission of satisfactory evidence of insurability and
provided that no benefits shall be payable for services
incurred during the first 6 months of coverage to the extent
the services are in connection with any pre-existing
condition. A participating rehabilitation facility may also
elect to cover its annuitants. Dependent coverage shall be
offered on an optional basis, with the costs paid by the
rehabilitation facility, its employees, or some combination
of the 2 as determined by the rehabilitation facility. The
rehabilitation facility shall be responsible for timely
collection and transmission of dependent premiums.
The Director shall annually determine quarterly rates of
payment, subject to the following constraints:
(1) In the first year of coverage, the rates shall
be equal to the amount normally charged to State
employees for elected optional coverages or for enrolled
dependents coverages or other contributory coverages on
behalf of its employees, adjusted for differences between
State employees and employees of the rehabilitation
facility in age, sex, geographic location or other
relevant demographic variables, plus an amount sufficient
to pay for the additional administrative costs of
providing coverage to employees of the rehabilitation
facility and their dependents.
(2) In subsequent years, a further adjustment shall
be made to reflect the actual prior years' claims
experience of the employees of the rehabilitation
facility.
Monthly payments by the rehabilitation facility or its
employees for group health insurance shall be deposited in
the Local Government Health Insurance Reserve Fund.
(k) Any domestic violence shelter or service within the
State of Illinois may apply to the Director to have its
employees, annuitants, and their dependents provided group
health coverage under this Act on a non-insured basis. To
participate, a domestic violence shelter or service must
agree to enroll all of its employees and pay the entire cost
of providing such coverage for its employees. A
participating domestic violence shelter may also elect to
cover its annuitants. Dependent coverage shall be offered on
an optional basis, with employees, or some combination of the
2 as determined by the domestic violence shelter or service.
The domestic violence shelter or service shall be responsible
for timely collection and transmission of dependent premiums.
The Director shall annually determine quarterly rates of
payment, subject to the following constraints:
(1) In the first year of coverage, the rates shall
be equal to the amount normally charged to State
employees for elected optional coverages or for enrolled
dependents coverages or other contributory coverages on
behalf of its employees, adjusted for differences between
State employees and employees of the domestic violence
shelter or service in age, sex, geographic location or
other relevant demographic variables, plus an amount
sufficient to pay for the additional administrative costs
of providing coverage to employees of the domestic
violence shelter or service and their dependents.
(2) In subsequent years, a further adjustment shall
be made to reflect the actual prior years' claims
experience of the employees of the domestic violence
shelter or service.
(3) In no case shall the rate be less than the
amount normally charged to State employees or contributed
by the State on behalf of its employees.
Monthly payments by the domestic violence shelter or
service or its employees for group health insurance shall be
deposited in the Local Government Health Insurance Reserve
Fund.
(l) A public community college or entity organized
pursuant to the Public Community College Act may apply to the
Director initially to have only annuitants not covered prior
to July 1, 1992 by the district's health plan provided health
coverage under this Act on a non-insured basis. The
community college must execute a 2-year contract to
participate in the Local Government Health Plan. Those
annuitants enrolled initially under this contract shall have
no benefits payable for services incurred during the first 6
months of coverage to the extent the services are in
connection with any pre-existing condition. Any annuitant
who may enroll after this initial enrollment period shall be
subject to submission of satisfactory evidence of
insurability and to the pre-existing conditions limitation.
The Director shall annually determine monthly rates of
payment subject to the following constraints: for those
community colleges with annuitants only enrolled, first year
rates shall be equal to the average cost to cover claims for
a State member adjusted for demographics, Medicare
participation, and other factors; and in the second year, a
further adjustment of rates shall be made to reflect the
actual first year's claims experience of the covered
annuitants.
(m) The Director shall adopt any rules deemed necessary
for implementation of this amendatory Act of 1989 (Public Act
86-978).
(Source: P.A. 89-53, eff. 7-1-95; 89-236, eff. 8-4-95;
89-324, eff. 8-13-95; 89-626, eff. 8-9-96; 90-65, eff.
7-7-97; revised 1-13-98.)
Section 13. The State Designations Act is amended by
changing Section 25 as follows:
(5 ILCS 460/25) (from Ch. 1, par. 2901-25)
Sec. 25. State mineral. The mineral calcium fluoride
flouride, commonly called "fluorite", is designated the
official State mineral of the State of Illinois.
(Source: P.A. 87-273; revised 6-27-97.)
Section 14. The Election Code is amended by changing
Sections 7-34, 16-4.1, 17-23, 20-13.1, and 23-6.1 as follows:
(10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
Sec. 7-34. Pollwatchers in a primary election shall be
authorized in the following manner:
(1) Each established political party shall be entitled
to appoint one pollwatcher per precinct. Such pollwatchers
must be affiliated with the political party for which they
are pollwatching. For all primary elections, except as
provided in subsection (5), such pollwatchers must be
registered to vote from a residence in the county in which
they are pollwatching.
(2) Each candidate shall be entitled to appoint two
pollwatchers per precinct. For Federal, State, and county
primary elections, one pollwatcher must be registered to vote
from a residence in the county in which he is pollwatching.
The second pollwatcher must be registered to vote from a
residence in the precinct or ward in which he is
pollwatching. For township and municipal primary elections,
one pollwatcher must be registered to vote from a residence
in the county in which he is pollwatching. The second
pollwatcher must be registered to vote from a residence in
the precinct or ward in which he is pollwatching.
(3) Each organization of citizens within the county or
political subdivision, which has among its purposes or
interests the investigation or prosecution of election
frauds, and which shall have registered its name and address
and the names and addresses of its principal officers with
the proper election authority at least 40 days before the
primary election, shall be entitled to appoint one
pollwatcher per precinct. For all primary elections, except
as provided in subsection (5), such pollwatcher must be
registered to vote from a residence in the county in which he
is pollwatching.
(4) Each organized group of proponents or opponents of a
ballot proposition, which shall have registered the name and
address of its organization or committee and the name and
address of its chairman with the proper election authority at
least 40 days before the primary election, shall be entitled
to appoint one pollwatcher per precinct. Except as provided
in subsection (5), such pollwatcher must be registered to
vote from a residence in the county in which the ballot
proposition is being voted upon.
(5) In any primary election held to nominate candidates
for the offices of a municipality of less than 3,000,000
population that is situated in 2 or more counties, a
pollwatcher who is a resident of a county in which any part
of the municipality is situated shall be eligible to serve as
a pollwatcher in any polling place located within such
municipality, provided that such pollwatcher otherwise
complies with the respective requirements of subsections (1)
through (4) of this Section and is a registered voter whose
residence is within the municipality.
All pollwatchers shall be required to have proper
credentials. Such credentials shall be printed in sufficient
quantities, shall be issued by and under the facsimile
signature(s) of the election authority and shall be available
for distribution at least 2 weeks prior to the election.
Such credentials shall be authorized by the real or facsimile
signature of the State or local party official or the
candidate or the presiding officer of the civic organization
or the chairman of the proponent or opponent group, as the
case may be.
Pollwatcher credentials shall be in substantially the
following form:
POLLWATCHER CREDENTIALS
TO THE JUDGES OF ELECTION:
In accordance with the provisions of the Election Code,
the undersigned hereby appoints ........... (name of
pollwatcher) at .......... (address) in the county of
..........., .......... (township or municipality) of
........... (name), State of Illinois and who is duly
registered to vote from this address, to act as a
pollwatcher in the ........... precinct of the ..........
ward (if applicable) of the ........... (township or
municipality) of ........... at the ........... election to
be held on ..........., 19.. (date).
........................ (Signature of Appointing Authority)
........................ TITLE (party official, candidate,
civic organization president,
proponent or opponent group chairman)
Under penalties provided by law pursuant to Section 29-10
of the Election Code, the undersigned pollwatcher certifies
that he or she resides at .............. (address) in the
county of ........., ......... (township or municipality) of
.......... (name), State of Illinois, and is duly registered
to vote from that address.
........................... ..........................
(Precinct and/or Ward in (Signature of Pollwatcher)
Which Pollwatcher Resides)
Pollwatchers must present their credentials to the Judges
of Election upon entering the polling place. Pollwatcher
credentials properly executed and signed shall be proof of
the qualifications of the pollwatcher authorized thereby.
Such credentials are retained by the Judges and returned to
the Election Authority at the end of the day of election with
the other election materials. Once a pollwatcher has
surrendered a valid credential, he may leave and reenter the
polling place provided that such continuing action does not
disrupt the conduct of the election. Pollwatchers may be
substituted during the course of the day, but established
political parties, candidates, qualified civic organizations
and proponents and opponents of a ballot proposition can have
only as many pollwatchers at any given time as are authorized
in this Article. A substitute must present his signed
credential to the judges of election upon entering the
polling place. Election authorities must provide a
sufficient number of credentials to allow for substitution of
pollwatchers. After the polls have closed, pollwatchers shall
be allowed to remain until the canvass of votes is completed;
but may leave and reenter only in cases of necessity,
provided that such action is not so continuous as to disrupt
the canvass of votes.
Candidates seeking office in a district or municipality
encompassing 2 or more counties shall be admitted to any and
all polling places throughout such district or municipality
without regard to the counties in which such candidates are
registered to vote. Actions of such candidates shall be
governed in each polling place by the same privileges and
limitations that apply to pollwatchers as provided in this
Section. Any such candidate who engages in an activity in a
polling place which could reasonably be construed by a
majority of the judges of election as campaign activity shall
be removed forthwith from such polling place.
Candidates seeking office in a district or municipality
encompassing 2 or more counties who desire to be admitted to
polling places on election day in such district or
municipality shall be required to have proper credentials.
Such credentials shall be printed in sufficient quantities,
shall be issued by and under the facsimile fascimile
signature of the election authority of the election
jurisdiction where the polling place in which the candidate
seeks admittance is located, and shall be available for
distribution at least 2 weeks prior to the election. Such
credentials shall be signed by the candidate.
Candidate credentials shall be in substantially the
following form:
CANDIDATE CREDENTIALS
TO THE JUDGES OF ELECTION:
In accordance with the provisions of the Election Code, I
...... (name of candidate) hereby certify that I am a
candidate for ....... (name of office) and seek admittance to
....... precinct of the ....... ward (if applicable) of the
....... (township or municipality) of ....... at the .......
election to be held on ...., 19.... (date).
......................... .......................
(Signature of Candidate) OFFICE FOR WHICH
CANDIDATE SEEKS
NOMINATION OR
ELECTION
Pollwatchers shall be permitted to observe all
proceedings relating to the conduct of the election and to
station themselves in a position in the voting room as will
enable them to observe the judges making the signature
comparison between the voter application and the voter
registration record card; provided, however, that such
pollwatchers shall not be permitted to station themselves in
such close proximity to the judges of election so as to
interfere with the orderly conduct of the election and shall
not, in any event, be permitted to handle election materials.
Pollwatchers may challenge for cause the voting
qualifications of a person offering to vote and may call to
the attention of the judges of election any incorrect
procedure or apparent violations of this Code.
If a majority of the judges of election determine that
the polling place has become too overcrowded with
pollwatchers so as to interfere with the orderly conduct of
the election, the judges shall, by lot, limit such
pollwatchers to a reasonable number, except that each
candidate and each established or new political party shall
be permitted to have at least one pollwatcher present.
Representatives of an election authority, with regard to
an election under its jurisdiction,; the State Board of
Elections, and law enforcement agencies, including but not
limited to a United States Attorney, a State's attorney, the
Attorney General, and a State, county, or local police
department, in the performance of their official election
duties, shall be permitted at all times to enter and remain
in the polling place. Upon entering the polling place, such
representatives shall display their official credentials or
other identification to the judges of election.
Uniformed police officers assigned to polling place duty
shall follow all lawful instructions of the judges of
election.
The provisions of this Section shall also apply to
supervised casting of absentee ballots as provided in Section
19-12.2 of this Act.
(Source: P.A. 86-867; revised 8-7-97.)
(10 ILCS 5/16-4.1) (from Ch. 46, par. 16-4.1)
Sec. 16-4.1. Ballots; Form; Consolidated Elections.
This Section shall apply only to the consolidated primary
election, and the consolidated election, except as otherwise
expressly provided herein.
The ballot for the nomination or election of officers of
each political subdivision shall be considered a separate
ballot, and candidates for such offices shall be grouped
together. Where paper ballots are used, the names of
candidates for nomination or election to more than one
political subdivision may be contained on a common ballot,
provided that such ballot clearly indicates and separates
each political subdivision from which such officers are to be
nominated or elected.
At the consolidated election, the ballot for school
district offices shall precede the ballot for community
college district offices, and thereafter the ballot order of
the political subdivision officers to be elected shall be as
determined by the election authority. In the case of school
districts other than community consolidated school districts,
the ballot for non-high school district offices shall precede
the ballot for high school district offices.
At the consolidated primary and at the consolidated
election, the ballot for nomination or election of municipal
officers shall precede the ballot for township officers. At
the consolidated election, following the ballot for municipal
and township offices shall be the ballots for park district
and library district offices, following which shall be the
ballots for other political subdivision offices in the order
determined by the election authority.
The election authority, in determining the order of
ballot placement for offices of political subdivisions whose
ballot placement is not specified in this Section, shall give
due regard to the clarity of the ballot presentation to the
voters, cost and administrative ease, and the requirement to
provide separate ballot formats within precincts in which the
electors are not entitled to vote for the same offices or
propositions. At the request of a political subdivision
which extends into more than one election jurisdiction, the
election authority shall endeavor to coordinate placement and
color of the ballot for such subdivision with the other
election authorities responsible for preparing ballots for
such subdivision election. The election authority may
conduct a lottery to determine the order of ballot placement
of political subdivision ballots where such order is not
specified in this Section. Such lottery may be conducted
jointly by two or more election authorities.
(Source: P.A. 89-700, eff. 1-17-97; 90-358, eff. 1-1-98;
revised 11-13-97.)
(10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
Sec. 17-23. Pollwatchers in a general election shall be
authorized in the following manner:
(1) Each established political party shall be entitled
to appoint two pollwatchers per precinct. Such pollwatchers
must be affiliated with the political party for which they
are pollwatching. For all elections, except as provided in
subsection (4), one pollwatcher must be registered to vote
from a residence in the county in which he is pollwatching.
The second pollwatcher must be registered to vote from a
residence in the precinct or ward in which he is
pollwatching.
(2) Each candidate shall be entitled to appoint two
pollwatchers per precinct. For all elections, one
pollwatcher must be registered to vote from a residence in
the county in which he is pollwatching. The second
pollwatcher must be registered to vote from a residence in
the precinct or ward in which he is pollwatching.
(3) Each organization of citizens within the county or
political subdivision, which has among its purposes or
interests the investigation or prosecution of election
frauds, and which shall have registered its name and address
and the name and addresses of its principal officers with the
proper election authority at least 40 days before the
election, shall be entitled to appoint one pollwatcher per
precinct. For all elections, such pollwatcher must be
registered to vote from a residence in the county in which he
is pollwatching.
(4) In any general election held to elect candidates for
the offices of a municipality of less than 3,000,000
population that is situated in 2 or more counties, a
pollwatcher who is a resident of a county in which any part
of the municipality is situated shall be eligible to serve as
a pollwatcher in any poll located within such municipality,
provided that such pollwatcher otherwise complies with the
respective requirements of subsections (1) through (3) of
this Section and is a registered voter whose residence is
within the municipality.
(5) Each organized group of proponents or opponents of a
ballot proposition, which shall have registered the name and
address of its organization or committee and the name and
address of its chairman with the proper election authority at
least 40 days before the election, shall be entitled to
appoint one pollwatcher per precinct. Such pollwatcher must
be registered to vote from a residence in the county in which
the ballot proposition is being voted upon.
All pollwatchers shall be required to have proper
credentials. Such credentials shall be printed in sufficient
quantities, shall be issued by and under the facsimile
signature(s) of the election authority and shall be available
for distribution at least 2 weeks prior to the election. Such
credentials shall be authorized by the real or facsimile
signature of the State or local party official or the
candidate or the presiding officer of the civic organization
or the chairman of the proponent or opponent group, as the
case may be.
Pollwatcher credentials shall be in substantially the
following form:
POLLWATCHER CREDENTIALS
TO THE JUDGES OF ELECTION:
In accordance with the provisions of the Election
Code, the undersigned hereby appoints .......... (name of
pollwatcher) who resides at ........... (address) in the
county of ..........., .......... (township or municipality)
of ........... (name), State of Illinois and who is duly
registered to vote from this address, to act as a
pollwatcher in the ........... precinct of the ...........
ward (if applicable) of the ........... (township or
municipality) of ........... at the ........... election to
be held on .........., 19.. (date).
........................ (Signature of Appointing Authority)
......................... TITLE (party official, candidate,
civic organization president,
proponent or opponent group chairman)
Under penalties provided by law pursuant to Section 29-10
of the Election Code, the undersigned pollwatcher certifies
that he or she resides at ................ (address) in the
county of ............, ......... (township or municipality)
of ........... (name), State of Illinois, and is duly
registered to vote from that address.
.......................... .......................
(Precinct and/or Ward in (Signature of Pollwatcher)
Which Pollwatcher Resides)
Pollwatchers must present their credentials to the Judges
of Election upon entering the polling place. Pollwatcher
credentials properly executed and signed shall be proof of
the qualifications of the pollwatcher authorized thereby.
Such credentials are retained by the Judges and returned to
the Election Authority at the end of the day of election with
the other election materials. Once a pollwatcher has
surrendered a valid credential, he may leave and reenter the
polling place provided that such continuing action does not
disrupt the conduct of the election. Pollwatchers may be
substituted during the course of the day, but established
political parties, candidates and qualified civic
organizations can have only as many pollwatchers at any given
time as are authorized in this Article. A substitute must
present his signed credential to the judges of election upon
entering the polling place. Election authorities must
provide a sufficient number of credentials to allow for
substitution of pollwatchers. After the polls have closed
pollwatchers shall be allowed to remain until the canvass of
votes is completed; but may leave and reenter only in cases
of necessity, provided that such action is not so continuous
as to disrupt the canvass of votes.
Candidates seeking office in a district or municipality
encompassing 2 or more counties shall be admitted to any and
all polling places throughout such district or municipality
without regard to the counties in which such candidates are
registered to vote. Actions of such candidates shall be
governed in each polling place by the same privileges and
limitations that apply to pollwatchers as provided in this
Section. Any such candidate who engages in an activity in a
polling place which could reasonably be construed by a
majority of the judges of election as campaign activity shall
be removed forthwith from such polling place.
Candidates seeking office in a district or municipality
encompassing 2 or more counties who desire to be admitted to
polling places on election day in such district or
municipality shall be required to have proper credentials.
Such credentials shall be printed in sufficient quantities,
shall be issued by and under the facsimile fascimile
signature of the election authority of the election
jurisdiction where the polling place in which the candidate
seeks admittance is located, and shall be available for
distribution at least 2 weeks prior to the election. Such
credentials shall be signed by the candidate.
Candidate credentials shall be in substantially the
following form:
CANDIDATE CREDENTIALS
TO THE JUDGES OF ELECTION:
In accordance with the provisions of the Election Code, I
...... (name of candidate) hereby certify that I am a
candidate for ....... (name of office) and seek admittance to
....... precinct of the ....... ward (if applicable) of the
....... (township or municipality) of ....... at the .......
election to be held on ...., 19.... (date).
......................... .......................
(Signature of Candidate) OFFICE FOR WHICH
CANDIDATE SEEKS
NOMINATION OR
ELECTION
Pollwatchers shall be permitted to observe all
proceedings relating to the conduct of the election and to
station themselves in a position in the voting room as will
enable them to observe the judges making the signature
comparison between the voter application and the voter
registration record card; provided, however, that such
pollwatchers shall not be permitted to station themselves in
such close proximity to the judges of election so as to
interfere with the orderly conduct of the election and shall
not, in any event, be permitted to handle election materials.
Pollwatchers may challenge for cause the voting
qualifications of a person offering to vote and may call to
the attention of the judges of election any incorrect
procedure or apparent violations of this Code.
If a majority of the judges of election determine that
the polling place has become too overcrowded with
pollwatchers so as to interfere with the orderly conduct of
the election, the judges shall, by lot, limit such
pollwatchers to a reasonable number, except that each
established or new political party shall be permitted to have
at least one pollwatcher present.
Representatives of an election authority, with regard to
an election under its jurisdiction,; the State Board of
Elections, and law enforcement agencies, including but not
limited to a United States Attorney, a State's attorney, the
Attorney General, and a State, county, or local police
department, in the performance of their official election
duties, shall be permitted at all times to enter and remain
in the polling place. Upon entering the polling place, such
representatives shall display their official credentials or
other identification to the judges of election.
Uniformed police officers assigned to polling place duty
shall follow all lawful instructions of the judges of
election.
The provisions of this Section shall also apply to
supervised casting of absentee ballots as provided in Section
19-12.2 of this Act.
(Source: P.A. 86-867; revised 8-7-97.)
(10 ILCS 5/20-13.1) (from Ch. 46, par. 20-13.1)
Sec. 20-13.1. Any person not covered by Sections 20-2,
20-2.1 or 20-2.2 of this Article who is registered to vote
but who is disqualified from voting because he moved outside
his election precinct during the 30 days preceding a
presidential election may make special application to the
election authority having jurisdiction over his precinct of
former residence by mail, not more than 30 nor less than 5
days before a Federal election, or in person in the office of
the election authority, not more than 30 nor less than 1 day
before a Federal election, for an absentee ballot to vote for
the president and vice-president only. Such application shall
be furnished by the election authority and shall be in
substantially the following form:
SPECIAL VOTER APPLICATION
(For use by registered Illinois voters disqualified for
having moved outside their precinct on or after the 30th day
preceding the election, to vote for president and
vice-president only.)
1. I hereby request a ballot to vote for president and
vice-president only on .......... (insert date of or general
election).
2. I am a citizen of the United States and my present
address is: .................... (Residence Number)
.......... (Street) ....................
(City/Village/Township) .......... (County) ..........
(State).
3. As of .......... (Month), .......... (Day),
.......... (Year) I was a registered voter at ..........
(Residence Number) .......... (Street) ....................
(City/Village/Township).
4. I moved to my present address on .......... (Month)
.......... (Day) .......... (Year).
5. I have not registered to vote from nor have I
requested a ballot in any other election jurisdiction in this
State or in another State.
6. (If absentee request), I request that you mail the
ballot to the following address:
Print name and complete mailing address.
........................................
........................................
........................................
Under the penalties as provided by law pursuant to
Article 29 of The Election Code, the undersigned certifies
that the statements set forth in this application are true
and correct.
........................
(Signature of Applicant)
7. Subscribed and sworn to before me on ..........
(Month) .......... (Day) .......... (Year)
........................
(Signature of Official
Administering Oath)
The procedures set forth in Sections 20-4 through 20-12
of this Article, insofar as they may be made applicable,
shall be applicable to absentee voting under this Section.
(Source: P.A. 81-953; revised 12-18-97.)
(10 ILCS 5/23-6.1) (from Ch. 46, par. 23-6.1)
Sec. 23-6.1. Whenever an election contest for a municipal
trustee or alderman is brought involving ballots from the
same precincts which are subject to the jurisdiction of the
circuit court by virtue of the pendency of an election
contest for another office, the municipal council or board of
trustees having jurisdiction of the municipal election
contest shall have priority of access and possession of the
ballots and other election materials for the purpose of
conducting a recount or other related proceedings for a
period of 30 days following the commencement of the municipal
election contest. The election authority shall notify the
court and the municipal council or board of the pendency
pendancy of all other contests relating to the same
precincts.
(Source: P.A. 81-1433; revised 7-21-97.)
Section 15. The Secretary of State Act is amended by
changing Section 11.1 as follows:
(15 ILCS 305/11.1)
Sec. 11.1. Acid free paper. The Secretary of State
shall develop guidelines for using of acid free paper for
permanent documents intended for archival storage.
(Source: P.A. 88-68; revised 12-18-97.)
Section 16. The State Library Act is amended by changing
Section 4 as follows:
(15 ILCS 320/4) (from Ch. 128, par. 104)
Sec. 4. Regional library districts. The counties of this
State shall be divided into 6 six regional library districts
as follows:
District 1 -- Jo Daviess, Stephenson Stevenson,
Winnebago, Boone, McHenry, Lake, Carroll, Ogle, DeKalb,
Whiteside, Lee, Rock Island, Henry, Bureau, LaSalle, Kendall,
Stark, Putnam, Marshall, Grundy.
District 2 -- Kane, Cook, DuPage, Will.
District 3 -- Kankakee, Livingston, Iroquois, McLean,
Ford, Vermilion, Champaign, DeWitt, Piatt, Macon, Christian,
Shelby, Moultrie, Douglas, Edgar, Coles, Clark, Cumberland.
District 4 -- Mercer, Knox, Peoria, Woodford, Tazewell,
Fulton, Warren, Henderson, Hancock, McDonough, Adams,
Schuyler, Mason, Logan, Menard, Cass, Brown, Pike, Morgan,
Sangamon, Scott, Greene, Calhoun, Jersey.
District 5 -- Macoupin, Montgomery, Madison, Bond,
Fayette, Effingham, Jasper, Crawford, Lawrence, Richland,
Clay, Marion, Clinton, St. Clair, Monroe, Washington,
Jefferson, Perry, Randolph.
District 6 -- Jackson, Franklin, Wayne, Edwards, Wabash,
White, Hamilton, Gallatin, Saline, Williamson, Union,
Johnson, Pope, Hardin, Alexander, Pulaski, Massac.
(Source: P.A. 77-1690; revised 8-7-97.)
Section 17. The Deposit of State Moneys Act is amended
by changing Section 22.5 as follows:
(15 ILCS 520/22.5) (from Ch. 130, par. 41a)
Sec. 22.5. The State Treasurer may, with the approval of
the Governor, invest and reinvest any State money in the
treasury which is not needed for current expenditures due or
about to become due, in obligations of the United States
government or its agencies or of National Mortgage
Associations established by or under the National Housing
Act, 1201 U.S.C. 1701 et. seq., or in mortgage participation
certificates representing undivided interests in specified,
first-lien conventional residential Illinois mortgages that
are underwritten, insured, guaranteed, or purchased by the
Federal Home Loan Mortgage Corporation or in Affordable
Housing Program Trust Fund Bonds or Notes as defined in and
issued pursuant to the Illinois Housing Development Act. All
such obligations shall be considered as cash and may be
delivered over as cash by a State Treasurer to his successor.
The State Treasurer may, with the approval of the
Governor, purchase any state bonds with any money in the
State Treasury that has been set aside and held for the
payment of the principal of and interest on the bonds. The
bonds shall be considered as cash and may be delivered over
as cash by the State Treasurer to his successor.
The State Treasurer may, with the approval of the
Governor, invest or reinvest any State money in the treasury
that is not needed for current expenditure due or about to
become due, or any money in the State Treasury that has been
set aside and held for the payment of the principal of and
the interest on any State bonds, in shares, withdrawable
accounts, and investment certificates of savings and building
and loan associations, incorporated under the laws of this
State or any other state or under the laws of the United
States; provided, however, that investments may be made only
in those savings and loan or building and loan associations
the shares and withdrawable accounts or other forms of
investment securities of which are insured by the Federal
Deposit Insurance Corporation.
The State Treasurer may not invest State money in any
savings and loan or building and loan association unless a
commitment by the savings and loan (or building and loan)
association, executed by the president or chief executive
officer of that association, is submitted in the following
form:
The .................. Savings and Loan (or Building
and Loan) Association pledges not to reject arbitrarily
mortgage loans for residential properties within any
specific part of the community served by the savings and
loan (or building and loan) association because of the
location of the property. The savings and loan (or
building and loan) association also pledges to make loans
available on low and moderate income residential property
throughout the community within the limits of its legal
restrictions and prudent financial practices.
The State Treasurer may, with the approval of the
Governor, invest or reinvest, at a price not to exceed par,
any State money in the treasury that is not needed for
current expenditures due or about to become due, or any money
in the State Treasury that has been set aside and held for
the payment of the principal of and interest on any State
bonds, in bonds issued by counties or municipal corporations
of the State of Illinois.
The State Treasurer may, with the approval of the
Governor, invest or reinvest any State money in the Treasury
which is not needed for current expenditure, due or about to
become due, or any money in the State Treasury which has been
set aside and held for the payment of the principal of and
the interest on any State bonds, in participations in loans,
the principal of which participation is fully guaranteed by
an agency or instrumentality of the United States government;
provided, however, that such loan participations are
represented by certificates issued only by banks which are
incorporated under the laws of this State or any other state
or under the laws of the United States, and such banks, but
not the loan participation certificates, are insured by the
Federal Deposit Insurance Corporation.
The State Treasurer may, with the approval of the
Governor, invest or reinvest any State money in the Treasury
that is not needed for current expenditure, due or about to
become due, or any money in the State Treasury that has been
set aside and held for the payment of the principal of and
the interest on any State bonds, in any of the following:
(1) Bonds, notes, certificates of indebtedness,
Treasury bills, or other securities now or hereafter
issued that are guaranteed by the full faith and credit
of the United States of America as to principal and
interest.
(2) Bonds, notes, debentures, or other similar
obligations of the United States of America, its
agencies, and instrumentalities.
(3) Interest-bearing savings accounts,
interest-bearing certificates of deposit,
interest-bearing time deposits, or any other investments
constituting direct obligations of any bank as defined by
the Illinois Banking Act.
(4) Interest-bearing accounts, certificates of
deposit, or any other investments constituting direct
obligations of any savings and loan associations
incorporated under the laws of this State or any other
state or under the laws of the United States.
(5) Dividend-bearing share accounts, share
certificate accounts, or class of share accounts of a
credit union chartered under the laws of this State or
the laws of the United States; provided, however, the
principal office of the credit union must be located
within the State of Illinois.
(6) Bankers' acceptances of banks whose senior
obligations are rated in the top 2 rating categories by 2
national rating agencies and maintain that rating during
the term of the investment.
(7) Short-term obligations of corporations
organized in the United States with assets exceeding
$500,000,000 if (i) the obligations are rated at the time
of purchase at one of the 3 highest classifications
established by at least 2 standard rating services and
mature not later than 180 days from the date of purchase,
(ii) the purchases do not exceed 10% of the corporation's
outstanding obligations, and (iii) no more than one-third
of the public agency's funds are invested in short-term
obligations of corporations.
(8) Money market mutual funds registered under the
Investment Company Act of 1940, provided that the
portfolio of the money market mutual fund is limited to
obligations described in this Section and to agreements
to repurchase such obligations.
(9) The Public Treasurers' Investment Pool created
under Section 17 of the State Treasurer Act or in a fund
managed, operated, and administered by a bank.
(10) Repurchase agreements of government securities
having the meaning set out in the Government Securities
Act of 1986 subject to the provisions of that Act and the
regulations issued thereunder.
For purposes of this Section, "agencies" of the United
States Government includes:
(i) the federal land banks, federal intermediate
credit banks, banks for cooperatives, federal farm credit
banks, or any other entity authorized to issue debt
obligations under the Farm Credit Act of 1971 (12 U.S.C.
2001 et. seq.) and Acts amendatory thereto;
(ii) the federal home loan banks and the federal
home loan mortgage corporation;
(iii) the Commodity Credit Corporation; and
(iv) any other agency created by Act of Congress.
The Treasurer may, with the approval of the Governor,
lend any securities acquired under this Act. However,
securities may be lent under this Section only in accordance
with Federal Financial Institution Examination Council
guidelines and only if the securities are collateralized at a
level sufficient to assure the safety of the securities,
taking into account market value fluctuation. The securities
may be collateralized by cash or collateral acceptable under
Sections 11 and 11.1.
(Source: P.A. 87-331; 87-895; 87-1131; 88-45; 88-93; 88-640,
eff. 7-1-95; revised 6-27-97.)
Section 18. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 30-5 as
follows:
(20 ILCS 301/30-5)
Sec. 30-5. Patients' rights established.
(a) For purposes of this Section, "patient" means any
person who is receiving or has received intervention,
treatment or aftercare services under this Act.
(b) No patient who is receiving or who has received
intervention, treatment or aftercare services under this Act
shall be deprived of any rights, benefits, or privileges
guaranteed by law, the Constitution of the United States of
America, or the Constitution of the State of Illinois solely
because of his status as a patient of a program.
(c) Persons who abuse or are dependent on alcohol or
other drugs who are also suffering from medical conditions
shall not be discriminated against in admission or treatment
by any hospital which receives support in any form from any
program supported in whole or in part by funds appropriated
to any State department or agency.
(d) Every patient shall have impartial access to
services without regard to race, religion, sex, ethnicity,
age or handicap.
(e) Patients shall be permitted the free exercise of
religion.
(f) Every patient's personal dignity shall be recognized
in the provision of services, and a patient's personal
privacy shall be assured and protected within the constraints
of his individual treatment plan.
(g) Treatment services shall be provided in the least
restrictive environment possible.
(h) Each patient shall be provided an individual
treatment plan, which shall be periodically reviewed and
updated as necessary.
(i) Every patient shall be permitted to participate in
the planning of his total care and medical treatment to the
extent that his condition permits.
(j) A person shall not be denied treatment solely
because he has withdrawn from treatment against medical
advice on a prior occasion or because he has relapsed after
earlier treatment or, when in medical crisis, because of
inability to pay.
(k) The patient in treatment shall be permitted visits
by family and significant others, unless such visits are
clinically contraindicated.
(l) A patient in treatment shall be allowed to conduct
private telephone conversations with family and friends
unless clinically contraindicated.
(m) A patient shall be permitted to send and receive
mail without hindrance hinderance, unless clinically
contraindicated.
(n) A patient shall be permitted to manage his own
financial affairs unless he or his guardian, or if the
patient is a minor, his parent, authorizes another competent
person to do so.
(o) A patient shall be permitted to request the opinion
of a consultant at his own expense, or to request an in-house
review of a treatment plan, as provided in the specific
procedures of the provider. A treatment provider is not
liable for the negligence of any consultant.
(p) Unless otherwise prohibited by State or federal law,
every patient shall be permitted to obtain from his own
physician, the treatment provider or the treatment provider's
consulting physician complete and current information
concerning the nature of care, procedures and treatment which
he will receive.
(q) A patient shall be permitted to refuse to
participate in any experimental research or medical procedure
without compromising his access to other, non-experimental
services. Before a patient is placed in an experimental
research or medical procedure, the provider must first obtain
his informed written consent or otherwise comply with the
federal requirements regarding the protection of human
subjects contained in 45 C.F.R. Part 46.
(r) All medical treatment and procedures shall be
administered as ordered by a physician. In order to assure
compliance by the treatment program with all physician
orders, all new physician orders shall be reviewed by the
treatment program's staff within a reasonable period of time
after such orders have been issued. "Medical treatment and
procedures" means those services that can be ordered only by
a physician licensed to practice medicine in all of its
branches in Illinois.
(s) Every patient shall be permitted to refuse medical
treatment and to know the consequences of such action. Such
refusal by a patient shall free the treatment program from
the obligation to provide the treatment.
(t) Unless otherwise prohibited by State or federal law,
every patient, patient's guardian, or parent, if the patient
is a minor, shall be permitted to inspect and copy all
clinical and other records kept by the treatment program or
by his physician concerning his care and maintenance. The
treatment program or physician may charge a reasonable fee
for the duplication of a record.
(u) No owner, licensee, administrator, employee or agent
of a treatment program shall abuse or neglect a patient. It
is the duty of any program employee or agent who becomes
aware of such abuse or neglect to report it to the Department
immediately.
(v) The administrator of a program may refuse access to
the program to any person if the actions of that person while
in the program are or could be injurious to the health and
safety of a patient or the program, or if the person seeks
access to the program for commercial purposes.
(w) A patient may be discharged from a program after he
gives the administrator written notice of his desire to be
discharged or upon completion of his prescribed course of
treatment. No patient shall be discharged or transferred
without the preparation of a post-treatment aftercare plan by
the program.
(x) Patients and their families or legal guardians shall
have the right to present complaints concerning the quality
of care provided to the patient, without threat of discharge
or reprisal in any form or manner whatsoever. The treatment
provider shall have in place a mechanism for receiving and
responding to such complaints, and shall inform the patient
and his family or legal guardian of this mechanism and how to
use it. The provider shall analyze any complaint received
and, when indicated, take appropriate corrective action.
Every patient and his family member or legal guardian who
makes a complaint shall receive a timely response from the
provider which substantively addresses the complaint. The
provider shall inform the patient and his family or legal
guardian about other sources of assistance if the provider
has not resolved the complaint to the satisfaction of the
patient or his family or legal guardian.
(y) A resident may refuse to perform labor at a program
unless such labor is a part of his individual treatment
program as documented in his clinical record.
(z) A person who is in need of treatment may apply for
voluntary admission to a treatment program in the manner and
with the rights provided for under regulations promulgated by
the Department. If a person is refused admission to a
licensed treatment program, the staff of the program, subject
to rules promulgated by the Department, shall refer the
person to another treatment or other appropriate program.
(aa) No patient shall be denied services based solely on
HIV status. Further, records and information governed by the
AIDS Confidentiality Act and the AIDS Confidentiality and
Testing Code (77 Ill. Adm. Code 697) shall be maintained in
accordance therewith.
(bb) Records of the identity, diagnosis, prognosis or
treatment of any patient maintained in connection with the
performance of any program or activity relating to alcohol or
other drug abuse or dependency education, early intervention,
intervention, training, treatment or rehabilitation which is
regulated, authorized, or directly or indirectly assisted by
any Department or agency of this State or under any provision
of this Act shall be confidential and may be disclosed only
in accordance with the provisions of federal law and
regulations concerning the confidentiality of alcohol and
drug abuse patient records as contained in 42 U.S.C. Sections
290dd-3 and 290ee-3 and 42 C.F.R. Part 2.
(1) The following are exempt from the
confidentiality protections set forth in 42 C.F.R.
Section 2.12(c):
(A) Veteran's Administration records.
(B) Information obtained by the Armed Forces.
(C) Information given to qualified service
organizations.
(D) Communications within a program or between
a program and an entity having direct administrative
control over that program.
(E) Information given to law enforcement
personnel investigating a patient's commission of a
crime on the program premises or against program
personnel.
(F) Reports under State law of incidents of
suspected child abuse and neglect;, however,;
confidentiality restrictions continue to apply to
the records and any follow-up information for
disclosure and use in civil or criminal proceedings
arising from the report of suspected abuse or
neglect.
(2) If the information is not exempt, a disclosure
can be made only under the following circumstances:
(A) With patient consent as set forth in 42
C.F.R. Sections 2.1(b)(1) and 2.31, and as
consistent with pertinent State law.
(B) For medical emergencies as set forth in 42
C.F.R. Sections 2.1(b)(2) and 2.51.
(C) For research activities as set forth in 42
C.F.R. Sections 2.1(b)(2) and 2.52.
(D) For audit evaluation activities as set
forth in 42 C.F.R. Section 2.53.
(E) With a court order as set forth in 42
C.F.R. Sections 2.61 through 2.67.
(3) The restrictions on disclosure and use of
patient information apply whether the holder of the
information already has it, has other means of obtaining
it, is a law enforcement or other official, has obtained
a subpoena, or asserts any other justification for a
disclosure or use which is not permitted by 42 C.F.R.
Part 2. Any court orders authorizing disclosure of
patient records under this Act must comply with the
procedures and criteria set forth in 42 C.F.R. Sections
2.64 and 2.65. Except as authorized by a court order
granted under this Section, no record referred to in this
Section may be used to initiate or substantiate any
charges against a patient or to conduct any investigation
of a patient.
(4) The prohibitions of this subsection shall apply
to records concerning any person who has been a patient,
regardless of whether or when he ceases to be a patient.
(5) Any person who discloses the content of any
record referred to in this Section except as authorized
shall, upon conviction, be guilty of a Class A
misdemeanor.
(6) The Department shall prescribe regulations to
carry out the purposes of this subsection. These
regulations may contain such definitions, and may provide
for such safeguards and procedures, including procedures
and criteria for the issuance and scope of court orders,
as in the judgment of the Department are necessary or
proper to effectuate the purposes of this Section, to
prevent circumvention or evasion thereof, or to
facilitate compliance therewith.
(cc) Each patient shall be given a written explanation
of all the rights enumerated in this Section. If a patient
is unable to read such written explanation, it shall be read
to the patient in a language that the patient understands. A
copy of all the rights enumerated in this Section shall be
posted in a conspicuous place within the program where it may
readily be seen and read by program patients and visitors.
(dd) The program shall ensure that its staff is familiar
with and observes the rights and responsibilities enumerated
in this Section.
(Source: P.A. 88-80; revised 8-7-97.)
Section 19. The Civil Administrative Code of Illinois is
amended by changing Section 67.23 as follows:
(20 ILCS 405/67.23) (from Ch. 127, par. 63b13.23)
Sec. 67.23. To administer the Statewide Form Management
Program and provisions of the Forms Notice Act "The Forms
Management Program Act", enacted by the Eightieth General
Assembly.
(Source: P.A. 80-1338; revised 9-24-97.)
Section 20. The Personnel Code is amended by changing
Section 8b.7 as follows:
(20 ILCS 415/8b.7) (from Ch. 127, par. 63b108b.7)
Sec. 8b.7. Veteran preference. For the granting of
appropriate preference in entrance examinations to qualified
persons who have been members of the armed forces of the
United States or to qualified persons who, while citizens of
the United States, were members of the armed forces of allies
of the United States in time of hostilities with a foreign
country, and to certain other persons as set forth in this
Section.
(a) As used in this Section:
(1) "Time of hostilities with a foreign country"
means any period of time in the past, present, or future
during which a declaration of war by the United States
Congress has been or is in effect or during which an
emergency condition has been or is in effect that is
recognized by the issuance of a Presidential proclamation
or a Presidential executive order and in which the armed
forces expeditionary medal or other campaign service
medals are awarded according to Presidential executive
order.
(2) "Armed forces of the United States" means the
United States Army, Navy, Air Force, Marine Corps, and
Coast Guard. Service in the Merchant Marine that
constitutes active duty under Section 401 of federal
Public Law 95-202 shall also be considered service in the
Armed Forces of the United States for purposes of this
Section.
(b) The preference granted under this Section shall be
in the form of points added to the final grades of the
persons if they otherwise qualify and are entitled to appear
on the list of those eligible for appointments.
(c) A veteran is qualified for a preference of 10 points
if the veteran currently holds proof of a service connected
disability from the United States Department of Veterans
Affairs or an allied country or if the veteran is a recipient
of the Purple Heart.
(d) A veteran who has served during a time of
hostilities with a foreign country is qualified for a
preference of 5 points if the veteran served under one or
more of the following conditions:
(1) The veteran served a total of at least 6
months, or
(2) The veteran served for the duration of
hostilities regardless of the length of engagement, or
(3) The veteran was discharged on the basis of
hardship, or
(4) The veteran was released from active duty
because of a service serve connected disability and was
discharged under honorable conditions.
(e) A person not eligible for a preference under
subsection (c) or (d) is qualified for a preference of 3
points if the person has served in the armed forces of the
United States, the Illinois National Guard, or any reserve
component of the armed forces of the United States if the
person: (1) served for at least 6 months and has been
discharged under honorable conditions or (2) has been
discharged on the ground of hardship or (3) was released from
active duty because of a service connected disability. An
active member of the National Guard or a reserve component of
the armed forces of the United States is eligible for the
preference if the member meets the service requirements of
this subsection (e).
(f) The rank order of persons entitled to a preference
on eligible lists shall be determined on the basis of their
augmented ratings. When the Director establishes eligible
lists on the basis of category ratings such as "superior",
"excellent", "well-qualified", and "qualified", the veteran
eligibles in each such category shall be preferred for
appointment before the non-veteran eligibles in the same
category.
(g) Employees in positions covered by jurisdiction B
who, while in good standing, leave to engage in military
service during a period of hostility, shall be given credit
for seniority purposes for time served in the armed forces.
(h) A surviving unremarried spouse of a veteran who
suffered a service connected death or the spouse of a veteran
who suffered a service connected disability that prevents the
veteran from qualifying for civil service employment shall be
entitled to the same preference to which the veteran would
have been entitled under this Section.
(i) A preference shall also be given to the following
individuals: 10 points for one parent of an unmarried
veteran who suffered a service connected death or a service
connected disability that prevents the veteran from
qualifying for civil service employment. The first parent to
receive a civil service appointment shall be the parent
entitled to the preference.
(j) The Department of Central Management Services shall
adopt rules and implement procedures to verify that any
person seeking a preference under this Section is entitled to
the preference. A person seeking a preference under this
Section shall provide documentation or execute any consents
or other documents required by the Department of Central
Management Services or any other State department or agency
to enable the department or agency to verify that the person
is entitled to the preference.
(Source: P.A. 89-324, eff. 8-13-95; 89-626, eff. 8-9-96;
revised 1-15-98.)
Section 21. The Children and Family Services Act is
amended by changing Sections 5, 17a-4, and 21 as follows:
(20 ILCS 505/5) (from Ch. 23, par. 5005)
Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State
who are under the age of 18 years. The term also
includes persons under age 19 who:
(A) were committed to the Department pursuant
to the Juvenile Court Act or the Juvenile Court Act
of 1987, as amended, prior to the age of 18 and who
continue under the jurisdiction of the court; or
(B) were accepted for care, service and
training by the Department prior to the age of 18
and whose best interest in the discretion of the
Department would be served by continuing that care,
service and training because of severe emotional
disturbances, physical disability, social adjustment
or any combination thereof, or because of the need
to complete an educational or vocational training
program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the health,
safety and welfare of children, including homeless,
dependent or neglected children;
(B) remedying, or assisting in the solution of
problems which may result in, the neglect, abuse,
exploitation or delinquency of children;
(C) preventing the unnecessary separation of
children from their families by identifying family
problems, assisting families in resolving their
problems, and preventing the breakup of the family
where the prevention of child removal is desirable
and possible when the child can be cared for at home
without endangering the child's health and safety;
(D) restoring to their families children who
have been removed, by the provision of services to
the child and the families when the child can be
cared for at home without endangering the child's
health and safety;
(E) placing children in suitable adoptive
homes, in cases where restoration to the biological
family is not safe, possible or appropriate;
(F) assuring safe and adequate care of
children away from their homes, in cases where the
child cannot be returned home or cannot be placed
for adoption. At the time of placement, the
Department shall consider concurrent planning, as
described in subsection (l-1) of this Section so
that permanency may occur at the earliest
opportunity. Consideration should be given so that
if reunification fails or is delayed, the placement
made is the best available placement to provide
permanency for the child;
(G) (blank);
(H) (blank); and
(I) placing and maintaining children in
facilities that provide separate living quarters for
children under the age of 18 and for children 18
years of age and older, unless a child 18 years of
age is in the last year of high school education or
vocational training, in an approved individual or
group treatment program, or in a licensed shelter
facility. The Department is not required to place or
maintain children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting or parenting,
or
(iv) who are siblings,
in facilities that provide separate living quarters
for children 18 years of age and older and for
children under 18 years of age.
(b) Nothing in this Section shall be construed to
authorize the expenditure of public funds for the purpose of
performing abortions.
(c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement,
the contractor must post a surety bond in the amount of the
advance disbursement and have a purchase of service contract
approved by the Department. The Department may pay up to 2
months operational expenses in advance. The amount of the
advance disbursement shall be prorated over the life of the
contract or the remaining months of the fiscal year,
whichever is less, and the installment amount shall then be
deducted from future bills. Advance disbursement
authorizations for new initiatives shall not be made to any
agency after that agency has operated during 2 consecutive
fiscal years. The requirements of this Section concerning
advance disbursements shall not apply with respect to the
following: payments to local public agencies for child day
care services as authorized by Section 5a of this Act; and
youth service programs receiving grant funds under Section
17a-4.
(e) (Blank).
(f) (Blank).
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the
goals of child safety and protection, family preservation,
family reunification, and adoption, including but not limited
to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile
Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
Juvenile Court Act of 1987 in accordance with the federal
Adoption Assistance and Child Welfare Act of 1980; and
(10) interstate services.
Rules and regulations established by the Department shall
include provisions for training Department staff and the
staff of Department grantees, through contracts with other
agencies or resources, in alcohol and drug abuse screening
techniques to identify children and adults who should be
referred to an alcohol and drug abuse treatment program for
professional evaluation.
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for
a ward and that no licensed private facility has an adequate
and appropriate program or none agrees to accept the ward,
the Department shall create an appropriate individualized,
program-oriented plan for such ward. The plan may be
developed within the Department or through purchase of
services by the Department to the extent that it is within
its statutory authority to do.
(i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
(1) case management;
(2) homemakers;
(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available
to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and
(4) in-home health services.
The Department shall provide transportation for any of
the services it makes available to children or families or
for which it refers children or families.
(j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt physically or mentally
handicapped, older and other hard-to-place children who
immediately prior to their adoption were legal wards of the
Department. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4-25 or 5-29 of the Juvenile Court Act of 1987 for children
who were wards of the Department for 12 months immediately
prior to the appointment of the successor guardian and for
whom the Department has set a goal of permanent family
placement with a foster family.
The amount of assistance may vary, depending upon the
needs of the child and the adoptive parents, as set forth in
the annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such
costs may not exceed the amounts which similar services would
cost the Department if it were to provide or secure them as
guardian of the child.
Any financial assistance provided under this subsection
is inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection
of a judgment or debt.
(k) The Department shall accept for care and training
any child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act
or the Juvenile Court Act of 1987.
(l) Before July 1, 2000, the Department may provide, and
beginning July 1, 2000, the Department shall provide, family
preservation services, as determined to be appropriate and in
the child's best interests and when the child will be safe
and not be in imminent risk of harm, to any family whose
child has been placed in substitute care, any persons who
have adopted a child and require post-adoption services, or
any persons whose child or children are at risk of being
placed outside their home as documented by an "indicated"
report of suspected child abuse or neglect determined
pursuant to the Abused and Neglected Child Reporting Act.
Nothing in this paragraph shall be construed to create a
private right of action or claim on the part of any
individual or child welfare agency.
The Department shall notify the child and his family of
the Department's responsibility to offer and provide family
preservation services as identified in the service plan. The
child and his family shall be eligible for services as soon
as the report is determined to be "indicated". The
Department may offer services to any child or family with
respect to whom a report of suspected child abuse or neglect
has been filed, prior to concluding its investigation under
Section 7.12 of the Abused and Neglected Child Reporting Act.
However, the child's or family's willingness to accept
services shall not be considered in the investigation. The
Department may also provide services to any child or family
who is the subject of any report of suspected child abuse or
neglect or may refer such child or family to services
available from other agencies in the community, even if the
report is determined to be unfounded, if the conditions in
the child's or family's home are reasonably likely to subject
the child or family to future reports of suspected child
abuse or neglect. Acceptance of such services shall be
voluntary.
The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated
addicted, as a truant minor in need of supervision or as a
minor requiring authoritative intervention, under the
Juvenile Court Act or the Juvenile Court Act of 1987, but no
such child shall be committed to the Department by any court
without the approval of the Department. A minor charged with
a criminal offense under the Criminal Code of 1961 or
adjudicated delinquent shall not be placed in the custody of
or committed to the Department by any court, except a minor
less than 13 years of age committed to the Department under
Section 5-23 of the Juvenile Court Act of 1987.
(l-1) The legislature recognizes that the best interests
of the child require that the child be placed in the most
permanent living arrangement as soon as is practically
possible. To achieve this goal, the legislature directs the
Department of Children and Family Services to conduct
concurrent planning so that permanency may occur at the
earliest opportunity. Permanent living arrangements may
include prevention of placement of a child outside the home
of the family when the child can be cared for at home without
endangering the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.
When a child is placed in foster care, the Department
shall ensure and document that reasonable efforts were made
to prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child
occurs or must request a finding from the court that
reasonable efforts are not appropriate or have been
unsuccessful. At any time after the dispositional hearing
where the Department believes that further reunification
services would be ineffective, it may request a finding from
the court that reasonable efforts are no longer appropriate.
The Department is not required to provide further
reunification services after such a finding.
A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration
should also be given so that if reunification fails or is
delayed, the placement made is the best available placement
to provide permanency for the child.
The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed
by the family;
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with
the family to reunite;
(6) the willingness and ability of the foster
family to provide an adoptive home or long-term
placement;
(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any
child if:
(1) it has received a written consent to such
temporary custody signed by the parents of the child or
by the parent having custody of the child if the parents
are not living together or by the guardian or custodian
of the child if the child is not in the custody of either
parent, or
(2) the child is found in the State and neither a
parent, guardian nor custodian of the child can be
located.
If the child is found in his or her residence without a
parent, guardian, custodian or responsible caretaker, the
Department may, instead of removing the child and assuming
temporary custody, place an authorized representative of the
Department in that residence until such time as a parent,
guardian or custodian enters the home and expresses a
willingness and apparent ability to ensure the child's health
and safety and resume permanent charge of the child, or until
a relative enters the home and is willing and able to ensure
the child's health and safety and assume charge of the child
until a parent, guardian or custodian enters the home and
expresses such willingness and ability to ensure the child's
safety and resume permanent charge. After a caretaker has
remained in the home for a period not to exceed 12 hours, the
Department must follow those procedures outlined in Section
2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987.
The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile
Court Act of 1987. Whenever a child is taken into temporary
custody pursuant to an investigation under the Abused and
Neglected Child Reporting Act, or pursuant to a referral and
acceptance under the Juvenile Court Act of 1987 of a minor in
limited custody, the Department, during the period of
temporary custody and before the child is brought before a
judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
of the Juvenile Court Act of 1987, shall have the authority,
responsibilities and duties that a legal custodian of the
child would have under subsection (9) of Section 1-3 of the
Juvenile Court Act of 1987.
The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
A parent, guardian or custodian of a child in the
temporary custody of the Department who would have custody of
the child if he were not in the temporary custody of the
Department may deliver to the Department a signed request
that the Department surrender the temporary custody of the
child. The Department may retain temporary custody of the
child for 10 days after the receipt of the request, during
which period the Department may cause to be filed a petition
pursuant to the Juvenile Court Act of 1987. If a petition is
so filed, the Department shall retain temporary custody of
the child until the court orders otherwise. If a petition is
not filed within the 10 day period, the child shall be
surrendered to the custody of the requesting parent, guardian
or custodian not later than the expiration of the 10 day
period, at which time the authority and duties of the
Department with respect to the temporary custody of the child
shall terminate.
(n) The Department may place children under 18 years of
age in licensed child care facilities when in the opinion of
the Department, appropriate services aimed at family
preservation have been unsuccessful and cannot ensure the
child's health and safety or are unavailable and such
placement would be for their best interest. Payment for
board, clothing, care, training and supervision of any child
placed in a licensed child care facility may be made by the
Department, by the parents or guardians of the estates of
those children, or by both the Department and the parents or
guardians, except that no payments shall be made by the
Department for any child placed in a licensed child care
facility for board, clothing, care, training and supervision
of such a child that exceed the average per capita cost of
maintaining and of caring for a child in institutions for
dependent or neglected children operated by the Department.
However, such restriction on payments does not apply in cases
where children require specialized care and treatment for
problems of severe emotional disturbance, physical
disability, social adjustment, or any combination thereof and
suitable facilities for the placement of such children are
not available at payment rates within the limitations set
forth in this Section. All reimbursements for services
delivered shall be absolutely inalienable by assignment,
sale, attachment, garnishment or otherwise.
(o) The Department shall establish an administrative
review and appeal process for children and families who
request or receive child welfare services from the
Department. Children who are wards of the Department and are
placed by private child welfare agencies, and foster families
with whom those children are placed, shall be afforded the
same procedural and appeal rights as children and families in
the case of placement by the Department, including the right
to an initial review of a private agency decision by that
agency. The Department shall insure that any private child
welfare agency, which accepts wards of the Department for
placement, affords those rights to children and foster
families. The Department shall accept for administrative
review and an appeal hearing a complaint made by a child or
foster family concerning a decision following an initial
review by a private child welfare agency. An appeal of a
decision concerning a change in the placement of a child
shall be conducted in an expedited manner.
(p) There is hereby created the Department of Children
and Family Services Emergency Assistance Fund from which the
Department may provide special financial assistance to
families which are in economic crisis when such assistance is
not available through other public or private sources and the
assistance is deemed necessary to prevent dissolution of the
family unit or to reunite families which have been separated
due to child abuse and neglect. The Department shall
establish administrative rules specifying the criteria for
determining eligibility for and the amount and nature of
assistance to be provided. The Department may also enter
into written agreements with private and public social
service agencies to provide emergency financial services to
families referred by the Department. Special financial
assistance payments shall be available to a family no more
than once during each fiscal year and the total payments to a
family may not exceed $500 during a fiscal year.
(q) The Department may receive and use, in their
entirety, for the benefit of children any gift, donation or
bequest of money or other property which is received on
behalf of such children, or any financial benefits to which
such children are or may become entitled while under the
jurisdiction or care of the Department.
The Department shall set up and administer no-cost,
interest-bearing savings accounts in appropriate financial
institutions ("individual accounts") for children for whom
the Department is legally responsible and who have been
determined eligible for Veterans' Benefits, Social Security
benefits, assistance allotments from the armed forces, court
ordered payments, parental voluntary payments, Supplemental
Security Income, Railroad Retirement payments, Black Lung
benefits, or other miscellaneous payments. Interest earned
by each individual account shall be credited to the account,
unless disbursed in accordance with this subsection.
In disbursing funds from children's individual accounts,
the Department shall:
(1) Establish standards in accordance with State
and federal laws for disbursing money from children's
individual accounts. In all circumstances, the
Department's "Guardianship Administrator" or his or her
designee must approve disbursements from children's
individual accounts. The Department shall be responsible
for keeping complete records of all disbursements for
each individual account for any purpose.
(2) Calculate on a monthly basis the amounts paid
from State funds for the child's board and care, medical
care not covered under Medicaid, and social services; and
utilize funds from the child's individual account, as
covered by regulation, to reimburse those costs.
Monthly, disbursements from all children's individual
accounts, up to 1/12 of $13,000,000, shall be deposited
by the Department into the General Revenue Fund and the
balance over 1/12 of $13,000,000 into the DCFS Children's
Services Fund.
(3) Maintain any balance remaining after
reimbursing for the child's costs of care, as specified
in item (2). The balance shall accumulate in accordance
with relevant State and federal laws and shall be
disbursed to the child or his or her guardian, or to the
issuing agency.
(r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to
the Department or its agent names and addresses of all
persons who have applied for and have been approved for
adoption of a hard-to-place or handicapped child and the
names of such children who have not been placed for adoption.
A list of such names and addresses shall be maintained by the
Department or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and
of the child shall be made available, without charge, to
every adoption agency in the State to assist the agencies in
placing such children for adoption. The Department may
delegate to an agent its duty to maintain and make available
such lists. The Department shall ensure that such agent
maintains the confidentiality of the person seeking to adopt
the child and of the child.
(s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious
or negligent acts of foster children, as well as providing
third party coverage for such foster parents with regard to
actions of foster children to other individuals. Such
coverage will be secondary to the foster parent liability
insurance policy, if applicable. The program shall be funded
through appropriations from the General Revenue Fund,
specifically designated for such purposes.
(t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court
specifically directs the Department to perform such
services; and
(2) the court has ordered one or both of the
parties to the proceeding to reimburse the Department for
its reasonable costs for providing such services in
accordance with Department rules, or has determined that
neither party is financially able to pay.
The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court
order. The Department shall send to the court information
related to the costs incurred except in cases where the court
has determined the parties are financially unable to pay. The
court may order additional periodic reports as appropriate.
(u) Whenever the Department places a child in a licensed
foster home, group home, child care institution, or in a
relative home, the Department shall provide to the caretaker:
(1) available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical
card information), a history of the child's previous
placements, if any, and reasons for placement changes
excluding any information that identifies or reveals the
location of any previous caretaker;
(2) a copy of the child's portion of the client
service plan, including any visitation arrangement, and
all amendments or revisions to it as related to the
child; and
(3) information containing details of the child's
individualized educational plan when the child is
receiving special education services.
The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary
to care for and safeguard the child.
(u-5) Effective July 1, 1995, only foster care
placements licensed as foster family homes pursuant to the
Child Care Act of 1969 shall be eligible to receive foster
care payments from the Department. Relative caregivers who,
as of July 1, 1995, were approved pursuant to approved
relative placement rules previously promulgated by the
Department at 89 Ill. Adm. Code 335 and had submitted an
application for licensure as a foster family home may
continue to receive foster care payments only until the
Department determines that they may be licensed as a foster
family home or that their application for licensure is denied
or until September 30, 1995, whichever occurs first.
(v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the
adjudicatory and dispositional record system as defined in
subdivision (A)19 of Section 55a of the Civil Administrative
Code of Illinois if the Department 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. The Department
shall provide for interactive computerized communication and
processing equipment that permits direct on-line
communication with the Department of State Police's central
criminal history data repository. The Department shall
comply with all certification requirements and provide
certified operators who have been trained by personnel from
the Department of State Police. In addition, one Office of
the Inspector General investigator shall have training in the
use of the criminal history information access system and
have access to the terminal. The Department of Children and
Family Services and its employees shall abide by rules and
regulations established by the Department of State Police
relating to the access and dissemination of this information.
(w) Within 120 days of August 20, 1995 (the effective
date of Public Act 89-392), the Department shall prepare and
submit to the Governor and the General Assembly, a written
plan for the development of in-state licensed secure child
care facilities that care for children who are in need of
secure living arrangements for their health, safety, and
well-being. For purposes of this subsection, secure care
facility shall mean a facility that is designed and operated
to ensure that all entrances and exits from the facility, a
building or a distinct part of the building, are under the
exclusive control of the staff of the facility, whether or
not the child has the freedom of movement within the
perimeter of the facility, building, or distinct part of the
building. The plan shall include descriptions of the types
of facilities that are needed in Illinois; the cost of
developing these secure care facilities; the estimated number
of placements; the potential cost savings resulting from the
movement of children currently out-of-state who are projected
to be returned to Illinois; the necessary geographic
distribution of these facilities in Illinois; and a proposed
timetable for development of such facilities.
(Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
revised 10-20-97.)
(20 ILCS 505/17a-4) (from Ch. 23, par. 5017a-4)
Sec. 17a-4. Grants for community-based youth services;
Department of Human Services.
(a) The Department of Human Services shall make grants
for the purpose of planning, establishing, operating,
coordinating and evaluating programs aimed at reducing or
eliminating the involvement of youth in the child welfare or
juvenile justice systems. The programs shall include those
providing for more comprehensive and integrated
community-based youth services including Unified Delinquency
Intervention Services programs and for community services
programs. The Department may authorize advance disbursement
of funds for such youth services programs. When the
appropriation for "comprehensive community-based service to
youth" is equal to or exceeds $5,000,000, the Department
shall allocate the total amount of such appropriated funds in
the following manner:
(1) no more than 20% of the grant funds
appropriated shall be awarded by the Department for new
program development and innovation;
(2) not less than 80% of grant funds appropriated
shall be allocated to community-based 92community-based
youth services programs based upon population of youth
under 18 018 years of age and other demographic variables
defined by the Department of Human Services by rule,
which may include weighting for service priorities
relating to special needs identified in the annual plans
of the regional youth planning committees established
under this Act;
(3) if any amount so allocated under paragraph (2)
of this subsection (a) remains unobligated such funds
shall be reallocated in a manner equitable and consistent
with the purpose of paragraph (2) of this subsection (a);
and
(4) the local boards or local service systems shall
certify prior to receipt of grant funds from the
Department of Human Services that a 10% local public or
private financial or in-kind commitment is allocated to
supplement the State grant.
(b) Notwithstanding any provision in this Act or rules
promulgated under this Act to the contrary, unless expressly
prohibited by federal law or regulation, all individuals,
corporations, or other entities that provide medical or
mental health services, whether organized as for-profit or
not-for-profit entities, shall be eligible for consideration
by the Department of Human Services to participate in any
program funded or administered by the Department. This
subsection shall not apply to the receipt of federal funds
administered and transferred by the Department for services
when the federal government has specifically provided that
those funds may be received only by those entities organized
as not-for-profit entities.
(Source: P.A. 89-392, eff. 8-20-95; 89-507, eff. 7-1-97;
revised 3-10-97.)
(20 ILCS 505/21) (from Ch. 23, par. 5021)
Sec. 21. (a) To make such investigations as it may deem
necessary to the performance of its duties.
(b) In the course of any such investigation any
qualified person authorized by the Director may administer
oaths and secure by its subpoena both the attendance and
testimony of witnesses and the production of books and papers
relevant to such investigation. Any person who is served with
a subpoena by the Department to appear and testify or to
produce books and papers, in the course of an investigation
authorized by law, and who refuses or neglects to appear, or
to testify, or to produce books and papers relevant to such
investigation, as commanded in such subpoena, shall be guilty
of a Class B misdemeanor. The fees of witnesses for
attendance and travel shall be the same as the fees of
witnesses before the circuit courts of this State. Any
circuit court of this State, upon application of the
Department, may compel the attendance of witnesses, the
production of books and papers, and giving of testimony
before the Department or before any authorized officer or
employee thereof, by an attachment for contempt or otherwise,
in the same manner as production of evidence may be compelled
before such court. Every person who, having taken an oath or
made affirmation before the Department or any authorized
officer or employee thereof, shall willfully swear or affirm
falsely, shall be guilty of perjury and upon conviction shall
be punished accordingly.
(c) Investigations initiated under this Section shall
provide individuals due process of law, including the right
to a hearing, to cross-examine witnesses, to obtain relevant
documents, and to present evidence. Administrative findings
shall be subject to the provisions of the Administrative
Review Law.
(d) Beginning July 1, 1988, any child protective
investigator or supervisor or child welfare specialist or
supervisor employed by the Department on the effective date
of this amendatory Act of 1987 shall have completed a
training program which shall be instituted by the Department.
The training program shall include, but not be limited to,
the following: (1) training in the detection of symptoms of
child neglect and drug abuse; (2) specialized training for
dealing with families and children of drug abusers; and (3)
specific training in child development, family dynamics and
interview techniques. Such program shall conform to the
criteria and curriculum developed under Section 4 of the
Child Protective Investigator and Child Welfare Specialist
Certification Act of 1987. Failure to complete such training
due to lack of opportunity provided by the Department shall
in no way be grounds for any disciplinary or other action
against an investigator or a specialist.
The Department shall develop a continuous inservice staff
development program and evaluation system. Each child
protective investigator and supervisor and child welfare
specialist and supervisor shall participate in such program
and evaluation and shall complete a minimum of 20 hours of
inservice education and training every 2 years in order to
maintain certification.
Any child protective investigator or child protective
supervisor, or child welfare specialist or child welfare
specialist supervisor hired by the Department who begins his
actual employment after the effective date of this amendatory
Act of 1987, shall be certified pursuant to the Child
Protective Investigator and Child Welfare Specialist
Certification Act of 1987 before he begins such employment.
Nothing in this Act shall replace or diminish the rights of
employees under the Illinois Public Labor Relations Act, as
amended, or the National Labor Relations Act. In the event of
any conflict between either of those Acts, or any collective
bargaining agreement negotiated thereunder, and the
provisions of subsections (d) and (e), the former shall
prevail and control.
(e) The Department shall develop and implement the
following:
(1) A standardized standarized child endangerment
risk assessment protocol.
(2) Related training procedures.
(3) A standardized standarized method for
demonstration of proficiency in application of the
protocol.
(4) An evaluation of the reliability and validity
of the protocol.
All child protective investigators and supervisors and child
welfare specialists and supervisors employed by the
Department or its contractors shall be required, subsequent
to the availability of training under this Act, to
demonstrate proficiency in application of the protocol
previous to being permitted to make decisions about the
degree of risk posed to children for whom they are
responsible. The Department shall establish a
multi-disciplinary advisory committee composed of not more
than 15 members appointed by the Director, including but not
limited to representatives from the fields of child
development, domestic violence, family systems, juvenile
justice, law enforcement, health care, mental health,
substance abuse, and social service to advise the Department
and its related contractors in the development and
implementation of the child endangerment risk assessment
protocol, related training, method for demonstration of
proficiency in application of the protocol, and evaluation of
the reliability and validity of the protocol. The Department
shall develop the protocol, training curriculum, method for
demonstration of proficiency in application of the protocol
and method for evaluation of the reliability and validity of
the protocol by July 1, 1995. Training and demonstration of
proficiency in application of the child endangerment risk
assessment protocol for all child protective investigators
and supervisors and child welfare specialists and supervisors
shall be completed as soon as practicable, but no later than
January 1, 1996. The Department shall submit to the General
Assembly on or before May 1, 1996, and every year thereafter,
an annual report on the evaluation of the reliability and
validity of the child endangerment risk assessment protocol.
The Department shall contract with a not for profit
organization with demonstrated expertise in the field of
child endangerment risk assessment to assist in the
development and implementation of the child endangerment risk
assessment protocol, related training, method for
demonstration of proficiency in application of the protocol,
and evaluation of the reliability and validity of the
protocol.
(Source: P.A. 88-614, eff. 9-7-94; revised 7-21-97.)
Section 22. The Civil Administrative Code of Illinois is
amended by changing Sections 46.6c and 46.19j as follows:
(20 ILCS 605/46.6c) (from Ch. 127, par. 46.6c)
Sec. 46.6c. The Department may, subject to
appropriation, provide contractual funding from the Tourism
Promotion Fund for the administrative costs of not-for-profit
regional tourism development organizations that assist the
Department in developing tourism throughout a multi-county
geographical area designated by the Department. Regional
tourism development organizations receiving funds under this
Section may be required by the Department to submit to audits
of contracts awarded by the Department to determine whether
the regional tourism development organization has performed
all contractual obligations under those contracts. Every
employee of a regional tourism development organization
receiving funds under this Section shall disclose to its
governing board and to the Department any economic interest
that employee may have in any entity with which the regional
tourism development organization has contracted with or to
which the regional tourism development organization has
granted funds.
(Source: P.A. 90-26, eff. 7-1-97; revised 1-7-98.)
(20 ILCS 605/46.19j)
Sec. 46.19j. Job Training and Economic Development
Demonstration Grant Program.
(a) Legislative findings. The General Assembly finds
that:
(1) despite the large number of unemployed job
seekers, many employers are having difficulty matching
the skills they require with the skills of workers; a
similar problem exists in industries where overall
employment may not be expanding but there is an acute
need for skilled workers in particular occupations;
(2) the State of Illinois should foster local
economic development by linking the job training of
unemployed disadvantaged citizens with the workforce
needs of local business and industry; and
(3) employers often need assistance in developing
training resources that will provide work opportunities
for disadvantaged populations.
(b) Definitions. As used in this Act:
"Community based provider" means a not-for-profit
organization, with local boards of directors, that directly
provides job training services.
"Disadvantaged persons" has the same meaning as the term
is defined in Title II-A of the federal Job Training
Partnership Act.
"Training partners" means a community-based provider and
one or more employers who have established training and
placement linkages.
(c) From funds appropriated for that purpose, the
Department of Commerce and Community Affairs shall administer
a Job Training and Economic Development Demonstration Grant
Program. The Director shall make not less than 12 and not
more than 20 demonstration project grants to community-based
providers. The grants shall be made to support the
following:
(1) partnerships between community-based providers
and employers for the customized training of existing
low-skilled, low-wage employees and newly hired
disadvantaged persons; and
(2) partnerships between community-based providers
and employers to develop training programs that would
link the work force needs of local industry with the job
training of unemployed disadvantaged persons.
(d) For projects created under paragraph (1) of
subsection (c) (b):
(1) the Department shall give a priority to
projects that include an in-kind match by an employer in
partnership with a community-based provider and projects
that use instructional materials and training instructors
directly used in the specific industry sector of the
partnership employer; and
(2) the partnership employer must be an active
participant in the curriculum development, employ under
250 workers, and train primarily disadvantaged
populations.
(e) For projects created under paragraph (2) of
subsection (c) (b):
(1) community based organizations shall assess the
employment barriers and needs of local residents and work
in partnership with local economic development
organizations to identify the priority workforce needs of
the local industry;
(2) training partners, that is, community-based
organizations and employers, shall work together to
design programs with maximum benefits to local
disadvantaged persons and local employers;
(3) employers must be involved in identifying
specific skill-training needs, planning curriculum,
assisting in training activities, providing job
opportunities, and coordinating job retention for people
hired after training through this program and follow-up
support; and
(4) the community-based organizations shall serve
disadvantaged persons, including welfare recipients.
(f) The Department shall adopt rules for the grant
program and shall create a competitive application procedure
for those grants to be awarded beginning in fiscal year 1998.
(Source: P.A. 90-474, eff. 1-1-98; revised 1-7-98.)
Section 23. The Business Assistance and Regulatory
Reform Act is amended by changing Section 15 as follows:
(20 ILCS 608/15)
Sec. 15. Providing Information and Expediting Permit
Reviews.
(a) The office shall provide an information system using
a toll-free business assistance number. The number shall be
advertised throughout the State. If requested, the caller
will be sent a basic business kit, describing the basic
requirements and procedures for doing business in Illinois.
If requested, the caller shall be directed to one or more of
the additional services provided by the office. All persons
providing advice to callers on behalf of the office and all
persons responsible for directly providing services to
persons visiting the office or one of its branches shall be
persons with small business experience in an administrative
or managerial capacity.
(b) (Blank).
(c) Any applicant for permits required for a business
activity may confer with the office to obtain assistance in
the prompt and efficient processing and review of
applications. The office may designate an employee of the
office to act as a permit assistance manager to:
(1) facilitate contacts for the applicant with
responsible agencies;
(2) arrange conferences to clarify the requirements
of interested agencies;
(3) consider with State agencies the feasibility of
consolidating hearings and data required of the
applicant;
(4) assist the applicant in resolution of
outstanding issues identified by State agencies; and
(5) coordinate federal, State and local regulatory
procedures and permit review actions to the extent
possible.
(d) The office shall publish a directory of State
business permits and State programs to assist small
businesses.
(e) The office shall attempt to establish agreements
with local governments to allow the office to provide
assistance to applicants for permits required by these local
governments.
(f) Interested State agencies shall, to the maximum
extent feasible, establish procedures to expedite
applications for infrastructure projects. Applications for
permits for infrastructure projects shall be approved or
disapproved within 45 days of submission, unless law or
regulations specify a different period. If the interested
agency is unable to act within that period, the agency shall
provide a written notification to the office specifying
reasons for its inability to act and the date by which
approval or disapproval shall be determined. The office may
require any interested State agency to designate an employee
who will coordinate the handling of permits in that area.
(g) In addition to its responsibilities in connection
with permit assistance, the office shall provide general
regulatory information by directing businesses to appropriate
officers in State agencies to supply the information
requested.
(h) The office shall help businesses to locate and apply
to training programs available to train current employees in
particular skills, techniques or areas of knowledge relevant
to the employees' present or anticipated job duties. In
pursuit of this objective, the office shall provide
businesses with pertinent information about training programs
offered by State agencies, units of local government, public
universities and colleges, community colleges, and school
districts in Illinois.
(i) The office shall help businesses to locate and apply
to State programs offering to businesses grants, loans, loan
or bond guarantees, investment partnerships, technology or
productivity consultation, or other forms of business
assistance.
(j) To the extent authorized by federal law, the office
shall assist businesses in ascertaining and complying with
the requirements of the federal Americans with Disabilities
Act.
(k) The office shall provide confidential on-site
assistance in identifying problems and solutions in
compliance with requirements of the federal Occupational
Safety and Health Administration and other State and federal
environmental regulations. The office shall work through and
contract with the Waste Management and Research Center to
provide confidential on-site consultation audits that (i)
assist regulatory compliance and (ii) identify pollution
prevention opportunities.
(l) The office shall provide information on existing
loan and business assistance programs provided by the State.
(m) Each State agency having jurisdiction to approve or
deny a permit shall have the continuing power heretofore or
hereafter vested in it to make such determinations. The
provisions of this Act shall not lessen or reduce such powers
and shall modify the procedures followed in carrying out such
powers only to the extent provided in this Act.
(n) (1) Each State agency shall fully cooperate with the
office in providing information, documentation, personnel or
facilities requested by the office.
(2) Each State agency having jurisdiction of any permit
to which the master application procedure is applicable shall
designate an employee to act as permit liaison office with
the office in carrying out the provisions of this Act.
(o) (1) The office has authority, but is not required,
to keep and analyze appropriate statistical data regarding
the number of permits issued by State agencies, the amount of
time necessary for the permits to be issued, the cost of
obtaining such permits, the types of projects for which
specific permits are issued, a geographic distribution of
permits, and other pertinent data the office deems
appropriate.
The office shall make such data and any analysis of the
data available to the public.
(2) The office has authority, but is not required, to
conduct or cause to be conducted a thorough review of any
agency's permit requirements and the need by the State to
require such permits. The office shall draw on the review,
on its direct experience, and on its statistical analyses to
prepare recommendations regarding how to:
(i) eliminate unnecessary or antiquated permit
requirements;
(ii) consolidate duplicative or overlapping permit
requirements;
(iii) simplify overly complex or lengthy
application procedures;
(iv) expedite time-consuming agency review and
approval procedures; or
(v) otherwise improve the permitting processes in
the State.
The office shall submit copies of all recommendations
within 5 days of issuance to the affected agency, the
Governor, the General Assembly, and the Joint Committee on
Administrative Rules.
(p) The office has authority to review State forms on
its own initiative or upon the request of another State
agency to ascertain the burden, if any, of complying with
those forms. If the office determines that a form is unduly
burdensome to business, it may recommend to the agency
issuing the form either that the form be eliminated or that
specific changes be made in the form.
(q) Not later than March 1 of each year, beginning March
1, 1995, the office shall submit an annual report of its
activities during the preceding year to the Governor and
General Assembly. The report shall describe the activities
of the office during the preceding year and shall contain
statistical information on the permit assistance activities
of the office.
(Source: P.A. 90-454, eff. 8-16-97; 90-490, eff. 8-17-97;
revised 11-13-97.)
Section 24. The Illinois Promotion Act is amended by
changing Section 4a as follows:
(20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
Sec. 4a. Funds.
(1) As soon as possible after the first day of each
month, beginning July 1, 1978 and ending June 30, 1997, upon
certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to a special fund in the State
Treasury, to be known as the "Tourism Promotion Fund", an
amount equal to 10% of the net revenue realized from "The
Hotel Operators' Occupation Tax Act", as now or hereafter
amended, plus an amount equal to 10% of the net revenue
realized from any tax imposed under Section 4.05 of the
Chicago World's Fair - 1992 Authority Act, as now or
hereafter amended, during the preceding month. Net revenue
realized for a month shall be the revenue collected by the
State pursuant to that Act during the previous month less the
amount paid out during that same month as refunds to
taxpayers for overpayment of liability under that Act.
All moneys deposited in the Tourism Promotion Fund
pursuant to this subsection are allocated to the Department
for utilization, as appropriated, in the performance of its
powers under Section 4.
As soon as possible after the first day of each month,
beginning July 1, 1997, upon certification of the Department
of Revenue, the Comptroller shall order transferred and the
Treasurer shall transfer from the General Revenue Fund to the
Tourism Promotion Fund an amount equal to 13% of the net
revenue realized from the Hotel Operators' Occupation Tax Act
plus an amount equal to 13% of the net revenue realized from
any tax imposed under Section 4.05 of the Chicago World's
Fair-1992 Authority Act during the preceding month. "Net
revenue realized for a month" means the revenue collected by
the State under that Act during the previous month less the
amount paid out during that same month as refunds to
taxpayers for overpayment of liability under that Act.
(1.1) (Blank).
(2) (Blank). As soon as possible after the first day of
each month, beginning July 1, 1997, upon certification of the
Department of Revenue, the Comptroller shall order
transferred and the Treasurer shall transfer from the General
Revenue Fund to the Tourism Promotion Fund an amount equal to
8% of the net revenue realized from the Hotel Operators'
Occupation Tax plus an amount equal to 8% of the net revenue
realized from any tax imposed under Section 4.05 of the
Chicago World's Fair-1992 Authority Act during the preceding
month. "Net revenue realized for a month" means the revenue
collected by the State under that Act during the previous
month less the amount paid out during that same month as
refunds to taxpayers for overpayment of liability under that
Act.
All monies deposited in the Tourism Promotion Fund under
this subsection (2) shall be used solely as provided in this
subsection to advertise and promote tourism throughout
Illinois. Appropriations of monies deposited in the Tourism
Promotion Fund pursuant to this subsection (2) shall be used
solely for advertising to promote tourism, including but not
limited to advertising production and direct advertisement
costs, but shall not be used to employ any additional staff,
finance any individual event, or lease, rent or purchase any
physical facilities. The Department shall coordinate its
advertising under this subsection (2) with other public and
private entities in the State engaged in similar promotion
activities. Print or electronic media production made
pursuant to this subsection (2) for advertising promotion
shall not contain or include the physical appearance of or
reference to the name or position of any public officer.
"Public officer" means a person who is elected to office
pursuant to statute, or who is appointed to an office which
is established, and the qualifications and duties of which
are prescribed, by statute, to discharge a public duty for
the State or any of its political subdivisions.
(3) Subject to appropriation, moneys shall be
transferred from the Tourism Promotion Fund into the Grape
and Wine Resources Fund pursuant to Article XII of the Liquor
Control Act of 1934 and shall be used by the Department in
accordance with the provisions of that Article.
(Source: P.A. 90-26, eff. 7-1-97; 90-77, eff. 7-8-97; revised
7-31-97.)
Section 25. The Civil Administrative Code of Illinois is
amended by changing Section 63a21.1 as follows:
(20 ILCS 805/63a21.1) (from Ch. 127, par. 63a21.1)
Sec. 63a21.1. Fees. To assess appropriate and reasonable
fees for the use of concession type facilities as well as
other facilities and sites under the jurisdiction of the
Department of Natural Resources. The Department may
regulate, by rule, the fees to be charged. The income
collected shall be deposited in the State Parks Park Fund or
Wildlife and Fish Fund depending on the classification of the
State managed facility involved.
(Source: P.A. 88-91; 89-445, eff. 2-7-96; revised 3-28-97.)
Section 26. The Energy Conservation and Coal Development
Act is amended by changing Section 16 as follows:
(20 ILCS 1105/16) (from Ch. 96 1/2, par. 7415)
(Section scheduled to be repealed on July 1, 1998)
Sec. 16. Battery Task Force.
(a) Within the Department is created a Battery Task
Force to be comprised of (i) the Director of the Department
who shall serve as chair of the Task Force; (ii) the Director
of the Environmental Protection Agency; (iii) the Director
of the Waste Management and Research Center; and (iv) 15
persons who shall be appointed by the Director of the
Department, including 2 persons representing an environmental
organization, 2 persons representing the battery cell
industry, 2 persons representing the rechargeable powered
tool/device industry, 3 representatives from local government
with residential recycling programs (including one from a
municipality with more than a million people), one person
representing the retail industry, one person representing a
consumer group, 2 persons representing the waste management
industry, one person representing a recycling firm, and one
person representing a citizens' group active in local solid
waste issues.
(b) The Task Force shall prepare a report of its
findings and recommendations and shall present the report to
the Governor and the General Assembly on or before April 1,
1993. Among other things, the Task Force shall evaluate:
(1) collection, storage, and processing systems for
the recycling and proper management of common household
batteries and rechargeable battery products generated by
consumers, businesses, institutions, and governmental
units;
(2) public education programs that promote waste
reduction, reuse, and recycling strategies for household
batteries;
(3) disposal bans on specific household batteries
or rechargeable battery products;
(4) management options for rechargeable tools and
appliances;
(5) technical and financial assistance programs for
local governments;
(6) guidelines and regulations for the storage,
transportation, and disposal of household batteries;
(7) labeling requirements for household batteries
and battery packaging;
(8) metal content limits and sale restrictions for
carbon-zinc, nickel-cadmium, and button batteries;
(9) market development options for materials
recovered from household batteries;
(10) industry waste reduction developments,
including substitution of longer-life, rechargeable and
recyclable batteries, substitution of alternative
products which do not require batteries, increased use of
power-source adapters, and use of replaceable batteries
in battery-powered appliances; and
(11) the feasibility of reverse distribution of
batteries.
The Task Force shall review, evaluate, and compare
existing battery management and collection systems and
studies including those used from other states, the European
Community, and other major industrial nations. The Task Force
shall consult with manufacturers and the public to determine
the most cost effective and efficient means for battery
management.
This Section is repealed July 1, 1998.
(Source: P.A. 90-372, eff. 7-1-98; 90-490, eff. 8-17-97;
revised 11-17-97.)
Section 27. The Energy Conservation Act is amended by
changing Section 3 as follows:
(20 ILCS 1115/3) (from Ch. 96 1/2, par. 7603)
Sec. 3. Definitions. As used in this Act:
"HVAC" means a system that provides comfort, heating or
air-conditioning within or associated with a building.
"Lighting efficiency standards" means practices or
regulations which would conserve the energy needed to light
new public buildings.
"Thermal efficiency standards" means regulations or
practices which would conserve energy by affecting the
exterior envelope physical characteristics, HVAC system
selection and configuration, HVAC system performance and
service water heating design and equipment selection for all
new and renovated buildings.
"Unit of local government" means a county, municipality,
township, special district, school district, and a unit
designated as a unit of local government by law, which
exercises limited governmental power or powers in respect to
limited governmental subjects.
(Source: P.A. 81-357; revised 12-18-97.)
Section 28. The Mental Health and Developmental
Disabilities Administrative Act is amended by setting forth
and renumbering multiple versions of Section 69 as follows:
(20 ILCS 1705/69)
Sec. 69. Joint planning by the Department of Human
Services and the Department of Children and Family Services.
The purpose of this Section is to mandate that joint planning
occur between the Department of Children and Family Services
and the Department of Human Services to ensure that the 2
agencies coordinate their activities and effectively work
together to provide wards with developmental disabilities for
whom the Department of Children and Family Services is
legally responsible a smooth transition to adult living upon
reaching the age of 21. The Department of Children and
Family Services and the Department of Human Services shall
execute an interagency agreement by January 1, 1998 that
outlines the terms of the coordination process. The
Departments shall consult with private providers of services
to children in formulating the interagency agreement.
(Source: P.A. 90-512, eff. 8-22-97.)
(20 ILCS 1705/70)
Sec. 70. 69. Monitoring by closed circuit television.
The Department of Human Services as successor to the
Department of Mental Health and Developmental Disabilities
may install closed circuit televisions in quiet rooms in
institutions supervised or operated by the Department to
monitor patients in those quiet rooms. Nothing in this
Section shall be construed to supersede or interfere with any
current provisions in the Mental Health and Developmental
Disabilities Code concerning the observation and monitoring
of patients.
(Source: P.A. 90-444, eff. 8-16-97; revised 11-19-97.)
Section 29. The Illinois Health Finance Reform Act is
amended by changing Section 4-4 as follows:
(20 ILCS 2215/4-4) (from Ch. 111 1/2, par. 6504-4)
Sec. 4-4. (a) Hospitals shall make available to
prospective patients information on the normal charge
incurred for any procedure or operation the prospective
patient is considering.
(b) The Council shall require hospitals to post in
letters no more than one inch in height the established
charges for services, where applicable, including but not
limited to, the hospital's hospitals private room charge,
semi-private room charge, charge for a room rooms with 3 or
more beds charge, intensive care room charges, emergency room
charge, operating room charge, electrocardiogram
electrocardiagram charge, anesthesia charge, chest x-ray
charge, blood sugar charge, blood chemistry charge, tissue
exam charge, blood typing charge and Rh factor charge. The
definitions of each charge to be posted shall be determined
by the Council.
(Source: P.A. 84-325; revised 8-7-97.)
Section 30. The Civil Administrative Code of Illinois is
amended by setting forth and renumbering multiple versions of
Sections 55.84 and 55.85 as follows:
(20 ILCS 2310/55.84)
Sec. 55.84. Breast feeding; public information campaign.
The Department of Public Health may conduct an information
campaign for the general public to promote breast feeding of
infants by their mothers. The Department may include the
information in a brochure prepared under Section 55.64 or in
a brochure that shares other information with the general
public and is distributed free of charge. If the Department
includes the information required under this Section in a
brochure authorized or required under another provision of
law, the Department may continue to use existing stocks of
that brochure before adding the information required under
this Section but shall add that information in the next
printing of the brochure. The information required under
this Section may be distributed to the parents or legal
custodians of each newborn upon discharge of the infant from
a hospital or other health care facility.
(Source: P.A. 90-244, eff. 1-1-98.)
(20 ILCS 2310/55.85)
Sec. 55.85. Grants from the Mental Health Research Fund.
From funds appropriated from the Mental Health Research Fund,
the Department of Human Services shall award grants to
organizations in Illinois, for the purpose of research of
mental illness.
(Source: P.A. 90-171, eff. 7-23-97.)
(20 ILCS 2310/55.87)
Sec. 55.87. 55.84. Advisory committee concerning
construction of facilities. The Director of Public Health
shall appoint an advisory committee which committee shall be
established by the Department by rule. The Director and the
Department shall consult with the advisory committee
concerning the application of building codes and Department
rules related to those building codes to facilities under the
Ambulatory Surgical Treatment Center Act, the Nursing Home
Care Act, and the Hospital Licensing Act.
(Source: P.A. 90-327, eff. 8-8-97; revised 10-17-97.)
(20 ILCS 2310/55.88)
Sec. 55.88. 55.85. Facility construction training
program. The Department shall conduct, at least annually, a
joint in-service training program for architects, engineers,
interior designers, and other persons involved in the
construction of a facility under the Ambulatory Surgical
Treatment Center Act, the Nursing Home Care Act, or the
Hospital Licensing Act on problems and issues relating to the
construction of facilities under any of those Acts.
(Source: P.A. 90-327, eff. 8-8-97; revised 10-17-97.)
Section 31. The Domestic Abuse of Disabled Adults
Intervention Act is amended by changing Section 45 as
follows:
(20 ILCS 2435/45) (from Ch. 23, par. 3395-45)
Sec. 45. Consent.
(a) If the Domestic Abuse Project has received a report
of alleged or suspected abuse, neglect, or exploitation with
regard to an adult disabled person who lacks the capacity to
consent to an assessment or to services, the Domestic Abuse
Project may seek, directly or through another agency, the
appointment of a temporary or permanent guardian as provided
in Article XIa of the Probate Act of 1975 or other relief as
provided under the Illinois Domestic Violence Act of 1986.
(b) A guardian of the person of an adult disabled person
who is abused, neglected, or exploited by another individual
in a domestic living situation may consent to an assessment
or to services being provided pursuant to the service plan.
If the guardian is alleged to be the perpetrator of the
abuse, neglect, or exploitation, the Domestic Abuse Project
shall seek the appointment of a temporary guardian pursuant
to Section 213.3 231.3 of the Illinois Domestic Violence Act
of 1986. If a guardian withdraws his consent or refuses to
allow an assessment or services to be provided to the adult,
the Domestic Abuse Project may request an order of protection
under the Illinois Domestic Violence Act of 1986 seeking
appropriate remedies, and may in addition request removal of
the guardian and appointment of a successor guardian.
(c) For the purposes of this Section only, "lacks the
capacity to consent" shall mean that the adult disabled
person reasonably appears to be unable by reason of physical
or mental condition to receive and evaluate information
related to the assessment or services, or to communicate
decisions related to the assessment or services in the
manner in which the person communicates.
(Source: P.A. 87-658; revised 12-18-97.)
Section 32. The Civil Administrative Code of Illinois is
amended by changing Section 55a as follows:
(20 ILCS 2605/55a) (from Ch. 127, par. 55a)
Sec. 55a. Powers and duties.
(A) The Department of State Police shall have the
following powers and duties, and those set forth in Sections
55a-1 through 55c:
1. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Act.
2. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Radio Act.
3. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Criminal Identification Act.
4. To (a) investigate the origins, activities, personnel
and incidents of crime and the ways and means to redress the
victims of crimes, and study the impact, if any, of
legislation relative to the effusion of crime and growing
crime rates, and enforce the criminal laws of this State
related thereto, (b) enforce all laws regulating the
production, sale, prescribing, manufacturing, administering,
transporting, having in possession, dispensing, delivering,
distributing, or use of controlled substances and cannabis,
(c) employ skilled experts, scientists, technicians,
investigators or otherwise specially qualified persons to aid
in preventing or detecting crime, apprehending criminals, or
preparing and presenting evidence of violations of the
criminal laws of the State, (d) cooperate with the police of
cities, villages and incorporated towns, and with the police
officers of any county, in enforcing the laws of the State
and in making arrests and recovering property, (e) apprehend
and deliver up any person charged in this State or any other
State of the United States with treason, felony, or other
crime, who has fled from justice and is found in this State,
and (f) conduct such other investigations as may be provided
by law. Persons exercising these powers within the Department
are conservators of the peace and as such have all the powers
possessed by policemen in cities and sheriffs, except that
they may exercise such powers anywhere in the State in
cooperation with and after contact with the local law
enforcement officials. Such persons may use false or
fictitious names in the performance of their duties under
this paragraph, upon approval of the Director, and shall not
be subject to prosecution under the criminal laws for such
use.
5. To: (a) be a central repository and custodian of
criminal statistics for the State, (b) be a central
repository for criminal history record information, (c)
procure and file for record such information as is necessary
and helpful to plan programs of crime prevention, law
enforcement and criminal justice, (d) procure and file for
record such copies of fingerprints, as may be required by
law, (e) establish general and field crime laboratories, (f)
register and file for record such information as may be
required by law for the issuance of firearm owner's
identification cards, (g) employ polygraph operators,
laboratory technicians and other specially qualified persons
to aid in the identification of criminal activity, and (h)
undertake such other identification, information, laboratory,
statistical or registration activities as may be required by
law.
6. To (a) acquire and operate one or more radio
broadcasting stations in the State to be used for police
purposes, (b) operate a statewide communications network to
gather and disseminate information for law enforcement
agencies, (c) operate an electronic data processing and
computer center for the storage and retrieval of data
pertaining to criminal activity, and (d) undertake such other
communication activities as may be required by law.
7. To provide, as may be required by law, assistance to
local law enforcement agencies through (a) training,
management and consultant services for local law enforcement
agencies, and (b) the pursuit of research and the publication
of studies pertaining to local law enforcement activities.
8. To exercise the rights, powers and duties which have
been vested in the Department of State Police and the
Director of the Department of State Police by the Narcotic
Control Division Abolition Act.
9. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Illinois Vehicle Code.
10. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the Firearm
Owners Identification Card Act.
11. To enforce and administer such other laws in
relation to law enforcement as may be vested in the
Department.
12. To transfer jurisdiction of any realty title to
which is held by the State of Illinois under the control of
the Department to any other department of the State
government or to the State Employees Housing Commission, or
to acquire or accept Federal land, when such transfer,
acquisition or acceptance is advantageous to the State and is
approved in writing by the Governor.
13. With the written approval of the Governor, to enter
into agreements with other departments created by this Act,
for the furlough of inmates of the penitentiary to such other
departments for their use in research programs being
conducted by them.
For the purpose of participating in such research
projects, the Department may extend the limits of any
inmate's place of confinement, when there is reasonable cause
to believe that the inmate will honor his or her trust by
authorizing the inmate, under prescribed conditions, to leave
the confines of the place unaccompanied by a custodial agent
of the Department. The Department shall make rules governing
the transfer of the inmate to the requesting other department
having the approved research project, and the return of such
inmate to the unextended confines of the penitentiary. Such
transfer shall be made only with the consent of the inmate.
The willful failure of a prisoner to remain within the
extended limits of his or her confinement or to return within
the time or manner prescribed to the place of confinement
designated by the Department in granting such extension shall
be deemed an escape from custody of the Department and
punishable as provided in Section 3-6-4 of the Unified Code
of Corrections.
14. To provide investigative services, with all of the
powers possessed by policemen in cities and sheriffs, in and
around all race tracks subject to the Horse Racing Act of
1975.
15. To expend such sums as the Director deems necessary
from Contractual Services appropriations for the Division of
Criminal Investigation for the purchase of evidence and for
the employment of persons to obtain evidence. Such sums shall
be advanced to agents authorized by the Director to expend
funds, on vouchers signed by the Director.
16. To assist victims and witnesses in gang crime
prosecutions through the administration of funds appropriated
from the Gang Violence Victims and Witnesses Fund to the
Department. Such funds shall be appropriated to the
Department and shall only be used to assist victims and
witnesses in gang crime prosecutions and such assistance may
include any of the following:
(a) temporary living costs;
(b) moving expenses;
(c) closing costs on the sale of private residence;
(d) first month's rent;
(e) security deposits;
(f) apartment location assistance;
(g) other expenses which the Department considers
appropriate; and
(h) compensation for any loss of or injury to real
or personal property resulting from a gang crime to a
maximum of $5,000, subject to the following provisions:
(1) in the case of loss of property, the
amount of compensation shall be measured by the
replacement cost of similar or like property which
has been incurred by and which is substantiated by
the property owner,
(2) in the case of injury to property, the
amount of compensation shall be measured by the cost
of repair incurred and which can be substantiated by
the property owner,
(3) compensation under this provision is a
secondary source of compensation and shall be
reduced by any amount the property owner receives
from any other source as compensation for the loss
or injury, including, but not limited to, personal
insurance coverage,
(4) no compensation may be awarded if the
property owner was an offender or an accomplice of
the offender, or if the award would unjustly benefit
the offender or offenders, or an accomplice of the
offender or offenders.
No victim or witness may receive such assistance if he or
she is not a part of or fails to fully cooperate in the
prosecution of gang crime members by law enforcement
authorities.
The Department shall promulgate any rules necessary for
the implementation of this amendatory Act of 1985.
17. To conduct arson investigations.
18. To develop a separate statewide statistical police
contact record keeping system for the study of juvenile
delinquency. The records of this police contact system shall
be limited to statistical information. No individually
identifiable information shall be maintained in the police
contact statistical record system.
19. To develop a separate statewide central adjudicatory
and dispositional records system for persons under 19 years
of age who have been adjudicated delinquent minors and to
make information available to local registered participating
police youth officers so that police youth officers will be
able to obtain rapid access to the juvenile's background from
other jurisdictions to the end that the police youth officers
can make appropriate dispositions which will best serve the
interest of the child and the community. Information
maintained in the adjudicatory and dispositional record
system shall be limited to the incidents or offenses for
which the minor was adjudicated delinquent by a court, and a
copy of the court's dispositional order. All individually
identifiable records in the adjudicatory and dispositional
records system shall be destroyed when the person reaches 19
years of age.
20. To develop rules which guarantee the confidentiality
of such individually identifiable adjudicatory and
dispositional records except when used for the following:
(a) by authorized juvenile court personnel or the
State's Attorney in connection with proceedings under the
Juvenile Court Act of 1987; or
(b) inquiries from registered police youth
officers.
For the purposes of this Act "police youth officer" means
a member of a duly organized State, county or municipal
police force who is assigned by his or her Superintendent,
Sheriff or chief of police, as the case may be, to specialize
in youth problems.
21. To develop administrative rules and administrative
hearing procedures which allow a minor, his or her attorney,
and his or her parents or guardian access to individually
identifiable adjudicatory and dispositional records for the
purpose of determining or challenging the accuracy of the
records. Final administrative decisions shall be subject to
the provisions of the Administrative Review Law.
22. To charge, collect, and receive fees or moneys
equivalent to the cost of providing Department of State
Police personnel, equipment, and services to local
governmental agencies when explicitly requested by a local
governmental agency and pursuant to an intergovernmental
agreement as provided by this Section, other State agencies,
and federal agencies, including but not limited to fees or
moneys equivalent to the cost of providing dispatching
services, radio and radar repair, and training to local
governmental agencies on such terms and conditions as in the
judgment of the Director are in the best interest of the
State; and to establish, charge, collect and receive fees or
moneys based on the cost of providing responses to requests
for criminal history record information pursuant to positive
identification and any Illinois or federal law authorizing
access to some aspect of such information and to prescribe
the form and manner for requesting and furnishing such
information to the requestor on such terms and conditions as
in the judgment of the Director are in the best interest of
the State, provided fees for requesting and furnishing
criminal history record information may be waived for
requests in the due administration of the criminal laws. The
Department may also charge, collect and receive fees or
moneys equivalent to the cost of providing electronic data
processing lines or related telecommunication services to
local governments, but only when such services can be
provided by the Department at a cost less than that
experienced by said local governments through other means.
All services provided by the Department shall be conducted
pursuant to contracts in accordance with the
Intergovernmental Cooperation Act, and all telecommunication
services shall be provided pursuant to the provisions of
Section 67.18 of this Code.
All fees received by the Department of State Police under
this Act or the Illinois Uniform Conviction Information Act
shall be deposited in a special fund in the State Treasury to
be known as the State Police Services Fund. The money
deposited in the State Police Services Fund shall be
appropriated to the Department of State Police for expenses
of the Department of State Police.
Upon the completion of any audit of the Department of
State Police as prescribed by the Illinois State Auditing
Act, which audit includes an audit of the State Police
Services Fund, the Department of State Police shall make the
audit open to inspection by any interested person.
23. To exercise the powers and perform the duties which
have been vested in the Department of State Police by the
Intergovernmental Missing Child Recovery Act of 1984, and to
establish reasonable rules and regulations necessitated
thereby.
24. (a) To establish and maintain a statewide Law
Enforcement Agencies Data System (LEADS) for the purpose of
providing electronic access by authorized entities to
criminal justice data repositories and effecting an immediate
law enforcement response to reports of missing persons,
including lost, missing or runaway minors. The Department
shall implement an automatic data exchange system to compile,
to maintain and to make available to other law enforcement
agencies for immediate dissemination data which can assist
appropriate agencies in recovering missing persons and
provide access by authorized entities to various data
repositories available through LEADS for criminal justice and
related purposes. To help assist the Department in this
effort, funds may be appropriated from the LEADS Maintenance
Fund.
(b) In exercising its duties under this subsection, the
Department shall:
(1) provide a uniform reporting format for the
entry of pertinent information regarding the report of a
missing person into LEADS;
(2) develop and implement a policy whereby a
statewide or regional alert would be used in situations
relating to the disappearances of individuals, based on
criteria and in a format established by the Department.
Such a format shall include, but not be limited to, the
age of the missing person and the suspected circumstance
of the disappearance;
(3) notify all law enforcement agencies that
reports of missing persons shall be entered as soon as
the minimum level of data specified by the Department is
available to the reporting agency, and that no waiting
period for the entry of such data exists;
(4) compile and retain information regarding lost,
abducted, missing or runaway minors in a separate data
file, in a manner that allows such information to be used
by law enforcement and other agencies deemed appropriate
by the Director, for investigative purposes. Such
information shall include the disposition of all reported
lost, abducted, missing or runaway minor cases;
(5) compile and maintain an historic data
repository relating to lost, abducted, missing or runaway
minors and other missing persons in order to develop and
improve techniques utilized by law enforcement agencies
when responding to reports of missing persons; and
(6) create a quality control program regarding
confirmation of missing person data, timeliness of
entries of missing person reports into LEADS and
performance audits of all entering agencies.
25. On request of a school board or regional
superintendent of schools, to conduct an inquiry pursuant to
Section 10-21.9 or 34-18.5 of the School Code to ascertain if
an applicant for employment in a school district has been
convicted of any criminal or drug offenses enumerated in
Section 10-21.9 or 34-18.5 of the School Code. The
Department shall furnish such conviction information to the
President of the school board of the school district which
has requested the information, or if the information was
requested by the regional superintendent to that regional
superintendent.
26. To promulgate rules and regulations necessary for
the administration and enforcement of its powers and duties,
wherever granted and imposed, pursuant to the Illinois
Administrative Procedure Act.
27. To (a) promulgate rules pertaining to the
certification, revocation of certification and training of
law enforcement officers as electronic criminal surveillance
officers, (b) provide training and technical assistance to
State's Attorneys and local law enforcement agencies
pertaining to the interception of private oral
communications, (c) promulgate rules necessary for the
administration of Article 108B of the Code of Criminal
Procedure of 1963, including but not limited to standards for
recording and minimization of electronic criminal
surveillance intercepts, documentation required to be
maintained during an intercept, procedures in relation to
evidence developed by an intercept, and (d) charge a
reasonable fee to each law enforcement agency that sends
officers to receive training as electronic criminal
surveillance officers.
28. Upon the request of any private organization which
devotes a major portion of its time to the provision of
recreational, social, educational or child safety services to
children, to conduct, pursuant to positive identification,
criminal background investigations of all of that
organization's current employees, current volunteers,
prospective employees or prospective volunteers charged with
the care and custody of children during the provision of the
organization's services, and to report to the requesting
organization any record of convictions maintained in the
Department's files about such persons. The Department shall
charge an application fee, based on actual costs, for the
dissemination of conviction information pursuant to this
subsection. The Department is empowered to establish this
fee and shall prescribe the form and manner for requesting
and furnishing conviction information pursuant to this
subsection. Information received by the organization from the
Department concerning an individual shall be provided to such
individual. Any such information obtained by the
organization shall be confidential and may not be transmitted
outside the organization and may not be transmitted to anyone
within the organization except as needed for the purpose of
evaluating the individual. Only information and standards
which bear a reasonable and rational relation to the
performance of child care shall be used by the organization.
Any employee of the Department or any member, employee or
volunteer of the organization receiving confidential
information under this subsection who gives or causes to be
given any confidential information concerning any criminal
convictions of an individual shall be guilty of a Class A
misdemeanor unless release of such information is authorized
by this subsection.
29. Upon the request of the Department of Children and
Family Services, to investigate reports of child abuse or
neglect.
30. To obtain registration of a fictitious vital record
pursuant to Section 15.1 of the Vital Records Act.
31. To collect and disseminate information relating to
"hate crimes" as defined under Section 12-7.1 of the Criminal
Code of 1961 contingent upon the availability of State or
Federal funds to revise and upgrade the Illinois Uniform
Crime Reporting System. All law enforcement agencies shall
report monthly to the Department of State Police concerning
such offenses in such form and in such manner as may be
prescribed by rules and regulations adopted by the Department
of State Police. Such information shall be compiled by the
Department and be disseminated upon request to any local law
enforcement agency, unit of local government, or state
agency. Dissemination of such information shall be subject
to all confidentiality requirements otherwise imposed by law.
The Department of State Police shall provide training for
State Police officers in identifying, responding to, and
reporting all hate crimes. The Illinois Local Governmental
Law Enforcement Officer's Training Board shall develop and
certify a course of such training to be made available to
local law enforcement officers.
32. Upon the request of a private carrier company that
provides transportation under Section 28b of the Metropolitan
Transit Authority Act, to ascertain if an applicant for a
driver position has been convicted of any criminal or drug
offense enumerated in Section 28b of the Metropolitan Transit
Authority Act. The Department shall furnish the conviction
information to the private carrier company that requested the
information.
33. To apply for grants or contracts, receive, expend,
allocate, or disburse funds and moneys made available by
public or private entities, including, but not limited to,
contracts, bequests, grants, or receiving equipment from
corporations, foundations, or public or private institutions
of higher learning. All funds received by the Department
from these sources shall be deposited into the appropriate
fund in the State Treasury to be appropriated to the
Department for purposes as indicated by the grantor or
contractor or, in the case of funds or moneys bequeathed or
granted for no specific purpose, for any purpose as deemed
appropriate by the Director in administering the
responsibilities of the Department.
34. Upon the request of the Department of Children and
Family Services, the Department of State Police shall provide
properly designated employees of the Department of Children
and Family Services with criminal history record information
as defined in the Illinois Uniform Conviction Information Act
and information maintained in the adjudicatory and
dispositional record system as defined in subdivision (A)19
of this Section 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. The request shall be in the form and manner
specified by the Department of State Police.
35. The Illinois Department of Public Aid is an
authorized entity under this Section for the purpose of
obtaining access to various data repositories available
through LEADS, to facilitate the location of individuals for
establishing paternity, and establishing, modifying, and
enforcing child support obligations, pursuant to the Illinois
Public Aid Code and Title IV, Part D of the Social Security
Act. The Department shall enter into an agreement with the
Illinois Department of Public Aid consistent with these
purposes.
(B) The Department of State Police may establish and
maintain, within the Department of State Police, a Statewide
Organized Criminal Gang Database (SWORD) for the purpose of
tracking organized criminal gangs and their memberships.
Information in the database may include, but not be limited
to, the name, last known address, birth date, physical
descriptions (such as scars, marks, or tattoos), officer
safety information, organized gang affiliation, and entering
agency identifier. The Department may develop, in
consultation with the Criminal Justice Information Authority,
and in a form and manner prescribed by the Department, an
automated data exchange system to compile, to maintain, and
to make this information electronically available to
prosecutors and to other law enforcement agencies. The
information may be used by authorized agencies to combat the
operations of organized criminal gangs statewide.
(C) The Department of State Police may ascertain the
number of bilingual police officers and other personnel
needed to provide services in a language other than English
and may establish, under applicable personnel rules and
Department guidelines or through a collective bargaining
agreement, a bilingual pay supplement program.
35. The Illinois Department of Public Aid is an
authorized entity under this Section for the purpose of
obtaining access to various data repositories available
through LEADS, to facilitate the location of individuals for
establishing paternity, and establishing, modifying, and
enforcing child support obligations, pursuant to the Public
Aid Code and Title IV, Section D of the Social Security Act.
The Department shall enter into an agreement with the
Illinois Department of Public Aid consistent with these
purposes.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
Section 33. The Department of Veterans Affairs Act is
amended by changing Section 2 as follows:
(20 ILCS 2805/2) (from Ch. 126 1/2, par. 67)
Sec. 2. Powers and duties. The Department shall have
the following powers and duties:
To perform such acts at the request of any veteran, or
his or her spouse, surviving spouse or dependents as shall be
reasonably necessary or reasonably incident to obtaining or
endeavoring to obtain for the requester any advantage,
benefit or emolument accruing or due to such person under any
law of the United States, the State of Illinois or any other
state or governmental agency by reason of the service of such
veteran, and in pursuance thereof shall:
1. Contact veterans, their survivors and dependents
and advise them of the benefits of state and federal laws
and assist them in obtaining such benefits;
2. Establish field offices and direct the
activities of the personnel assigned to such offices;
3. Create a volunteer field force of accredited
representatives, representing educational institutions,
labor organizations, veterans organizations, employers,
churches, and farm organizations;
4. Conduct informational and training services;
5. Conduct educational programs through newspapers,
periodicals and radio for the specific purpose of
disseminating information affecting veterans and their
dependents;
6. Coordinate the services and activities of all
state departments having services and resources affecting
veterans and their dependents;
7. Encourage and assist in the coordination of
agencies within counties giving service to veterans and
their dependents;
8. Cooperate with veterans organizations and other
governmental agencies;
9. Make, alter, amend and promulgate reasonable
rules and procedures for the administration of this Act;
and
10. Make and publish annual reports to the Governor
regarding the administration and general operation of the
Department.
11. Encourage the State to implement more programs
to address the wide range of issues faced by Persian Gulf
War Veterans, especially those who took part in combat,
by creating an official commission to further study
Persian Gulf War Diseases. The commission shall consist
of 9 members appointed as follows: the Speaker and
Minority Leader of the House of Representatives and the
President and Minority Leader of the Senate shall each
appoint one member from the General Assembly, the
Governor shall appoint 4 members to represent veterans'
organizations, and the Department shall appoint one
member. The commission members shall serve without
compensation.
The Department may accept and hold on behalf of the
State, if for the public interest, a grant, gift, devise or
bequest of money or property to the Department made for the
general benefit of Illinois veterans, including the conduct
of informational and training services by the Department and
other authorized purposes of the Department. The Department
shall cause each grant, gift, devise or bequest to be kept as
a distinct fund and shall invest such funds in the manner
provided by the Public Funds Investment Act, as now or
hereafter amended, and shall make such reports as may be
required by the Comptroller concerning what funds are so held
and the manner in which such funds are invested. The
Department may make grants from these funds for the general
benefit of Illinois veterans. Grants from these funds,
except for the funds established under Sections 2.01a and
2.03, shall be subject to appropriation.
(Source: P.A. 90-142, eff. 1-1-98; 90-168, eff. 7-23-97;
revised 11-13-97.)
Section 34. The Capital Development Board Act is amended
by changing Section 14 as follows:
(20 ILCS 3105/14) (from Ch. 127, par. 783.01)
Sec. 14. (a) It is the purpose of this Act to provide
for the promotion and preservation of the arts by securing
suitable works of art for the adornment of public buildings
constructed or subjected to major renovation by the State or
which utilize State funds, and thereby reflecting our
cultural heritage, with emphasis on the works of Illinois
artists.
(b) As used in this Act: "Works of art" shall apply to
and include paintings, prints, sculptures, graphics, mural
decorations, stained glass, statues statutes, bas reliefs,
ornaments, fountains, ornamental gateways, or other creative
works which reflect form, beauty and aesthetic perceptions.
(c) Beginning with the fiscal year ending June 30, 1979,
and for each succeeding fiscal year thereafter, the Capital
Development Board shall set aside 1/2 of 1 percent of the
amount authorized and appropriated for construction or
reconstruction of each public building financed in whole or
in part by State funds and generally accessible to and used
by the public for purchase and placement of suitable works of
art in such public buildings. The location and character of
the work or works of art to be installed in such public
buildings shall be determined by the designing architect,
provided, however, that the work or works of art shall be in
a permanent and prominent location.
(d) There is created a Fine Arts Review Committee
consisting of the designing architect, the Chairman of the
Illinois Arts Council or his designee, the Director of the
Illinois State Museum or his designee, and three persons from
the area in which the project is to be located who are
familiar with the local area and are knowledgeable in matters
of art. Of the three local members, two shall be selected by
the County Board to the County in which the project is
located and one shall be selected by the Mayor or other chief
executive officer of the municipality in which the project is
located. The Committee, after such study as it deems
necessary, shall recommend three artists or works of art in
order of preference, to the Capital Development Board. The
Board will make the final selection from among the
recommendations submitted to it.
(e) There is created a Public Arts Advisory Committee
whose function is to advise the Capital Development Board and
the Fine Arts Review Committee on various technical and
aesthetic perceptions that may be utilized in the creation or
major renovation of public buildings. The Public Arts
Advisory Committee shall consist of 12 members who shall
serve for terms of 2 years ending on June 30 of odd numbered
years, except the first appointees to the Committee shall
serve for a term ending June 30, 1979. The Public Arts
Advisory Committee shall meet four times each fiscal year.
Four members shall be appointed by the Governor; four shall
be chosen by the Senate, two of whom shall be chosen by the
President, two by the minority leader; and four shall be
appointed by the House of Representatives, two of whom shall
be chosen by the Speaker and two by the minority leader.
There shall also be a Chairman who shall be chosen from the
committee members by the majority vote of that Committee.
(f) All necessary expenses of the Public Arts Advisory
Committee and the Fine Arts Review Committee shall be paid by
the Capital Development Board.
(Source: P.A. 80-241; revised 12-18-97.)
Section 35. The Illinois Health Facilities Authority Act
is amended by changing Section 17 as follows:
(20 ILCS 3705/17) (from Ch. 111 1/2, par. 1117)
Sec. 17. Refunding bonds.
(a) The Authority is authorized to provide for the
issuance of bonds of the Authority for the purpose of
refunding any bonds of the Authority then outstanding,
including the payment of any redemption premium thereon and
any interest accrued or to accrue to the earliest or any
subsequent date of redemption, purchase or maturity of os
such bonds, and, if deemed advisable by the Authority, for
the additional purpose of paying all or any part of the cost
of construction and acquiring additions, improvements,
extensions or enlargements of a project or any portion
thereof, or any health facilities of which it is a part;,
provided, however, that no such bonds shall be issued unless
the Authority shall have first entered into a new or amended
lease with, or shall have received a new or amended
agreement, note not, mortgage or other security from or on
behalf of, a participating health institution, which shall
provide for the payment of revenues adequate to satisfy the
requirements of Section 14 of this Act.
(b) The proceeds of any such bonds issued for the
purpose of refunding outstanding bonds, in the discretion of
the Authority, may be applied to the purchase or retirement
at maturity or redemption of such outstanding bonds either on
their earliest or any subsequent redemption date or upon the
purchase or at the maturity thereof, may be applied to pay
interest or principal on such refunding bonds or outstanding
bonds pending application to such purchase, retirement or
redemption or if no such application is made and may, pending
such application, be placed in escrow to be applied to such
purchase or retirement at maturity or redemption on such date
as may be determined by the Authority.
(c) Any such escrowed proceeds, pending such use, may be
invested and reinvested in direct obligations of, or
obligations, the principal and interest of which are
guaranteed by, the United States of America, in evidences of
a direct ownership interest in amounts payable upon any of
the foregoing obligations, in obligations issued or
guaranteed by any agency or instrumentality of the United
States of America, in certificates of deposit of, and time
deposits in, any bank as defined by the Illinois Banking Act,
as now or hereafter amended, which certificates and deposits
are insured by the Federal Deposit Insurance Corporation,
Federal Savings and Loan Insurance Corporation or similar
federal agency, if then in existence, or in such obligations
or investments as are provided in or permitted by a trust
agreement, trust indenture, indenture of mortgage or deed of
trust or other agreement to which the Authority is a party
and pursuant to which the outstanding bonds to be so refunded
were issued or secured, maturing at such time or times as
shall be appropriate to assure the prompt payment of the
principal of and interest and redemption premium, if any, on
the outstanding bonds to be so refunded or the bonds issued
to effect such refunding, as the case may be, or of the
purchase price thereof. The interest, income and profits, if
any, earned or realized on any such investment may also be
applied to such payment or purchase. Only after the terms of
the escrow have been fully satisfied and carried out, any
balance of such proceeds and interest, income and profits, if
any, earned or realized on the investments thereof shall be
returned to the participating health institution for use by
it in any lawful manner.
(d) All such bonds shall be subject to this Act in the
same manner and to the same extent as other bonds issued
pursuant to this Act.
(Source: P.A. 85-1173; revised 7-21-97.)
Section 36. The Correctional Budget and Impact Note Act
is amended by changing Section 5 as follows:
(25 ILCS 70/5) (from Ch. 63, par. 42.85)
Sec. 5. The note shall be factual in nature, as brief
and concise as may be, and shall provide as reliable an
estimate, in terms of population and dollar impact, as is
possible under the circumstances. The note shall include
both the immediate effect, and if determinable or reasonably
foreseeable forseeable, the long-range effect of the measure.
If, after careful investigation, it is determined that no
population or dollar estimate is possible, the note shall
contain a statement to that effect, setting forth the reasons
why no such estimate can be given. A brief summary or work
sheet of computations used in arriving at the Budget and
Impact Note figures shall be supplied.
(Source: P.A. 83-1031; revised 7-21-97.)
Section 37. The State Finance Act is amended by setting
forth and renumbering multiple versions of Sections 5.449,
5.450, and 5.451 and changing Section 8.25 as follows:
(30 ILCS 105/5.449)
Sec. 5.449. The Department of Corrections Education
Fund.
(Source: P.A. 90-9, eff. 7-1-97.)
(30 ILCS 105/5.450)
Sec. 5.450. The Department of Corrections Reimbursement
Fund.
(Source: P.A. 90-9, eff. 7-1-97.)
(30 ILCS 105/5.451)
Sec. 5.451. The State Asset Forfeiture Fund.
(Source: P.A. 90-9, eff. 7-1-97.)
(30 ILCS 105/5.453)
Sec. 5.453. 5.449. The Grape and Wine Resources Fund.
(Source: P.A. 90-77, eff. 7-8-97; revised 11-21-97.)
(30 ILCS 105/5.454)
Sec. 5.454. 5.449. The Industrial Commission Operations
Fund.
(Source: P.A. 90-109, eff. 1-1-98; revised 11-21-97.)
(30 ILCS 105/5.455)
Sec. 5.455. 5.449. The Brownfields Redevelopment Fund.
(Source: P.A. 90-123, eff. 7-21-97; revised 11-21-97.)
(30 ILCS 105/5.456)
Sec. 5.456. 5.449. The LEADS Maintenance Fund.
(Source: P.A. 90-130, eff. 1-1-98; revised 11-21-97.)
(30 ILCS 105/5.457)
Sec. 5.457. 5.450. The State Offender DNA Identification
System Fund.
(Source: P.A. 90-130, eff. 1-1-98; revised 11-21-97.)
(30 ILCS 105/5.458)
Sec. 5.458. 5.449. The Sex Offender Management Board
Fund.
(Source: P.A. 90-133, eff. 7-22-97; revised 11-21-97.)
(30 ILCS 105/5.459)
Sec. 5.459. 5.449. The Mental Health Research Fund.
(Source: P.A. 90-171, eff. 7-23-97; revised 11-21-97.)
(30 ILCS 105/5.460)
Sec. 5.460. 5.450. The Children's Cancer Fund.
(Source: P.A. 90-171, eff. 7-23-97; revised 11-21-97.)
(30 ILCS 105/5.461)
Sec. 5.461. 5.451. The American Diabetes Association
Fund.
(Source: P.A. 90-171, eff. 7-23-97; revised 11-21-97.)
(30 ILCS 105/5.462)
Sec. 5.462. 5.449. The Sex Offender Registration Fund.
(Source: P.A. 90-193, eff. 7-24-97; revised 11-21-97.)
(30 ILCS 105/5.463)
Sec. 5.463. 5.449. The Domestic Violence Abuser Services
Fund.
(Source: P.A. 90-241, eff. 1-1-98; revised 11-21-97.)
(30 ILCS 105/5.464)
Sec. 5.464. 5.449. Police Training Board Services Fund.
(Source: P.A. 90-259, eff. 7-30-97; revised 11-21-97.)
(30 ILCS 105/5.465)
Sec. 5.465. 5.449. The Off-Highway Vehicle Trails Fund.
(Source: P.A. 90-287, eff. 1-1-98; revised 11-21-97.)
(30 ILCS 105/5.466)
Sec. 5.466. 5.449. The Health Facility Plan Review Fund.
(Source: P.A. 90-327, eff. 8-8-97; revised 11-21-97.)
(30 ILCS 105/5.467)
Sec. 5.467. 5.449. The Elderly Victim Fund.
(Source: P.A. 90-414, eff. 1-1-98; revised 11-21-97.)
(30 ILCS 105/5.468)
Sec. 5.468. 5.450. The Attorney General Court Ordered
and Voluntary Compliance Payment Projects Fund.
(Source: P.A. 90-414, eff. 1-1-98; revised 11-21-97.)
(30 ILCS 105/5.469)
Sec. 5.469. 5.449. The School Technology Revolving Fund.
(Source: P.A. 90-463, eff. 8-17-97; revised 11-21-97.)
(30 ILCS 105/5.470)
Sec. 5.470. 5.449. The Temporary Relocation Expenses
Revolving Grant Fund.
(Source: P.A. 90-464, eff. 8-17-97; revised 11-21-97.)
(30 ILCS 105/5.471)
Sec. 5.471. 5.449. The Pawnbroker Regulation Fund.
(Source: P.A. 90-477, eff. 7-1-98; revised 11-21-97.)
(30 ILCS 105/5.472)
Sec. 5.472. 5.448. The Drycleaner Environmental Response
Trust Fund.
(Source: P.A. 90-502, eff. 8-19-97; revised 11-21-97.)
(30 ILCS 105/5.473)
Sec. 5.473. 5.449. The Illinois and Michigan Canal Fund.
(Source: P.A. 90-527, eff. 11-13-97; revised 11-21-97.)
(30 ILCS 105/5.474)
Sec. 5.474. 5.449. The Do-It-Yourself School Funding
Fund.
(Source: P.A. 90-553, eff. 6-1-98; revised 11-21-97.)
(30 ILCS 105/5.475)
Sec. 5.475. 5.449. The Renewable Energy Resources Trust
Fund.
(Source: P.A. 90-561, eff. 12-16-97; revised 11-21-97.)
(30 ILCS 105/5.476)
Sec. 5.476. 5.450. The Energy Efficiency Trust Fund.
(Source: P.A. 90-561, eff. 12-16-97; revised 11-21-97.)
(30 ILCS 105/5.477)
Sec. 5.477. 5.451. The Supplemental Low-Income Energy
Assistance Fund.
(Source: P.A. 90-561, eff. 12-16-97; revised 11-21-97.)
(30 ILCS 105/8.25) (from Ch. 127, par. 144.25)
Sec. 8.25. Build Illinois Fund; uses.
(A) All moneys in the Build Illinois Fund shall be
transferred, appropriated, and used only for the purposes
authorized by and subject to the limitations and conditions
prescribed by this Section. There are established the
following accounts in the Build Illinois Fund: the McCormick
Place Account, the Build Illinois Bond Account, the Build
Illinois Purposes Account, the Park and Conservation Fund
Account, and the Tourism Advertising and Promotion Account.
Amounts deposited into the Build Illinois Fund consisting of
1.55% before July 1, 1986, and 1.75% on and after July 1,
1986, of moneys received by the Department of Revenue under
Section 9 of the Use Tax Act, Section 9 of the Service Use
Tax Act, Section 9 of the Service Occupation Tax Act, and
Section 3 of the Retailers' Occupation Tax Act, and all
amounts deposited therein under Section 28 of the Illinois
Horse Racing Act of 1975, Section 4.05 of the Chicago World's
Fair - 1992 Authority Act, and Sections 3 and 6 of the Hotel
Operators' Occupation Tax Act, shall be credited initially to
the McCormick Place Account and all other amounts deposited
into the Build Illinois Fund shall be credited initially to
the Build Illinois Bond Account. Of the amounts initially so
credited to the McCormick Place Account in each month, the
amount that is to be transferred in that month to the
Metropolitan Fair and Exposition Authority Improvement Bond
Fund, as provided below, shall remain credited to the
McCormick Place Account, and all amounts initially so
credited in that month in excess thereof shall next be
credited to the Build Illinois Bond Account. Of the amounts
credited to the Build Illinois Bond Account in each month,
the amount that is to be transferred in that month to the
Build Illinois Bond Retirement and Interest Fund, as provided
below, shall remain credited to the Build Illinois Bond
Account, and all amounts so credited in each month in excess
thereof shall next be credited monthly to the other accounts
in the following order of priority: first, to the Build
Illinois Purposes Account, (a) 1/12, or in the case of fiscal
year 1986, 1/9, of the fiscal year amounts authorized to be
transferred to the Build Illinois Purposes Fund as provided
below plus (b) any cumulative deficiency in those transfers
for prior months; second, 1/12 of $10,000,000, plus any
cumulative deficiency in those transfers for prior months, to
the Park and Conservation Fund Account; and third, to the
General Revenue Fund in the State Treasury all amounts that
remain in the Build Illinois Fund on the last day of each
month and are not credited to any account in that Fund.
Transfers from the McCormick Place Account in the Build
Illinois Fund shall be made as follows:
Beginning with fiscal year 1985 and continuing for each
fiscal year thereafter, the Metropolitan Pier and Exposition
Authority shall annually certify to the State Comptroller and
State Treasurer the amount necessary and required during the
fiscal year with respect to which the certification is made
to pay the debt service requirements (including amounts to be
paid with respect to arrangements to provide additional
security or liquidity) on all outstanding bonds and notes,
including refunding bonds (herein collectively referred to as
bonds) of issues in the aggregate amount (excluding the
amount of any refunding bonds issued by that Authority after
January 1, 1986) of not more than $312,500,000 issued after
July 1, 1984, by that Authority for the purposes specified in
Sections 10.1 and 13.1 of the Metropolitan Pier and
Exposition Authority Act. In each month of the fiscal year
in which there are bonds outstanding with respect to which
the annual certification is made, the Comptroller shall order
transferred and the Treasurer shall transfer from the
McCormick Place Account in the Build Illinois Fund to the
Metropolitan Fair and Exposition Authority Improvement Bond
Fund an amount equal to 150% of the certified amount for that
fiscal year divided by the number of months during that
fiscal year in which bonds of the Authority are outstanding,
plus any cumulative deficiency in those transfers for prior
months; provided, that the maximum amount that may be so
transferred in fiscal year 1985 shall not exceed $15,000,000
or a lesser sum as is actually necessary and required to pay
the debt service requirements for that fiscal year after
giving effect to net operating revenues of that Authority
available for that purpose as certified by that Authority,
and provided further that the maximum amount that may be so
transferred in fiscal year 1986 shall not exceed $30,000,000
and in each fiscal year thereafter shall not exceed
$33,500,000 in any fiscal year or a lesser sum as is actually
necessary and required to pay the debt service requirements
for that fiscal year after giving effect to net operating
revenues of that Authority available for that purpose as
certified by that Authority.
When an amount equal to 100% of the aggregate amount of
principal and interest in each fiscal year with respect to
bonds issued after July 1, 1984, that by their terms are
payable from the Metropolitan Fair and Exposition Authority
Improvement Bond Fund, including under sinking fund
requirements, has been so paid and deficiencies in reserves
established from bond proceeds shall have been remedied, and
at the time that those amounts have been transferred to the
Authority as provided in Section 13.1 of the Metropolitan
Pier and Exposition Authority Act, the remaining moneys, if
any, deposited and to be deposited during each fiscal year to
the Metropolitan Fair and Exposition Authority Improvement
Bond Fund shall be transferred to the Metropolitan Fair and
Exposition Authority Completion Note Subordinate Fund.
Transfers from the Build Illinois Bond Account in the
Build Illinois Fund shall be made as follows:
Beginning with fiscal year 1986 and continuing for each
fiscal year thereafter so long as limited obligation bonds of
the State issued under the Build Illinois Bond Act remain
outstanding, the Comptroller shall order transferred and the
Treasurer shall transfer in each month, commencing in
October, 1985, on the last day of that month, from the Build
Illinois Bond Account to the Build Illinois Bond Retirement
and Interest Fund in the State Treasury the amount required
to be so transferred in that month under Section 13 of the
Build Illinois Bond Act.
Transfers from the remaining accounts in the Build
Illinois Fund shall be made in the following amounts and in
the following order of priority:
Beginning with fiscal year 1986 and continuing each
fiscal year thereafter, as soon as practicable after the
first day of each month, commencing in October, 1985, the
Comptroller shall order transferred and the Treasurer shall
transfer from the Build Illinois Purposes Account in the
Build Illinois Fund to the Build Illinois Purposes Fund
1/12th (or in the case of fiscal year 1986 1/9) of the
amounts specified below for the following fiscal years:
Fiscal Year Amount
1986 $35,000,000
1987 $45,000,000
1988 $50,000,000
1989 $55,000,000
1990 $55,000,000
1991 $50,000,000
1992 $16,200,000
1993 $16,200,000,
plus any cumulative deficiency in those transfers for prior
months.
As soon as may be practicable after the first day of each
month beginning after July 1, 1984, the Comptroller shall
order transferred and the Treasurer shall transfer from the
Park and Conservation Fund Account in the Build Illinois Fund
to the Park and Conservation Fund 1/12 of $10,000,000, plus
any cumulative deficiency in those transfers for prior
months, for conservation and park purposes as enumerated in
Section 63a36 of the Civil Administrative Code of Illinois,
and to pay the debt service requirements on all outstanding
bonds of an issue in the aggregate amount of not more than
$40,000,000 issued after January 1, 1985, by the State of
Illinois for the purposes specified in Section 3(c) of the
Capital Development Bond Act of 1972, or for the same
purposes as specified in any other State general obligation
bond Act enacted after November 1, 1984. Transfers from the
Park and Conservation Fund to the Capital Development Bond
Retirement and Interest Fund to pay those debt service
requirements shall be made in accordance with Section 8.25b
of this Act.
All funds remaining in the Build Illinois Fund on the
last day of any month and not credited to any account in that
Fund shall be transferred by the State Treasurer to the
General Revenue Fund.
(B) For the purpose of this Section, "cumulative
deficiency" shall include all deficiencies in those transfers
that have occurred since July 1, 1984, as specified in
subsection (A) of this Section.
(C) In addition to any other permitted use of moneys in
the Fund, and notwithstanding any restriction on the use of
the Fund, moneys in the Park and Conservation Fund may be
transferred to the General Revenue Fund as authorized by
Public Act 87-14. The General Assembly finds that an excess
of moneys existed in the Fund on July 30, 1991, and the
Governor's order of July 30, 1991, requesting the Comptroller
and Treasurer to transfer an amount from the Fund to the
General Revenue Fund is hereby validated.
(D) (Blank).
(Source: P.A. 90-26, eff. 7-1-97; 90-372, eff. 7-1-98;
revised 11-18-97.)
Section 38. The State Officers and Employees Money
Disposition Act is amended by changing Section 2 as follows:
(30 ILCS 230/2) (from Ch. 127, par. 171)
Sec. 2. Accounts of money received; payment into State
treasury.
(a) Every officer, board, commission, commissioner,
department, institution, arm or agency brought within the
provisions of this Act by Section 1 hereof shall keep in
proper books a detailed itemized account of all moneys
received for or on behalf of the State, showing the date of
receipt, the payor, and purpose and amount, and the date and
manner of disbursement as hereinafter provided, and, unless a
different time of payment is expressly provided by law or by
rules or regulations promulgated under subsection (b) of this
Section, shall pay into the State treasury the gross amount
of money so received on the day of actual physical receipt
with respect to any single item of receipt exceeding $10,000,
within 24 hours of actual physical receipt with respect to an
accumulation of receipts of $10,000 or more, or within 48
hours of actual physical receipt with respect to an
accumulation of receipts exceeding $500 but less than
$10,000, disregarding holidays, Saturdays and Sundays, after
the receipt of same, without any deduction on account of
salaries, fees, costs, charges, expenses or claims of any
description whatever; provided that:
(1) the provisions of (i) Section 39b32 of the
Civil Administrative Code of Illinois, (ii) approved
March 7, 1917, as amended, and the provisions of any
specific taxing statute authorizing a claim for credit
procedure instead of the actual making of refunds, (iii)
and the provisions of Section 505 of the "The Illinois
Controlled Substances Act", approved August 16, 1971, as
amended, authorizing the Director of State Police to
dispose of forfeited property, which includes the sale
and disposition of the proceeds of the sale of forfeited
property, and the Department of Central Management
Services to be reimbursed for costs incurred with the
sales of forfeited vehicles, boats or aircraft and to pay
to bona fide or innocent purchasers, conditional sales
vendors or mortgagees of such vehicles, boats or aircraft
their interest in such vehicles, boats or aircraft, and
(iv) the provisions of Section 6b-2 of the An Act in
relation to State Finance Act, approved June 10, 1919, as
amended, establishing procedures for handling cash
receipts from the sale of pari-mutuel wagering tickets,
shall not be deemed to be in conflict with the
requirements of this Section;
(2) provided, further that any fees received by the
State Registrar of Vital Records pursuant to the Vital
Records Act which are insufficient in amount may be
returned by the Registrar as provided in that Act;
(3) provided, further that any fees received by the
Department of Public Health under the Food Handling
Regulation Enforcement Act that are submitted for renewal
of an expired food service sanitation manager certificate
may be returned by the Director as provided in that Act;
and
(4) provided, further that if the amount of money
received does not exceed $500, such money may be retained
and need not be paid into the State treasury until the
total amount of money so received exceeds $500, or until
the next succeeding 1st or 15th day of each month (or
until the next business day if these days fall on Sunday
or a holiday), whichever is earlier, at which earlier
time such money shall be paid into the State treasury,
except that if a local bank or savings and loan
association account has been authorized by law, any
balances shall be paid into the State treasury on Monday
of each week if more than $500 is to be deposited in any
fund.
Single items of receipt exceeding $10,000 received after
2 p.m. on a working day may be deemed to have been received
on the next working day for purposes of fulfilling the
requirement that the item be deposited on the day of actual
physical receipt.
No money belonging to or left for the use of the State
shall be expended or applied except in consequence of an
appropriation made by law and upon the warrant of the State
Comptroller. However, payments made by the Comptroller to
persons by direct deposit need not be made upon the warrant
of the Comptroller, but if not made upon a warrant, shall be
made in accordance with Section 9.02 of the "State
Comptroller Act". All moneys so paid into the State treasury
shall, unless required by some statute to be held in the
State treasury in a separate or special fund, be covered into
the General Revenue Fund in into the State treasury. Moneys
received in the form of checks, drafts or similar instruments
shall be properly endorsed, if necessary, and delivered to
the State Treasurer for collection. The State Treasurer
shall remit such collected funds to the depositing officer,
board, commission, commissioner, department, institution, arm
or agency by Treasurers Draft or through electronic funds
transfer. The Said draft or notification of the electronic
funds transfer shall be provided to the State Comptroller to
allow deposit into the appropriate fund.
(b) Different time periods for the payment of public
funds into the State treasury or to the State Treasurer, in
excess of the periods established in subsection (a) of this
Section, but not in excess of 30 days after receipt of such
funds, may be established and revised from time to time by
rules or regulations promulgated jointly by the State
Treasurer and the State Comptroller in accordance with the
"The Illinois Administrative Procedure Act", approved
September 22, 1975, as amended. The different time periods
established by rule or regulation under this subsection may
vary according to the nature and amounts of the funds
received, the locations at which the funds are received,
whether compliance with the deposit requirements specified in
subsection (a) of this Section would be cost effective, and
such other circumstances and conditions as the promulgating
authorities consider to be appropriate. The Treasurer and
the Comptroller shall review all such different time periods
established pursuant to this subsection every 2 years from
the establishment thereof and upon such review, unless it is
determined that it is economically unfeasible for the agency
to comply with the provisions of subsection (a), shall repeal
such different time period.
(Source: P.A. 89-641, eff. 8-9-96; 90-37, eff. 6-27-97;
revised 11-20-97.)
Section 39. The Illinois Coal Technology Development
Assistance Act is amended by changing Section 4 as follows:
(30 ILCS 730/4) (from Ch. 96 1/2, par. 8204)
Sec. 4. Expenditures from Coal Technology Development
Assistance Fund.
(a) The contents of the Coal Technology Development
Assistance Fund may be expended, subject to appropriation by
the General Assembly, in such amounts and at such times as
the Department, with the advice and recommendation of the
Board, may deem necessary or desirable for the purposes of
this Act.
(b) The Department shall develop a written plan
containing measurable 3-year and 10-year goals and objectives
in regard to the funding of coal research and coal
demonstration and commercialization projects, and programs
designed to preserve and enhance markets for Illinois coal.
In developing these goals and objectives, the Department
shall consider and determine the appropriate balance for the
achievement of near-term and long-term goals and objectives
and of ensuring the timely commercial application of
cost-effective technologies or energy and chemical production
processes or systems utilizing coal. The Department shall
develop the initial goals and objectives no later than
December 1, 1993, and develop revised goals and objectives no
later than July 1 annually thereafter.
(c) (Blank).
(Source: P.A. 89-499, eff. 6-28-96; 90-348, eff. 1-1-98;
90-372, eff. 7-1-98; revised 11-18-97.)
Section 40. The State Mandates Act is amended by
changing Section 8.21 and renumbering Section 8.22 (as added
by Public Act 90-4) as follows:
(30 ILCS 805/8.21)
Sec. 8.21. 8.22. Exempt 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 89-705, 89-718, 90-4, 90-7, 90-27, 9-28, 90-31,
90-32, 90-186, 90-204, 90-258, 90-288, 90-350, 90-448,
90-460, 90-497, 90-511, 90-524, 90-531, 90-535, or 90-551
this amendatory Act of 1997 (House Bill 66 of the 90th
General Assembly) or by House Bill 165 of the 90th General
Assembly.
(Source: P.A. 89-683, eff. 6-1-97 (repealed by P.A. 90-6,
eff. 6-3-97); 89-705, eff. 1-31-97; 89-718, eff. 3-7-97;
90-4, eff. 3-7-97; 90-7, eff. 6-10-97; 90-27, eff. 1-1-98;
90-31, eff. 6-27-97; 90-32, eff. 6-27-97; 90-186, eff.
7-24-97; 90-204, eff. 7-25-97; 90-258, eff. 7-30-97; 90-288,
eff. 8-1-97; 90-350, eff, 1-1-98; 90-448, eff. 8-16-97;
90-460, eff. 8-17-97; 90-497, eff. 8-18-97; 90-511, eff.
8-22-97; 90-524, eff. 1-1-98; 90-531, eff. 1-1-98; 90-535,
eff. 11-14-97; 90-551, eff. 12-12-97; revised 1-9-98.)
Section 41. The Illinois Income Tax Act is amended by
changing Sections 201 and 901 as follows:
(35 ILCS 5/201) (from Ch. 120, par. 2-201)
Sec. 201. Tax Imposed.
(a) In general. A tax measured by net income is hereby
imposed on every individual, corporation, trust and estate
for each taxable year ending after July 31, 1969 on the
privilege of earning or receiving income in or as a resident
of this State. Such tax shall be in addition to all other
occupation or privilege taxes imposed by this State or by any
municipal corporation or political subdivision thereof.
(b) Rates. The tax imposed by subsection (a) of this
Section shall be determined as follows:
(1) In the case of an individual, trust or estate,
for taxable years ending prior to July 1, 1989, an amount
equal to 2 1/2% of the taxpayer's net income for the
taxable year.
(2) In the case of an individual, trust or estate,
for taxable years beginning prior to July 1, 1989 and
ending after June 30, 1989, an amount equal to the sum of
(i) 2 1/2% of the taxpayer's net income for the period
prior to July 1, 1989, as calculated under Section 202.3,
and (ii) 3% of the taxpayer's net income for the period
after June 30, 1989, as calculated under Section 202.3.
(3) In the case of an individual, trust or estate,
for taxable years beginning after June 30, 1989, an
amount equal to 3% of the taxpayer's net income for the
taxable year.
(4) (Blank).
(5) (Blank).
(6) In the case of a corporation, for taxable years
ending prior to July 1, 1989, an amount equal to 4% of
the taxpayer's net income for the taxable year.
(7) In the case of a corporation, for taxable years
beginning prior to July 1, 1989 and ending after June 30,
1989, an amount equal to the sum of (i) 4% of the
taxpayer's net income for the period prior to July 1,
1989, as calculated under Section 202.3, and (ii) 4.8% of
the taxpayer's net income for the period after June 30,
1989, as calculated under Section 202.3.
(8) In the case of a corporation, for taxable years
beginning after June 30, 1989, an amount equal to 4.8% of
the taxpayer's net income for the taxable year.
(c) Beginning on July 1, 1979 and thereafter, in
addition to such income tax, there is also hereby imposed the
Personal Property Tax Replacement Income Tax measured by net
income on every corporation (including Subchapter S
corporations), partnership and trust, for each taxable year
ending after June 30, 1979. Such taxes are imposed on the
privilege of earning or receiving income in or as a resident
of this State. The Personal Property Tax Replacement Income
Tax shall be in addition to the income tax imposed by
subsections (a) and (b) of this Section and in addition to
all other occupation or privilege taxes imposed by this State
or by any municipal corporation or political subdivision
thereof.
(d) Additional Personal Property Tax Replacement Income
Tax Rates. The personal property tax replacement income tax
imposed by this subsection and subsection (c) of this Section
in the case of a corporation, other than a Subchapter S
corporation, shall be an additional amount equal to 2.85% of
such taxpayer's net income for the taxable year, except that
beginning on January 1, 1981, and thereafter, the rate of
2.85% specified in this subsection shall be reduced to 2.5%,
and in the case of a partnership, trust or a Subchapter S
corporation shall be an additional amount equal to 1.5% of
such taxpayer's net income for the taxable year.
(e) Investment credit. A taxpayer shall be allowed a
credit against the Personal Property Tax Replacement Income
Tax for investment in qualified property.
(1) A taxpayer shall be allowed a credit equal to
.5% of the basis of qualified property placed in service
during the taxable year, provided such property is placed
in service on or after July 1, 1984. There shall be
allowed an additional credit equal to .5% of the basis of
qualified property placed in service during the taxable
year, provided such property is placed in service on or
after July 1, 1986, and the taxpayer's base employment
within Illinois has increased by 1% or more over the
preceding year as determined by the taxpayer's employment
records filed with the Illinois Department of Employment
Security. Taxpayers who are new to Illinois shall be
deemed to have met the 1% growth in base employment for
the first year in which they file employment records with
the Illinois Department of Employment Security. The
provisions added to this Section by Public Act 85-1200
(and restored by Public Act 87-895) shall be construed as
declaratory of existing law and not as a new enactment.
If, in any year, the increase in base employment within
Illinois over the preceding year is less than 1%, the
additional credit shall be limited to that percentage
times a fraction, the numerator of which is .5% and the
denominator of which is 1%, but shall not exceed .5%.
The investment credit shall not be allowed to the extent
that it would reduce a taxpayer's liability in any tax
year below zero, nor may any credit for qualified
property be allowed for any year other than the year in
which the property was placed in service in Illinois. For
tax years ending on or after December 31, 1987, and on or
before December 31, 1988, the credit shall be allowed for
the tax year in which the property is placed in service,
or, if the amount of the credit exceeds the tax liability
for that year, whether it exceeds the original liability
or the liability as later amended, such excess may be
carried forward and applied to the tax liability of the 5
taxable years following the excess credit years if the
taxpayer (i) makes investments which cause the creation
of a minimum of 2,000 full-time equivalent jobs in
Illinois, (ii) is located in an enterprise zone
established pursuant to the Illinois Enterprise Zone Act
and (iii) is certified by the Department of Commerce and
Community Affairs as complying with the requirements
specified in clause (i) and (ii) by July 1, 1986. The
Department of Commerce and Community Affairs shall notify
the Department of Revenue of all such certifications
immediately. For tax years ending after December 31,
1988, the credit shall be allowed for the tax year in
which the property is placed in service, or, if the
amount of the credit exceeds the tax liability for that
year, whether it exceeds the original liability or the
liability as later amended, such excess may be carried
forward and applied to the tax liability of the 5 taxable
years following the excess credit years. The credit shall
be applied to the earliest year for which there is a
liability. If there is credit from more than one tax year
that is available to offset a liability, earlier credit
shall be applied first.
(2) The term "qualified property" means property
which:
(A) is tangible, whether new or used,
including buildings and structural components of
buildings and signs that are real property, but not
including land or improvements to real property that
are not a structural component of a building such as
landscaping, sewer lines, local access roads,
fencing, parking lots, and other appurtenances;
(B) is depreciable pursuant to Section 167 of
the Internal Revenue Code, except that "3-year
property" as defined in Section 168(c)(2)(A) of that
Code is not eligible for the credit provided by this
subsection (e);
(C) is acquired by purchase as defined in
Section 179(d) of the Internal Revenue Code;
(D) is used in Illinois by a taxpayer who is
primarily engaged in manufacturing, or in mining
coal or fluorite, or in retailing; and
(E) has not previously been used in Illinois
in such a manner and by such a person as would
qualify for the credit provided by this subsection
(e) or subsection (f).
(3) For purposes of this subsection (e),
"manufacturing" means the material staging and production
of tangible personal property by procedures commonly
regarded as manufacturing, processing, fabrication, or
assembling which changes some existing material into new
shapes, new qualities, or new combinations. For purposes
of this subsection (e) the term "mining" shall have the
same meaning as the term "mining" in Section 613(c) of
the Internal Revenue Code. For purposes of this
subsection (e), the term "retailing" means the sale of
tangible personal property or services rendered in
conjunction with the sale of tangible consumer goods or
commodities.
(4) The basis of qualified property shall be the
basis used to compute the depreciation deduction for
federal income tax purposes.
(5) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in Illinois by the taxpayer, the amount
of such increase shall be deemed property placed in
service on the date of such increase in basis.
(6) The term "placed in service" shall have the
same meaning as under Section 46 of the Internal Revenue
Code.
(7) If during any taxable year, any property ceases
to be qualified property in the hands of the taxpayer
within 48 months after being placed in service, or the
situs of any qualified property is moved outside Illinois
within 48 months after being placed in service, the
Personal Property Tax Replacement Income Tax for such
taxable year shall be increased. Such increase shall be
determined by (i) recomputing the investment credit which
would have been allowed for the year in which credit for
such property was originally allowed by eliminating such
property from such computation and, (ii) subtracting such
recomputed credit from the amount of credit previously
allowed. For the purposes of this paragraph (7), a
reduction of the basis of qualified property resulting
from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent
of such reduction.
(8) Unless the investment credit is extended by
law, the basis of qualified property shall not include
costs incurred after December 31, 2003, except for costs
incurred pursuant to a binding contract entered into on
or before December 31, 2003.
(9) Each taxable year, a partnership may elect to
pass through to its partners the credits to which the
partnership is entitled under this subsection (e) for the
taxable year. A partner may use the credit allocated to
him or her under this paragraph only against the tax
imposed in subsections (c) and (d) of this Section. If
the partnership makes that election, those credits shall
be allocated among the partners in the partnership in
accordance with the rules set forth in Section 704(b) of
the Internal Revenue Code, and the rules promulgated
under that Section, and the allocated amount of the
credits shall be allowed to the partners for that taxable
year. The partnership shall make this election on its
Personal Property Tax Replacement Income Tax return for
that taxable year. The election to pass through the
credits shall be irrevocable.
(f) Investment credit; Enterprise Zone.
(1) A taxpayer shall be allowed a credit against
the tax imposed by subsections (a) and (b) of this
Section for investment in qualified property which is
placed in service in an Enterprise Zone created pursuant
to the Illinois Enterprise Zone Act. For partners and for
shareholders of Subchapter S corporations, there shall be
allowed a credit under this subsection (f) to be
determined in accordance with the determination of income
and distributive share of income under Sections 702 and
704 and Subchapter S of the Internal Revenue Code. The
credit shall be .5% of the basis for such property. The
credit shall be available only in the taxable year in
which the property is placed in service in the Enterprise
Zone and shall not be allowed to the extent that it would
reduce a taxpayer's liability for the tax imposed by
subsections (a) and (b) of this Section to below zero.
For tax years ending on or after December 31, 1985, the
credit shall be allowed for the tax year in which the
property is placed in service, or, if the amount of the
credit exceeds the tax liability for that year, whether
it exceeds the original liability or the liability as
later amended, such excess may be carried forward and
applied to the tax liability of the 5 taxable years
following the excess credit year. The credit shall be
applied to the earliest year for which there is a
liability. If there is credit from more than one tax year
that is available to offset a liability, the credit
accruing first in time shall be applied first.
(2) The term qualified property means property
which:
(A) is tangible, whether new or used,
including buildings and structural components of
buildings;
(B) is depreciable pursuant to Section 167 of
the Internal Revenue Code, except that "3-year
property" as defined in Section 168(c)(2)(A) of that
Code is not eligible for the credit provided by this
subsection (f);
(C) is acquired by purchase as defined in
Section 179(d) of the Internal Revenue Code;
(D) is used in the Enterprise Zone by the
taxpayer; and
(E) has not been previously used in Illinois
in such a manner and by such a person as would
qualify for the credit provided by this subsection
(f) or subsection (e).
(3) The basis of qualified property shall be the
basis used to compute the depreciation deduction for
federal income tax purposes.
(4) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in the Enterprise Zone by the taxpayer,
the amount of such increase shall be deemed property
placed in service on the date of such increase in basis.
(5) The term "placed in service" shall have the
same meaning as under Section 46 of the Internal Revenue
Code.
(6) If during any taxable year, any property ceases
to be qualified property in the hands of the taxpayer
within 48 months after being placed in service, or the
situs of any qualified property is moved outside the
Enterprise Zone within 48 months after being placed in
service, the tax imposed under subsections (a) and (b) of
this Section for such taxable year shall be increased.
Such increase shall be determined by (i) recomputing the
investment credit which would have been allowed for the
year in which credit for such property was originally
allowed by eliminating such property from such
computation, and (ii) subtracting such recomputed credit
from the amount of credit previously allowed. For the
purposes of this paragraph (6), a reduction of the basis
of qualified property resulting from a redetermination of
the purchase price shall be deemed a disposition of
qualified property to the extent of such reduction.
(g) Jobs Tax Credit; Enterprise Zone and Foreign
Trade Zone or Sub-Zone.
(1) A taxpayer conducting a trade or business in an
enterprise zone or a High Impact Business designated by
the Department of Commerce and Community Affairs
conducting a trade or business in a federally designated
Foreign Trade Zone or Sub-Zone shall be allowed a credit
against the tax imposed by subsections (a) and (b) of
this Section in the amount of $500 per eligible employee
hired to work in the zone during the taxable year.
(2) To qualify for the credit:
(A) the taxpayer must hire 5 or more eligible
employees to work in an enterprise zone or federally
designated Foreign Trade Zone or Sub-Zone during the
taxable year;
(B) the taxpayer's total employment within the
enterprise zone or federally designated Foreign
Trade Zone or Sub-Zone must increase by 5 or more
full-time employees beyond the total employed in
that zone at the end of the previous tax year for
which a jobs tax credit under this Section was
taken, or beyond the total employed by the taxpayer
as of December 31, 1985, whichever is later; and
(C) the eligible employees must be employed
180 consecutive days in order to be deemed hired for
purposes of this subsection.
(3) An "eligible employee" means an employee who
is:
(A) Certified by the Department of Commerce
and Community Affairs as "eligible for services"
pursuant to regulations promulgated in accordance
with Title II of the Job Training Partnership Act,
Training Services for the Disadvantaged or Title III
of the Job Training Partnership Act, Employment and
Training Assistance for Dislocated Workers Program.
(B) Hired after the enterprise zone or
federally designated Foreign Trade Zone or Sub-Zone
was designated or the trade or business was located
in that zone, whichever is later.
(C) Employed in the enterprise zone or Foreign
Trade Zone or Sub-Zone. An employee is employed in
an enterprise zone or federally designated Foreign
Trade Zone or Sub-Zone if his services are rendered
there or it is the base of operations for the
services performed.
(D) A full-time employee working 30 or more
hours per week.
(4) For tax years ending on or after December 31,
1985 and prior to December 31, 1988, the credit shall be
allowed for the tax year in which the eligible employees
are hired. For tax years ending on or after December 31,
1988, the credit shall be allowed for the tax year
immediately following the tax year in which the eligible
employees are hired. If the amount of the credit exceeds
the tax liability for that year, whether it exceeds the
original liability or the liability as later amended,
such excess may be carried forward and applied to the tax
liability of the 5 taxable years following the excess
credit year. The credit shall be applied to the earliest
year for which there is a liability. If there is credit
from more than one tax year that is available to offset a
liability, earlier credit shall be applied first.
(5) The Department of Revenue shall promulgate such
rules and regulations as may be deemed necessary to carry
out the purposes of this subsection (g).
(6) The credit shall be available for eligible
employees hired on or after January 1, 1986.
(h) Investment credit; High Impact Business.
(1) Subject to subsection (b) of Section 5.5 of the
Illinois Enterprise Zone Act, a taxpayer shall be allowed
a credit against the tax imposed by subsections (a) and
(b) of this Section for investment in qualified property
which is placed in service by a Department of Commerce
and Community Affairs designated High Impact Business.
The credit shall be .5% of the basis for such property.
The credit shall not be available until the minimum
investments in qualified property set forth in Section
5.5 of the Illinois Enterprise Zone Act have been
satisfied and shall not be allowed to the extent that it
would reduce a taxpayer's liability for the tax imposed
by subsections (a) and (b) of this Section to below zero.
The credit applicable to such minimum investments shall
be taken in the taxable year in which such minimum
investments have been completed. The credit for
additional investments beyond the minimum investment by a
designated high impact business shall be available only
in the taxable year in which the property is placed in
service and shall not be allowed to the extent that it
would reduce a taxpayer's liability for the tax imposed
by subsections (a) and (b) of this Section to below zero.
For tax years ending on or after December 31, 1987, the
credit shall be allowed for the tax year in which the
property is placed in service, or, if the amount of the
credit exceeds the tax liability for that year, whether
it exceeds the original liability or the liability as
later amended, such excess may be carried forward and
applied to the tax liability of the 5 taxable years
following the excess credit year. The credit shall be
applied to the earliest year for which there is a
liability. If there is credit from more than one tax
year that is available to offset a liability, the credit
accruing first in time shall be applied first.
Changes made in this subdivision (h)(1) by Public
Act 88-670 restore changes made by Public Act 85-1182 and
reflect existing law.
(2) The term qualified property means property
which:
(A) is tangible, whether new or used,
including buildings and structural components of
buildings;
(B) is depreciable pursuant to Section 167 of
the Internal Revenue Code, except that "3-year
property" as defined in Section 168(c)(2)(A) of that
Code is not eligible for the credit provided by this
subsection (h);
(C) is acquired by purchase as defined in
Section 179(d) of the Internal Revenue Code; and
(D) is not eligible for the Enterprise Zone
Investment Credit provided by subsection (f) of this
Section.
(3) The basis of qualified property shall be the
basis used to compute the depreciation deduction for
federal income tax purposes.
(4) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in a federally designated Foreign Trade
Zone or Sub-Zone located in Illinois by the taxpayer, the
amount of such increase shall be deemed property placed
in service on the date of such increase in basis.
(5) The term "placed in service" shall have the
same meaning as under Section 46 of the Internal Revenue
Code.
(6) If during any taxable year ending on or before
December 31, 1996, any property ceases to be qualified
property in the hands of the taxpayer within 48 months
after being placed in service, or the situs of any
qualified property is moved outside Illinois within 48
months after being placed in service, the tax imposed
under subsections (a) and (b) of this Section for such
taxable year shall be increased. Such increase shall be
determined by (i) recomputing the investment credit which
would have been allowed for the year in which credit for
such property was originally allowed by eliminating such
property from such computation, and (ii) subtracting such
recomputed credit from the amount of credit previously
allowed. For the purposes of this paragraph (6), a
reduction of the basis of qualified property resulting
from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent
of such reduction.
(7) Beginning with tax years ending after December
31, 1996, if a taxpayer qualifies for the credit under
this subsection (h) and thereby is granted a tax
abatement and the taxpayer relocates its entire facility
in violation of the explicit terms and length of the
contract under Section 18-183 of the Property Tax Code,
the tax imposed under subsections (a) and (b) of this
Section shall be increased for the taxable year in which
the taxpayer relocated its facility by an amount equal to
the amount of credit received by the taxpayer under this
subsection (h).
(i) A credit shall be allowed against the tax imposed by
subsections (a) and (b) of this Section for the tax imposed
by subsections (c) and (d) of this Section. This credit
shall be computed by multiplying the tax imposed by
subsections (c) and (d) of this Section by a fraction, the
numerator of which is base income allocable to Illinois and
the denominator of which is Illinois base income, and further
multiplying the product by the tax rate imposed by
subsections (a) and (b) of this Section.
Any credit earned on or after December 31, 1986 under
this subsection which is unused in the year the credit is
computed because it exceeds the tax liability imposed by
subsections (a) and (b) for that year (whether it exceeds the
original liability or the liability as later amended) may be
carried forward and applied to the tax liability imposed by
subsections (a) and (b) of the 5 taxable years following the
excess credit year. This credit shall be applied first to
the earliest year for which there is a liability. If there
is a credit under this subsection from more than one tax year
that is available to offset a liability the earliest credit
arising under this subsection shall be applied first.
If, during any taxable year ending on or after December
31, 1986, the tax imposed by subsections (c) and (d) of this
Section for which a taxpayer has claimed a credit under this
subsection (i) is reduced, the amount of credit for such tax
shall also be reduced. Such reduction shall be determined by
recomputing the credit to take into account the reduced tax
imposed by subsection (c) and (d). If any portion of the
reduced amount of credit has been carried to a different
taxable year, an amended return shall be filed for such
taxable year to reduce the amount of credit claimed.
(j) Training expense credit. Beginning with tax years
ending on or after December 31, 1986, a taxpayer shall be
allowed a credit against the tax imposed by subsection (a)
and (b) under this Section for all amounts paid or accrued,
on behalf of all persons employed by the taxpayer in Illinois
or Illinois residents employed outside of Illinois by a
taxpayer, for educational or vocational training in
semi-technical or technical fields or semi-skilled or skilled
fields, which were deducted from gross income in the
computation of taxable income. The credit against the tax
imposed by subsections (a) and (b) shall be 1.6% of such
training expenses. For partners and for shareholders of
subchapter S corporations, there shall be allowed a credit
under this subsection (j) to be determined in accordance with
the determination of income and distributive share of income
under Sections 702 and 704 and subchapter S of the Internal
Revenue Code.
Any credit allowed under this subsection which is unused
in the year the credit is earned may be carried forward to
each of the 5 taxable years following the year for which the
credit is first computed until it is used. This credit shall
be applied first to the earliest year for which there is a
liability. If there is a credit under this subsection from
more than one tax year that is available to offset a
liability the earliest credit arising under this subsection
shall be applied first.
(k) Research and development credit.
Beginning with tax years ending after July 1, 1990, a
taxpayer shall be allowed a credit against the tax imposed by
subsections (a) and (b) of this Section for increasing
research activities in this State. The credit allowed
against the tax imposed by subsections (a) and (b) shall be
equal to 6 1/2% of the qualifying expenditures for increasing
research activities in this State.
For purposes of this subsection, "qualifying
expenditures" means the qualifying expenditures as defined
for the federal credit for increasing research activities
which would be allowable under Section 41 of the Internal
Revenue Code and which are conducted in this State,
"qualifying expenditures for increasing research activities
in this State" means the excess of qualifying expenditures
for the taxable year in which incurred over qualifying
expenditures for the base period, "qualifying expenditures
for the base period" means the average of the qualifying
expenditures for each year in the base period, and "base
period" means the 3 taxable years immediately preceding the
taxable year for which the determination is being made.
Any credit in excess of the tax liability for the taxable
year may be carried forward. A taxpayer may elect to have the
unused credit shown on its final completed return carried
over as a credit against the tax liability for the following
5 taxable years or until it has been fully used, whichever
occurs first.
If an unused credit is carried forward to a given year
from 2 or more earlier years, that credit arising in the
earliest year will be applied first against the tax liability
for the given year. If a tax liability for the given year
still remains, the credit from the next earliest year will
then be applied, and so on, until all credits have been used
or no tax liability for the given year remains. Any
remaining unused credit or credits then will be carried
forward to the next following year in which a tax liability
is incurred, except that no credit can be carried forward to
a year which is more than 5 years after the year in which the
expense for which the credit is given was incurred.
Unless extended by law, the credit shall not include
costs incurred after December 31, 1999, except for costs
incurred pursuant to a binding contract entered into on or
before December 31, 1999.
(l) Environmental Remediation Tax Credit.
(i) For tax years ending after December 31, 1997
and on or before December 31, 2001, a taxpayer shall be
allowed a credit against the tax imposed by subsections
(a) and (b) of this Section for certain amounts paid for
unreimbursed eligible remediation costs, as specified in
this subsection. For purposes of this Section,
"unreimbursed eligible remediation costs" means costs
approved by the Illinois Environmental Protection Agency
("Agency") under Section 58.14 of the Environmental
Protection Act that were paid in performing environmental
remediation at a site for which a No Further Remediation
Letter was issued by the Agency and recorded under
Section 58.10 of the Environmental Protection Act, and
does not mean approved eligible remediation costs that
are at any time deducted under the provisions of the
Internal Revenue Code. The credit must be claimed for
the taxable year in which Agency approval of the eligible
remediation costs is granted. In no event shall
unreimbursed eligible remediation costs include any costs
taken into account in calculating an environmental
remediation credit granted against a tax imposed under
the provisions of the Internal Revenue Code. The credit
is not available to any taxpayer if the taxpayer or any
related party caused or contributed to, in any material
respect, a release of regulated substances on, in, or
under the site that was identified and addressed by the
remedial action pursuant to the Site Remediation Program
of the Environmental Protection Act. After the Pollution
Control Board rules are adopted pursuant to the Illinois
Administrative Procedure Act for the administration and
enforcement of Section 58.9 of the Environmental
Protection Act, determinations as to credit availability
for purposes of this Section shall be made consistent
with those rules. For purposes of this Section,
"taxpayer" includes a person whose tax attributes the
taxpayer has succeeded to under Section 381 of the
Internal Revenue Code and "related party" includes the
persons disallowed a deduction for losses by paragraphs
(b), (c), and (f)(1) of Section 267 of the Internal
Revenue Code by virtue of being a related taxpayer, as
well as any of its partners. The credit allowed against
the tax imposed by subsections (a) and (b) shall be equal
to 25% of the unreimbursed eligible remediation costs in
excess of $100,000 per site, except that the $100,000
threshold shall not apply to any site contained in an
enterprise zone and located in a census tract that is
located in a minor civil division and place or county
that has been determined by the Department of Commerce
and Community Affairs to contain a majority of households
consisting of low and moderate income persons. The total
credit allowed shall not exceed $40,000 per year with a
maximum total of $150,000 per site. For partners and
shareholders of subchapter S corporations, there shall be
allowed a credit under this subsection to be determined
in accordance with the determination of income and
distributive share of income under Sections 702 and 704
of subchapter S of the Internal Revenue Code.
(ii) A credit allowed under this subsection that is
unused in the year the credit is earned may be carried
forward to each of the 5 taxable years following the year
for which the credit is first earned until it is used.
The term "unused credit" does not include any amounts of
unreimbursed eligible remediation costs in excess of the
maximum credit per site authorized under paragraph (i).
This credit shall be applied first to the earliest year
for which there is a liability. If there is a credit
under this subsection from more than one tax year that is
available to offset a liability, the earliest credit
arising under this subsection shall be applied first. A
credit allowed under this subsection may be sold to a
buyer as part of a sale of all or part of the remediation
site for which the credit was granted. The purchaser of
a remediation site and the tax credit shall succeed to
the unused credit and remaining carry-forward period of
the seller. To perfect the transfer, the assignor shall
record the transfer in the chain of title for the site
and provide written notice to the Director of the
Illinois Department of Revenue of the assignor's intent
to sell the remediation site and the amount of the tax
credit to be transferred as a portion of the sale. In no
event may a credit be transferred to any taxpayer if the
taxpayer or a related party would not be eligible under
the provisions of subsection (i).
(iii) For purposes of this Section, the term "site"
shall have the same meaning as under Section 58.2 of the
Environmental Protection Act.
(Source: P.A. 89-235, eff. 8-4-95; 89-519, eff. 7-18-96;
89-591, eff. 8-1-96; 90-123, eff. 7-21-97; 90-458, eff.
8-17-97; revised 10-16-97.)
(35 ILCS 5/901) (from Ch. 120, par. 9-901)
Sec. 901. Collection Authority.
(a) In general.
The Department shall collect the taxes imposed by this
Act. The Department shall collect certified past due child
support amounts under Section 39b52 of the Civil
Administrative Code of Illinois. Except as provided in
subsections (c) and (e) of this Section, money collected
pursuant to subsections (a) and (b) of Section 201 of this
Act shall be paid into the General Revenue Fund in the State
treasury; money collected pursuant to subsections (c) and (d)
of Section 201 of this Act shall be paid into the Personal
Property Tax Replacement Fund, a special fund in the State
Treasury; and money collected under Section 39b52 of the
Civil Administrative Code of Illinois shall be paid into the
Child Support Enforcement Trust Fund, a special fund outside
the State Treasury.
(b) Local Governmental Distributive Fund.
Beginning August 1, 1969, and continuing through June 30,
1994, the Treasurer shall transfer each month from the
General Revenue Fund to a special fund in the State treasury,
to be known as the "Local Government Distributive Fund", an
amount equal to 1/12 of the net revenue realized from the tax
imposed by subsections (a) and (b) of Section 201 of this Act
during the preceding month. Beginning July 1, 1994, and
continuing through June 30, 1995, the Treasurer shall
transfer each month from the General Revenue Fund to the
Local Government Distributive Fund an amount equal to 1/11 of
the net revenue realized from the tax imposed by subsections
(a) and (b) of Section 201 of this Act during the preceding
month. Beginning July 1, 1995, the Treasurer shall transfer
each month from the General Revenue Fund to the Local
Government Distributive Fund an amount equal to 1/10 of the
net revenue realized from the tax imposed by subsections (a)
and (b) of Section 201 of the Illinois Income Tax Act during
the preceding month. Net revenue realized for a month shall
be defined as the revenue from the tax imposed by subsections
(a) and (b) of Section 201 of this Act which is deposited in
the General Revenue Fund, the Educational Assistance Fund and
the Income Tax Surcharge Local Government Distributive Fund
during the month minus the amount paid out of the General
Revenue Fund in State warrants during that same month as
refunds to taxpayers for overpayment of liability under the
tax imposed by subsections (a) and (b) of Section 201 of this
Act.
(c) Deposits Into Income Tax Refund Fund.
(1) Beginning on January 1, 1989 and thereafter,
the Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(1), (2),
and (3), of Section 201 of this Act into a fund in the
State treasury known as the Income Tax Refund Fund. The
Department shall deposit 6% of such amounts during the
period beginning January 1, 1989 and ending on June 30,
1989. Beginning with State fiscal year 1990 and for each
fiscal year thereafter, the percentage deposited into the
Income Tax Refund Fund during a fiscal year shall be the
Annual Percentage. The Annual Percentage shall be
calculated as a fraction, the numerator of which shall be
the amount of refunds approved for payment by the
Department during the preceding fiscal year as a result
of overpayment of tax liability under subsections (a) and
(b)(1), (2), and (3) of Section 201 of this Act plus the
amount of such refunds remaining approved but unpaid at
the end of the preceding fiscal year minus any surplus
which remains on deposit in the Income Tax Refund Fund at
the end of the preceding year, the denominator of which
shall be the amounts which will be collected pursuant to
subsections (a) and (b)(1), (2), and (3) of Section 201
of this Act during the preceding fiscal year. The
Director of Revenue shall certify the Annual Percentage
to the Comptroller on the last business day of the fiscal
year immediately preceding the fiscal year for which it
is it to be effective.
(2) Beginning on January 1, 1989 and thereafter,
the Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(6), (7),
and (8), (c) and (d) of Section 201 of this Act into a
fund in the State treasury known as the Income Tax Refund
Fund. The Department shall deposit 18% of such amounts
during the period beginning January 1, 1989 and ending on
June 30, 1989. Beginning with State fiscal year 1990 and
for each fiscal year thereafter, the percentage deposited
into the Income Tax Refund Fund during a fiscal year
shall be the Annual Percentage. The Annual Percentage
shall be calculated as a fraction, the numerator of which
shall be the amount of refunds approved for payment by
the Department during the preceding fiscal year as a
result of overpayment of tax liability under subsections
(a) and (b)(6), (7), and (8), (c) and (d) of Section 201
of this Act plus the amount of such refunds remaining
approved but unpaid at the end of the preceding fiscal
year, the denominator of which shall be the amounts which
will be collected pursuant to subsections (a) and (b)(6),
(7), and (8), (c) and (d) of Section 201 of this Act
during the preceding fiscal year. The Director of
Revenue shall certify the Annual Percentage to the
Comptroller on the last business day of the fiscal year
immediately preceding the fiscal year for which it is to
be effective.
(d) Expenditures from Income Tax Refund Fund.
(1) Beginning January 1, 1989, money in the Income
Tax Refund Fund shall be expended exclusively for the
purpose of paying refunds resulting from overpayment of
tax liability under Section 201 of this Act and for
making transfers pursuant to this subsection (d).
(2) The Director shall order payment of refunds
resulting from overpayment of tax liability under Section
201 of this Act from the Income Tax Refund Fund only to
the extent that amounts collected pursuant to Section 201
of this Act and transfers pursuant to this subsection (d)
have been deposited and retained in the Fund.
(3) On the last business day of each fiscal year,
the Director shall order transferred and the State
Treasurer and State Comptroller shall transfer from the
Income Tax Refund Fund to the Personal Property Tax
Replacement Fund an amount, certified by the Director to
the Comptroller, equal to the excess of the amount
collected pursuant to subsections (c) and (d) of Section
201 of this Act deposited into the Income Tax Refund Fund
during the fiscal year over the amount of refunds
resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year.
(4) On the last business day of each fiscal year,
the Director shall order transferred and the State
Treasurer and State Comptroller shall transfer from the
Personal Property Tax Replacement Fund to the Income Tax
Refund Fund an amount, certified by the Director to the
Comptroller, equal to the excess of the amount of refunds
resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year
over the amount collected pursuant to subsections (c) and
(d) of Section 201 of this Act deposited into the Income
Tax Refund Fund during the fiscal year.
(5) This Act shall constitute an irrevocable and
continuing appropriation from the Income Tax Refund Fund
for the purpose of paying refunds upon the order of the
Director in accordance with the provisions of this
Section.
(e) Deposits into the Education Assistance Fund and the
Income Tax Surcharge Local Government Distributive Fund.
On July 1, 1991, and thereafter, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of this
Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 7.3% into the Education Assistance
Fund in the State Treasury. Beginning July 1, 1991, and
continuing through January 31, 1993, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act, minus deposits into the Income Tax
Refund Fund, the Department shall deposit 3.0% into the
Income Tax Surcharge Local Government Distributive Fund in
the State Treasury. Beginning February 1, 1993 and
continuing through June 30, 1993, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act, minus deposits into the Income Tax
Refund Fund, the Department shall deposit 4.4% into the
Income Tax Surcharge Local Government Distributive Fund in
the State Treasury. Beginning July 1, 1993, and continuing
through June 30, 1994, of the amounts collected under
subsections (a) and (b) of Section 201 of this Act, minus
deposits into the Income Tax Refund Fund, the Department
shall deposit 1.475% into the Income Tax Surcharge Local
Government Distributive Fund in the State Treasury.
(Source: P.A. 88-89; 89-6, eff. 12-31-95; revised 12-18-97.)
Section 42. The Service Use Tax Act is amended by
changing Section 15 as follows:
(35 ILCS 110/15) (from Ch. 120, par. 439.45)
Sec. 15. When the amount due is under $300, any person
subject to the provisions hereof who fails to file a return,
or who violates any other provision of Section 9 or Section
10 hereof, or who fails to keep books and records as required
herein, or who files a fraudulent return, or who wilfully
violates any Rule or Regulation of the Department for the
administration and enforcement of the provisions hereof, or
any officer or agent of a corporation, or manager, member, or
agent of a limited liability company, subject hereto who
signs a fraudulent return filed on behalf of such corporation
or limited liability company, or any accountant or other
agent who knowingly enters false information on the return of
any taxpayer under this Act, or any person who violates any
of the provisions of Sections 3 and 5 hereof, or any
purchaser who obtains a registration number or resale number
from the Department through misrepresentation, or who
represents to a seller that such purchaser has a registration
number or a resale number from the Department when he knows
that he does not, or who uses his registration number or
resale number to make a seller believe that he is buying
tangible personal property for resale when such purchaser in
fact knows that this is not the case, is guilty of a Class 4
felony.
Any person who violates any provision of Section 6
hereof, or who engages in the business of making sales of
service after his Certificate of Registration under this Act
has been revoked in accordance with Section 12 of this Act,
is guilty of a Class 4 felony. Each day any such person is
engaged in business in violation of Section 6, or after his
Certificate of Registration under this Act has been revoked,
constitutes a separate offense.
When the amount due is under $300, any person who accepts
money that is due to the Department under this Act from a
taxpayer for the purpose of acting as the taxpayer's agent to
make the payment to the Department, but who fails to remit
such payment to the Department when due is guilty of a Class
4 felony. Any such person who purports to make such payment
by issuing or delivering a check or other order upon a real
or fictitious depository for the payment of money, knowing
that it will not be paid by the depository, shall be guilty
of a deceptive practice in violation of Section 17-1 of the
Criminal Code of 1961, as amended.
When the amount due is $300 or more, any person subject
to the provisions hereof who fails to file a return, or who
violates any other provision of Section 9 or Section 10
hereof, or who fails to keep books and records as required
herein or who files a fraudulent return, or who willfully
violates any rule or regulation of the Department for the
administration and enforcement of the provisions hereof, or
any officer or agent of a corporation, or manager, member, or
agent of a limited liability company, subject hereto who
signs a fraudulent return filed on behalf of such corporation
or limited liability company, or any accountant or other
agent who knowingly enters false information on the return of
any taxpayer under this Act, or any person who violates any
of the provisions of Sections 3 and 5 hereof, or any
purchaser who obtains a registration number or resale number
from the Department through misrepresentation, or who
represents to a seller that such purchaser has a registration
number or a resale number from the Department when he knows
that he does not, or who uses his registration number or
resale number to make a seller believe that he is is a buying
tangible personal property for resale when such purchaser in
fact knows that this is not the case, is guilty of a Class 3
felony.
When the amount due is $300 or more, any person who
accepts money that is due to the Department under this Act
from a taxpayer for the purpose of acting as the taxpayer's
agent to make the payment to the Department, but who fails to
remit such payment to the Department when due is guilty of a
Class 3 felony. Any such person who purports to make such
payment by issuing or delivering a check or other order upon
a real or fictitious depository for the payment of money,
knowing that it will not be paid by the depository, shall be
guilty of a deceptive practice in violation of Section 17-1
of the Criminal Code of 1961, as amended.
Any serviceman who collects or attempts to collect
Service Use Tax measured by receipts or selling prices which
such serviceman knows are not subject to Service Use Tax, or
any serviceman who knowingly over-collects or attempts to
over-collect Service Use Tax in a transaction which is
subject to the tax that is imposed by this Act, shall be
guilty of a Class 4 felony for each offense. This paragraph
does not apply to an amount collected by the serviceman as
Service Use Tax on receipts or selling prices which are
subject to tax under this Act as long as such collection is
made in compliance with the tax collection brackets
prescribed by the Department in its Rules and Regulations.
Any taxpayer or agent of a taxpayer who with the intent
to defraud purports to make a payment due to the Department
by issuing or delivering a check or other order upon a real
or fictitious depository for the payment of money, knowing
that it will not be paid by the depository, shall be guilty
of a deceptive practice in violation of Section 17-1 of the
Criminal Code of 1961, as amended.
A prosecution for any Act in violation of this Section
may be commenced at any time within 3 years of the commission
of that Act.
This Section does not apply if the violation in a
particular case also constitutes a criminal violation of the
Retailers' Occupation Tax Act, the Use Tax Act or the Service
Occupation Tax Act.
(Source: P.A. 88-480; revised 12-18-97.)
Section 43. The Property Tax Code is amended by changing
Sections 14-15, 15-35, 15-172, 15-175, 15-180, 18-165,
18-185, 19-60, 20-160, 21-260, 21-315, and 22-90 as follows:
(35 ILCS 200/14-15)
Sec. 14-15. Certificate of error; counties of 3,000,000
or more.
(a) In counties with 3,000,000 or more inhabitants, if,
at any time before judgment is rendered in any proceeding to
collect or to enjoin the collection of taxes based upon any
assessment of any property belonging to any taxpayer, the
county assessor discovers an error or mistake in the
assessment, the assessor shall execute a certificate setting
forth the nature and cause of the error. The certificate
when endorsed by the county assessor, or when endorsed by the
county assessor and board of appeals (until the first Monday
in December 1998 and the board of review beginning the first
Monday in December 1998 and thereafter) where the certificate
is executed for any assessment which was the subject of a
complaint filed in the board of appeals (until the first
Monday in December 1998 and the board of review beginning the
first Monday in December 1998 and thereafter) for the tax
year for which the certificate is issued, may be received in
evidence in any court of competent jurisdiction. When so
introduced in evidence such certificate shall become a part
of the court records, and shall not be removed from the files
except upon the order of the court.
A certificate executed under this Section may be issued
to the person erroneously assessed. A certificate executed
under this Section or a list of the parcels for which
certificates have been issued may be presented by the
assessor to the court as an objection in the application for
judgment and order of sale for the year in relation to which
the certificate is made. The State's Attorney of the county
in which the property is situated shall mail a copy of any
final judgment entered by the court regarding the certificate
to the taxpayer of record for the year in question.
Any unpaid taxes after the entry of the final judgment by
the court on certificates issued under this Section may be
included in a special tax sale, provided that an
advertisement is published and a notice is mailed to the
person in whose name the taxes were last assessed, in a form
and manner substantially similar to the advertisement and
notice required under Sections 21-110 and 21-135. The
advertisement and sale shall be subject to all provisions of
law regulating the annual advertisement and sale of
delinquent property, to the extent that those provisions may
be made applicable.
A certificate of error executed under this Section
allowing homestead exemptions under Sections 15-170, 15-172,
and 15-175 of this Act (formerly Sections 19.23-1 and
19.23-1a of the Revenue Act of 1939) not previously allowed
shall be given effect by the county treasurer, who shall mark
the tax books and, upon receipt of the following certificate
from the county assessor, shall issue refunds to the taxpayer
accordingly:
"CERTIFICATION
I, .................., county assessor, hereby certify
that the Certificates of Error set out on the attached
list have been duly issued to allow homestead exemptions
pursuant to Sections 15-170, 15-172, and 15-175 of the
Property Tax Code (formerly Sections 19.23-1 and 19.23-1a
of the Revenue Act of 1939) which should have been
previously allowed; and that a certified copy of the
attached list and this certification have been served
upon the county State's Attorney."
The county treasurer has the power to mark the tax books
to reflect the issuance of homestead certificates of error
issued to and including 3 years after the date on which the
annual judgment and order of sale for that tax year was first
entered. The county treasurer has the power to issue refunds
to the taxpayer as set forth above until all refunds
authorized by this Section have been completed.
The county treasurer has no power to issue refunds to the
taxpayer as set forth above unless the Certification set out
in this Section has been served upon the county State's
Attorney.
(b) Nothing in subsection (a) of this Section shall be
construed to prohibit the execution, endorsement, issuance,
and adjudication of a certificate of error if (i) the annual
judgment and order of sale for the tax year in question is
reopened for further proceedings upon consent of the county
collector and county assessor, represented by the State's
Attorney, and (ii) a new final judgment is subsequently
entered pursuant to the certificate. This subsection (b)
shall be construed as declarative of existing law and not as
a new enactment.
(c) No certificate of error, other than a certificate to
establish an exemption under Section 14-25, shall be executed
for any tax year more than 3 years after the date on which
the annual judgment and order of sale for that tax year was
first entered.
(d) The time limitation of subsection (c) shall not
apply to a certificate of error correcting an assessment to
$1, under Section 10-35, on a parcel that a subdivision or
planned development has acquired by adverse possession, if
during the tax year for which the certificate is executed the
subdivision or planned development used the parcel as common
area, as defined in Section 10-35, and if application for the
certificate of error is made prior to December 1, 31, 1997.
(Source: P.A. 89-126, eff. 7-11-95; 89-671, eff. 8-14-96;
90-4, eff. 3-7-97; 90-288, eff. 8-1-97; revised 10-21-97.)
(35 ILCS 200/15-35)
Sec. 15-35. Schools. All property donated by the United
States for school purposes, and all property of schools, not
sold or leased or otherwise used with a view to profit, is
exempt, whether owned by a resident or non-resident of this
State or by a corporation incorporated in any state of the
United States. Also exempt is:
(a) property of schools which is leased to a
municipality to be used for municipal purposes on a
not-for-profit basis;,
(b) property of schools on which the schools are
located and any other property of schools used by the
schools exclusively for school purposes, including, but
not limited to, student residence halls, dormitories and
other housing facilities for students and their spouses
and children, staff housing facilities, and school-owned
and operated dormitory or residence halls occupied in
whole or in part by students who belong to fraternities,
sororities, or other campus organizations;.
(c) property donated, granted, received or used for
public school, college, theological seminary, university,
or other educational purposes, whether held in trust or
absolutely; and,
(d) in counties with more than 200,000 inhabitants
which classify property, property (including interests in
land and other facilities) on or adjacent to (even if
separated by a public street, alley, sidewalk, parkway or
other public way) the grounds of a school, if that
property is used by an academic, research or professional
society, institute, association or organization which
serves the advancement of learning in a field or fields
of study taught by the school and which property is not
used with a view to profit.
(Source: P.A. 83-1226; 88-455; revised 3-31-97.)
(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
different 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.
Notwithstanding any other provision to the contrary, in
counties having fewer than 3,000,000 inhabitants, if an
applicant fails to file the application required by this
Section in a timely manner and this failure to file is due to
a mental or physical condition sufficiently severe so as to
render the applicant incapable of filing the application in a
timely manner, the Chief County Assessment Officer may extend
the filing deadline for a period of 30 days after the
applicant regains the capability to file the application, but
in no case may the filing deadline be extended beyond 3
months of the original filing deadline. In order to receive
the extension provided in this paragraph, the applicant shall
provide the Chief County Assessment Officer with a signed
statement from the applicant's physician stating the nature
and extent of the condition, that, in the physician's
opinion, the condition was so severe that it rendered the
applicant incapable of filing the application in a timely
manner, and the date on which the applicant regained the
capability to file the application.
Beginning January 1, 1998, notwithstanding any other
provision to the contrary, in counties having fewer than
3,000,000 inhabitants, if an applicant fails to file the
application required by this Section in a timely manner and
this failure to file is due to a mental or physical condition
sufficiently severe so as to render the applicant incapable
of filing the application in a timely manner, the Chief
County Assessment Officer may extend the filing deadline for
a period of 3 months. In order to receive the extension
provided in this paragraph, the applicant shall provide the
Chief County Assessment Officer with a signed statement from
the applicant's physician stating the nature and extent of
the condition, and that, in the physician's opinion, the
condition was so severe that it rendered the applicant
incapable of filing the application in a timely manner.
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.
(d) Each Chief County Assessment Officer shall annually
publish a notice of availability of the exemption provided
under this Section. The notice shall be published at least
60 days but no more than 75 days prior to the date on which
the application must be submitted to the Chief County
Assessment Officer of the county in which the property is
located. The notice shall appear in a newspaper of general
circulation in the county.
(Source: P.A. 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; 90-14, eff. 7-1-97; 90-204, eff. 7-25-97; 90-523,
eff. 11-13-97; 90-524, eff. 1-1-98; 90-531, eff. 1-1-98;
revised 12-23-97.)
(35 ILCS 200/15-175)
Sec. 15-175. General homestead exemption. Homestead
property is entitled to an annual homestead exemption
limited, except as described here with relation to
cooperatives, to a reduction in the equalized assessed value
of homestead property equal to the increase in equalized
assessed value for the current assessment year above the
equalized assessed value of the property for 1977, up to the
maximum reduction set forth below. If however, the 1977
equalized assessed value upon which taxes were paid is
subsequently determined by local assessing officials, the
Property Tax Appeal Board, or a court to have been excessive,
the equalized assessed value which should have been placed on
the property for 1977 shall be used to determine the amount
of the exemption.
The maximum reduction shall be $4,500 in counties with
3,000,000 or more inhabitants and $3,500 in all other
counties.
In counties with fewer than 3,000,000 inhabitants, if,
based on the most recent assessment, the equalized assessed
value of the homestead property for the current assessment
year is greater than the equalized assessed value of the
property for 1977, the owner of the property shall
automatically receive the exemption granted under this
Section in an amount equal to the increase over the 1977
assessment up to the maximum reduction set forth in this
Section.
"Homestead property" under this Section includes
residential property that is occupied by its owner or owners
as his or their principal dwelling place, or that is a
leasehold interest on which a single family residence is
situated, which is occupied as a residence by a person who
has an ownership interest therein, legal or equitable or as a
lessee, and on which the person is liable for the payment of
property taxes. For land improved with an apartment building
owned and operated as a cooperative or a building which is a
life care facility as defined in Section 15-170 and
considered to be a cooperative under Section 15-170, the
maximum reduction from the equalized assessed value shall be
limited to the increase in the value above the equalized
assessed value of the property for 1977, up to the maximum
reduction set forth above, multiplied by the number of
apartments or units occupied by a person or persons who is
liable, by contract with the owner or owners of record, for
paying property taxes on the property and is an owner of
record of a legal or equitable interest in the cooperative
apartment building, other than a leasehold interest. For
purposes of this Section, the term "life care facility" has
the meaning stated in Section 15-170.
In a cooperative where a homestead exemption has been
granted, 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 so
credit the savings shall be guilty of a Class B misdemeanor.
Where married persons maintain and reside in separate
residences qualifying as homestead property, each residence
shall receive 50% of the total reduction in equalized
assessed valuation provided by this Section.
In counties with more than 3,000,000 inhabitants, the
assessor, or chief county assessment officer may determine
the eligibility of residential property to receive the
homestead exemption by application, visual inspection,
questionnaire or other reasonable methods. The determination
shall be made in accordance with guidelines established by
the Department. In counties with fewer than 3,000,000
inhabitants, in the event of a sale of homestead property the
homestead exemption shall remain in effect for the remainder
of the assessment year of the sale. The assessor or chief
county assessment officer may require the new owner of the
property to apply for the homestead exemption for the
following assessment year.
(Source: P.A. 90-368, eff. 1-1-98; 90-552, eff. 12-12-97;
revised 1-6-98.)
(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 through December 31,
1997, and $45,000 beginning January 1, 1998 and thereafter,
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; 90-14, eff. 7-1-97; 90-186, eff. 7-24-97; revised
10-15-97)
(35 ILCS 200/18-165)
Sec. 18-165. Abatement of taxes.
(a) Any taxing district, upon a majority vote of its
governing authority, may, after the determination of the
assessed valuation of its property, order the clerk of that
county to abate any portion of its taxes on the following
types of property:
(1) Commercial and industrial.
(A) The property of any commercial or
industrial firm, including but not limited to the
property of any firm that is used for collecting,
separating, storing, or processing recyclable
materials, locating within the taxing district
during the immediately preceding year from another
state, territory, or country, or having been newly
created within this State during the immediately
preceding year, or expanding an existing facility.
The abatement shall not exceed a period of 10 years
and the aggregate amount of abated taxes for all
taxing districts combined shall not exceed
$4,000,000; or
(B) The property of any commercial or
industrial development of at least 500 acres having
been created within the taxing district. The
abatement shall not exceed a period of 20 years and
the aggregate amount of abated taxes for all taxing
districts combined shall not exceed $12,000,000.
(C) The property of any commercial or
industrial firm currently located in the taxing
district that expands a facility or its number of
employees. The abatement shall not exceed a period
of 10 years and the aggregate amount of abated taxes
for all taxing districts combined shall not exceed
$4,000,000. The abatement period may be renewed at
the option of the taxing districts.
(2) Horse racing. Any property in the taxing
district which is used for the racing of horses and upon
which capital improvements consisting of expansion,
improvement or replacement of existing facilities have
been made since July 1, 1987. The combined abatements
for such property from all taxing districts in any county
shall not exceed $5,000,000 annually and shall not exceed
a period of 10 years.
(3) Auto racing. Any property designed exclusively
for the racing of motor vehicles. Such abatement shall
not exceed a period of 10 years.
(4) Academic or research institute. The property
of any academic or research institute in the taxing
district that (i) is an exempt organization under
paragraph (3) of Section 501(c) of the Internal Revenue
Code, (ii) operates for the benefit of the public by
actually and exclusively performing scientific research
and making the results of the research available to the
interested public on a non-discriminatory basis, and
(iii) employs more than 100 employees. An abatement
granted under this paragraph shall be for at least 15
years and the aggregate amount of abated taxes for all
taxing districts combined shall not exceed $5,000,000.
(b) 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 located
within the corporate limits of the municipality in accordance
with Section 8-3-18 of the Illinois Municipal Code.
(Source: P.A. 89-561, eff. 1-1-97; 90-46, eff. 7-3-97;
90-415, eff. 8-15-97; revised 10-30-97.)
(35 ILCS 200/18-185)
Sec. 18-185. Short title; definitions. This Section and
Sections 18-190 through 18-245 may be cited as the Property
Tax Extension Limitation Law. As used in Sections 18-190
through 18-245:
"Consumer Price Index" means the Consumer Price Index for
All Urban Consumers for all items published by the United
States Department of Labor.
"Extension limitation" means (a) the lesser of 5% or the
percentage increase in the Consumer Price Index during the
12-month calendar year preceding the levy year or (b) the
rate of increase approved by voters under Section 18-205.
"Affected county" means a county of 3,000,000 or more
inhabitants or a county contiguous to a county of 3,000,000
or more inhabitants.
"Taxing district" has the same meaning provided in
Section 1-150, except as otherwise provided in this Section.
For the 1991 through 1994 levy years only, "taxing district"
includes only each non-home rule taxing district having the
majority of its 1990 equalized assessed value within any
county or counties contiguous to a county with 3,000,000 or
more inhabitants. Beginning with the 1995 levy year, "taxing
district" includes only each non-home rule taxing district
subject to this Law before the 1995 levy year and each
non-home rule taxing district not subject to this Law before
the 1995 levy year having the majority of its 1994 equalized
assessed value in an affected county or counties. Beginning
with the levy year in which this Law becomes applicable to a
taxing district as provided in Section 18-213, "taxing
district" also includes those taxing districts made subject
to this Law as provided in Section 18-213.
"Aggregate extension" for taxing districts to which this
Law applied before the 1995 levy year means the annual
corporate extension for the taxing district and those special
purpose extensions that are made annually for the taxing
district, excluding special purpose extensions: (a) made for
the taxing district to pay interest or principal on general
obligation bonds that were approved by referendum; (b) made
for any taxing district to pay interest or principal on
general obligation bonds issued before October 1, 1991; (c)
made for any taxing district to pay interest or principal on
bonds issued to refund or continue to refund those bonds
issued before October 1, 1991; (d) made for any taxing
district to pay interest or principal on bonds issued to
refund or continue to refund bonds issued after October 1,
1991 that were approved by referendum; (e) made for any
taxing district to pay interest or principal on revenue bonds
issued before October 1, 1991 for payment of which a property
tax levy or the full faith and credit of the unit of local
government is pledged; however, a tax for the payment of
interest or principal on those bonds shall be made only after
the governing body of the unit of local government finds that
all other sources for payment are insufficient to make those
payments; (f) made for payments under a building commission
lease when the lease payments are for the retirement of bonds
issued by the commission before October 1, 1991, to pay for
the building project; (g) made for payments due under
installment contracts entered into before October 1, 1991;
(h) made for payments of principal and interest on bonds
issued under the Metropolitan Water Reclamation District Act
to finance construction projects initiated before October 1,
1991; (i) made for payments of principal and interest on
limited bonds, as defined in Section 3 of the Local
Government Debt Reform Act, in an amount not to exceed the
debt service extension base less the amount in items (b),
(c), (e), and (h) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum; (j) made for payments of principal and interest
on bonds issued under Section 15 of the Local Government Debt
Reform Act; and (k) made by a school district that
participates in the Special Education District of Lake
County, created by special education joint agreement under
Section 10-22.31 of the School Code, for payment of the
school district's share of the amounts required to be
contributed by the Special Education District of Lake County
to the Illinois Municipal Retirement Fund under Article 7 of
the Illinois Pension Code; the amount of any extension under
this item (k) shall be certified by the school district to
the county clerk.
"Aggregate extension" for the taxing districts to which
this Law did not apply before the 1995 levy year (except
taxing districts subject to this Law in accordance with
Section 18-213) means the annual corporate extension for the
taxing district and those special purpose extensions that are
made annually for the taxing district, excluding special
purpose extensions: (a) made for the taxing district to pay
interest or principal on general obligation bonds that were
approved by referendum; (b) made for any taxing district to
pay interest or principal on general obligation bonds issued
before March 1, 1995; (c) made for any taxing district to pay
interest or principal on bonds issued to refund or continue
to refund those bonds issued before March 1, 1995; (d) made
for any taxing district to pay interest or principal on bonds
issued to refund or continue to refund bonds issued after
March 1, 1995 that were approved by referendum; (e) made for
any taxing district to pay interest or principal on revenue
bonds issued before March 1, 1995 for payment of which a
property tax levy or the full faith and credit of the unit of
local government is pledged; however, a tax for the payment
of interest or principal on those bonds shall be made only
after the governing body of the unit of local government
finds that all other sources for payment are insufficient to
make those payments; (f) made for payments under a building
commission lease when the lease payments are for the
retirement of bonds issued by the commission before March 1,
1995 to pay for the building project; (g) made for payments
due under installment contracts entered into before March 1,
1995; (h) made for payments of principal and interest on
bonds issued under the Metropolitan Water Reclamation
District Act to finance construction projects initiated
before October 1, 1991; (i) made for payments of principal
and interest on limited bonds, as defined in Section 3 of the
Local Government Debt Reform Act, in an amount not to exceed
the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum and bonds described in subsection (h) of this
definition; (j) made for payments of principal and interest
on bonds issued under Section 15 of the Local Government Debt
Reform Act; (k) made for payments of principal and interest
on bonds authorized by Public Act 88-503 and issued under
Section 20a of the Chicago Park District Act for aquarium or
museum projects; and (l) made for payments of principal and
interest on bonds authorized by Public Act 87-1191 and issued
under Section 42 of the Cook County Forest Preserve District
Act for zoological park projects.
"Aggregate extension" for all taxing districts to which
this Law applies in accordance with Section 18-213, except
for those taxing districts subject to paragraph (2) of
subsection (e) of Section 18-213, means the annual corporate
extension for the taxing district and those special purpose
extensions that are made annually for the taxing district,
excluding special purpose extensions: (a) made for the taxing
district to pay interest or principal on general obligation
bonds that were approved by referendum; (b) made for any
taxing district to pay interest or principal on general
obligation bonds issued before the date on which the
referendum making this Law applicable to the taxing district
is held; (c) made for any taxing district to pay interest or
principal on bonds issued to refund or continue to refund
those bonds issued before the date on which the referendum
making this Law applicable to the taxing district is held;
(d) made for any taxing district to pay interest or principal
on bonds issued to refund or continue to refund bonds issued
after the date on which the referendum making this Law
applicable to the taxing district is held if the bonds were
approved by referendum after the date on which the referendum
making this Law applicable to the taxing district is held;
(e) made for any taxing district to pay interest or principal
on revenue bonds issued before the date on which the
referendum making this Law applicable to the taxing district
is held for payment of which a property tax levy or the full
faith and credit of the unit of local government is pledged;
however, a tax for the payment of interest or principal on
those bonds shall be made only after the governing body of
the unit of local government finds that all other sources for
payment are insufficient to make those payments; (f) made for
payments under a building commission lease when the lease
payments are for the retirement of bonds issued by the
commission before the date on which the referendum making
this Law applicable to the taxing district is held to pay for
the building project; (g) made for payments due under
installment contracts entered into before the date on which
the referendum making this Law applicable to the taxing
district is held; (h) made for payments of principal and
interest on limited bonds, as defined in Section 3 of the
Local Government Debt Reform Act, in an amount not to exceed
the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum; (i) made for payments of principal and interest
on bonds issued under Section 15 of the Local Government Debt
Reform Act; and (j) made for a qualified airport authority to
pay interest or principal on general obligation bonds issued
for the purpose of paying obligations due under, or financing
airport facilities required to be acquired, constructed,
installed or equipped pursuant to, contracts entered into
before March 1, 1996 (but not including any amendments to
such a contract taking effect on or after that date).
"Aggregate extension" for all taxing districts to which
this Law applies in accordance with paragraph (2) of
subsection (e) of Section 18-213 means the annual corporate
extension for the taxing district and those special purpose
extensions that are made annually for the taxing district,
excluding special purpose extensions: (a) made for the taxing
district to pay interest or principal on general obligation
bonds that were approved by referendum; (b) made for any
taxing district to pay interest or principal on general
obligation bonds issued before the effective date of this
amendatory Act of 1997; (c) made for any taxing district to
pay interest or principal on bonds issued to refund or
continue to refund those bonds issued before the effective
date of this amendatory Act of 1997; (d) made for any taxing
district to pay interest or principal on bonds issued to
refund or continue to refund bonds issued after the effective
date of this amendatory Act of 1997 if the bonds were
approved by referendum after the effective date of this
amendatory Act of 1997; (e) made for any taxing district to
pay interest or principal on revenue bonds issued before the
effective date of this amendatory Act of 1997 for payment of
which a property tax levy or the full faith and credit of the
unit of local government is pledged; however, a tax for the
payment of interest or principal on those bonds shall be made
only after the governing body of the unit of local government
finds that all other sources for payment are insufficient to
make those payments; (f) made for payments under a building
commission lease when the lease payments are for the
retirement of bonds issued by the commission before the
effective date of this amendatory Act of 1997 to pay for the
building project; (g) made for payments due under installment
contracts entered into before the effective date of this
amendatory Act of 1997; (h) made for payments of principal
and interest on limited bonds, as defined in Section 3 of the
Local Government Debt Reform Act, in an amount not to exceed
the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum; (i) made for payments of principal and interest
on bonds issued under Section 15 of the Local Government Debt
Reform Act; and (j) made for a qualified airport authority to
pay interest or principal on general obligation bonds issued
for the purpose of paying obligations due under, or financing
airport facilities required to be acquired, constructed,
installed or equipped pursuant to, contracts entered into
before March 1, 1996 (but not including any amendments to
such a contract taking effect on or after that date).
"Debt service extension base" means an amount equal to
that portion of the extension for a taxing district for the
1994 levy year, or for those taxing districts subject to this
Law in accordance with Section 18-213, except for those
subject to paragraph (2) of subsection (e) of Section 18-213,
for the levy year in which the referendum making this Law
applicable to the taxing district is held, or for those
taxing districts subject to this Law in accordance with
paragraph (2) of subsection (e) of Section 18-213 for the
1996 levy year, constituting an extension for payment of
principal and interest on bonds issued by the taxing district
without referendum, but not including (i) bonds authorized by
Public Act 88-503 and issued under Section 20a of the Chicago
Park District Act for aquarium and museum projects; (ii)
bonds issued under Section 15 of the Local Government Debt
Reform Act; or (iii) refunding obligations issued to refund
or to continue to refund obligations initially issued
pursuant to referendum. The debt service extension base may
be established or increased as provided under Section 18-212.
"Special purpose extensions" include, but are not limited
to, extensions for levies made on an annual basis for
unemployment and workers' compensation, self-insurance,
contributions to pension plans, and extensions made pursuant
to Section 6-601 of the Illinois Highway Code for a road
district's permanent road fund whether levied annually or
not. The extension for a special service area is not
included in the aggregate extension.
"Aggregate extension base" means the taxing district's
last preceding aggregate extension as adjusted under Sections
18-215 through 18-230.
"Levy year" has the same meaning as "year" under Section
1-155.
"New property" means (i) the assessed value, after final
board of review or board of appeals action, of new
improvements or additions to existing improvements on any
parcel of real property that increase the assessed value of
that real property during the levy year multiplied by the
equalization factor issued by the Department under Section
17-30 and (ii) the assessed value, after final board of
review or board of appeals action, of real property not
exempt from real estate taxation, which real property was
exempt from real estate taxation for any portion of the
immediately preceding levy year, multiplied by the
equalization factor issued by the Department under Section
17-30.
"Qualified airport authority" means an airport authority
organized under the Airport Authorities Act and located in a
county bordering on the State of Wisconsin and having a
population in excess of 200,000 and not greater than 500,000.
"Recovered tax increment value" means the amount of the
current year's equalized assessed value, in the first year
after a municipality terminates the designation of an area as
a redevelopment project area previously established under the
Tax Increment Allocation Development Act in the Illinois
Municipal Code, previously established under the Industrial
Jobs Recovery Law in the Illinois Municipal Code, or
previously established under the Economic Development Area
Tax Increment Allocation Act, of each taxable lot, block,
tract, or parcel of real property in the redevelopment
project area over and above the initial equalized assessed
value of each property in the redevelopment project area.
Except as otherwise provided in this Section, "limiting
rate" means a fraction the numerator of which is the last
preceding aggregate extension base times an amount equal to
one plus the extension limitation defined in this Section and
the denominator of which is the current year's equalized
assessed value of all real property in the territory under
the jurisdiction of the taxing district during the prior levy
year. For those taxing districts that reduced their
aggregate extension for the last preceding levy year, the
highest aggregate extension in any of the last 3 preceding
levy years shall be used for the purpose of computing the
limiting rate. The denominator shall not include new
property. The denominator shall not include the recovered
tax increment value.
(Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95;
89-385, eff. 8-18-95; 89-436, eff. 1-1-96; 89-449, eff.
6-1-96; 89-510, eff. 7-11-96; 89-718, eff. 3-7-97; 90-485,
eff. 1-1-98; 90-511, eff. 8-22-97; revised 10-24-97.)
(35 ILCS 200/19-60)
Sec. 19-60. Bond as security for taxes collected. The
bond of every county or township collector shall be held to
be security for the payment by the collector to the, county
treasurer and the taxing districts and proper authorities, of
all taxes, special assessments which are collected or
received on their behalf, and of all penalties which are
recovered against him.
(Source: Laws 1939, p. 886; P.A. 88-455; revised 12-18-97.)
(35 ILCS 200/20-160)
Sec. 20-160. Office may be declared vacant. If any
county collector fails to account and pay over as required in
Sections 20-140 2-140 and 20-150, the office may be declared
vacant by the county board, or by any court in which suit is
brought on his or her official bond.
(Source: Laws 1939, p. 886; P.A. 88-455; revised 8-7-97.)
(35 ILCS 200/21-260)
Sec. 21-260. Collector's scavenger sale. Upon the
county collector's application under Section 21-145, to be
known as the Scavenger Sale Application, the Court shall
enter judgment for the general taxes, special taxes, special
assessments, interest, penalties and costs as are included in
the advertisement and appear to be due thereon after allowing
an opportunity to object and a hearing upon the objections as
provided in Section 21-175, and order those properties sold
by the County Collector at public sale to the highest bidder
for cash, notwithstanding the bid may be less than the full
amount of taxes, special taxes, special assessments,
interest, penalties and costs for which judgment has been
entered.
(a) Conducting the sale - Bidding. All properties
shall be offered for sale in consecutive order as they appear
in the delinquent list. The minimum bid for any property
shall be $250 or one-half of the tax if the total liability
is less than $500. The successful bidder shall immediately
pay the amount of minimum bid to the County Collector in
cash, by certified or cashier's check, or by money order. If
the bid exceeds the minimum bid, the successful bidder shall
pay the balance of the bid to the county collector in cash,
by certified or cashier's check, or by money order by the
close of the next business day. If the minimum bid is not
paid at the time of sale or if the balance is not paid by the
close of the next business day, then the sale is void and the
minimum bid, if paid, is forfeited to the county general
fund. In that event, the property shall be reoffered for
sale within 30 days of the last offering of property in
regular order. The collector shall make available to the
public a list of all properties to be included in any
reoffering due to the voiding of the original sale. The
collector is not required to serve or publish any other
notice of the reoffering of those properties. In the event
that any of the properties are not sold upon reoffering, or
are sold for less than the amount of the original voided
sale, the original bidder who failed to pay the bid amount
shall remain liable for the unpaid balance of the bid in an
action under Section 21-240. Liability shall not be reduced
where the bidder upon reoffering also fails to pay the bid
amount, and in that event both bidders shall remain liable
for the unpaid balance of their respective bids. A sale of
properties under this Section shall not be final until
confirmed by the court.
(b) Confirmation of sales. The county collector shall
file his or her report of sale in the court within 30 days of
the date of sale of each property. No notice of the county
collector's application to confirm the sales shall be
required except as prescribed by rule of the court. Upon
confirmation, except in cases where the sale becomes void
under Section 22-85, or in cases where the order of
confirmation is vacated by the court, a sale under this
Section shall extinguish the in rem lien of the general
taxes, special taxes and special assessments for which
judgment has been entered and a redemption shall not revive
the lien. Confirmation of the sale shall in no event affect
the owner's personal liability to pay the taxes, interest and
penalties as provided in this Code or prevent institution of
a proceeding under Section 21-440 to collect any amount that
may remain due after the sale.
(c) Issuance of tax sale certificates. Upon confirmation
of the sale the County Clerk and the County Collector shall
issue to the purchaser a certificate of purchase in the form
prescribed by Section 21-250 as near as may be. A
certificate of purchase shall not be issued to any person who
is ineligible to bid at the sale or to receive a certificate
of purchase under Section 21-265.
(d) Scavenger Tax Judgment, Sale and Redemption Record -
Sale of parcels not sold. The county collector shall prepare
a Scavenger Tax Judgment, Sale and Redemption Record. The
county clerk shall write or stamp on the scavenger tax
judgment, sale, forfeiture and redemption record opposite the
description of any property offered for sale and not sold, or
not confirmed for any reason, the words "offered but not
sold". The properties which are offered for sale under this
Section and not sold or not confirmed shall be offered for
sale annually thereafter in the manner provided in this
Section until sold, except in the case of mineral rights,
which after 10 consecutive years of being offered for sale
under this Section and not sold or confirmed shall no longer
be required to be offered for sale. At any time between
annual sales the County Collector may advertise for sale any
properties subject to sale under judgments for sale
previously entered under this Section and not executed for
any reason. The advertisement and sale shall be regulated by
the provisions of this Code as far as applicable.
(e) Proceeding to tax deed. The owner of the certificate
of purchase shall give notice as required by Sections 22-5
through 22-30, and may extend the period of redemption as
provided by Section 21-385. At any time within 5 months prior
to expiration of the period of redemption from a sale under
this Code, the owner of a certificate of purchase may file a
petition and may obtain a tax deed under Sections 22-30
through 22-55. All proceedings for the issuance of a tax deed
and all tax deeds for properties sold under this Section
shall be subject to Sections 22-30 through 22-55. Deeds
issued under this Section are subject to Section 22-70. This
Section shall be liberally construed so to that the deeds
provided for in this Section convey merchantable title.
(f) Redemptions from scavenger sales. Redemptions may be
made from sales under this Section in the same manner and
upon the same terms and conditions as redemptions from sales
made under the County Collector's annual application for
judgment and order of sale, except that in lieu of penalty
the person redeeming shall pay interest as follows if the
sale occurs before September 9, 1993:
(1) If redeemed within the first 2 months from the
date of the sale, 3% per month or portion thereof upon
the amount for which the property was sold;
(2) If redeemed between 2 and 6 months from the
date of the sale, 12% of the amount for which the
property was sold;
(3) If redeemed between 6 and 12 months from the
date of the sale, 24% of the amount for which the
property was sold;
(4) If redeemed between 12 and 18 months from the
date of the sale, 36% of the amount for which the
property was sold;
(5) If redeemed between 18 and 24 months from the
date of the sale, 48% of the amount for which the
property was sold;
(6) If redeemed after 24 months from the date of
sale, the 48% herein provided together with interest at
6% per year thereafter.
If the sale occurs on or after September 9, 1993, the
person redeeming shall pay interest on that part of the
amount for which the property was sold equal to or less than
the full amount of delinquent taxes, special assessments,
penalties, interest, and costs, included in the judgment and
order of sale as follows:
(1) If redeemed within the first 2 months from the
date of the sale, 3% per month upon the amount of taxes,
special assessments, penalties, interest, and costs due
for each of the first 2 months, or fraction thereof.
(2) If redeemed at any time between 2 and 6 months
from the date of the sale, 12% of the amount of taxes,
special assessments, penalties, interest, and costs due.
(3) If redeemed at any time between 6 and 12 months
from the date of the sale, 24% of the amount of taxes,
special assessments, penalties, interest, and costs due.
(4) If redeemed at any time between 12 and 18
months from the date of the sale, 36% of the amount of
taxes, special assessments, penalties, interest, and
costs due.
(5) If redeemed at any time between 18 and 24
months from the date of the sale, 48% of the amount of
taxes, special assessments, penalties, interest, and
costs due.
(6) If redeemed after 24 months from the date of
sale, the 48% provided for the 24 months together with
interest at 6% per annum thereafter on the amount of
taxes, special assessments, penalties, interest, and
costs due.
The person redeeming shall not be required to pay any
interest on any part of the amount for which the property was
sold that exceeds the full amount of delinquent taxes,
special assessments, penalties, interest, and costs included
in the judgment and order of sale.
Notwithstanding any other provision of this Section,
except for owner-occupied single family residential units
which are condominium units, cooperative units or dwellings,
the amount required to be paid for redemption shall also
include an amount equal to all delinquent taxes on the
property which taxes were delinquent at the time of sale.
The delinquent taxes shall be apportioned by the county
collector among the taxing districts in which the property is
situated in accordance with law. In the event that all moneys
received from any sale held under this Section exceed an
amount equal to all delinquent taxes on the property sold,
which taxes were delinquent at the time of sale, together
with all publication and other costs associated with the
sale, then, upon redemption, the County Collector and the
County Clerk shall apply the excess amount to the cost of
redemption.
(g) Bidding by county or other taxing districts. Any
taxing district may bid at a scavenger sale. The county
board of the county in which properties offered for sale
under this Section are located may bid as trustee for all
taxing districts having an interest in the taxes for the
nonpayment of which the parcels are offered. The County shall
apply on the bid the unpaid taxes due upon the property and
no cash need be paid. The County or other taxing district
acquiring a tax sale certificate shall take all steps
necessary to acquire title to the property and may manage and
operate the property so acquired.
When a county, or other taxing district within the
county, is a petitioner for a tax deed, no filing fee shall
be required on the petition. The county as a tax creditor and
as trustee for other tax creditors, or other taxing district
within the county shall not be required to allege and prove
that all taxes and special assessments which become due and
payable after the sale to the county have been paid. The
county shall not be required to pay the subsequently accruing
taxes or special assessments at any time. Upon the written
request of the county board or its designee, the county
collector shall not offer the property for sale at any tax
sale subsequent to the sale of the property to the county
under this Section. The lien of taxes and special assessments
which become due and payable after a sale to a county shall
merge in the fee title of the county, or other taxing
district, on the issuance of a deed. The County may sell the
properties so acquired, or the certificate of purchase
thereto, and the proceeds of the sale shall be distributed to
the taxing districts in proportion to their respective
interests therein. The presiding officer of the county board,
with the advice and consent of the County Board, may appoint
some officer or person to attend scavenger sales and bid on
its behalf.
(h) Miscellaneous provisions. In the event that the
tract of land or lot sold at any such sale is not redeemed
within the time permitted by law and a tax deed is issued,
all moneys that may be received from the sale of properties
in excess of the delinquent taxes, together with all
publication and other costs associated with the sale, shall,
upon petition of any interested party to the court that
issued the tax deed, be distributed by the County Collector
pursuant to order of the court among the persons having legal
or equitable interests in the property according to the fair
value of their interests in the tract or lot. Section 21-415
does not apply to properties sold under this Section. Appeals
may be taken from the orders and judgments entered under this
Section as in other civil cases. The remedy herein provided
is in addition to other remedies for the collection of
delinquent taxes.
(Source: P.A. 90-514, eff. 8-22-97; revised 12-18-97.)
(35 ILCS 200/21-315)
Sec. 21-315. Interest on refund.
(a) In those cases which arise solely under grounds set
forth in Section 21-310 or 22-35, and in no other cases, the
court which orders a sale in error shall also award interest
on the refund of the amount paid for the certificate of
purchase, together with all costs paid by the owner of the
certificate of purchase or his or her assignor which were
posted to the tax judgment, sale, redemption and forfeiture
record, except as otherwise provided in this Section. Except
as otherwise provided in this Section, interest shall be
awarded and paid at the rate of 1% per month from the date of
sale to the date of payment to the tax purchaser, or in an
amount equivalent to the penalty interest which would be
recovered on a redemption at the time of payment pursuant to
the order for sale in error, whichever is less.
(b) Interest on the refund to the owner of the
certificate of purchase shall not be paid (i) in any case in
which the improvements upon the property sold have been
substantially destroyed or rendered uninhabitable or
otherwise unfit for occupancy, (ii) when the sale in error is
made in pursuant to Section 22-35, (iii) in any case, after
January 1, 1990, in which the real estate contains a
hazardous substance, hazardous waste, or underground storage
tank that would require a cleanup or other removal under any
federal, State, or local law, ordinance or regulation, only
if the tax purchaser purchased the property without actual
knowledge of the hazardous substance, hazardous waste or
underground storage tank, or (iv) in any other case where the
court determines that the tax purchaser had actual knowledge
prior to the sale of the grounds on which the sale is
declared to be erroneous.
(c) When the county collector files a petition for sale
in error under Section 21-310 and mails a notice thereof by
certified or registered mail to the tax purchaser, any
interest otherwise payable under this Section shall cease to
accrue as of the date the petition is filed, unless the tax
purchaser agrees to an order for sale in error upon the
presentation of the petition to the court. Notices under
this subsection may be mailed to the original owner of the
certificate of purchase, or to the latest assignee, if known.
When the owner of the certificate of purchase contests the
collector's petition solely to determine whether the grounds
for sale in error are such as to support a claim for
interest, the court may direct that the principal amount of
the refund be paid to the owner of the certificate of
purchase forthwith. If the court thereafter determines that a
claim for interest lies under this Section, it shall award
such interest from the date of sale to the date the principal
amount was paid.
(Source: P.A. 88-455; 88-676, eff. 12-14-94; 89-69, eff.
6-30-95; revised 12-18-97.)
(35 ILCS 200/22-90)
Sec. 22-90. Recording of certificate of purchase by
municipality. If any city, village or incorporated town,
interested in the collection of any special tax or
assessment, acquires a certificate of purchase at a tax sale,
it is not be required to take out a deed, but may preserve
its lien under the certificate of purchase, beyond the period
of redemption, by recording the certificate of purchase or
evidence thereof within 1 year from the expiration of the
period of redemption or extended period of redemption, in the
office of the recorder of the county in which the property is
situated, or by presenting the certificate for registration
in the manner provided by law, to the registrar of titles in
the case of property registered under the Registered Titles
(Torrens) Act. The recorded certificate of purchase or the
evidence thereof shall contain language in substantially the
following form:
STATE OF ....)
)SS
COUNTY OF ...)
The following described property was sold to the (here
place name of city, village, or incorporated town), at a
public sale for the nonpayment of special taxes or
assessments in the above stated county, on the .... day of
...., 19 .., to-wit: (here place property description). The
sale was for the delinquent special tax or assessment (here
place the special assessment warrant number and installment).
Unless payment or settlement is made at the office of (here
place proper city, village or incorporated town officer), the
municipality for which the above lien or liens were created
may at any time after expiration of the period of redemption,
sell and assign the certificate of purchase. Either the
municipality or its assignee at any time after expiration of
the period of redemption may file a complaint to foreclose or
bring an action for the amount of the special tax or
assessment due.
Dated this .... day of ...., 19...
...........................
(Proper Officer)
(Source: P.A. 87-669; 88-455; revised 12-18-97.)
Section 44. The Motor Fuel Tax Law is amended by
changing Section 8 as follows:
(35 ILCS 505/8) (from Ch. 120, par. 424)
Sec. 8. Except as provided in Section 8a, all money
received by the Department under this Act, including payments
made to the Department by member jurisdictions participating
in the International Fuel Tax Agreement, shall be deposited
in a special fund in the State treasury, to be known as the
"Motor Fuel Tax Fund", and shall be used as follows:
(a) 2 1/2 cents per gallon of the tax collected on
special fuel under paragraph (b) of Section 2 and Section 13a
of this Act shall be transferred to the State Construction
Account Fund in the State Treasury;
(b) $420,000 shall be transferred each month to the
State Boating Act Fund to be used by the Department of
Natural Resources for the purposes specified in Article X of
the Boat Registration and Safety Act;
(c) $1,500,000 shall be transferred each month to the
Grade Crossing Protection Fund to be used as follows: not
less than $6,000,000 each fiscal year shall be used for the
construction or reconstruction of rail highway grade
separation structures; beginning with fiscal year 1997 and
ending in fiscal year 1999, $1,500,000, and $750,000 in
fiscal year 2000 and each fiscal year thereafter shall be
transferred to the Transportation Regulatory Fund and shall
be accounted for as part of the rail carrier portion of such
funds and shall be used to pay the cost of administration of
the Illinois Commerce Commission's railroad safety program in
connection with its duties under subsection (3) of Section
18c-7401 of the Illinois Vehicle Code, with the remainder to
be used by the Department of Transportation upon order of the
Illinois Commerce Commission, to pay that part of the cost
apportioned by such Commission to the State to cover the
interest of the State-wide public in the use of highways,
roads or streets in the county highway system, township and
district road system or municipal street system as defined in
the Illinois Highway Code, as the same may from time to time
be amended, for separation of grades, for installation,
construction or reconstruction of crossing protection or
reconstruction, alteration, relocation including construction
or improvement of any existing highway necessary for access
to property or improvement of any grade crossing including
the necessary highway approaches thereto of any railroad
across the highway or public road, as provided for in and in
accordance with Section 18c-7401 of the Illinois Vehicle
Code. In entering orders for projects for which payments
from the Grade Crossing Protection Fund will be made, the
Commission shall account for expenditures authorized by the
orders on a cash rather than an accrual basis. For purposes
of this requirement an "accrual basis" assumes that the total
cost of the project is expended in the fiscal year in which
the order is entered, while a "cash basis" allocates the cost
of the project among fiscal years as expenditures are
actually made;
(d) of the amount remaining after allocations provided
for in subsections (a), (b) and (c), a sufficient amount
shall be reserved to pay all of the following:
(1) the costs of the Department of Revenue in
administering this Act;
(2) the costs of the Department of Transportation
in performing its duties imposed by the Illinois Highway
Code for supervising the use of motor fuel tax funds
apportioned to municipalities, counties and road
districts;
(3) refunds provided for in Section 13 of this Act
and under the terms of the International Fuel Tax
Agreement referenced in Section 14a;
(4) from October 1, 1985 until June 30, 1994, the
administration of the Vehicle Emissions Inspection Law,
which amount shall be certified monthly by the
Environmental Protection Agency to the State Comptroller
and shall promptly be transferred by the State
Comptroller and Treasurer from the Motor Fuel Tax Fund to
the Vehicle Inspection Fund, and beginning July 1, 1994,
and until December 31, 2000, one-twelfth of $25,000,000
each month for the administration of the Vehicle
Emissions Inspection Law of 1995, to be transferred by
the State Comptroller and Treasurer from the Motor Fuel
Tax Fund into the Vehicle Inspection Fund;
(5) amounts ordered paid by the Court of Claims;
and
(6) payment of motor fuel use taxes due to member
jurisdictions under the terms of the International Fuel
Tax Agreement. The Department shall certify these
amounts to the Comptroller by the 15th day of each month;
the Comptroller shall cause orders to be drawn for such
amounts, and the Treasurer shall administer those amounts
on or before the last day of each month;
(e) after allocations for the purposes set forth in
subsections (a), (b), (c) and (d), the remaining amount shall
be apportioned as follows:
(1) 58.4% shall be deposited as follows:
(A) 37% into the State Construction Account
Fund, and
(B) 63% into the Road Fund, $1,250,000 of
which shall be reserved each month for the
Department of Transportation to be used in
accordance with the provisions of Sections 6-901
through 6-906 of the Illinois Highway Code;
(2) 41.6% shall be transferred to the Department of
Transportation to be distributed as follows:
(A) 49.10% to the municipalities of the State,
(B) 16.74% to the counties of the State having
1,000,000 or more inhabitants,
(C) 18.27% to the counties of the State having
less than 1,000,000 inhabitants,
(D) 15.89% to the road districts of the State.
As soon as may be after the first day of each month the
Department of Transportation shall allot to each municipality
its share of the amount apportioned to the several
municipalities which shall be in proportion to the population
of such municipalities as determined by the last preceding
municipal census if conducted by the Federal Government or
Federal census. If territory is annexed to any municipality
subsequent to the time of the last preceding census the
corporate authorities of such municipality may cause a census
to be taken of such annexed territory and the population so
ascertained for such territory shall be added to the
population of the municipality as determined by the last
preceding census for the purpose of determining the allotment
for that municipality. If the population of any municipality
was not determined by the last Federal census preceding any
apportionment, the apportionment to such municipality shall
be in accordance with any census taken by such municipality.
Any municipal census used in accordance with this Section
shall be certified to the Department of Transportation by the
clerk of such municipality, and the accuracy thereof shall be
subject to approval of the Department which may make such
corrections as it ascertains to be necessary.
As soon as may be after the first day of each month the
Department of Transportation shall allot to each county its
share of the amount apportioned to the several counties of
the State as herein provided. Each allotment to the several
counties having less than 1,000,000 inhabitants shall be in
proportion to the amount of motor vehicle license fees
received from the residents of such counties, respectively,
during the preceding calendar year. The Secretary of State
shall, on or before April 15 of each year, transmit to the
Department of Transportation a full and complete report
showing the amount of motor vehicle license fees received
from the residents of each county, respectively, during the
preceding calendar year. The Department of Transportation
shall, each month, use for allotment purposes the last such
report received from the Secretary of State.
As soon as may be after the first day of each month, the
Department of Transportation shall allot to the several
counties their share of the amount apportioned for the use of
road districts. The allotment shall be apportioned among the
several counties in the State in the proportion which the
total mileage of township or district roads in the respective
counties bears to the total mileage of all township and
district roads in the State. Funds allotted to the respective
counties for the use of road districts therein shall be
allocated to the several road districts in the county in the
proportion which the total mileage of such township or
district roads in the respective road districts bears to the
total mileage of all such township or district roads in the
county. After July 1 of any year, no allocation shall be
made for any road district unless it levied a tax for road
and bridge purposes in an amount which will require the
extension of such tax against the taxable property in any
such road district at a rate of not less than either .08% of
the value thereof, based upon the assessment for the year
immediately prior to the year in which such tax was levied
and as equalized by the Department of Revenue or, in DuPage
County, an amount equal to or greater than $12,000 per mile
of road under the jurisdiction of the road district,
whichever is less. If any road district has levied a special
tax for road purposes pursuant to Sections 6-601, 6-602 and
6-603 of the Illinois Highway Code, and such tax was levied
in an amount which would require extension at a rate of not
less than .08% of the value of the taxable property thereof,
as equalized or assessed by the Department of Revenue, or, in
DuPage County, an amount equal to or greater than $12,000 per
mile of road under the jurisdiction of the road district,
whichever is less, such levy shall, however, be deemed a
proper compliance with this Section and shall qualify such
road district for an allotment under this Section. If a
township has transferred to the road and bridge fund money
which, when added to the amount of any tax levy of the road
district would be the equivalent of a tax levy requiring
extension at a rate of at least .08%, or, in DuPage County,
an amount equal to or greater than $12,000 per mile of road
under the jurisdiction of the road district, whichever is
less, such transfer, together with any such tax levy, shall
be deemed a proper compliance with this Section and shall
qualify the road district for an allotment under this
Section.
In counties in which a property tax extension limitation
is imposed under the Property Tax Extension Limitation Law,
road districts may retain their entitlement to a motor fuel
tax allotment if, at the time the property tax extension
limitation was imposed, the road district was levying a road
and bridge tax at a rate sufficient to entitle it to a motor
fuel tax allotment and continues to levy the maximum
allowable amount after the imposition of the property tax
extension limitation. Any road district may in all
circumstances retain its entitlement to a motor fuel tax
allotment if it levied a road and bridge tax in an amount
that will require the extension of the tax against the
taxable property in the road district at a rate of not less
than 0.08% of the assessed value of the property, based upon
the assessment for the year immediately preceding the year in
which the tax was levied and as equalized by the Department
of Revenue or, in DuPage County, an amount equal to or
greater than $12,000 per mile of road under the jurisdiction
of the road district, whichever is less.
As used in this Section the term "road district" means
any road district, including a county unit road district,
provided for by the Illinois Highway Code; and the term
"township or district road" means any road in the township
and district road system as defined in the Illinois Highway
Code. For the purposes of this Section, "road district" also
includes park districts, forest preserve districts and
conservation districts organized under Illinois law and
"township or district road" also includes such roads as are
maintained by park districts, forest preserve districts and
conservation districts. The Department of Transportation
shall determine the mileage of all township and district
roads for the purposes of making allotments and allocations
of motor fuel tax funds for use in road districts.
Payment of motor fuel tax moneys to municipalities and
counties shall be made as soon as possible after the
allotment is made. The treasurer of the municipality or
county may invest these funds until their use is required and
the interest earned by these investments shall be limited to
the same uses as the principal funds.
(Source: P.A. 89-167, eff. 1-1-96; 89-445, eff. 2-7-96;
89-699, eff. 1-16-97; 90-110, eff. 7-14-97; revised 8-14-97.)
Section 45. The Cannabis and Controlled Substances Tax
Act is amended by changing Section 16 as follows:
(35 ILCS 520/16) (from Ch. 120, par. 2166)
Sec. 16. All assessments are Jeopardy Assessments -
lien.
(a) Assessment. An assessment for a dealer not
possessing valid stamps or other official indicia showing
that the tax has been paid shall be considered a jeopardy
assessment or collection, as provided by Section 1102 of the
Illinois Income Tax Act. The Department shall determine and
assess a tax and applicable penalties and interest according
to the best judgment and information available to the
Department, which amount so fixed by the Department shall be
prima facie correct and shall be prima facie evidence of the
correctness of the amount of tax due, as shown in such
determination. When, according to the best judgment and
information available to the Department with regard to all
real and personal property and rights to property of the
dealer, there is no reasonable expectation of collection of
the amount of tax and penalty to be assessed, the Department
may issue an assessment under this Section for the amount of
tax without penalty.
(b) Filing of Lien. Upon issuance of a jeopardy
assessment as provided by subsection (a) of this Section, the
Department may file a notice of jeopardy assessment lien in
the office of the recorder of the county in which any
property of the taxpayer may be located and shall notify the
taxpayer of such filing.
(c) Protest. If the taxpayer believes that he does not
owe some or all of the amount for which the jeopardy
assessment lien against him has been filed, he may protest
within 20 days after being notified by the Department of the
filing of such jeopardy assessment lien and request a
hearing, whereupon the Department shall hold a hearing in
conformity with the provisions of Section 908 of the Illinois
Income Tax Act and, pursuant thereto, shall notify the
taxpayer of its decision as to whether or not such jeopardy
assessment lien will be released.
After the expiration of the period within which the
person assessed may file an action for judicial review under
the Administrative Review Law without such action being
filed, a certified copy of the final assessment or revised
final assessment of the Department may be filed with the
Circuit Court of the county in which the dealer resides, or
of Cook County in the case of a dealer who does not reside in
this State, or in the county where the violation of this Act
took place. The certified copy of the final assessment or
revised final assessment shall be accompanied by a
certification which recites facts that are sufficient to show
that the Department complied with the jurisdictional
requirements of the Act in arriving at its final assessment
or its revised final assessment and that the dealer had this
opportunity for an administrative hearing and for judicial
review, whether he availed himself or herself of either or
both of these opportunities or not. If the court is
satisfied that the Department complied with the
jurisdictional requirements of the Act in arriving at its
final assessment or its revised final assessment and that the
taxpayer had his opportunity for an administrative hearing
and for judicial review, whether he availed himself of either
or both of these opportunities or not, the court shall render
judgment in favor of the Department and against the taxpayer
for the amount shown to be due by the final assessment or the
revised final assessment, plus any interest which may be due,
and such judgment shall be entered in the judgment docket of
the court. Such judgment shall bear the same rate of
interest and shall have the same effect as other judgments.
The judgment may be enforced, and all laws applicable to
sales for the enforcement of a judgment shall be applicable
to sales made under such judgments. The Department shall
file the certified copy of its assessment, as herein
provided, with the Circuit Court within 2 years after such
assessment becomes final except when the taxpayer consents in
writing to an extension of such filing period, and except
that the time limitation period on the Department's right to
file the certified copy of its assessment with the Circuit
Court shall not run during any period of time in which the
order of any court has the effect of enjoining or restraining
the Department from filing such certified copy of its
assessment with the Circuit Court.
If, when the cause of action for a proceeding in court
accrues against a person, he or she is out of the State, the
action may be commenced within the times herein limited,
after his or her coming into or returning to the State; and
if, after the cause of action accrues, he or she departs from
and remains out of the State, the time of his or her absence
from the State, the time of his or her absence is no part of
the time limited for the commencement of the action; but the
foregoing provisions concerning absence from the State shall
not apply to any case in which, at the time the cause of
action accrues, the party against whom the cause of action
accrues is not a resident of this State. The time within
which a court action is action's to be commenced by the
Department hereunder shall not run from the date the taxpayer
files a petition in bankruptcy under the Federal Bankruptcy
Act until 30 days after notice of termination or expiration
of the automatic stay imposed by the Federal Bankruptcy Act.
No claim shall be filed against the estate of any
deceased person or any person under legal disability for any
tax or penalty or part of either, or interest, except in the
manner prescribed and within the time limited by the Probate
Act of 1975, as amended.
The collection of tax or penalty or interest by any means
provided for herein shall not be a bar to any prosecution
under this Act.
In addition to any penalty provided for in this Act, any
amount of tax which is not paid when due shall bear interest
at the rate determined in accordance with the Uniform Penalty
and Interest Act, per month or fraction thereof from the date
when such tax becomes past due until such tax is paid or a
judgment therefor is obtained by the Department. If the time
for making or completing an audit of a taxpayer's books and
records is extended with the taxpayer's consent, at the
request of and for the convenience of the Department, beyond
the date on which the statute of limitations upon the
issuance of a notice of tax liability by the Department
otherwise run, no interest shall accrue during the period of
such extension. Interest shall be collected in the same
manner and as part of the tax.
If the Department determines that an amount of tax or
penalty or interest was incorrectly assessed, whether as the
result of a mistake of fact or an error of law, the
Department shall waive the amount of tax or penalty or
interest that accrued due to the incorrect assessment.
(Source: P.A. 87-205; 88-669, eff. 11-29-94; revised
12-18-97.)
Section 46. The Public Utilities Revenue Act is amended
by changing Section 5 as follows:
(35 ILCS 620/5) (from Ch. 120, par. 472)
Sec. 5. All of the provisions of Sections 4, (except that
the time limitation provisions shall run from the date when
the tax is due rather than from the date when gross receipts
are received), 5 (except that the time limitation provisions
on the issuance of notices of tax liability shall run from
the date when the tax is due rather than from the date when
gross receipts are received and except that, in the case of a
failure to file a return required by this Act, no notice of
tax liability shall be issued covering tax due with that
return more than 6 years after the original due date of that
return, and except that the 30% penalty provided for in
Section 5 shall not apply), 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g,
5i, 5j, 6b, and 6c of the Retailers' Occupation Tax Act,
which are not inconsistent with this Act, and the Uniform
Penalty and Interest Act shall apply, as far as practicable,
to the subject matter of this Act to the same extent as if
such provisions were included herein. References in such
incorporated Sections of the Retailers' Occupation Tax Act to
retailers, to sellers or to persons engaged in the business
of selling tangible personal property mean persons engaged in
the business of distributing electricity when used in this
Act. References in such incorporated Sections of the
Retailers' Occupation Tax Act to sales of tangible personal
property mean the distributing of electricity when used in
this Act.
(Source: P.A. 90-491, eff. 1-1-98; 90-561, eff. 1-1-98;
revised 1-6-98.)
Section 47. The Telecommunications Municipal
Infrastructure Maintenance Fee Act is amended by changing
Section 25 as follows:
(35 ILCS 635/25)
Sec. 25. Collection, enforcement, and administration of
telecommunications infrastructure maintenance fees.
(a) A telecommunications retailer shall charge each
customer an additional charge equal to the sum of (1) an
amount equal to the State infrastructure maintenance fee
attributable to that customer's service address and (2) an
amount equal to the optional infrastructure maintenance fee,
if any, attributable to that customer's service address and
(3) an amount equal to the municipal infrastructure
maintenance fee, if any, attributable to that customer's
service address. Such additional charge shall be shown
separately on the bill to each customer.
(b) The State infrastructure maintenance fee and the
optional infrastructure maintenance fee shall be designated
as a replacement for the personal property tax and shall be
remitted by the telecommunications retailer to the Illinois
Department of Revenue; provided, however, that the
telecommunications retailer may retain an amount not to
exceed 2% of the State infrastructure maintenance fee and the
optional infrastructure maintenance fee, if any, paid to the
Department, with a timely paid and timely filed return to
reimburse itself for expenses incurred in collecting,
accounting for, and remitting the fee. All amounts herein
remitted to the Department shall be transferred to the
Personal Property Tax Replacement Fund in the State Treasury.
(c) The municipal infrastructure maintenance fee shall
be remitted by the telecommunications retailer to the
municipality imposing the municipal infrastructure
maintenance fee; provided, however, that the
telecommunications retailer may retain an amount not to
exceed 2% of the municipal infrastructure maintenance fee
collected by it to reimburse itself for expenses incurred in
accounting for and remitting the fee. The municipality
imposing the municipal infrastructure maintenance fee shall
collect, enforce, and administer the fee.
(d) Except as provided in subsection (e) (f), during any
period of time when a municipality receives any compensation
other than the municipal infrastructure maintenance fee set
forth in Section 20, for a telecommunications retailer's use
of the public right-of-way, no municipal infrastructure
maintenance fee may be imposed by such municipality pursuant
to this Act.
(e) A municipality that, pursuant to a franchise
agreement in existence on the effective date of this Act,
receives compensation from a telecommunications retailer for
the use of the public right of way, may impose a municipal
infrastructure maintenance fee pursuant to this Act only on
the condition that such municipality (1) waives its right to
receive all fees, charges and other compensation under all
existing franchise agreements or the like with
telecommunications retailers during the time that the
municipality imposes a municipal infrastructure maintenance
fee and (2) imposes by ordinance (or other proper means) a
municipal infrastructure maintenance fee which becomes
effective no sooner than 90 days after such municipality has
provided written notice by certified mail to each
telecommunications retailer with whom the municipality has an
existing franchise agreement, that the municipality waives
all compensation under such existing franchise agreement.
(Source: P.A. 90-154, eff. 1-1-98; 90-562, eff. 12-16-97;
revised 12-30-97.)
Section 48. The Illinois Pension Code is amended by
changing Sections 1-113, 2-108.1, 2-120, 5-168.1, 7-171,
8-154, 8-173, 8-230.1, 9-108, 9-167, 9-170.1, 9-177, 9-179.2,
9-182, 11-167, 11-221.1, 12-124, 14-103.13, 14-104, 14-104.5,
14-108, 15-106, 15-134, 15-136, 15-157, 15-185, 16-140,
17-116.6, 17-127, 17-129, and 17-156.1 and setting forth and
renumbering multiple versions of Section 14-104.10 as
follows:
(40 ILCS 5/1-113) (from Ch. 108 1/2, par. 1-113)
Sec. 1-113. Investment authority of certain pension
funds, not including those established under Article 3 or 4.
The investment authority of a board of trustees of a
retirement system or pension fund established under this Code
shall, if so provided in the Article establishing such
retirement system or pension fund, embrace the following
investments:
(1) Bonds, notes and other direct obligations of the
United States Government; bonds, notes and other obligations
of any United States Government agency or instrumentality,
whether or not guaranteed; and obligations the principal and
interest of which are guaranteed unconditionally by the
United States Government or by an agency or instrumentality
thereof.
(2) Obligations of the Inter-American Development Bank,
the International Bank for Reconstruction and Development,
the African Development Bank, the International Finance
Corporation, and the Asian Development Bank.
(3) Obligations of any state, or of any political
subdivision in Illinois, or of any county or city in any
other state having a population as shown by the last federal
census of not less than 30,000 inhabitants provided that such
political subdivision is not permitted by law to become
indebted in excess of 10% of the assessed valuation of
property therein and has not defaulted for a period longer
than 30 days in the payment of interest and principal on any
of its general obligations or indebtedness during a period of
10 calendar years immediately preceding such investment.
(4) Nonconvertible bonds, debentures, notes and other
corporate obligations of any corporation created or existing
under the laws of the United States or any state, district or
territory thereof, provided there has been no default on the
obligations of the corporation or its predecessor(s) during
the 5 calendar years immediately preceding the purchase. Up
to 5% of the assets of a pension fund established under
Article 9 of this Code may be invested in nonconvertible
bonds, debentures, notes, and other corporate obligations of
corporations created or existing under the laws of a foreign
country, provided there has been no default on the
obligations of the corporation or its predecessors during the
5 calendar years immediately preceding the date of purchase.
(5) Obligations guaranteed by the Government of Canada,
or by any Province of Canada, or by any Canadian city with a
population of not less than 150,000 inhabitants, provided (a)
they are payable in United States currency and are exempt
from any Canadian withholding tax; (b) the investment in any
one issue of bonds shall not exceed 10% of the amount
outstanding; and (c) the total investments at book value in
Canadian securities shall be limited to 5% of the total
investment account of the board at book value.
(5.1) Direct obligations of the State of Israel for the
payment of money, or obligations for the payment of money
which are guaranteed as to the payment of principal and
interest by the State of Israel, or common or preferred stock
or notes issued by a bank owned or controlled in whole or in
part by the State of Israel, on the following conditions:
(a) The total investments in such obligations shall
not exceed 5% of the book value of the aggregate
investments owned by the board;
(b) The State of Israel shall not be in default in
the payment of principal or interest on any of its direct
general obligations on the date of such investment;
(c) The bonds, stock or notes, and interest thereon
shall be payable in currency of the United States;
(d) The bonds shall (1) contain an option for the
redemption thereof after 90 days from date of purchase or
(2) either become due 5 years from the date of their
purchase or be subject to redemption 120 days after the
date of notice for redemption;
(e) The investment in these obligations has been
approved in writing by investment counsel employed by the
board, which counsel shall be a national or state bank or
trust company authorized to do a trust business in the
State of Illinois, or an investment advisor qualified
under the Federal Investment Advisors Act of 1940 and
registered under the Illinois Securities Act of 1953;
(f) The fund or system making the investment shall
have at least $5,000,000 of net present assets.
(6) Notes secured by mortgages under Sections 203, 207,
220 and 221 of the National Housing Act which are insured by
the Federal Housing Commissioner, or his successor assigns,
or debentures issued by such Commissioner, which are
guaranteed as to principal and interest by the Federal
Housing Administration, or agency of the United States
Government, provided the aggregate investment shall not
exceed 20% of the total investment account of the board at
book value, and provided further that the investment in such
notes under Sections 220 and 221 shall in no event exceed
one-half of the maximum investment in notes under this
paragraph.
(7) Loans to veterans guaranteed in whole or part by the
United States Government pursuant to Title III of the Act of
Congress known as the "Servicemen's Readjustment Act of
1944," 58 Stat. 284, 38 U.S.C. 693, as amended or
supplemented from time to time, provided such guaranteed
loans are liens upon real estate.
(8) Common and preferred stocks and convertible debt
securities authorized for investment of trust funds under the
laws of the State of Illinois, provided:
(a) the common stocks, except as provided in
subparagraph (g), are listed on a national securities
exchange or board of trade, as defined in the federal
Securities Exchange Act of 1934, or quoted in the
National Association of Securities Dealers Automated
Quotation System (NASDAQ);
(b) the securities are of a corporation created or
existing under the laws of the United States or any
state, district or territory thereof, except that up to
5% of the assets of a pension fund established under
Article 9 of this Code may be invested in securities
issued by corporations created or existing under the laws
of a foreign country, if those securities are otherwise
in conformance with this paragraph (8);
(c) the corporation is not in arrears on payment of
dividends on its preferred stock;
(d) the total book value of all stocks and
convertible debt owned by any pension fund or retirement
system shall not exceed 40% of the aggregate book value
of all investments of such pension fund or retirement
system, except for a pension fund or retirement system
governed by Article 9, 13, or 17, where the total of all
stocks and convertible debt shall not exceed 50% of the
aggregate book value of all fund investments;
(e) the book value of stock and convertible debt
investments in any one corporation shall not exceed 5% of
the total investment account at book value in which such
securities are held, determined as of the date of the
investment, and the investments in the stock of any one
corporation shall not exceed 5% of the total outstanding
stock of such corporation, and the investments in the
convertible debt of any one corporation shall not exceed
5% of the total amount of such debt that may be
outstanding;
(f) the straight preferred stocks or convertible
preferred stocks and convertible debt securities are
issued or guaranteed by a corporation whose common stock
qualifies for investment by the board; and
(g) that any common stocks not listed or quoted as
provided in subdivision 8(a) above be limited to the
following types of institutions: (a) any bank which is a
member of the Federal Deposit Insurance Corporation
having capital funds represented by capital stock,
surplus and undivided profits of at least $20,000,000;
(b) any life insurance company having capital funds
represented by capital stock, special surplus funds and
unassigned surplus totalling at least $50,000,000; and
(c) any fire or casualty insurance company, or a
combination thereof, having capital funds represented by
capital stock, net surplus and voluntary reserves of at
least $50,000,000.
(9) Withdrawable accounts of State chartered and federal
chartered savings and loan associations insured by the
Federal Savings and Loan Insurance Corporation; deposits or
certificates of deposit in State and national banks insured
by the Federal Deposit Insurance Corporation; and share
accounts or share certificate accounts in a State or federal
credit union, the accounts of which are insured as required
by The Illinois Credit Union Act or the Federal Credit Union
Act, as applicable.
No bank or savings and loan association shall receive
investment funds as permitted by this subsection (9), unless
it has complied with the requirements established pursuant to
Section 6 of the Public Funds Investment Act.
(10) Trading, purchase or sale of listed options on
underlying securities owned by the board.
(11) Contracts and agreements supplemental thereto
providing for investments in the general account of a life
insurance company authorized to do business in Illinois.
(12) Conventional mortgage pass-through securities which
are evidenced by interests in Illinois owner-occupied
residential mortgages, having not less than an "A" rating
from at least one national securities rating service. Such
mortgages may have loan-to-value ratios up to 95%, provided
that any amount over 80% is insured by private mortgage
insurance. The pool of such mortgages shall be insured by
mortgage guaranty or equivalent insurance, in accordance with
industry standards.
(13) Pooled or commingled funds managed by a national or
State bank which is authorized to do a trust business in the
State of Illinois, shares of registered investment companies
as defined in the federal Investment Company Act of 1940
which are registered under that Act, and separate accounts of
a life insurance company authorized to do business in
Illinois, where such pooled or commingled funds, shares, or
separate accounts are comprised of common or preferred
stocks, bonds, or money market instruments.
(14) Pooled or commingled funds managed by a national or
state bank which is authorized to do a trust business in the
State of Illinois, separate accounts managed by a life
insurance company authorized to do business in Illinois, and
commingled group trusts managed by an investment adviser
registered under the federal Investment Advisors Act of 1940
(15 U.S.C. 80b-1 et seq.) and under the Illinois Securities
Law of 1953, where such pooled or commingled funds, separate
accounts or commingled group trusts are comprised of real
estate or loans upon real estate secured by first or second
mortgages. The total investment in such pooled or commingled
funds, commingled group trusts and separate accounts shall
not exceed 10% of the aggregate book value of all investments
owned by the fund.
(15) Investment companies which (a) are registered as
such under the Investment Company Act of 1940, (b) are
diversified, open-end management investment companies and (c)
invest only in money market instruments.
(16) Up to 10% of the assets of the fund may be invested
in investments not included in paragraphs (1) through (15) of
this Section, provided that such investments comply with the
requirements and restrictions set forth in Sections 1-109,
1-109.1, 1-109.2, 1-110 and 1-111 of this Code.
The board shall have the authority to enter into such
agreements and to execute such documents as it determines to
be necessary to complete any investment transaction.
Any limitations herein set forth shall be applicable only
at the time of purchase and shall not require the liquidation
of any investment at any time.
All investments shall be clearly held and accounted for
to indicate ownership by such board. Such board may direct
the registration of securities in its own name or in the name
of a nominee created for the express purpose of registration
of securities by a national or state bank or trust company
authorized to conduct a trust business in the State of
Illinois.
Investments shall be carried at cost or at a value
determined in accordance with generally accepted accounting
principles and accounting procedures approved by such board.
(Source: P.A. 90-12, eff. 6-13-97; 90-507, eff. 8-22-97;
90-511, eff. 8-22-97; revised 11-17-97.)
(40 ILCS 5/2-108.1) (from Ch. 108 1/2, par. 2-108.1)
Sec. 2-108.1. Highest salary for annuity purposes.
(a) "Highest salary for annuity purposes" means
whichever of the following is applicable to the participant:
(1) For a participant who is a member of the
General Assembly on his or her last day of service: the
highest salary that is prescribed by law, on the
participant's last day of service, for a member of the
General Assembly who is not an officer; plus, if the
participant was elected or appointed to serve as an
officer of the General Assembly for 2 or more years and
has made contributions as required under subsection (d)
of Section 2-126, the highest additional amount of
compensation prescribed by law, at the time of the
participant's service as an officer, for members of the
General Assembly who serve in that office.
(2) For a participant who holds one of the State
executive offices specified in Section 2-105 on his or
her last day of service: the highest salary prescribed by
law for service in that office on the participant's last
day of service.
(3) For a participant who is Clerk or Assistant
Clerk of the House Senate of Representatives or Secretary
or Assistant Secretary of the Senate on his or her last
day of service: the salary received for service in that
capacity on the last day of service, but not to exceed
the highest salary (including additional compensation for
service as an officer) that is prescribed by law on the
participant's last day of service for the highest paid
officer of the General Assembly.
(4) For a participant who is a continuing
participant under Section 2-117.1 on his or her last day
of service: the salary received for service in that
capacity on the last day of service, but not to exceed
the highest salary (including additional compensation for
service as an officer) that is prescribed by law on the
participant's last day of service for the highest paid
officer of the General Assembly.
(b) The earnings limitations of subsection (a) apply to
earnings under any other participating system under the
Retirement Systems Reciprocal Act that are considered in
calculating a proportional annuity under this Article, except
in the case of a person who first became a member of this
System before August 22, the effective date of this
amendatory Act of 1994.
(c) In calculating the subsection (a) earnings
limitation to be applied to earnings under any other
participating system under the Retirement Systems Reciprocal
Act for the purpose of calculating a proportional annuity
under this Article, the participant's last day of service
shall be deemed to mean the last day of service in any
participating system from which the person has applied for a
proportional annuity under the Retirement Systems Reciprocal
Act.
(Source: P.A. 88-593, eff. 8-22-94; revised 6-27-97.)
(40 ILCS 5/2-120) (from Ch. 108 1/2, par. 2-120)
Sec. 2-120. Reversionary annuity. (a) Prior to
retirement, a participant may elect to take a reduced
retirement annuity and provide, with the actuarial value of
the amount of the reduction in annuity, a reversionary
annuity for a spouse, parent, child, brother or sister. The
option shall be exercised by the filing of a written
designation with the board prior to retirement, and may be
revoked by the participant at any time before retirement. The
death of the participant or the designated reversionary
annuitant prior to the participant's retirement shall
automatically void this option. If the reversionary annuitant
dies after the participant's retirement, the reduced annuity
being paid to the retired participant shall remain unchanged
and no reversionary annuity shall be payable.
(b) A reversionary annuity shall not be payable if the
participant dies before the expiration of 2 years from the
date the written designation was filed with the board even
though he or she had retired and was receiving a reduced
retirement annuity under this option.
(c) A reversionary annuity shall begin on the first day
of the month following the death of the annuitant and
continue until the death of the reversionary annuitant.
(d) For a member electing to take a reduced annuity
under this Section, the automatic increases provided in
Section 2-119.1 2-119.2 shall be applied to the amount of the
reduced retirement annuity.
(Source: P.A. 83-1440; revised 12-18-97.)
(40 ILCS 5/5-168.1) (from Ch. 108 1/2, par. 5-168.1)
Sec. 5-168.1. The employer may pick up the employee
contributions required by Sections 5-167.1, 5-169, 5-170,
5-171 and 5-175.1 5.175.1 for salary earned after December
31, 1981. If employee contributions are not picked up, the
amount that would have been picked up under this amendatory
Act of 1980 shall continue to be deducted from salary. If
employee contributions are picked up they shall be treated as
employer contributions in determining tax treatment under the
United States Internal Revenue Code; however, the employer
shall continue to withhold Federal and state income taxes
based upon these contributions until the Internal Revenue
Service or the Federal courts rule that pursuant to Section
414(h) of the United States Internal Revenue Code, these
contributions shall not be included as gross income of the
employee until such time as they are distributed or made
available. The employer shall pay these employee
contributions from the same source of funds which is used in
paying salary to the employee. The employer may pick up these
contributions by a reduction in the cash salary of the
employee or by an offset against a future salary increase or
by a combination of a reduction in salary and offset against
a future salary increase. If employee contributions are
picked up they shall be treated for all purposes of this
Article 5, including Section 5-168, in the same manner and to
the same extent as employee contributions made prior to the
date picked up.
(Source: P.A. 81-1536; revised 12-18-97.)
(40 ILCS 5/7-171) (from Ch. 108 1/2, par. 7-171)
Sec. 7-171. Finance; taxes.
(a) Each municipality other than a school district shall
appropriate an amount sufficient to provide for the current
municipality contributions required by Section 7-172 of this
Article, for the fiscal year for which the appropriation is
made and all amounts due for municipal contributions for
previous years. Those municipalities which have been assessed
an annual amount to amortize its unfunded obligation, as
provided in subparagraph 5 of paragraph (a) of Section 7-172
of this Article, shall include in the appropriation an amount
sufficient to pay the amount assessed. The appropriation
shall be based upon an estimate of assets available for
municipality contributions and liabilities therefor for the
fiscal year for which appropriations are to be made,
including funds available from levies for this purpose in
prior years.
(b) For the purpose of providing monies for municipality
contributions, beginning for the year in which a municipality
is included in this fund:
(1) A municipality other than a school district may
levy a tax which shall not exceed the amount appropriated
for municipality contributions.
(2) A school district may levy a tax in an amount
reasonably calculated at the time of the levy to provide
for the municipality contributions required under Section
7-172 of this Article for the fiscal years for which
revenues from the levy will be received and all amounts
due for municipal contributions for previous years. Any
levy adopted before the effective date of this amendatory
Act of 1995 by a school district shall be considered
valid and authorized to the extent that the amount was
reasonably calculated at the time of the levy to provide
for the municipality contributions required under Section
7-172 for the fiscal years for which revenues from the
levy will be received and all amounts due for municipal
contributions for previous years. In no event shall a
budget adopted by a school district limit a levy of that
school district adopted under this Section.
(c) Any county which is served by a regional office of
education that serves 2 or more counties may include in its
appropriation an amount sufficient to provide its
proportionate share of the municipality contributions for
that regional office of education. The tax levy authorized
by this Section may include an amount necessary to provide
monies for this contribution.
(d) Any county that is a part of a multiple-county
health department or consolidated health department which is
formed under "An Act in relation to the establishment and
maintenance of county and multiple-county public health
departments", approved July 9, 1943, as amended, and which is
a participating instrumentality may include in the county's
appropriation an amount sufficient to provide its
proportionate share of municipality contributions of the
department. The tax levy authorized by this Section may
include the amount necessary to provide monies for this
contribution.
(d-5) A school district participating in a special
education joint agreement created under Section 10-22.31 of
the School Code that is a participating instrumentality may
include in the school district's tax levy under this Section
an amount sufficient to provide its proportionate share of
the municipality contributions for current and prior service
by employees of the participating instrumentality created
under the joint agreement.
(e) Such tax shall be levied and collected in like
manner, with the general taxes of the municipality and shall
be in addition to all other taxes which the municipality is
now or may hereafter be authorized to levy upon all taxable
property therein, and shall be exclusive of and in addition
to the amount of tax levied for general purposes under
Section 8-3-1 of the "Illinois Municipal Code", approved May
29, 1961, as amended, or under any other law or laws which
may limit the amount of tax which the municipality may levy
for general purposes. The tax may be levied by the governing
body of the municipality without being authorized as being
additional to all other taxes by a vote of the people of the
municipality.
(f) The county clerk of the county in which any such
municipality is located, in reducing tax levies shall not
consider any such tax as a part of the general tax levy for
municipality purposes, and shall not include the same in the
limitation of any other tax rate which may be extended.
(g) The amount of the tax to be levied in any year
shall, within the limits herein prescribed, be determined by
the governing body of the respective municipality.
(h) The revenue derived from any such tax levy shall be
used only for the purposes specified in this Article and, as
collected, shall be paid to the treasurer of the municipality
levying the tax. Monies received by a county treasurer for
use in making contributions to a regional office of education
for its municipality contributions shall be held by him for
that purpose and paid to the regional office of education in
the same manner as other monies appropriated for the expense
of the regional office.
(Source: P.A. 89-329, eff. 8-17-95; 90-448, eff. 8-16-97;
90-511, eff. 8-22-97; revised 11-17-97.)
(40 ILCS 5/8-154) (from Ch. 108 1/2, par. 8-154)
Sec. 8-154. Maximum annuities.
(1) The annuities to an employee and his widow are
subject to the following limitations:
(a) No age and service annuity, or age and service
and prior service annuity combined, in excess of 60% of
the highest salary of an employee, and no minimum annuity
in excess of the amount provided in Section 8-138 or set
forth as a maximum in any other Section of this Code
relating to minimum annuities for municipal employees
included under Article 8 of this Code shall be payable to
any employee - excepting to the extent that the annuity
may exceed such per cent or amount under Section 8-137
and 8-137.1 providing for automatic increases after
retirement.
(b) No annuity in excess of 60% of such highest
salary shall be payable to a widow if death of an
employee results solely from injury incurred in the
performance of an act of duty; provided, the annuity for
a widow, or a widow's annuity plus compensation annuity,
shall not exceed $500 per month if the employee's death
occurs before January 23, 1987, except as provided in
paragraph (d). The widow's annuity, or a widow's annuity
plus compensation annuity, shall not be limited to a
maximum dollar amount if the employee's death occurs on
or after January 23, 1987, regardless of the date of
injury.
(c) No annuity in excess of 50% of such highest
salary shall be payable to a widow in the case of death
resulting in whole or in part from any cause other than
injury incurred in the performance of an act of duty;
provided, the annuity for a widow, or a widow's annuity
plus supplemental annuity, shall not exceed $500 per
month if the employee's death occurs before January 23,
1987, except as provided in paragraph (d). The widow's
annuity, or widow's annuity plus supplemental annuity,
shall not be limited to a maximum dollar amount if the
employee's death occurs on or after January 23, 1987.
(d) For widows of employees who died before January
23, 1987 after retirement on annuity or in service, the
maximum dollar amount limitation on widow's annuity (or
widow's annuity plus compensation or supplemental
annuity) shall cease to apply, beginning with the first
annuity payment after the effective date of this
amendatory Act of 1997; except that if a refund of excess
contributions for widow's annuity has been paid by the
Fund, the increase resulting from this paragraph (d)
shall not begin before the refund has been repaid to the
Fund, together with interest at the effective rate from
the date of the refund to the date of repayment.
(2) If when an employee's annuity is fixed, the amount
accumulated to his credit therefor, as of his age at such
time exceeds the amount necessary for the annuity, all
contributions for annuity purposes after the date on which
the accumulated sums to the credit of such employee for
annuity purposes would first have provided such employee with
such amount of annuity as of his age at such date shall be
refunded when he enters upon annuity, with interest at the
effective rate.
If the aforesaid annuity so fixed is not payable, but a
larger amount is payable as a minimum annuity, such refund
shall be reduced by 5/12 of the value of the difference in
the annuity payable and the amount theretofore fixed, as the
value of such difference may be at the date and as of the age
of the employee when his annuity is granted; provided that if
the employee was credited with city contributions for any
period for which he made no contribution, or a contribution
of less than 3 1/4% of salary, a further reduction in the
refund shall be made by the equivalent of what he would have
contributed during such period less his actual contributions,
had the rate of employee contributions in force on the
effective date been in effect throughout his entire service,
prior to such effective date, with interest computed on such
amounts at the effective rate.
(3) If at the time the annuity for a wife is fixed, the
employee's credit for a widow's annuity exceeds that
necessary to provide such an annuity equal to the maximum
annuity provided in this section, all employee contributions
for such annuity, for service after the date on which the
accumulated sums to the credit of such employee for the
purpose of providing widow's annuity would first have
provided such widow with such amount of annuity, if such
annuity were computed on the basis of the Combined Annuity
Mortality Table with interest at 3% per annum with ages at
date of determination taken as specified in this Article,
shall be refunded to the employee, with interest at the
effective rate. If the employee was credited with city
contributions for widow's annuity for any service prior to
the effective date, any amount so refundable, shall be
reduced by the equivalent of what he would have contributed,
had his contributions for widow's annuity been made at the
rate of 1% throughout his entire service, prior to the
effective date, with interest on such amounts at the
effective rate.
(4) If at the death of an employee prior to age 65, the
credit for widow's annuity exceeds that necessary to provide
the maximum annuity prescribed in this section, all employee
contributions for annuity purposes, for service after the
date on which the accumulated sums to the credit of such
employee for the purpose of providing such maximum annuity
for the widow would first have provided such widow with such
amount of annuity, if such annuity were computed on the basis
of the Combined Annuity Mortality Table with interest at 3%
per annum with ages at date of determination taken as
specified in this Article, shall be refunded to the widow,
with interest at the effective rate.
If the employee was credited with city contributions for
any period of service during which he was not required to
make a contribution, or made a contribution of less than 3
1/4% of salary, the refund shall be reduced by the equivalent
of the contributions he would have made during such period,
less any amount he contributed, had the rate of employee
contributions in effect on the effective date been in force
throughout his entire service, prior to the effective date,
with interest on such amounts at the effective rate; provided
that if the employee was credited with city contributions for
widow's annuity for any service prior to the effective date,
any amount so refundable shall be further reduced by the
equivalent of what he would have contributed had he made
contributions for widow's annuity at the rate of 1%
throughout his entire service; prior to such effective date,
with interest on such amounts at the effective rate.
(Source: P.A. 90-511, eff. 8-22-97; revised 12-18-97.)
(40 ILCS 5/8-173) (from Ch. 108 1/2, par. 8-173)
Sec. 8-173. Financing; tax levy.
(a) Except as provided in subsection (f) of this
Section, the city council of the city shall levy a tax
annually upon all taxable property in the city at a rate that
will produce a sum which, when added to the amounts deducted
from the salaries of the employees or otherwise contributed
by them will be sufficient for the requirements of this
Article, but which when extended will produce an amount not
to exceed the greater of the following: (a) The sum obtained
by the levy of a tax of .1093% of the value, as equalized or
assessed by the Department of Revenue, of all taxable
property within such city, or (b) the sum of $12,000,000.
However any city in which a Fund has been established and in
operation under this Article for more than 3 years prior to
1970, that city shall levy for the year 1970 a tax at a rate
on the dollar of assessed valuation of all taxable property
that will produce, when extended, an amount not to exceed 1.2
times the total amount of contributions made by employees to
the Fund for annuity purposes in the calendar year 1968, and,
for the year 1971 and 1972 such levy that will produce, when
extended, an amount not to exceed 1.3 times the total amount
of contributions made by of employees to the Fund for annuity
purposes in the calendar years 1969 and 1970, respectively;
and for the year 1973 an amount not to exceed 1.365 times
such total amount of contributions made by employees for
annuity purposes in the calendar year 1971; and for the year
1974 an amount not to exceed 1.430 times such total amount of
contributions made by employees for annuity purposes in the
calendar year 1972; and for the year 1975 an amount not to
exceed 1.495 times such total amount of contributions made by
employees for annuity purposes in the calendar year 1973; and
for the year 1976 an amount not to exceed 1.560 times such
total amount of contributions made by employees for annuity
purposes in the calendar year 1974; and for the year 1977 an
amount not to exceed 1.625 times such total amount of
contributions made by employees for annuity purposes in the
calendar year 1975; and for the year 1978 and each year
thereafter such levy that will produce, when extended, an
amount not to exceed 1.690 times the total amount of
contributions made by or on behalf of employees to the Fund
for annuity purposes in the calendar year 2 years prior to
the year for which the annual applicable tax is levied.
The tax shall be levied and collected in like manner with
the general taxes of the city, and shall be exclusive of and
in addition to the amount of tax the city is now or may
hereafter be authorized to levy for general purposes under
any laws which may limit the amount of tax which the city may
levy for general purposes. The county clerk of the county in
which the city is located, in reducing tax levies under the
provisions of any Act concerning the levy and extension of
taxes, shall not consider the tax herein provided for as a
part of the general tax levy for city purposes, and shall not
include the same within any limitation of the percent of the
assessed valuation upon which taxes are required to be
extended for such city.
Revenues derived from such tax shall be paid to the city
treasurer of the city as collected and held by him for the
benefit of the fund.
If the payments on account of taxes are insufficient
during any year to meet the requirements of this Article, the
city may issue tax anticipation warrants against the current
tax levy.
(b) On or before January 10, annually, the board shall
notify the city council of the requirements of this Article
that the tax herein provided shall be levied for that current
year. The board shall compute the amounts necessary to be
credited to the reserves established and maintained as herein
provided, and shall make an annual determination of the
amount of the required city contributions, and certify the
results thereof to the city council.
(c) In respect to employees of the city who are
transferred to the employment of a park district by virtue of
the "Exchange of Functions Act of 1957", the corporate
authorities of the park district shall annually levy a tax
upon all the taxable property in the park district at such
rate per cent of the value of such property, as equalized or
assessed by the Department of Revenue, as shall be
sufficient, when added to the amounts deducted from their
salaries and otherwise contributed by them to provide the
benefits to which they and their dependents and beneficiaries
are entitled under this Article. The city shall not levy a
tax hereunder in respect to such employees.
The tax so levied by the park district shall be in
addition to and exclusive of all other taxes authorized to be
levied by the park district for corporate, annuity fund, or
other purposes. The county clerk of the county in which the
park district is located, in reducing any tax levied under
the provisions of any act concerning the levy and extension
of taxes shall not consider such tax as part of the general
tax levy for park purposes, and shall not include the same in
any limitation of the per cent of the assessed valuation upon
which taxes are required to be extended for the park
district. The proceeds of the tax levied by the park
district, upon receipt by the district, shall be immediately
paid over to the city treasurer of the city for the uses and
purposes of the fund.
The various sums, to be contributed by the city and park
district and allocated for the purposes of this Article and
any interest to be contributed by the city, shall be derived
from the revenue from said tax or otherwise as expressly
provided in this Section.
If it is not possible or practicable for the city to make
contributions for age and service annuity and widow's annuity
at the same time that employee contributions are made for
such purposes, such city contributions shall be construed to
be due and payable as of the end of the fiscal year for which
the tax is levied and shall accrue thereafter with intere